[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5572-S6049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 6033. 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 B of title VII, add the following:

     SEC. 730. 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.''.
                                 ______
                                 
  SA 6034. 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 X, add the following:

     SEC. 1026. AUTHORITY TO CONVEY BY DONATION CERTAIN VESSELS 
                   FOR HUMANITARIAN ASSISTANCE AND DISASTER RELIEF 
                   PURPOSES.

       (a) Authority to Convey.--The Secretary of the Navy may 
     convey, by donation, all right, title, and interest of the 
     United States Government in and to any vessel described in 
     subsection (b) to the Coalition of Hope Foundation, Inc., a 
     nonprofit organization, for use in the provision of 
     humanitarian assistance and disaster relief services, if the 
     vessel is no longer required by the United States Government.
       (b) Vessels Described.--The vessels described in this 
     subsection are the following

[[Page S5573]]

     vessels, which have been stricken from the Naval Vessel 
     Register:
       (1) The former U.S.S. Tarawa (LHA-1)
       (2) The former U.S.S. Peleliu (LHA-5).
       (c) Terms of Conveyance.--
       (1) Delivery of vessel.--The Secretary of the Navy shall 
     deliver a vessel conveyed under subsection (a)--
       (A) at a location and on a date of conveyance as mutually 
     agreed to by the Secretary and the recipient; and
       (B) in its condition on that date.
       (2) Limitations on liability and responsibility.--
       (A) Immunity of the united states.--The United States and 
     all departments and agencies thereof, and their officers and 
     employees, shall not be liable at law or in equity for any 
     injury or damage to any person or property occurring on a 
     vessel donated under this section.
       (B) Improvements, upgrades, and repairs.--Notwithstanding 
     any other law, the Department of Defense, and the officers 
     and employees of the Department of Defense, shall have no 
     responsibility or obligation to make, engage in, or provide 
     funding for, any improvement, upgrade, modification, 
     maintenance, preservation, or repair to a vessel donated 
     under this section.
       (C) Claims arising from exposure to hazardous material.--
     The Secretary may not convey a vessel under this section 
     unless the recipient agrees to hold the United States 
     Government harmless for any claim arising from exposure to 
     hazardous material, including asbestos and polychlorinated 
     biphenyls, after the conveyance of the vessel, except for any 
     claim arising before the date of the conveyance or from use 
     of the vessel by the Government after that date.
       (3) Conveyance to be at no cost to department of defense.--
     Any conveyance of a vessel under this section, the 
     demilitarization of Munitions List items of that vessel, the 
     maintenance and preservation of that vessel after conveyance, 
     and the ultimate disposal of that vessel shall be made at no 
     cost to the Department of Defense.
       (4) Additional terms.--The Secretary may require such 
     additional terms in connection with the conveyance authorized 
     by this section as the Secretary considers appropriate.
       (d) Definitions.--In this section:
       (1) 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 section 501(a) of that Code.
       (2) Munitions list.--The term ``Munitions List'' means the 
     United States Munitions List created and controlled under 
     section 38 of the Arms Export Control Act (22 U.S.C. 2778).
                                 ______
                                 
  SA 6035. Mr. WICKER (for himself 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:

    TITLE __--NATIONAL STRATEGY FOR THE RESEARCH AND DEVELOPMENT OF 
                    DISTRIBUTED LEDGER TECHNOLOGIES

     SEC. __. DEFINITIONS.

       In this title:
       (1) Director.--Except as otherwise expressly provided, the 
     term ``Director'' means the Director of the Office of Science 
     and Technology Policy.
       (2) Distributed ledger.--The term ``distributed ledger'' 
     means a ledger that--
       (A) is shared across a set of distributed nodes, which are 
     devices or processes, that participate in a network and store 
     a complete or partial replica of the ledger;
       (B) is synchronized between the nodes;
       (C) has data appended to it by following the ledger's 
     specified consensus mechanism;
       (D) may be accessible to anyone (public) or restricted to a 
     subset of participants (private); and
       (E) may require participants to have authorization to 
     perform certain actions (permissioned) or require no 
     authorization (permissionless).
       (3) Distributed ledger technology.--The term ``distributed 
     ledger technology'' means technology that enables the 
     operation and use of distributed ledgers.
       (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 Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (6) Smart contract.--The term ``smart contract'' means a 
     computer program stored in a distributed ledger system that 
     is executed when certain predefined conditions are satisfied 
     and wherein the outcome of any execution of the program may 
     be recorded on the distributed ledger.

     SEC. __. NATIONAL DISTRIBUTED LEDGER TECHNOLOGY R&D STRATEGY.

       (a) In General.--The Director, or a designee of the 
     Director, shall, in coordination with the National Science 
     and Technology Council, and the heads of such other relevant 
     Federal agencies as the Director considers appropriate and in 
     consultation with such nongovernmental entities as the 
     Director considers appropriate, develop a national strategy 
     for the research and development of distributed ledger 
     technologies and their applications, with a particular focus 
     on applications of public and permissionless distributed 
     ledgers. In developing the national strategy, the Director 
     shall consider the following:
       (1) Current efforts and coordination by Federal agencies to 
     invest in the research and development of distributed ledger 
     technologies and their applications, including through 
     programs like the Small Business Innovation Research and 
     Small Business Technology Transfer programs.
       (2)(A) The potential benefits and risks of applications of 
     distributed ledger technologies across different industry 
     sectors, including their potential to--
       (i) lower transactions costs and facilitate new types of 
     commercial transactions;
       (ii) protect privacy and increase individuals' data 
     sovereignty;
       (iii) reduce friction to the interoperability of digital 
     systems;
       (iv) increase the accessibility, auditability, security, 
     efficiency, and transparency of digital services;
       (v) increase market competition in the provision of digital 
     services;
       (vi) enable dynamic contracting and contract execution 
     through smart contracts;
       (vii) enable participants to collaborate in trustless and 
     disintermediated environments;
       (viii) enable the operations and governance of distributed 
     organizations; and
       (ix) create new ownership models for digital items.
       (B) In consideration of the potential risks of applications 
     of distributed ledger technologies under subparagraph (A), 
     the Director shall take into account, where applicable--
       (i) software vulnerabilities in distributed ledger 
     technologies and smart contracts;
       (ii) limited consumer literacy on engaging with 
     applications of distributed ledger technologies in a secure 
     way;
       (iii) the use of distributed ledger technologies in illicit 
     finance and their use in combating illicit finance;
       (iv) manipulative, deceptive, and fraudulent practices that 
     harm consumers engaging with applications of distributed 
     ledger technologies;
       (v) the implications of different consensus mechanisms for 
     digital ledgers and governance and accountability mechanisms 
     for applications of distributed ledger technologies, which 
     may include decentralized networks;
       (vi) foreign activities in the development and deployment 
     of distributed ledger technologies and their associated tools 
     and infrastructure; and
       (vii) environmental, sustainability, and economic impacts 
     of the computational resources required for distributed 
     ledger technologies.
       (3) Potential uses for distributed ledger technologies that 
     could improve the operations and delivery of services by 
     Federal agencies, taking into account the potential of 
     digital ledger technologies to--
       (A) improve the efficiency and effectiveness of privacy-
     preserving data sharing among Federal agencies and with 
     State, local, territorial, and Tribal governments;
       (B) promote government transparency by improving data 
     sharing with the public;
       (C) introduce or mitigate risks that may threaten 
     individuals' rights or access to Federal services; and
       (D) automate and modernize processes for assessing and 
     ensuring regulatory compliance.
       (4) Ways to support public and private sector dialogue on 
     areas of research that could enhance the efficiency, 
     scalability, interoperability, security, and privacy of 
     applications using distributed ledger technologies.
       (5) The need for increased coordination of the public and 
     private sectors on the development of voluntary standards, 
     including those regarding security, smart contracts, 
     cryptographic protocols, virtual routing and forwarding, 
     interoperability, zero-knowledge proofs, and privacy, for 
     distributed ledger technologies and their applications.
       (6) Applications of distributed ledger technologies that 
     could positively benefit society but that receive relatively 
     little private sector investment.
       (7) The United States position in global leadership and 
     competitiveness across research, development, and deployment 
     of distributed ledger technologies.
       (b) Consultation.--
       (1) In general.--In carrying out the Director's duties 
     under this section, the Director shall consult with the 
     following:
       (A) Private industry.
       (B) Institutions of higher education.
       (C) Nonprofit organizations, including foundations 
     dedicated to supporting distributed ledger technologies and 
     their applications.
       (D) State governments.

[[Page S5574]]

       (E) Such other persons as the Director considers 
     appropriate.
       (2) Representation.--The Director shall ensure 
     consultations with the following:
       (A) Rural and urban stakeholders from across the Nation.
       (B) Small, medium, and large businesses.
       (C) Subject matter experts representing multiple industrial 
     sectors.
       (c) Coordination.--In carrying out this section, the 
     Director shall, for purposes of avoiding duplication of 
     activities, consult, cooperate, and coordinate with the 
     programs and policies of other relevant Federal agencies, 
     including the interagency process outlined in section 3 of 
     Executive Order 14067 (87 Fed. Reg. 14143; relating ensuring 
     responsible development of digital assets).
       (d) National Strategy.--Not later than 1 year after the 
     date of enactment of this Act, the Director shall submit to 
     the relevant congressional committees and the President a 
     national strategy that includes the following:
       (1) Priorities for the research and development of 
     distributed ledger technologies and their applications.
       (2) Plans to support public and private sector investment 
     and partnerships in research and technology development for 
     societally beneficial applications of distributed ledger 
     technologies.
       (3) Plans to mitigate the risks of distributed ledger 
     technologies and their applications.
       (4) An identification of additional resources, 
     administrative action, or legislative action recommended to 
     assist with the implementation of such strategy.
       (e) Research and Development Funding.--The Director shall, 
     as the Director considers necessary, consult with the 
     Director of the Office of Management and Budget and with the 
     heads of such other elements of the Executive Office of the 
     President as the Director considers appropriate, to ensure 
     that the recommendations and priorities with respect to 
     research and development funding, as expressed in the 
     national strategy developed under this section, are 
     incorporated in the development of annual budget requests for 
     Federal research agencies.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director $1,000,000 to carry out 
     this section for fiscal years 2023 and 2024.

     SEC. __. DISTRIBUTED LEDGER TECHNOLOGY RESEARCH.

       (a) In General.--The Director of the National Science 
     Foundation shall make awards, on a competitive basis, to 
     institutions of higher education or nonprofit organizations 
     (or consortia of such institutions or organizations) to 
     support research, including socio-technical research, on 
     distributed ledger technologies and their applications, with 
     a particular focus on applications of public and 
     permissionless distributed ledgers, which may include 
     research on--
       (1) the implications on trust, transparency, privacy, 
     accountability, and energy consumption of different consensus 
     mechanisms and hardware choices, and approaches for 
     addressing these implications;
       (2) approaches for improving the security, privacy, 
     resiliency, interoperability, performance, and scalability of 
     distributed ledger technologies and their applications, which 
     may include decentralized networks;
       (3) approaches for identifying and addressing 
     vulnerabilities and improving the performance and expressive 
     power of smart contracts;
       (4) the implications of quantum computing on applications 
     of distributed ledger technologies, including long-term 
     protection of sensitive information (such as medical or 
     digital property), and techniques to address them;
       (5) game theory, mechanism design, and economics 
     underpinning and facilitating the operations and governance 
     of decentralized networks enabled by distributed ledger 
     technologies;
       (6) the social behaviors of participants in decentralized 
     networks enabled by distributed ledger technologies;
       (7) human-centric design approaches to make distributed 
     ledger technologies and their applications more usable and 
     accessible; and
       (8) use cases for distributed ledger technologies across 
     various industry sectors and government, including 
     applications pertaining to--
       (A) digital identity, including trusted identity and 
     identity management;
       (B) digital property rights;
       (C) delivery of public services;
       (D) supply chain transparency;
       (E) medical information management;
       (F) inclusive financial services;
       (G) community governance;
       (H) charitable giving;
       (I) public goods funding;
       (J) digital credentials;
       (K) regulatory compliance;
       (L) infrastructure resilience; and
       (M) peer-to-peer transactions.
       (b) Accelerating Innovation.--The Director of the National 
     Science Foundation shall consider supporting startups that 
     leverage distributed ledger technologies, have the potential 
     to positively benefit society, and have the potential for 
     commercial viability, through programs like the Small 
     Business Innovation Research and Small Business Technology 
     Transfer programs.
       (c) Consideration of National Distributed Ledger Technology 
     Research and Development Strategy.--In making awards under 
     subsection (a), the Director of the National Science 
     Foundation shall take into account the national strategy, as 
     described in section __(d).
       (d) Fundamental Research.--The Director of the National 
     Science Foundation shall continue to make awards supporting 
     fundamental research in areas related to distributed ledger 
     technologies and their applications, such as applied 
     cryptography and distributed systems.

     SEC. __. DISTRIBUTED LEDGER TECHNOLOGY APPLIED RESEARCH 
                   PROJECT.

       (a) Applied Research Project.--Subject to the availability 
     of appropriations, the Director of the National Institute of 
     Standards and Technology, shall carry out an applied research 
     project to study and demonstrate the potential benefits and 
     unique capabilities of distributed ledger technologies.
       (b) Activities.--In carrying out the applied research 
     project, the Director of the National Institute of Standards 
     and Technology shall--
       (1) identify potential applications of distributed ledger 
     technologies, including those that could benefit activities 
     at the Department of Commerce or at other Federal agencies, 
     considering applications that could--
       (A) improve the privacy and interoperability of digital 
     identity and access management solutions;
       (B) increase the integrity and transparency of supply 
     chains through the secure and limited sharing of relevant 
     supplier information;
       (C) facilitate increased interoperability across healthcare 
     information systems and consumer control over the movement of 
     their medical data; or
       (D) be of benefit to the public or private sectors, as 
     determined by the Director in consultation with relevant 
     stakeholders;
       (2) solicit and provide the opportunity for public comment 
     relevant to potential projects;
       (3) consider, in the selection of a project, whether the 
     project addresses a pressing need not already addressed by 
     another organization or Federal agency;
       (4) establish plans to mitigate potential risks, for 
     example those to privacy, of potential projects;
       (5) produce an example solution leveraging distributed 
     ledger technologies for 1 of the applications identified in 
     paragraph (1);
       (6) hold a competitive process to select private sector 
     partners, if they are engaged, to support the implementation 
     of the example solution;
       (7) consider hosting the project at the National 
     Cybersecurity Center of Excellence; and
       (8) ensure that cybersecurity best practices consistent 
     with the Cybersecurity Framework of the National Institute of 
     Standards and Technology are demonstrated in the project.
       (c) Briefings to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Director of the National 
     Institute of Standards and Technology shall offer a briefing 
     to the relevant congressional committees on the progress and 
     current findings from the project under this section.
       (d) Public Report.--Not later than 12 months after the 
     completion of the project under this section, the Director of 
     the National Institute of Standards and Technology shall make 
     public a report on the results and findings from the project.
                                 ______
                                 
  SA 6036. 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 B of title IX, add the following:

     SEC. 916. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.

       Section 8062(a) of title 10, United States Code, is 
     amended--
       (1) in the second sentence, by striking ``primarily'' and 
     inserting ``for the peacetime promotion of the national 
     security interests and prosperity of the United States and''; 
     and
       (2) in the third sentence, by striking ``for the effective 
     prosecution of war'' and inserting ``for the duties described 
     in the preceding sentence''.
                                 ______
                                 
  SA 6037. 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 G of title X, add the following:

[[Page S5575]]

  


     SEC. 1077. ENHANCED COLLABORATION BETWEEN DEPARTMENT OF 
                   DEFENSE AND HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS 
                   OF HIGHER EDUCATION.

       (a) Partnerships Program.--
       (1) Plan.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a plan for a program 
     to establish partnerships between historically black colleges 
     and universities (HBCUs) and minority-serving institutions of 
     higher education (MSIs) and defense laboratories, Federal 
     defense agencies and organizations, the defense industry, 
     university affiliated research centers, federally funded 
     research and development centers, and other institutions of 
     higher education in research, development, testing, and 
     evaluation in areas important to the national security 
     functions of the Department of Defense.
       (2) Implementation.--The Secretary of Defense shall 
     implement the program described in paragraph (1) by not later 
     than July 1, 2023.
       (b) HBCU/MSI Sponsored Programs Shared Services Center.--
     Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a plan to establish an HBCU/
     MSI Sponsored Programs Shared Services Center (SPSSC) to 
     provide Federal research and contract pursuit, capture, and 
     administration support to covered institutions. The SPSSC 
     shall be formed and managed by a commercial or academic 
     entity, or a consortium that includes commercial and academic 
     entities. The plans shall include a means to have the SPSSC 
     in operation by not later than July 1, 2023.
                                 ______
                                 
  SA 6038. 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 G of title X, add the following:

     SEC. 1077. NATIONAL FLAGSHIP LANGUAGE INITIATIVE GRANT 
                   PROGRAM.

       Section 811(a) of the David L. Boren National Security 
     Education Act of 1991 (50 U.S.C. 1911(a)) is amended by 
     striking ``beginning with fiscal year 2020, $16,000,000'' and 
     inserting ``beginning with fiscal year 2023, $28,000,000''.
                                 ______
                                 
  SA 6039. Mr. WICKER (for himself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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 XXVIII, add the 
     following:

     SEC. 2842. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.

       (a) Conveyance Authorized.--The Secretary of the Army (in 
     this section referred to as the ``Secretary'') may convey to 
     the City of Starkville, Mississippi (in this section referred 
     to as the ``City''), all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     improvements thereon, located at 343 Highway 12, Starkville, 
     Mississippi 39759, to be used for economic development 
     purposes.
       (b) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the property conveyed under subsection (a) is not being 
     used in accordance with the purpose of the conveyance 
     specified in such subsection, all right, title, and interest 
     in and to the property, including any improvements thereto, 
     shall, at the option of the Secretary, revert to and become 
     the property of the United States, and the United States 
     shall have the right of immediate entry onto such property.
       (2) Determination.--A determination by the Secretary under 
     paragraph (1) shall be made on the record after an 
     opportunity for a hearing.
       (c) Consideration.--
       (1) In general.--As consideration for the conveyance of 
     property under subsection (a), the City shall pay to the 
     United States an amount equal to the fair market value of the 
     property to be conveyed.
       (2) Determination of fair market value.--The Secretary 
     shall determine the fair market value of the property to be 
     conveyed under subsection (a) using an independent appraisal 
     based on the highest and best use of the property.
       (3) Treatment of consideration received.--Consideration 
     received under paragraph (1) shall be deposited in the 
     special account in the Treasury established under 
     subparagraph (A) of section 572(b)(5) of title 40, United 
     States Code, and shall be available in accordance with 
     subparagraph (B) of such section.
       (d) Payment of Costs of Conveyance.--
       (1) Payment.--
       (A) In general.--The Secretary may require the City to 
     cover all costs (except costs for environmental remediation 
     of the property) to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs for environmental documentation, and any 
     other administrative costs related to the conveyance.
       (B) Refund.--If amounts are collected from the City under 
     subparagraph (A) in advance of the Secretary incurring the 
     actual costs, and the amount collected exceeds the costs 
     actually incurred by the Secretary to carry out the 
     conveyance under subsection (a), the Secretary shall refund 
     the excess amount to the City.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance, or to an appropriate fund or account currently 
     available to the Secretary for the purposes for which the 
     costs were paid. Amounts so credited shall be merged with 
     amounts in such fund or account and shall be available for 
     the same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (e) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 6040. Mr. WICKER (for himself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. PROHIBITION ON DIVESTITURE OF T-1A TRAINER 
                   AIRCRAFT.

       The Secretary of the Air Force may not divest any T-1A 
     trainer aircraft until the Secretary--
       (1) has implemented undergraduate pilot training 2.5 fleet-
     wide; and
       (2) submits to Congress the date on which the T-7A aircraft 
     will achieve full operational capability.
                                 ______
                                 
  SA 6041. 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 I, add the following:

     SEC. 131. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS 
                   SHIPBUILDING PROGRAMS.

       (a) Contract Authority.--
       (1) Procurement authorized.--The Secretary of the Navy may 
     enter into one or more contracts for the procurement of up to 
     five covered ships.
       (2) Procurement in conjunction with existing contracts.--
     The ships authorized to be procured under paragraph (1) may 
     be procured as additions to existing contracts covering such 
     programs.
       (b) Certification Required.--A contract may not be entered 
     into under subsection (a) unless the Secretary of the Navy 
     certifies to the congressional defense committees, in 
     writing, not later than 30 days before entry into the 
     contract, each of the following, which shall be prepared by 
     the milestone decision authority for such programs:
       (1) The use of such a contract is consistent with the 
     Commandant of the Marine Corp's projected force structure 
     requirements for amphibious ships.
       (2) The use of such a contract will result in significant 
     savings compared to the total anticipated costs of carrying 
     out the program through annual contracts. In certifying cost 
     savings under the preceding sentence, the Secretary shall 
     include a written explanation of--

[[Page S5576]]

       (A) the estimated end cost and appropriated funds by fiscal 
     year, by hull, without the authority provided in subsection 
     (a);
       (B) the estimated end cost and appropriated funds by fiscal 
     year, by hull, with the authority provided in subsection (a);
       (C) the estimated cost savings or increase by fiscal year, 
     by hull, with the authority provided in subsection (a);
       (D) the discrete actions that will accomplish such cost 
     savings or avoidance; and
       (E) the contractual actions that will ensure the estimated 
     cost savings are realized.
       (3) There is a reasonable expectation that throughout the 
     contemplated contract period the Secretary of the Navy will 
     request funding for the contract at the level required to 
     avoid contract cancellation.
       (4) There is a stable design for the property to be 
     acquired and the technical risks associated with such 
     property are not excessive.
       (5) The estimates of both the cost of the contract and the 
     anticipated cost avoidance through the use of a contract 
     authorized under subsection (a) are realistic.
       (6) The use of such a contract will promote the national 
     security of the United States.
       (7) During the fiscal year in which such contract is to be 
     awarded, sufficient funds will be available to perform the 
     contract in such fiscal year.
       (c) Authority for Advance Procurement.--The Secretary of 
     the Navy may enter into one or more contracts for advance 
     procurement associated with a vessel or vessels for which 
     authorization to enter into a contract is provided under 
     subsection (a), and for systems and subsystems associated 
     with such vessels in economic order quantities when cost 
     savings are achievable.
       (d) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year is subject to the availability of 
     appropriations for that purpose for such fiscal year.
       (e) Definitions.--In this section--
       (1) the term ``covered ship'' means a San Antonio-class or 
     America-class ship; and
       (2) the term ``milestone decision authority'' has the 
     meaning given the term in section 2366a(d) of title 10, 
     United States Code.
                                 ______
                                 
  SA 6042. Mr. TOOMEY (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. RESPONSIBILITY OF SECRETARY OF DEFENSE FOR 
                   INVESTIGATIONS UNDER SECTION 232 OF THE TRADE 
                   EXPANSION ACT OF 1962.

       (a) In General.--Section 232(b) of the Trade Expansion Act 
     of 1962 (19 U.S.C. 1862(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``the Secretary of 
     Commerce (hereafter in the section referred to as the 
     `Secretary')'' and inserting ``the Secretary of Defense''; 
     and
       (B) in subparagraph (B)--
       (i) by striking ``The Secretary'' and inserting ``The 
     Secretary of Defense''; and
       (ii) by striking ``the Secretary of Defense'' and inserting 
     ``the Secretary of Commerce'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``the 
     Secretary'' and inserting ``the Secretary of Defense''; and
       (ii) in clause (i), by striking ``the Secretary of 
     Defense'' and inserting ``the Secretary of Commerce''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) Upon the request of the Secretary of Defense, the 
     Secretary of Commerce shall provide to the Secretary of 
     Defense an assessment of the quantity of imports of any 
     article that is the subject of an investigation conducted 
     under this subsection and the circumstances under which the 
     article is imported.'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the first sentence, by striking ``the Secretary 
     shall submit'' and all that follows through ``recommendations 
     of the Secretary'' and inserting ``the Secretary of Defense 
     and the Secretary of Commerce shall jointly submit to the 
     President and Congress a report on the findings of the 
     investigation and, based on such findings, the 
     recommendations of the Secretary of Commerce''; and
       (ii) in the second sentence--

       (I) by striking ``Secretary finds'' and inserting 
     ``Secretaries find''; and
       (II) by striking ``Secretary shall'' and inserting 
     ``Secretaries shall''; and

       (B) in subparagraph (B), by striking ``by the Secretary''; 
     and
       (4) in paragraph (4), by striking ``Secretary'' and 
     inserting ``Secretary of Defense''.
       (b) Conforming Amendments.--Section 232 of the Trade 
     Expansion Act of 1962 (19 U.S.C. 1862) is amended--
       (1) in subsection (c)(1)(A)--
       (A) by striking ``in which the Secretary'' and inserting 
     ``that''; and
       (B) in clause (i), by striking ``of the Secretary'';
       (2) in the first subsection (d), by striking ``the 
     Secretary and the President'' each place it appears and 
     inserting ``the Secretary of Defense, the Secretary of 
     Commerce, and the President'';
       (3) by redesignating the second subsection (d) as 
     subsection (e); and
       (4) in paragraph (1) of subsection (e), as redesignated by 
     paragraph (2), by striking ``the Secretary'' and inserting 
     ``the Secretary of Defense''.
                                 ______
                                 
  SA 6043. Mrs. FISCHER submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. __. MODIFICATION OF PILOT PROGRAM ON ENHANCED PERSONNEL 
                   MANAGEMENT SYSTEM FOR CYBERSECURIY AND LEGAL 
                   PROFESSIONALS IN THE DEPARTMENT OF DEFENSE.

       (a) In General.--Section 1110 of the National Defense 
     Authorization Act for Fiscal Year 2018 (Public Law 115-91; 
     131 Stat. 1631; 10 U.S.C. 1580 note prec.) is amended--
       (1) in the section heading, by striking ``cybersecurity and 
     legal professionals'' and inserting ``covered employees'';
       (2) in subsection (a), by striking ``cybersecurity and 
     legal professionals'' and inserting ``covered employees'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Cybersecurity 
     and Legal Professionals'' and inserting ``Covered 
     Employees''; and
       (B) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) In general.--The covered employees described in this 
     subsection are civilian employees in the Department of 
     Defense permanently assigned to a combatant command 
     established under section 161 of this title, whose primary 
     duties involve--
       ``(A) oversight or development of operational plans, 
     nuclear activities, or space assets; and
       ``(B) a requirement to maintain a top secret security 
     clearance.'';
       (4) in subsection (c), by striking ``cybersecurity and 
     legal professionals'' and inserting ``covered employees'';
       (5) in subsection (d)(1), by striking ``cybersecurity or 
     legal professional'' and inserting ``covered employee'';
       (6) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by striking ``cybersecurity or legal 
     professionals'' and inserting ``covered employees'';
       (7) in subsection (f)--
       (A) in paragraph (1), by striking ``cybersecurity or legal 
     professionals'' and inserting ``covered employees'';
       (B) in paragraph (3), by striking ``cybersecurity or legal 
     professionals'' and inserting ``covered employees''; and
       (C) in paragraph (4)--
       (i) by striking ``cybersecurity or legal professionals'' 
     and inserting ``covered employees''; and
       (ii) by striking ``cybersecurity and legal professionals'' 
     and inserting ``employees'';
       (8) in subsection (g)--
       (A) in paragraph (1), by striking ``cybersecurity or legal 
     professional'' and inserting ``covered employee''; and
       (B) in paragraph (2)--
       (i) by striking ``cybersecurity or legal professional'' and 
     inserting ``covered employee''; and
       (ii) by striking ``as a cybersecurity or legal 
     professional.'' and inserting a period;
       (9) in subsection (i), by striking ``individuals serving in 
     with the Department of Defense as cybersecurity and legal 
     professionals'' and inserting ``covered employees'';
       (10) by striking subsections (j) and (k) and inserting the 
     following new subsections (j) and (k):
       ``(j) Policy.--The Secretary of Defense shall administer 
     the pilot program under policies prescribed by the Secretary 
     for purposes of the pilot program.
       ``(k) Termination.--The authority of the Secretary of 
     Defense to appoint individuals for service with the 
     Department of Defense as covered employees under the pilot 
     program shall expire on December 31, 2029.''; and
       (11) by striking subsections (l) and (m) and redesignating 
     subsection (n) and subsection (l).
       (b) Clerical Amendment.--The table of contents in section 
     2(b) of such Act (Public Law 115-91; 131 Stat. 1283) is 
     amended by striking the item relating to section 1110 and 
     inserting the following new item:

``Sec. 1110. Pilot program on enhanced personnel management system for 
              covered employees in the Department of Defense.''.
                                 ______
                                 
  SA 6044. Mrs. FISCHER submitted an amendment intended to be proposed 
to

[[Page S5577]]

amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. REPORT ON INDUSTRIAL BASE CAPACITY TO SUPPORT 
                   PLANNED OVERHEAD PERSISTENT INFRARED ENTERPRISE 
                   ARCHITECTURE PROGRAMS.

       (a) In General.--Not later than 180 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 assessing the industrial base 
     capacity to support planned overhead persistent infrared 
     enterprise architecture programs, including--
       (1) Next Generation OPIR Block 0; and
       (2) Resilient Missile Warning Missile Tracking.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 6045. Ms. WARREN (for herself, Mr. Daines, Ms. Collins, 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 V, add the following:

     SEC. 5___. SENSE OF CONGRESS REGARDING WOMEN WHO SERVED AS 
                   CADET NURSES DURING WORLD WAR II.

       (a) Findings.--Congress makes the following findings:
       (1) In June of 1943, Congress enacted the Bolton Act, 
     establishing the United States Cadet Nurse Corps as a 
     uniformed service of the Public Health Administration. 
     Through the Corps, women received free, expedited nursing 
     education in exchange for ``service in essential nursing for 
     the duration of the war''.
       (2) During World War II, the United States faced a severe 
     shortage of qualified nurses, threatening the ability of the 
     United States to meet domestic and military medical needs.
       (3) In total, 124,065 women graduated from training under 
     the Cadet Nurse program, going on to serve in military 
     hospitals, Veterans Administration hospitals, Marine 
     hospitals, private hospitals, public health agencies, and 
     public hospitals until the program ended in 1948.
       (4) In 1944, the Federal Security Agency identified 
     ``national recognition for rendering a vital war service'' as 
     a privilege of service in the Corps.
       (5) By 1945, Cadet Nurses accounted for 80 percent of the 
     domestic nursing workforce.
       (6) The Cadet Nurse Corps has been credited with preventing 
     the collapse of the domestic nursing workforce.
       (b) Sense of Congress.--It is the sense of Congress that 
     women who served in the Cadet Nurse Corps honorably stepped 
     up for their country during its time of need in World War II, 
     significantly contributing to the war effort and the safety 
     and security of the United States.
       (c) Expression of Gratitude.--Congress hereby expresses 
     deep gratitude for the women who answered the call to duty 
     and served in the Cadet Nurses Corp.
                                 ______
                                 
  SA 6046. 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 V, add the following:

     SEC. 589. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT 
                   WOUNDED KNEE CREEK ON DECEMBER 29, 1890.

       (a) Short Title.--This section may be cited as the ``Remove 
     the Stain Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The Medal of Honor is the highest military award of the 
     United States.
       (2) Congress found that to earn the Medal of Honor ``the 
     deed of the person . . . must be so outstanding that it 
     clearly distinguishes his gallantry beyond the call of duty 
     from lesser forms of bravery''.
       (3) The actions of Medal of Honor recipients inspire 
     bravery in those currently serving in the Armed Forces and 
     those who will come to serve in the future.
       (4) Those listed on the Medal of Honor Roll have come to 
     exemplify the best traits of members of the Armed Forces, a 
     long and proud lineage of those who went beyond the call of 
     service to the United States of America.
       (5) To date the Medal of Honor has been awarded only 3,522 
     times, including only 145 times for the Korean War, 126 times 
     in World War I, 23 times during the Global War on Terror, and 
     20 times for the massacre at Wounded Knee.
       (6) The Medal of Honor is awarded in the name of Congress.
       (7) As found in Senate Concurring Resolution 153 of the 
     101st Congress, on December 29, 1890 the 7th Cavalry of the 
     United States engaged a tribal community ``resulting in the 
     tragic death and injury of approximately 350-375 Indian men, 
     women, and children'' led by Lakota Chief Spotted Elk of the 
     Miniconjou band at ``Cankpe' Opi Wakpa'' or ``Wounded Knee 
     Creek''.
       (8) This engagement became known as the ``Wounded Knee 
     Massacre'', and took place between unarmed Native Americans 
     and soldiers, heavily armed with standard issue army rifles 
     as well as four ``Hotchkiss guns'' with five 37 mm barrels 
     capable of firing 43 rounds per minute.
       (9) Nearly two-thirds of the Native Americans killed during 
     the Massacre were unarmed women and children who were 
     participating in a ceremony to restore their traditional 
     homelands prior to the arrival of European settlers.
       (10) Poor tactical emplacement of the soldiers meant that 
     most of the casualties suffered by the United States troops 
     were inflicted by friendly fire.
       (11) On January 1st, 1891, Major General Nelson A. Miles, 
     Commander of the Division of Missouri, telegraphed Major 
     General John M. Schofield, Commander-in-Chief of the Army 
     notifying him that ``[I]t is stated that the disposition of 
     four hundred soldiers and four pieces of artillery was 
     fatally defective and large number of soldiers were killed 
     and wounded by the fire from their own ranks and a very large 
     number of women and children were killed in addition to the 
     Indian men''.
       (12) The United States awarded 20 Medals of Honor to 
     soldiers of the U.S. 7th Cavalry following their 
     participation in the Wounded Knee Massacre.
       (13) In 2001, the Cheyenne River Sioux Tribe, a member 
     Tribe of the Great Sioux Nation, upon information provided by 
     Lakota elders and by veterans, passed Tribal Council 
     Resolution No. 132-01, requesting that the Federal Government 
     revoke the Medals of Honor from the soldiers of the United 
     States Army, 7th Cavalry issued following the massacre of 
     unarmed men, women, children, and elderly of the Great Sioux 
     Nation on December 29, 1890, on Tribal Lands near Wounded 
     Knee Creek.
       (14) The National Congress of American Indians requested in 
     a 2007 Resolution that the Congress ``renounce the issuance 
     of said medals, and/or to proclaim that the medals are null 
     and void, given the atrocities committed upon unarmed men, 
     women, children and elderly of the Great Sioux Nation''.
       (15) General Miles contemporaneously stated that a 
     ``[w]holesale massacre occurred and I have never heard of a 
     more brutal, cold-blooded massacre than that at Wounded 
     Knee''.
       (16) Allowing any Medal of Honor, the United States highest 
     and most prestigious military decoration, to recognize a 
     member of the Armed Forces for distinguished service for 
     participating in the massacre of hundreds of unarmed Native 
     Americans is a disservice to the integrity of the United 
     States and its citizens, and impinges on the integrity of the 
     award and those who have earned the Medal since.
       (c) Rescission of Medals of Honor Awarded for Acts at 
     Wounded Knee Creek on December 29, 1890.--
       (1) In general.--Each Medal of Honor awarded for acts at 
     Wounded Knee Creek, Lakota Pine Ridge Indian Reservation, 
     South Dakota, on December 29, 1890, is rescinded.
       (2) Medal of honor roll.--The Secretary concerned shall 
     remove the name of each individual awarded a Medal of Honor 
     for acts described in paragraph (1) from the Army, Navy, Air 
     Force, and Coast Guard Medal of Honor Roll maintained under 
     section 1134a of title 10, United States Code.
       (3) Return of medal not required.--No person may be 
     required to return to the Federal Government a Medal of Honor 
     rescinded under paragraph (1).
       (4) No denial of benefits.--This section shall not be 
     construed to deny any individual any benefit from the Federal 
     Government.
                                 ______
                                 
  SA 6047. 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:


[[Page S5578]]


  

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

     SEC. _____. DEPARTMENT OF DEFENSE REVIEW OF PROSPECTIVE 
                   COVERED TRANSACTIONS.

       (a) In General.--
       (1) Department notification.--The parties to a covered 
     transaction shall simultaneously file the notification under 
     section 7A of the Clayton Act (15 U.S.C. 18a) with the 
     Department.
       (2) Department assessment.--For each covered transaction, 
     the Department shall--
       (A) assess whether the transaction is likely to harm the 
     public interest; and
       (B) assess whether any divestiture or other structural 
     remedy would likely benefit the public interest, and if so, 
     describe the recommended structural remedy.
       (3) Deadline.--The Department shall determine whether a 
     covered transaction is likely to harm the public interest not 
     later than the end of the waiting period under section 7A of 
     the Clayton Act (15 U.S.C. 18a).
       (4) Additional documentation.--The parties to a covered 
     transaction shall simultaneously provide to the Department 
     any additional documentation or information submitted to the 
     Department of Justice or the Federal Trade Commission during 
     the waiting period under section 7A of the Clayton Act (15 
     U.S.C. 18a).
       (5) Compulsory process.--The Department may use compulsory 
     process, including issuing subpoenas or civil investigative 
     demands, in order to assess the potential impacts of a 
     covered transaction.
       (6) Reporting.--All findings, assessments, and 
     recommendations of the Department described in this 
     subsection shall be reported to the Department of Justice or 
     the Federal Trade Commission, as applicable, and may be 
     reported in the Hart-Scott-Rodino annual reports.
       (b) Standards Regarding Harm to the Public Interest.--
       (1) In general.--Harms to the public interest described in 
     this section include harms to competition, national security, 
     sustainment of the industrial and technological base, 
     innovation, access to critical technologies, the workforce, 
     or talent management in the industrial base.
       (2) Determination.--Notwithstanding any other harms to the 
     public interest that may be determined when evaluating a 
     covered transaction, the Department may determine that the 
     transaction is likely to harm the public interest if--
       (A) any party is a critical trading partner in the supply 
     chains or business ecosystems of the parties;
       (B) any party offers overlapping, competing, or 
     functionally equivalent services or products to those of the 
     major defense supplier;
       (C) the acquiring person would have a market share of 
     greater than 33 percent of any relevant market; or
       (D) the transaction would result in a Herfindahl-Hirschman 
     Index greater than 1,800 in any relevant market and increase 
     the Herfindahl-Hirschman Index by more than 100 in such 
     relevant market.
       (3) Additional considerations.--The Department may use 
     additional considerations when determining whether a covered 
     transaction is likely to harm the public interest.
       (c) Definitions.--In this section:
       (1) Covered transaction.--The term ``covered transaction'' 
     means an actual or proposed merger, acquisition, joint 
     venture, strategic alliance, or investment--
       (A) for which the parties are required to file a 
     notification under section 7A of the Clayton Act (15 U.S.C. 
     18a); and
       (B) any party to the transaction is, owns, or controls a 
     major defense supplier.
       (2) Critical trading partner.--The term ``critical trading 
     partner'' means a person that has the ability to restrict, 
     impede, or foreclose access to its inputs, customers, 
     partners, goods, services, technology, platform, facilities, 
     or tools in a way that harms the competitive process or 
     limits the ability of the customers or suppliers of the 
     person to carry out business effectively.
       (3) Department.--The term ``Department'' means the 
     Department of Defense.
       (4) Major defense supplier.--The term ``major defense 
     supplier'' means--
       (A) any current prime contractor of a major system as 
     defined in section 2302(5), of title 10, United States Code;
       (B) any current prime contractor, under a contract awarded 
     pursuant to section 2304(c)(3), title 10, United States Code, 
     for reasons described in subparagraph (A) of that section; or
       (C) any prime contractor or subcontractor that the 
     Secretary of Defense, the Deputy Secretary of Defense, the 
     Undersecretary of Defense for Acquisition and Sustainment, or 
     the Deputy Assistant Secretary of Defense for Manufacturing 
     and Industrial Base Policy designates as a main source of 
     supply, including any firm that supplies or could supply 
     goods or services directly or indirectly to the Department or 
     any company with technology potentially significant to 
     defense capabilities.
                                 ______
                                 
  SA 6048. Mr. REED (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 730. ESTABLISHMENT OF CORE CASUALTY RECEIVING FACILITIES 
                   TO IMPROVE MEDICAL FORCE GENERATION AND 
                   READINESS.

       (a) In General.--Pursuant to the requirements of this 
     section, the Secretary of Defense shall establish certain 
     military medical treatment facilities as Core Casualty 
     Receiving Facilities to maintain the medical capability and 
     capacity required to diagnose, treat, and rehabilitate large 
     volume combat casualties and to provide a medical response to 
     natural disasters, mass casualty events, or other national 
     emergencies as may be directed by the President or the 
     Secretary.
       (b) Location of Facilities.--The Secretary shall ensure 
     that facilities established under subsection (a) are 
     geographically located to facilitate aeromedical evacuation 
     of casualties from military operational theaters.
       (c) Timeline for Establishment.--
       (1) Designation.--Not later than October 1, 2024, the 
     Secretary shall designate four military medical treatment 
     facilities as Core Casualty Receiving Facilities to be 
     established under subsection (a).
       (2) Operational.--Not later than October 1, 2025, the 
     Secretary shall ensure that the facilities designated under 
     paragraph (1) are fully staffed and operational.
       (d) Personnel Assignment.--
       (1) In general.--The Secretary of Defense shall ensure that 
     the Secretaries of the military departments assign military 
     personnel to Core Casualty Receiving Facilities established 
     under subsection (a) at not less than 90 percent of the 
     staffing level needed to maintain operating bed capacities to 
     support operation planning requirements.
       (2) Use of civilian personnel.--The Secretary of Defense 
     may augment the staffing of military personnel at Core 
     Casualty Receiving Facilities established under subsection 
     (a) with civilian personnel to achieve the staffing 
     requirement under paragraph (1).
       (3) Executive staffing.--The Secretary shall staff each 
     Core Casualty Receiving Facility established under subsection 
     (a) with a civilian Chief Financial Officer and a civilian 
     Chief Operations Officer with experience in the management of 
     civilian hospital systems to ensure continuity in management 
     of the facility.
       (e) Funding.--The Secretary shall include with the 
     submission to Congress by the President of the annual budget 
     of the Department of Defense for a fiscal year under section 
     1105(a) of title 31, United States Code, a line item budget 
     request for each Core Casualty Receiving Facility established 
     under subsection (a) that includes the funding requirements 
     for the operation and maintenance of each such facility.
       (f) Definitions.--In this section:
       (1) Core casualty receiving facilities.--The term ``Core 
     Casualty Receiving Facilities'' means Role 4 medical 
     treatment facilities that serve as the medical hubs for 
     receipt of casualties that may result from combat, natural 
     disasters, mass casualty events, or other national 
     emergencies.
       (2) Role 4 medical treatment facilities.--The term ``Role 4 
     medical treatment facilities'' means facilities that provide 
     the full range of preventative, curative, acute, 
     convalescent, restorative, and rehabilitative care.
                                 ______
                                 
  SA 6049. Mr. REED (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:

        In title X, add at the end the following:

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

     SEC. 1081. ESTABLISHMENT OF COUNCIL ON MILITARY, NATIONAL, 
                   AND PUBLIC SERVICE.

       (a) Establishment.--
       (1) In general.--There is established in the Executive 
     Office of the President a Council on Military, National, and 
     Public Service (in this section referred to as the 
     ``Council'').
       (2) Functions.--The Council shall--
       (A) advise the President with respect to promoting and 
     expanding opportunities for military service, national 
     service, and public service for all people of the United 
     States;
       (B) coordinate policies and initiatives of the executive 
     branch to promote and expand opportunities for military 
     service, national service, and public service; and
       (C) coordinate policies and initiatives of the executive 
     branch to foster an increased sense of service and civic 
     responsibility among all people of the United States.
       (b) Composition.--
       (1) Director.--The President shall appoint an individual to 
     serve as the Assistant to the

[[Page S5579]]

     President for Military, National, and Public Service and the 
     Director of the Council, who shall serve at the pleasure of 
     the President. The Assistant to the President for Military, 
     National, and Public Service shall serve as the head of the 
     Council.
       (2) Membership.--In addition to the Director, the Council 
     shall be composed of such officers as the President may 
     designate.
       (3) Meetings.--The Council shall meet on a quarterly basis, 
     or more frequently as the Director of the Council may direct.
       (c) Responsibilities of the Council.--The Council shall--
       (1) assist and advise the President and the heads of 
     Executive agencies in the establishment of policies, goals, 
     objectives, and priorities to promote service and civic 
     responsibility among all people of the United States;
       (2) develop and recommend to the President and the heads of 
     Executive agencies policies of common interest to Executive 
     agencies for increasing the participation, and propensity of 
     people of the United States to participate, in military 
     service, national service, and public service in order to 
     address national security and other current and future needs 
     of the United States including policies for--
       (A) reevaluating benefits for the Federal public service 
     and national service programs in order to increase awareness 
     of and remove barriers to entry into such programs;
       (B) ensuring that the participation in and leadership of 
     the military, the Federal public service, and national 
     service programs reflects the diversity of the United States 
     including by race, gender, ethnicity, and disability status; 
     and
       (C) developing pathways to service for high school 
     graduates, college students, and recent college graduates;
       (3) serve as the interagency lead for identifying critical 
     skills to address national security and other needs of the 
     United States, with responsibility for coordinating 
     governmentwide efforts to address gaps in critical skills and 
     identifying methods to recruit and retain individuals 
     possessing such critical skills;
       (4) serve as a forum for Federal officials responsible for 
     military service, national service, and public service 
     programs to coordinate and develop interagency, cross-service 
     initiatives;
       (5) lead the effort of the Federal Government to develop 
     joint awareness and recruitment, retention, and marketing 
     initiatives involving military service, national service, and 
     public service, including the sharing of marketing and 
     recruiting research between and among service agencies;
       (6) consider approaches for assessing impacts of service on 
     the needs of the United States and individuals participating 
     in and benefitting from such service;
       (7) consult, as the Council considers advisable, with 
     representatives of non-Federal entities, including State, 
     local, and Tribal governments, State and local educational 
     agencies, State Commissions, institutions of higher 
     education, nonprofit organizations, philanthropic 
     organizations, and the private sector, in order to promote 
     and develop initiatives to foster and reward military 
     service, national service, and public service;
       (8) oversee the response to and implementation of, as 
     appropriate, the recommendations of the National Commission 
     on Military, National, and Public Service established under 
     section 553 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2132);
       (9) not later than 2 years after the date of enactment of 
     this Act, and quadrennially thereafter, prepare and submit to 
     the President and Congress a Quadrennial Military, National, 
     and Public Service Strategy, which shall set forth--
       (A) a review of programs and initiatives of the Federal 
     Government relating to the mandate of the Council;
       (B) notable initiatives by State, local, and Tribal 
     governments and by nongovernmental entities to increase 
     awareness of and participation in service programs;
       (C) current and foreseeable trends for service to address 
     the needs of the United States; and
       (D) a program for addressing any deficiencies identified by 
     the Council, together with recommendations for legislation;
       (10) not later than 4 years after the date of enactment of 
     this Act, and quadrennially thereafter, prepare and submit to 
     the President and Congress a Quadrennial Report on Cross-
     Service Participation on the basis of the activities carried 
     out under the strategy submitted under paragraph (9);
       (11) prepare, for inclusion in the annual budget submission 
     by the President to Congress under section 1105 of title 31, 
     United States Code, a detailed, separate analysis by budget 
     function, by agency, and by initiative area for the preceding 
     fiscal year, the current fiscal year, and the fiscal years 
     for which the budget is submitted, identifying the amounts of 
     gross and net appropriations or obligational authority and 
     outlays for initiatives, consistent with the priorities of 
     the President, under the Quadrennial Military, National, and 
     Public Service Strategy, with separate displays for mandatory 
     and discretionary amounts;
       (12) develop a joint national service messaging strategy 
     that incorporates domestic and international service that 
     both the Corporation for National and Community Service and 
     the Peace Corps would promote; and
       (13) perform such other functions as the President may 
     direct.
       (d) Responsibilities of the Director of the Council.--In 
     addition to duties relating to the responsibilities of the 
     Council described in subsection (c), the Director of the 
     Council shall--
       (1) coordinate with the Assistant to the President for 
     National Security Affairs for any matter that may affect 
     national security;
       (2) at the discretion of the President, serve as 
     spokesperson of the executive branch on issues related to 
     military service, national service, and public service;
       (3) upon request by a committee or subcommittee of the 
     Senate or of the House of Representatives, appear before any 
     such committee or subcommittee to represent the position of 
     the executive branch on matters within the scope of the 
     responsibilities of the Council; and
       (4) perform such other functions as the President may 
     direct.
       (e) Organizational Matters.--
       (1) Assistant to the president for military, national, and 
     public service.--The Assistant to the President for Military, 
     National, and Public Service shall be compensated at the rate 
     of basic pay prescribed for level II of the Executive 
     Schedule under section 5313 of title 5, United States Code.
       (2) Staff.--The Council may employ officers and employees 
     as necessary to carry out of the functions of the Council. 
     Such officers and employees of the Council shall be 
     compensated at a rate not more than the rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       (3) Experts and consultants.--The Council may, as necessary 
     to carry out of the functions of the Council, procure 
     temporary and intermittent services of experts and 
     consultants under section 3109(b) of title 5, United States 
     Code, at rates for individuals that do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of that 
     title.
       (4) Advisory committees.--The Council may, in carrying out 
     the functions of the Council, direct a member of the Council 
     to establish advisory committees composed of representatives 
     from outside the Federal Government.
       (5) Authority to accept gifts.--The Council may accept, 
     use, and dispose of gifts or donations of services, goods, 
     and property, except for cash, from non-Federal entities for 
     the purposes of aiding and facilitating the work of the 
     Council.
       (6) Authority to accept voluntary services.--
     Notwithstanding section 1342 of title 31, United States Code, 
     the Council may accept and employ voluntary and uncompensated 
     services in furtherance of the purposes of the Council.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (g) Conforming Amendment.--Section 1105(a) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(40) a separate statement of the amount of appropriations 
     requested for the Council on Military, National, and Public 
     Service in the Executive Office of the President.
       ``(41) a detailed, separate analysis by budget function, by 
     agency, and by initiative area for the preceding fiscal year, 
     the current fiscal year, and the fiscal years for which the 
     budget is submitted, identifying the amounts of gross and net 
     appropriations or obligational authority and outlays for 
     initiatives, consistent with the priorities of the President, 
     under the Quadrennial Military, National, and Public Service 
     Strategy required by section 1081(c)(9) of the National 
     Defense Authorization Act for Fiscal Year 2023, with separate 
     displays for mandatory and discretionary amounts.''.

     SEC. 1082. INTERNET-BASED SERVICE PLATFORM.

       (a) Declaration of Policy.--It is the policy of the United 
     States, in promoting a culture of service in the United 
     States and meeting the recruiting needs for military service, 
     national service, and public service programs, to provide a 
     comprehensive, interactive, and integrated internet-based 
     platform to enable the people of the United States to learn 
     about and connect with service organizations and 
     opportunities and assist in the recruiting needs of service 
     organizations.
       (b) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Council on Military, National, and Public Service.
       (2) Member.--The term ``member'' means an individual who is 
     a member of the Service Platform under this section.
       (3) Service mission.--The term ``service mission'' means 
     the objectives of a service organization or a service 
     opportunity.
       (4) Service opportunity.--The term ``service opportunity'' 
     means any paid, volunteer, or other position with a service 
     organization.
       (5) Service organization.--The term ``service 
     organization'' means any military service, national service, 
     or public service organization that participates in the 
     Service Platform.
       (6) Service platform.--The term ``Service Platform'' means 
     the comprehensive, interactive, and integrated internet-based 
     platform established under this section.
       (7) Service type.--The term ``service type'' means the 
     period and form of service with a service organization, 
     including part-time, full-time, term limited, sabbatical, 
     temporary, episodic, or emergency options for paid, 
     volunteer, or stipend-based service.

[[Page S5580]]

       (8) State.--The term ``State'' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     and any other territory or possession of the United States.
       (9) Uniformed services.--The term ``uniformed services'' 
     has the meaning given such term in subsection (a)(5) of 
     section 101 of title 10, United States Code.
       (c) Establishment of the Service Platform.--The Director, 
     in coordination with the Director of the Office of Management 
     and Budget, shall establish, maintain, and promote the 
     Service Platform to serve as a centralized resource and 
     database for the people of the United States to learn about 
     and connect with organizations and opportunities related to 
     military service, national service, or public service and for 
     such organizations to identify people of the United States 
     with the skills necessary to address the needs of such 
     organizations.
       (d) Operation of Service Platform.--
       (1) Public accessibility.--The Director, in coordination 
     with the Director of the Office of Management and Budget, 
     shall determine, and make accessible to the public, 
     information about service organizations and service 
     opportunities, without any requirement that an individual 
     seeking such access become a member.
       (2) Members.--
       (A) In general.--Any individual meeting criteria 
     established by the Director by regulation may register as a 
     member under subparagraph (B).
       (B) Registration.--
       (i) In general.--An individual that registers under this 
     subparagraph as a member shall be entitled to access 
     information about service organizations and service 
     opportunities available through the Service Platform.
       (ii) Information and consent from individual.--An 
     individual meeting the criteria established under 
     subparagraph (A) and seeking to become a member--

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

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

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

       (3) Use of service platform.--
       (A) Additional information.--The Service Platform shall 
     enable a member to provide additional information to improve 
     the functionality of the Service Platform, as determined 
     relevant by the Director, including information regarding the 
     member's--
       (i) educational background;
       (ii) employment background;
       (iii) professional skills, training, licenses, and 
     certifications;
       (iv) service organization preferences;
       (v) service type preferences;
       (vi) service mission preferences; and
       (vii) geographic preferences.
       (B) Updates.--A member may, at any time, update the 
     personal and other information of the member available on the 
     Service Platform.
       (C) Renewal of consent regarding military service.--The 
     Director shall send to a member who consents to serve under 
     paragraph (2)(B)(ii)(V) an annual request to confirm the 
     continued consent to serve by the member.
       (4) Withdrawal of members.--A member may withdraw as a 
     member by submitting to the Director a request to withdraw. 
     Not later than 30 days after the date of such request to 
     withdraw, all records regarding such member shall be removed 
     from the Service Platform and any other data storage 
     locations the Director may use relating to the Service 
     Platform, notwithstanding any obligations under chapter 31 of 
     title 44, United States Code (commonly known as the ``Federal 
     Records Act of 1950'').
       (e) Service Organizations.--
       (1) Executive agencies and military departments.--All 
     Executive agencies and military departments shall participate 
     in the Service Platform as service organizations.
       (2) Non-federal service organizations.--State, local, and 
     Tribal government agencies, and nongovernmental organizations 
     that undertake national service programs, may participate in 
     the Service Platform, subject to subsection (h).
       (3) Information on service organizations.--Each service 
     organization participating in the Service Platform shall make 
     available on the Service Platform--
       (A) information sufficient for a member to identify and 
     understand the service opportunities and service mission of 
     such service organization;
       (B) information on the availability of service 
     opportunities by service type;
       (C) internet links to the hiring and recruiting websites of 
     such service organization; and
       (D) such additional information as the Director may 
     require.
       (4) Additional platforms not precluded.--Nothing in this 
     subsection shall prevent any service organization from 
     establishing or maintaining a separate internet-based system 
     or platform to recruit individuals for employment or for 
     volunteer or other service opportunities.
       (f) Minimum Design Requirements.--The Service Platform 
     shall--
       (1) provide the public with access to information on 
     service organizations and service opportunities through an 
     internet-based system that is user-friendly, interactive, 
     accessible, and fully functional through mobile applications 
     and other widely used communications media, without a 
     requirement that any person seeking such access register as a 
     member;
       (2) provide an individual with the ability to register as a 
     member in order to customize their experience in accordance 
     with subsection (d)(3)(A), including providing mechanisms 
     to--
       (A) connect such member with service organizations and 
     service opportunities that match the interests of the member; 
     and
       (B) ensure robust search capabilities to facilitate the 
     ability of the member to explore service organizations and 
     service opportunities;
       (3) include mechanisms to enable a service organization to 
     connect with members who have consented to be contacted and 
     meet the needs of such service organization;
       (4) incorporate, to the extent permitted by law and 
     regulation, the ability of a member to securely upload 
     information on education, employment, and skills related to 
     the service organizations and service opportunities from 
     internet-based professional, recruiting, and social media 
     systems, consistent with security requirements;
       (5) ensure compatibility with relevant information systems 
     of Executive agencies and military departments;
       (6) use state-of-the-art technology and analytical tools to 
     facilitate the efficacy of the Service Platform in connecting 
     members with service opportunities and service organizations; 
     and
       (7) retain all personal information in a manner that 
     protects the privacy of members in accordance with section 
     552a of title 5, United States Code, and other applicable 
     law, provide access to information relating to a member only 
     in accordance with the consent of the member or as required 
     by applicable law, and incorporate data security and control 
     policies that are adequate to ensure the confidentiality and 
     security of information provided and maintained on the 
     Service Platform.
       (g) Development of Service Platform Plan.--
       (1) Implementation plan.--Not later than 180 days after the 
     date of enactment of this Act, the Director, in coordination 
     with the Director of the Office of Management and Budget, 
     shall develop a detailed plan to implement the Service 
     Platform that complies with all the requirements of this 
     section.
       (2) Consultation required.--In developing the plan under 
     this subsection, the Director shall consult with the 
     Secretary of Defense, the Chief Executive Officer of the 
     Corporation for National and Community Service, the Director 
     of the Office of Personnel Management, the head of the United 
     States Digital Service and, as needed, the heads of other 
     Executive agencies. Such consultation may include seeking 
     assistance in the design, development, and creation of the 
     Service Platform.
       (3) Technical advice permitted.--
       (A) In general.--In developing the plan under this 
     subsection, the Director may--
       (i) seek and receive technical advice from experts outside 
     of the Federal Government; and
       (ii) form a committee of such experts to assist in the 
     design and development of the Service Platform.
       (B) Volunteer service.--Notwithstanding section 1342 of 
     title 31, United States Code, the Director may accept the 
     voluntary services of such experts under this paragraph.
       (C) Federal advisory committee act.--A committee of the 
     experts formed under this paragraph shall not be subject to 
     the Federal Advisory Committee Act (5 U.S.C. App.).
       (4) Information collection authorized.--
       (A) In general.--In developing the plan under this 
     subsection, the Director may collect information from the 
     public through focus groups, surveys, and other mechanisms.
       (B) Paperwork reduction act.--The requirements under 
     subchapter I of chapter 35 of title 44, United States Code 
     (commonly known as the ``Paperwork Reduction Act'') shall not 
     apply to activities authorized under this paragraph.
       (h) Regulations.--Not later than 12 months after the date 
     of enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations to carry out 
     this section including--
       (1) procedures that enable State, local, and Tribal 
     government agencies to participate in

[[Page S5581]]

     the Service Platform as service organizations;
       (2) procedures that enable nongovernmental organizations 
     that undertake national service programs to participate in 
     the Service Platform as service organizations; and
       (3) a timeline to implement the procedures described in 
     subparagraphs (A) and (B).
       (i) Reports to Congress.--Not later than 12 months after 
     the date of enactment of this Act and annually thereafter, 
     the Director, in coordination with the Director of the Office 
     of Management and Budget, shall provide a report to Congress 
     on the Service Platform. Such report shall include the 
     following:
       (1) Details on the status of implementation of the Service 
     Platform and plans for further development of the Service 
     Platform.
       (2) Participation rates of service organizations and 
     members.
       (3) The number of individuals visiting the Service 
     Platform, the number of service organizations participating 
     in the platform, and the number of service opportunities 
     available in the preceding 12-month period.
       (4) Information on any cybersecurity or privacy concerns.
       (5) The results of any surveys or studies undertaken to 
     increase the use and efficacy of the Service Platform.
       (6) Any additional information the Director or the 
     President considers appropriate.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director for each fiscal year such 
     funds as may be necessary to carry out this section.
       (k) Selective Service System.--Section 10 of the Military 
     Selective Service Act (50 U.S.C. 3809) is amended by adding 
     at the end the following:
       ``(i) Service Platform.--The Director of Selective Service 
     shall provide to all registrants, on the website of the 
     Selective Service System and in communications with 
     registrants relating to registration, information about the 
     Service Platform established under section 1082 of the 
     National Defense Authorization Act for Fiscal Year 2023. The 
     Director of Selective Service shall provide to each 
     registrant, at the time of registration, an option to 
     transfer to the Service Platform the information the 
     registrant has provided to the Selective Service System. The 
     Director of Selective Service shall consult with the Director 
     of the Council on Military, National, and Public Service to 
     ensure that information provided by the Selective Service 
     System is compatible with the information requirements of the 
     Service Platform.''.

     SEC. 1083. PILOT PROGRAM TO COORDINATE MILITARY, NATIONAL, 
                   AND PUBLIC SERVICE RECRUITMENT.

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

     SEC. 1084. JOINT MARKET RESEARCH AND RECRUITING PROGRAM TO 
                   ADVANCE MILITARY AND NATIONAL SERVICE.

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

     SEC. 1085. INFORMATION SHARING TO ADVANCE MILITARY AND 
                   NATIONAL SERVICE.

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

     SEC. 1086. TRANSITION OPPORTUNITIES FOR MILITARY 
                   SERVICEMEMBERS AND NATIONAL SERVICE 
                   PARTICIPANTS.

       (a) Employment Assistance.--Section 1143(c)(1) of title 10, 
     United States Code, is amended by inserting ``the Corporation 
     for National and Community Service,'' after ``State 
     employment agencies,''.
       (b) Employment Assistance, Job Training Assistance, and 
     Other Transitional Services: Department of Labor.--
       (1) In general.--Section 1144 of title 10, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``and the Secretary of 
     Veterans Affairs,'' and inserting ``the Secretary of Veterans 
     Affairs, and the Chief Executive Officer of the Corporation 
     for National and Community Service,'';
       (ii) in paragraph (2), by striking ``and the Secretary of 
     Veterans Affairs'' and inserting ``the Secretary of Veterans 
     Affairs, and the Chief Executive Officer of the Corporation 
     for National and Community Service''; and
       (iii) in paragraph (3), by inserting ``and the Chief 
     Executive Officer'' after ``The Secretaries'';
       (B) in subsection (b), by adding at the end the following:
       ``(11) Provide information on public service opportunities, 
     training on public service job recruiting, and the advantages 
     of careers with the Federal Government.'';
       (C) in subsection (c)(2)(A), by striking ``and the 
     Secretary of Veterans Affairs,'' and inserting ``, the 
     Secretary of Veterans Affairs, and the Chief Executive 
     Officer of the Corporation for National and Community 
     Service,'';
       (D) in subsection (d), in the matter preceding paragraph 
     (1), by inserting ``and the Chief Executive Officer of the 
     Corporation for National and Community Service'' after ``the 
     Secretaries''; and
       (E) by adding at the end the following new subsection:
       ``(g) Corporation for National and Community Service 
     Programs.--In establishing and carrying out a program under 
     this section, the Chief Executive Officer of the Corporation 
     for National and Community Service shall do the following:
       ``(1) Provide information concerning national service 
     opportunities, including--
       ``(A) opportunities to acquire and enhance technical skills 
     available through national service;
       ``(B) certifications and verifications of job skills and 
     experience available through national service;
       ``(C) support services and benefits available during terms 
     of national service; and
       ``(D) job analysis techniques, job search techniques, and 
     job interview techniques specific to approved national 
     service positions (as defined in section 101 of the National 
     and Community Service Act of 1990 (42 U.S.C. 12511)).
       ``(2) Inform members of the armed forces that the 
     Department of Defense and the Department of Homeland Security 
     are required, under section 1143(a) of this title, to provide 
     proper certification or verification of job skills and 
     experience acquired while on active duty that may have 
     application to service in programs of the Corporation for 
     National and Community Service.
       ``(3) Work with military and veterans' service 
     organizations and other appropriate organizations in 
     promoting and publicizing job fairs for such members.
       ``(4) Provide information about disability-related 
     employment and education protections.''.
       (2) Conforming and clerical amendments.--
       (A) Heading amendment.--The heading of section 1144 of such 
     title is amended to read as follows:

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

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

``1144. Employment assistance, job training assistance, and other 
              transitional services: Department of Labor and the 
              Corporation for National and Community Service.''.
       (c) Authorities and Duties of the Chief Executive 
     Officer.--Section 193A(b) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12651d(b)) is amended--

[[Page S5582]]

       (1) in paragraph (24), by striking ``and'' at the end;
       (2) in paragraph (25), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(26) ensure that individuals completing a partial or full 
     term of service in a program under subtitle C or E or part A 
     of title I of the Domestic Volunteer Service Act of 1973 (42 
     U.S.C. 4951 et seq.) receive information about military and 
     public service opportunities for which they may qualify or in 
     which they may be interested.''.

     SEC. 1087. JOINT REPORT TO CONGRESS ON INITIATIVES TO 
                   INTEGRATE MILITARY AND NATIONAL SERVICE.

       (a) Reporting Requirement.--Not later than 4 years after 
     the date of enactment of this Act and quadrennially 
     thereafter, the Director of the Council on Military, 
     National, and Public Service established under section 1081, 
     in coordination with the Secretary of Defense, the Chief 
     Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps, shall 
     submit to Congress a joint report on cross-service 
     recruitment, including recommendations for increasing joint 
     advertising and recruitment initiatives for the Armed Forces, 
     programs administered by the Corporation for National and 
     Community Service, and the Peace Corps.
       (b) Contents of Report.--Each report under subsection (a) 
     shall include the following:
       (1) The number of Peace Corps volunteers and participants 
     in national service programs administered by the Corporation 
     for National and Community Service, who previously served as 
     a member of the Armed Forces.
       (2) The number of members of the Armed Forces who 
     previously served in the Peace Corps or in a program 
     administered by the Corporation for National and Community 
     Service.
       (3) An assessment of existing (as of the date of the 
     reports submission) joint recruitment and advertising 
     initiatives undertaken by the Department of Defense, the 
     Peace Corps, or the Corporation for National and Community 
     Service.
       (4) An assessment of the feasibility and cost of expanding 
     such existing initiatives.
       (5) An assessment of ways to improve the ability of the 
     reporting agencies to recruit individuals from the other 
     reporting agencies.
       (c) Consultation.--The Director of the Council on Military, 
     National, and Public Service established under section 1081, 
     the Secretary of Defense, the Chief Executive Officer of the 
     Corporation for National and Community Service, and the 
     Director of the Peace Corps shall undertake studies of 
     recruiting efforts that are necessary to carry out the 
     provisions of this section. Such studies may be conducted 
     using any funds appropriated to those entities under Federal 
     law other than this subtitle.

     SEC. 1088. DEFINITIONS.

       In this subtitle:
       (1) Council on military, national, and public service.--The 
     term ``Council on Military, National, and Public Service'' 
     means the Council on Military, National, and Public Service 
     established under section 1081.
       (2) Executive agency.--The term ``Executive agency'' has 
     the meaning given that term in section 105 of title 5, United 
     States Code.
       (3) Military department.--The term ``military department'' 
     means each of the military departments listed in section 102 
     of title 5, United States Code.
       (4) Military service.--The term ``military service'' means 
     active service (as defined in subsection (d)(3) of section 
     101 of title 10, United States Code) or active status (as 
     defined in subsection (d)(4) of such section) in one of the 
     Armed Forces (as defined in subsection (a)(4) of such 
     section).
       (5) National service.--The term ``national service'' means 
     participation, other than military service or public service, 
     in a program that--
       (A) is designed to enhance the common good and meet the 
     needs of communities, the States, or the United States;
       (B) is funded or facilitated by--
       (i) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (ii) an institution of higher education as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); or
       (iii) the Federal Government or a State, Tribal, or local 
     government; and
       (C) is a program--
       (i) authorized in--

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

       (ii) determined to be another relevant program by the 
     Director of the Council on Military, National, and Public 
     Service.
       (6) Public service.--The term ``public service'' means 
     civilian employment in the Federal Government or a State, 
     Tribal, or local government.
       (7) Service.--The term ``service'' means a personal 
     commitment of time, energy, and talent to a mission that 
     contributes to the public good by protecting the Nation and 
     the citizens of the United States, strengthening communities, 
     States, or the United States, or promoting the general social 
     welfare.
       (8) State commission.--The term ``State Commission'' means 
     a State Commission on National and Community Service 
     maintained by a State pursuant to section 178 of the National 
     and Community Service Act of 1990 (42 U.S.C. 12638).
                                 ______
                                 
  SA 6050. Mr. REED (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel 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. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND 
                   OTHER MATTERS.

       (a) Temporary Authorizations for Covered Agreements Related 
     to Ukraine.--
       (1) Covered agreement defined.--In this subsection, the 
     term ``covered agreement'' includes a contract, subcontract, 
     transaction, or modification of a contract, subcontract, or 
     transaction awarded by the Department of Defense--
       (A) to build the stocks of critical munitions of the 
     Department;
       (B) to provide materiel and related services to foreign 
     allies and partners that have provided support to the 
     Government of Ukraine; and
       (C) to provide materiel and related services to the 
     Government of Ukraine.
       (2) Public interest.--
       (A) In general.--A covered agreement may be presumed to be 
     in the public interest for purposes of meeting the 
     requirements of subsection (a)(7) of section 3204 of title 
     10, United States Code.
       (B) Procedures.--Notwithstanding the provisions of 
     subsection (a)(7) of section 3204 of title 10, United States 
     Code, with respect to a covered agreement--
       (i) the Secretary of Defense may delegate the authority 
     under that subsection to an officer or employee who--

       (I) in the case of an officer or employee who is a member 
     of the Armed Forces, is serving in a grade at or above 
     brigadier general or rear admiral (lower half); or
       (II) in the case of a civilian officer or employee, is 
     serving in a position with a grade under the General Schedule 
     (or any other schedule for civilian officers or employees) 
     that is comparable to or higher than the grade of brigadier 
     general or rear admiral (lower half); and

       (ii) not later than 7 days before using the applicable 
     procedures under section 3204 of title 10, United States 
     Code, the Secretary, or a designee of the Secretary, shall 
     submit to the congressional defense committees a written 
     notification of the use of such procedures.
       (C) Documentation.--Consistent with paragraph (4)(C) of 
     subsection (e) of section 3204 of title 10, United States 
     Code, the documentation otherwise required by paragraph (1) 
     of such subsection is not required in the case of a covered 
     agreement permitted by subsection (a)(7) of such section.
       (3) Procurement authorities.--The special emergency 
     procurement authorities provided under subsections (b) and 
     (c) of section 1903 of title 41, United States Code, may be 
     used by the Department of Defense for a covered agreement.
       (4) Contract financing.--The Secretary may waive the 
     provisions of subsections (a) and (c) of section 3372 of 
     title 10, United States Code, for a covered agreement.
       (5) Technical data packages for large-caliber cannon.--The 
     requirements of section 7542 of title 10, United States Code, 
     do not apply to the transfer of technical data to an 
     international partner for the production of large-caliber 
     cannons produced for--
       (A) the replacement of defense articles from stocks of the 
     Department of Defense provided to the Government of Ukraine 
     or to foreign countries that have provided support to Ukraine 
     at the request of the United States, or
       (B) contracts awarded by the Department of Defense to 
     provide materiel directly to the Government of Ukraine.
       (6) Temporary exemption from certified cost and pricing 
     data requirements.--
       (A) In general.--The requirements under section 3702 of 
     title 10, United States Code, shall not apply to a covered 
     agreement awarded on a Fixed Price Incentive Firm Target 
     basis, where target price equals ceiling price, and the 
     Government Underrun Share ratio is 100 percent with a cap for 
     profit of 15 percent of target cost.
       (B) Use of exemption.--The following shall apply to an 
     exemption under subparagraph (A):
       (i) Awarded profit dollars shall be fixed, but the 
     contractor may ultimately realize a profit rate of higher 
     than 15 percent in relation to its final actual cost.
       (ii) The prices negotiated by the Federal Government shall 
     not exceed the most recent negotiated prices for the same 
     items while allowing for appropriate adjustments,

[[Page S5583]]

     including those for quantity differences or relevant, 
     applicable economic indices.
       (C) Application.--An exemption under subparagraph (A) shall 
     apply to subcontracts under prime contracts that are exempt 
     under this paragraph.
       (7) Termination of temporary authorizations.--The 
     provisions of this subsection shall terminate on September 
     30, 2024.
       (b) 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''.
       (c) Contract Authority.--
       (1) Procurement authorized.--In fiscal years 2023 and 2024, 
     the Secretary of Defense may enter into one or more contracts 
     for the procurement of up to--
       (A) 750,000 XM1128 and XM1123 (155mm rounds);
       (B) 30,000 AGM-114 Hellfire;
       (C) 36,000 AGM-179 Joint Air-to-Ground Missiles (JAGM);
       (D) 700 M142 High Mobility Artillery Rocket Systems 
     (HIMARS);
       (E) 6,000 MGM-140 Army Tactical Missile Systems (ATACMS);
       (F) 1,000 Harpoons;
       (G) 800 Naval Strike Missiles;
       (H) 100,000 Guided Multiple Launch Rocket Systems (GMLRS);
       (I) 10,000 PATRIOT Advanced Capability - 3 (PAC-3) Missile 
     Segment Enhancement (MSE);
       (J) 20,000 FIM-92 Stinger;
       (K) 25,000 FGM-148 Javelin;
       (L) 20,000 AIM-120 Advanced Medium-Range Air-to-Air Missile 
     (AMRAAM); and
       (M) 1,000 M777 Howitzer.
       (2) Procurement in conjunction with existing contracts.--
     The systems authorized to be procured under paragraph (1) may 
     be procured as additions to existing contracts covering such 
     programs.
       (3) Certification required.--A contract may not be entered 
     into under paragraph (1) unless the Secretary certifies to 
     the congressional defense committees in writing, not later 
     than 7 days before entry into the contract, each of the 
     following, which shall be prepared by the milestone decision 
     authority for each such program:
       (A) The use of such a contract is consistent with the 
     projected force structure requirements for such program.
       (B) The use of such a contract will result in significant 
     savings compared to the total anticipated costs of carrying 
     out the program through annual contracts. In certifying cost 
     savings under the preceding sentence, the Secretary shall 
     include a written explanation of--
       (i) the estimated end cost and appropriated funds by fiscal 
     year, by system, without the authority provided in paragraph 
     (1);
       (ii) the estimated end cost and appropriated funds by 
     fiscal year, by system, with the authority provided in 
     paragraph (1);
       (iii) the estimated cost savings or increase by fiscal 
     year, by system, with the authority provided in paragraph 
     (1);
       (iv) the discrete actions that will accomplish such cost 
     savings or avoidance; and
       (v) the contractual actions that will ensure the estimated 
     cost savings are realized.
       (C) There is a reasonable expectation that throughout the 
     contemplated contract period the Secretary will request 
     funding for the contract at the level required to avoid 
     contract cancellation.
       (D) There is a stable design for the property to be 
     acquired and the technical risks associated with such 
     property are not excessive.
       (E) The estimates of both the cost of the contract and the 
     anticipated cost avoidance through the use of a contract 
     authorized under paragraph (1) are realistic.
       (F) The use of such a contract will promote the national 
     security of the United States.
       (G) During the fiscal year in which such contract is to be 
     awarded, sufficient funds will be available to perform the 
     contract in such fiscal year, and the future-years defense 
     program (as defined in section 221 of title 10, United States 
     Code) for such fiscal year will include the funding required 
     to execute the program without cancellation.
       (4) Authority for advance procurement.--The Secretary may 
     enter into one or more contracts for advance procurement 
     associated with a program for which authorization to enter 
     into a contract is provided under paragraph (1) and for 
     systems and subsystems associated with such program in 
     economic order quantities when cost savings are achievable.
       (5) Condition for out-year contract payments.--A contract 
     entered into under paragraph (1) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year is subject to the availability of 
     appropriations for that purpose for such fiscal year.
                                 ______
                                 
  SA 6051. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF 
                   MANDATORY RETIREMENT FOR SUPERINTENDENTS OF 
                   MILITARY SERVICE ACADEMIES.

       (a) United States Military Academy.--Section 7321(b) of 
     title 10, United States Code, is amended by adding at the end 
     the following: ``In the event a waiver under this subsection 
     is granted, the subsequent nomination and appointment of such 
     officer having served as Superintendent of the Academy to a 
     further assignment in lieu of retirement shall be subject to 
     the advice and consent of the Senate.''.
       (b) United States Naval Academy.--Section 8371(b) of title 
     10, United States Code, is amended by adding at the end the 
     following: ``In the event a waiver under this subsection is 
     granted, the subsequent nomination and appointment of such 
     officer having served as Superintendent of the Academy to a 
     further assignment in lieu of retirement shall be subject to 
     the advice and consent of the Senate.''.
       (c) United States Air Force Academy.--Section 9321(b) of 
     title 10, United States Code, is amended by adding at the end 
     the following: ``In the event a waiver under this subsection 
     is granted, the subsequent nomination and appointment of such 
     officer having served as Superintendent of the Academy to a 
     further assignment in lieu of retirement shall be subject to 
     the advice and consent of the Senate.''.
                                 ______
                                 
  SA 6052. Mr. BENNET (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 appropriate place, insert the following:

     SEC. __. DEVELOPING ANTIMICROBIAL INNOVATIONS.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by adding at the end the following:

             ``PART W--DEVELOPING ANTIMICROBIAL INNOVATIONS

     ``SEC. 399OO. ESTABLISHMENT OF COMMITTEE; SUBSCRIPTION MODEL; 
                   ADVISORY GROUP.

       ``(a) In General.--Not later than 60 days after the date of 
     enactment of this part, the Secretary shall establish a 
     Committee on Critical Need Antimicrobials and appoint members 
     to the Committee.
       ``(b) Members.--
       ``(1) In general.--The Committee shall consist of at least 
     one representative from each of the National Institute of 
     Allergy and Infectious Diseases, the Centers for Disease 
     Control and Prevention, the Biomedical Advanced Research and 
     Development Authority, the Food and Drug Administration, the 
     Centers for Medicare & Medicaid Services, the Veterans Health 
     Administration, and the Department of Defense.
       ``(2) Chair.--The Secretary shall appoint one of the 
     members of the Committee to serve as the Chair of the 
     Committee.
       ``(c) Duties.--Not later than 1 year after the appointment 
     of all initial members of the Committee, the Secretary, in 
     collaboration with the Committee, and in consultation with 
     the Critical Need Antimicrobials Advisory Group established 
     under subsection (g), shall do the following:
       ``(1) Develop a list of infections and patient types for 
     which new antimicrobial drug development is needed, taking 
     into account patient factors, organisms, sites of infection, 
     and type of infections for which there is an unmet medical 
     need, findings from the most recent report entitled 
     `Antibiotic Resistance

[[Page S5584]]

     Threats in the United States' issued by the Centers for 
     Disease Control and Prevention, or an anticipated unmet 
     medical need, including a potential global health security 
     threat. For the list developed under this paragraph, the 
     Secretary, in collaboration with the Committee, may use the 
     infection list in such most recent report for up to 3 years 
     following the date of enactment of this part and subsequently 
     update the list under this paragraph in accordance with 
     subsection (e).
       ``(2) Develop regulations, in accordance with subsection 
     (d), outlining favored characteristics of critical need 
     antimicrobial drugs, that are evidence based, clinically 
     focused, and designed to improve patient outcomes in treating 
     the infections described in paragraph (1), and establishing 
     criteria for how each such characteristic or combinations of 
     multiple characteristics will adjust the monetary value of a 
     subscription contract awarded under subsection (f) or section 
     399OO-2. The favored characteristics shall be weighed for 
     purposes of such monetary value such that meeting certain 
     characteristics, or meeting more than one such 
     characteristic, increases the monetary value. Such favored 
     characteristics of an antimicrobial drug shall include--
       ``(A) treating infections and patients on the list under 
     paragraph (1);
       ``(B) improving clinical and patient outcomes for patients 
     with multi-drug-resistant infections;
       ``(C) being a first-approved antimicrobial drug that has 
     the evidence of addressing unmet medical needs for the 
     treatment of a serious or life-threatening infection, and, to 
     a lesser extent, second and third drugs that treat such 
     infections;
       ``(D) route of administration, especially through oral 
     administration;
       ``(E)(i) containing no active moiety (as defined by the 
     Secretary in section 314.3 of title 21, Code of Federal 
     Regulations (or any successor regulations)) that has been 
     approved in any other application under section 505(b) of the 
     Federal Food, Drug, and Cosmetic Act or intending to be the 
     subject of a new biological product license application under 
     section 351(a);
       ``(ii) being a member of a new class of drugs with a novel 
     target and novel mode of action that are distinctly different 
     from the target or mode of any antimicrobial drug approved 
     under section 505 of such Act or licensed under section 351, 
     including reduced toxicity;
       ``(iii) not being affected by cross-resistance to any 
     antimicrobial drug approved under such section 505 or 
     licensed under such section 351;
       ``(F) improving patient outcomes for an infection through a 
     novel chemical scaffold or mechanism of action;
       ``(G) having received a transitional subscription contract 
     under subsection (f); and
       ``(H) any other characteristic the Secretary, in 
     collaboration with the Committee, determines necessary.
       ``(d) Regulations.--
       ``(1) In general.--Not later than 1 year after the 
     appointment of the initial members of the Committee, the 
     Secretary shall issue proposed regulations which shall 
     include--
       ``(A) a process by which the sponsors can apply for an 
     antimicrobial drug to become a critical need antimicrobial 
     drug under section 399OO-1;
       ``(B) how subscription contracts under such section shall 
     be established and paid;
       ``(C) the favored characteristics under subsection (c)(2), 
     how such characteristics will be weighed, and the minimum 
     number and kind of favored characteristics needed for an 
     antimicrobial drug to be designated a critical need 
     antimicrobial drug; and
       ``(D) other elements of the subscription contract process, 
     in accordance with this part.
       ``(2) Development of final regulations.--Before finalizing 
     the regulations under paragraph (1), the Secretary shall 
     solicit public comment and hold public meetings for the 
     period beginning on the date on which the proposed 
     regulations are issued and ending on the date that is 120 
     days after such date of issuance. The Secretary shall 
     finalize and publish such regulations not later than 120 days 
     after the close of such period of public comment and 
     meetings.
       ``(3) Subscription contract office.--Not later than 6 
     months after the date of enactment of this part, the 
     Secretary shall propose an agency or office in the Department 
     of Health and Human Services to manage the establishment and 
     payment of subscription contracts awarded under section 
     399OO-2, including eligibility, requirements, and contract 
     amounts. The Secretary shall solicit public comment and 
     finalize the agency or office no later than 45 days following 
     the proposed agency or office. Such agency or office shall be 
     referred to as the `Subscription Contract Office'.
       ``(e) List of Infections and Patient Types.--The Secretary, 
     in collaboration with the Committee, shall update the list of 
     infections and patient types under subsection (c)(1) at least 
     every 2 years.
       ``(f) Transitional Subscription Contracts.--
       ``(1) In general.--Not earlier than 30 days after the date 
     of enactment of this part and ending on the date that the 
     Secretary finalizes the subscription contract regulations 
     under subsection (d), the Secretary may use up to 
     $1,000,000,000 of the amount appropriated under section 
     399OO-4(a) to engage in transitional subscription contracts 
     of up to 3 years in length with antimicrobial developers, as 
     determined by the Secretary, that have developed 
     antimicrobial drugs treating infections listed in the most 
     recent report entitled `Antibiotic Resistance Threats in the 
     United States' issued by the Centers for Disease Control and 
     Prevention, and may include antimicrobial drugs that are 
     qualified infectious disease products (as defined in section 
     505E(g) of the Federal Food, Drug, and Cosmetic Act), 
     innovative biological products, or innovative drugs that 
     achieve improved clinical and patient outcomes through 
     immunomodulation. Such a contract may authorize the 
     contractor to use funds made available under the contract for 
     completion of postmarketing clinical studies, manufacturing, 
     and other preclinical and clinical efforts.
       ``(2) Requirements.--
       ``(A) In general.--The Secretary, through the office 
     described in paragraph (4), may enter into a contract under 
     paragraph (1)--
       ``(i) if the Secretary determines that the antimicrobial 
     drug is intended to treat an infection and improves patient 
     outcomes for which there is an unmet clinical need, an 
     anticipated clinical need, or drug resistance;
       ``(ii) subject to terms including--

       ``(I) that the Secretary shall cease any payment 
     installments under a transitional subscription contract if 
     the sponsor does not--

       ``(aa) ensure commercial and Federal availability of the 
     antimicrobial drug within 30 days of receiving first payment 
     under the contract;
       ``(bb) identify, track, and publicly report drug resistance 
     data, patient outcomes, and trends using available data 
     related to the antimicrobial drug;
       ``(cc) develop and implement education and communications 
     strategies, including communications for individuals with 
     limited English proficiency and individuals with 
     disabilities, for health care professionals and patients 
     about appropriate use of the antimicrobial drug;
       ``(dd) submit a plan for registering the antimicrobial drug 
     in additional countries where an unmet medical need exists, 
     which such plan may be consistent with the Stewardship and 
     Access Plan (SAP) Development Guide (2021);
       ``(ee) subject to subparagraph (B), ensure a reliable drug 
     supply chain, thus leading to an interruption of the supply 
     of the antimicrobial drug in the United States for more than 
     60 days; or
       ``(ff) make meaningful progress toward completion of Food 
     and Drug Administration-required postmarketing studies, 
     including such studies that are evidence based; and

       ``(II) other terms as determined by the Secretary; and

       ``(iii) if--

       ``(I) a phase 3 clinical study has been initiated for the 
     antimicrobial drug; or
       ``(II) the antimicrobial drug has been approved under 
     section 505(c) of the Federal Food, Drug, and Cosmetic Act or 
     licensed under section 351(a).

       ``(B) Waiver.--The requirement under subparagraph 
     (A)(ii)(I)(ee) may be waived in the case that an emergency 
     prohibits access to a reliable drug supply chain.
       ``(3) Transitional guidance.--Not later than 120 days after 
     the appointment of the initial members of the Committee, the 
     Secretary shall issue, in consultation with the Committee, 
     transitional guidance outlining the antimicrobial drugs that 
     are eligible for transitional subscription contracts under 
     paragraph (1), the requirements to enter into a transitional 
     subscription contract under paragraph (2), and the process by 
     which drug developers can enter into transitional 
     subscription contracts with the Secretary under this 
     subsection.
       ``(4) Payment office and mechanism.--Not later than 30 days 
     after the date of enactment of this part, the Secretary shall 
     determine the agency or office in the Department of Health 
     and Human Services that will manage the transitional 
     subscription contracts, including eligibility, requirements, 
     and contract amounts, during the period described in 
     paragraph (1).
       ``(g) Critical Need Antimicrobial Advisory Group.--
       ``(1) In general.--Not later than 30 days after the 
     appointment of all initial members of the Committee, the 
     Secretary, in collaboration with the Committee, shall 
     establish a Critical Need Antimicrobial Advisory Group 
     (referred to in this subsection as the `Advisory Group') and 
     appoint members to the Advisory Group.
       ``(2) Members.--The members of the Advisory Group shall 
     include--
       ``(A) not fewer than 6 individuals who are--
       ``(i) infectious disease specialists; or
       ``(ii) other health experts with expertise in researching 
     antimicrobial resistance, health economics, or 
     commercializing antimicrobial drugs; and
       ``(B) not fewer than 5 patient advocates.
       ``(3) Chair.--The Secretary shall appoint one of the 
     members of the Advisory Group to serve as the Chair.
       ``(4) Conflicts of interest.--In appointing members under 
     paragraph (2), the Secretary shall ensure that no member 
     receives compensation in any manner from a commercial or for-
     profit entity that develops antimicrobials or that might 
     benefit from antimicrobial development.
       ``(5) Applicability of faca.--Except as otherwise provided 
     in this subsection, the Federal Advisory Committee Act shall 
     apply to the Advisory Group.

[[Page S5585]]

  


     ``SEC. 399O-1. CRITICAL NEED ANTIMICROBIAL DRUG APPLICATION 
                   AND PAYMENT THROUGH SUBSCRIPTION CONTRACTS.

       ``(a) In General.--
       ``(1) Submission of request.--The sponsor of an application 
     under section 505(b) of the Federal Food, Drug, and Cosmetic 
     Act or section 351(a) for an antimicrobial drug may request 
     that the Secretary designate the drug as a critical need 
     antimicrobial. A request for such designation may be 
     submitted after the Secretary grants for such drug an 
     investigational new drug exemption under section 505(i) of 
     the Federal Food, Drug, and Cosmetic Act or section 
     351(a)(3), and shall be submitted not later than 5 years 
     after the date of approval under section 505(c) of the 
     Federal Food, Drug, and Cosmetic Act or licensure under 
     section 351(a).
       ``(2) Content of request.--A request under paragraph (1) 
     shall include information, such as clinical, preclinical and 
     postmarketing data, evidence of patient outcomes, a list of 
     the favorable characteristics described in section 
     399OO(c)(2), and any other material that the Secretary in 
     consultation with the Committee requires.
       ``(3) Review by secretary.--The Secretary shall promptly 
     review all requests for designation submitted under this 
     subsection, assess all required application components, and 
     determine if the antimicrobial drug is likely to meet the 
     favorable characteristics identified in the application upon 
     the completion of clinical development. After review, the 
     Secretary shall approve or deny each request for designation 
     not later than 90 days after receiving a request. If the 
     Secretary approves a request, it shall publish the value of 
     the contract that the critical need antimicrobial developer 
     would be eligible to receive if such developer successfully 
     demonstrates that the drug meets the maximum value of the 
     favored characteristics listed in the application.
       ``(4) Length of designation period.--A designation granted 
     under this section shall be in effect for a period of 10 
     years after the date that the designation is approved, and 
     shall remain in effect for such period even if the infection 
     treated by such drug is later removed from the list of 
     infections under section 399OO(c)(1).
       ``(5) Subsequent reviews.--No sooner than 2 years after a 
     designation approval or denial under subsection (3), the 
     sponsor may request a subsequent review to re-evaluate the 
     value of a contract to include any new information.
       ``(b) Development of Designated Drugs.--If a critical need 
     antimicrobial designation is granted during clinical 
     development of an antimicrobial drug, the Secretary may work 
     with the sponsor to maximize the opportunity for the sponsor 
     to successfully demonstrate that the antimicrobial drug 
     possesses the favored characteristics of high-monetary valued 
     products identified under section 399OO(c)(2).
       ``(c) Appropriate Use of Critical Need Antimicrobial.--
       ``(1) In general.--The sponsor of an antimicrobial drug 
     that receives designation under subsection (a) shall within 
     90 days of such designation, submit to the Secretary a plan 
     for appropriate use of diagnostics, in order for the 
     Secretary and Committee to consider such plan in developing 
     clinical guidelines. An appropriate use plan--
       ``(A) shall include--
       ``(i) the appropriate use of the drug; and
       ``(ii) the appropriate use of diagnostic tools, where 
     available, such as diagnostic testing for biomarkers related 
     to antimicrobial-resistant pathogens and demonstrating 
     improved infection diagnosis and benefit with the drug, or 
     other targeted diagnostic approaches, to inform use of the 
     drug; and
       ``(B) may be developed in partnership with the Secretary, 
     infectious disease experts, diagnostic experts or developers, 
     laboratory experts, or another entity.
       ``(2) Consultation.--The Secretary shall consult with 
     relevant professional societies and the Critical Need 
     Antimicrobial Advisory Group established under section 
     399OO(g) to ensure that clinical guidelines issued by the 
     Secretary under paragraph (3), with respect to an 
     antimicrobial drug designated under subsection (a), includes 
     the use of appropriate diagnostic approaches, taking into 
     consideration the diagnostic plan submitted by a sponsor 
     under paragraph (1).
       ``(3) Publication of clinical guidelines.--Not later than 1 
     year after the Secretary makes the first designation under 
     subsection (a), and not less than every 3 years thereafter, 
     the Secretary shall publish clinical guidelines in 
     consultation with relevant professional societies with 
     respect to each antimicrobial drug that has been approved or 
     licensed as described in subsection (a)(1) and that has been 
     designated under subsection (a), which guidelines shall set 
     forth the evidence-based recommendations for prescribing the 
     drug, in accordance with the evidence in submissions of the 
     sponsor under paragraph (1) and after consultation under 
     paragraph (2), as appropriate.

     ``SEC. 399O-2. SUBSCRIPTION CONTRACTS.

       ``(a) Application for a Subscription Contract.--
       ``(1) Submission of applications.--After approval under 
     section 505(c) of the Federal Food, Drug, and Cosmetic Act or 
     licensure under section 351(a), the sponsor of an 
     antimicrobial drug designated as a critical need 
     antimicrobial under section 399OO-1 may submit an application 
     for a subscription contract with the Secretary, under a 
     procedure established by the Secretary.
       ``(2) Review of applications.--The Secretary shall, in 
     consultation with the Committee--
       ``(A) review all applications for subscription contracts 
     under paragraph (1) and assess all required application 
     components;
       ``(B) determine the extent to which the critical need 
     antimicrobial meets the favored characteristics identified 
     under section 399OO(c)(2), and deny any application for a 
     drug that meets none of such characteristics; and
       ``(C) assign a monetary value to the contract based on the 
     regulations developed under section 399OO(d).
       ``(b) Criteria.--To qualify for a subscription contract 
     under this section, the sponsor of an antimicrobial drug 
     designated as a critical need antimicrobial shall agree to--
       ``(1) ensure commercial and Federal availability of the 
     antimicrobial drug within 30 days of receiving first payment 
     under the contract, and sufficient supply for susceptibility 
     device manufacturers;
       ``(2) identify, track, and publicly report drug resistance 
     data, patient outcomes, and trends using available data 
     related to the antimicrobial drug;
       ``(3) develop and implement education and communications 
     strategies, including communications for individuals with 
     limited English proficiency and individuals with 
     disabilities, for health care professionals and patients 
     about appropriate use of the antimicrobial drug;
       ``(4) submit an appropriate use assessment to the 
     Secretary, Committee, Food and Drug Administration, and 
     Centers for Disease Control and Prevention every 2 years 
     regarding use of the antimicrobial drug, including how the 
     drug is being marketed;
       ``(5) submit a plan for registering the drug in additional 
     countries where an unmet medical need exists;
       ``(6) ensure a reliable drug supply chain, where any 
     interruption to the supply chain will not last for more than 
     60 days in the United States;
       ``(7) complete any postmarketing studies required by the 
     Food and Drug Administration in a timely manner;
       ``(8) produce the drug at a reasonable volume determined 
     with the Secretary to ensure patient access to the drug;
       ``(9) price the drug at a price that is not lower than a 
     comparable generic drug;
       ``(10) abide by the manufacturing and environmental best 
     practices in the supply chain for the control of discharge of 
     antimicrobial active pharmaceutical ingredients to ensure 
     minimal discharge into, or contamination of, the environment 
     by antimicrobial agents or products as a result of the 
     manufacturing process; and
       ``(11) abide by other terms as the Secretary may require.
       ``(c) Amount and Terms of Contracts.--
       ``(1) Amounts.--A subscription contract under this section 
     shall be for the sale to the Secretary of any quantity of the 
     antimicrobial drug needed over the term of the contract under 
     paragraph (2), at an agreed upon price, for a total projected 
     amount determined by the Secretary that is not less than 
     $750,000,000 and not more than $3,000,000,000, adjusted for 
     inflation, accounting for the favored characteristic or 
     combination of favored characteristics of the drug, including 
     improved patient outcomes, as determined by the Secretary, in 
     consultation with the Committee, under subsection (a)(2), and 
     shall be allocated from the amount made available under 
     section 399OO-4(a). Not later than 6 months after the 
     subscription contract is granted under subsection (a), the 
     Secretary shall provide payments for purchased drugs in 
     installments established by the Secretary in consultation 
     with the sponsor of the antimicrobial drug and in accordance 
     with subsection (d)(3). Funds received by the sponsor shall 
     be used to support criteria qualification under subsection 
     (b), the completion of postmarketing clinical studies, 
     manufacturing, other preclinical and clinical activities, or 
     other activities agreed to by the Secretary and sponsor in 
     the contract.
       ``(2) Terms.--
       ``(A) Initial term.--The initial term of a contract under 
     this subsection shall be no less than 5 years or greater than 
     the greater of 10 years or the remaining period of time 
     during which the sponsor has patent protections or a 
     remaining exclusivity period with respect to the 
     antimicrobial drug in the United States, as listed in the 
     publication of the Food and Drug Administration entitled 
     `Approved Drug Products with Therapeutic Equivalence 
     Evaluations'. Payments may be in equal annual installments 
     with the option to redeem 50 percent of the last year's 
     reimbursement in year 1 of the contract in order to offset 
     costs of establishing manufacturing capacity, or another 
     subscription arrangement to which the Secretary and sponsor 
     agree. Subscription contracts shall remain in effect for such 
     period even if the infection treated by such antimicrobial 
     drug is later removed from the list of infections under 
     section 399OO(c)(1).
       ``(B) Extension of contracts.--The Secretary may extend a 
     subscription contract with a sponsor under this subsection 
     beyond the initial contract period. A single contract 
     extension may be in effect not later than the date on which 
     all periods of exclusivity granted by the Food and Drug 
     Administration expire and shall be in an amount not to exceed 
     $25,000,000 per year. All other terms of

[[Page S5586]]

     an extended contract shall be the same as the terms of the 
     initial contract. The total amount of funding used on such 
     contract extensions shall be no more than $1,000,000,000, and 
     shall be allocated from the amount made available under 
     section 399OO-4.
       ``(C) Modification of contracts.--The Secretary or sponsor, 
     1 year after the start of the contract period under this 
     subsection and every 2 years thereafter, may request a 
     modification of the amount of the contract based on 
     information that adjusts favored characteristics in section 
     399OO(c)(2).
       ``(3) Adjustment.--In the case of an antimicrobial drug 
     that received a transitional subscription contract under 
     section 399OO(f), the amount of a subscription contract for 
     such drug under this section shall be reduced by the amount 
     of the transitional subscription contract under such section 
     399OO(f) for such drug.
       ``(4) Contracts for generic and biosimilar versions.--
     Notwithstanding any other provision in this part, the 
     Secretary may award a subscription contract under this 
     section to a manufacturer of a generic or biosimilar version 
     of an antimicrobial drug for which a subscription contract 
     has been awarded under this section. Such contracts shall be 
     awarded in accordance with a procedure, including for 
     determining the terms and amounts of such contracts, 
     established by the Secretary.
       ``(d) Annual Antimicrobial Drug Sponsor Revenue 
     Limitations.--
       ``(1) In general.--Pursuant to a contract entered into 
     under this section, during the term of such a contract, the 
     annual net revenue from sales of the applicable antimicrobial 
     drug for beneficiaries or enrollees in Federal health care 
     programs shall be subtracted from the annual payment 
     installments determined in the subscription contract. The 
     Secretary shall coordinate with the relevant agencies of the 
     Federal Government to carry out this subsection in a manner 
     that ensures minimal disruption to how a health care provider 
     currently acquires applicable antimicrobial drugs.
       ``(2) Regulations.--To carry out this subsection, the 
     Secretary shall promulgate regulations to identify the 
     Federal health care programs applicable under this section 
     and to establish the methodology and data collection 
     requirements necessary to determine the amount to be 
     subtracted from any contract. Any methodology established for 
     the collection of data and calculation of the amount to be 
     subtracted from any contract shall take into account any 
     legally mandated or voluntary discounts and rebates provided 
     by the manufacturer of the applicable antimicrobial drug to 
     the government programs that pay for such drugs subject to a 
     contract agreement entered into pursuant to subsection 
     (c)(2).
       ``(3) Definitions.--In this subsection:
       ``(A) Applicable antimicrobial drug.--The term `applicable 
     antimicrobial drug' means an antimicrobial drug for which the 
     sponsor of such drug receives a subscription contract under 
     subsection (a).
       ``(B) Federal health care program.--The term `Federal 
     health care program' has the meaning given such term in 
     section 1128B(f) of the Social Security Act, except that, for 
     purposes of this subsection, such term includes the health 
     insurance program under chapter 89 of title 5, United States 
     Code.
       ``(e) Failure To Adhere to Terms.--The Secretary shall 
     cease any payment installments under a contract under this 
     section if--
       ``(1) the sponsor--
       ``(A) permanently withdraws the antimicrobial drug from the 
     market in the United States;
       ``(B) fails to meet criteria under subsection (b); or
       ``(C) does not complete a postmarket study required by the 
     Food and Drug Administration during the length of the term of 
     the contract;
       ``(2) the annual international and private insurance market 
     revenues with respect to an antimicrobial drug (not counting 
     any subscription revenues from any source pursuant to a 
     contract under this section or other international or private 
     entities) exceed 5 times the average annual amount of the 
     subscription contract paid by the Secretary as certified by 
     the sponsor annually; or
       ``(3) if the total revenue of the sponsor from government 
     programs that pay for drugs subject to a contract agreement 
     entered into pursuant to subsection (c)(2), for a year 
     exceeds the amount of the subscription contract paid by the 
     Secretary for that year.
       ``(f) Private Payer and International Payer 
     Participation.--The Secretary shall make efforts to increase 
     the participation of domestic private payors and 
     international payors in subscription contracts or other types 
     of value-based arrangements that are similar to the 
     subscription contracts authorized under this section.

     ``SEC. 399O-3. ENCOURAGING APPROPRIATE USE OF ANTIBIOTICS, 
                   COMBATING RESISTANCE, AND IMPROVING PATIENT 
                   OUTCOMES.

       ``(a) Establishment of Health Facility Grant Program.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this part, the Secretary and the Director of the 
     Centers for Disease Control and Prevention shall coordinate 
     with the Administrator of the Health Resources and Services 
     Administration, the Administrator of the Centers for Medicare 
     & Medicaid Services, the National Coordinator for Health 
     Information Technology, and other relevant agencies, to 
     establish a grant program under the Centers for Disease 
     Control and Prevention to support hospital, skilled nursing 
     facility, and other inpatient facility efforts--
       ``(A) to judiciously use antimicrobial drugs, such as by 
     establishing or implementing appropriate use programs, 
     including infectious disease telehealth programs, using 
     appropriate diagnostic tools, partnering with academic 
     hospitals, increasing health care-associated infection 
     reporting, and monitoring antimicrobial resistance and 
     patient outcomes; and
       ``(B) to participate in the National Healthcare Safety 
     Network Antimicrobial Use and Resistance Module or the 
     Emerging Infections Program Healthcare-Associated Infections 
     Community Interface activity of the Centers for Disease 
     Control and Prevention or a similar reporting program, as 
     specified by the Secretary, relating to antimicrobial drugs.
       ``(2) Prioritization.--In awarding grants under paragraph 
     (1), the Secretary shall prioritize hospitals or skilled 
     nursing facilities without an existing program to judiciously 
     use antimicrobial drugs, subsection (d) hospitals (as defined 
     in subparagraph (B) of section 1886(d)(2) of the Social 
     Security Act that are located in rural areas (as defined in 
     subparagraph (D) of such section), critical access hospitals 
     (as defined in section 1861(mm)(1) of such Act), hospitals 
     serving Tribal-populations, and safety-net hospitals.
       ``(3) Funding.--Of the amounts appropriated under section 
     399OO-4, the Secretary shall reserve $500,000,000 to carry 
     out this subsection.
       ``(b) Surveillance and Reporting of Antibiotic Use, 
     Resistance, and Patient Outcomes.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall use the National Healthcare Safety Network and other 
     appropriate surveillance systems to assess--
       ``(A) appropriate conditions, patient outcomes, and 
     measures causally related to antibacterial resistance, 
     including types of infections, the causes for infections, the 
     types of patients with infections, and whether infections are 
     acquired in a community or hospital setting, increased 
     lengths of hospital stay, increased costs, and rates of 
     mortality; and
       ``(B) changes in bacterial resistance to antimicrobial 
     drugs in relation to patient outcomes, including changes in 
     percent resistance, prevalence of antibiotic-resistant 
     infections, rates of patient survival, patient symptoms and 
     function in their daily lives, and other such changes.
       ``(2) Antibiotic use data.--The Secretary, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, shall work with Federal agencies (including the 
     Department of Veterans Affairs, the Department of Defense, 
     the Department of Homeland Security, the Bureau of Prisons, 
     the Indian Health Service, and the Centers for Medicare & 
     Medicaid Services), private vendors, health care 
     organizations, pharmacy benefit managers, and other entities 
     as appropriate to obtain reliable and comparable human 
     antibiotic drug consumption data (including, as available and 
     appropriate, volume antibiotic distribution data and 
     antibiotic use data, including prescription data) by State or 
     metropolitan areas.
       ``(3) Antibiotic resistance trend and patient outcomes 
     data.--The Secretary, acting through the Director of the 
     Centers for Disease Control and Prevention, shall intensify 
     and expand efforts to collect antibiotic resistance and 
     patient outcomes data and encourage adoption of the 
     Antibiotic Use and Resistance Module within the National 
     Healthcare Safety Network among all health care facilities 
     across the continuum of care, including, as appropriate, 
     acute care hospitals, dialysis facilities, nursing homes, 
     ambulatory surgical centers, and other ambulatory health care 
     settings in which antimicrobial drugs are routinely 
     prescribed. The Secretary shall seek to collect such data 
     from electronic medication administration reports and 
     laboratory systems to produce the reports described in 
     paragraph (4).
       ``(4) Public availability of data.--The Secretary, acting 
     through the Director of the Centers for Disease Control and 
     Prevention, shall, for the purposes of improving the 
     monitoring of important trends in patient outcomes in 
     relation to antibacterial resistance--
       ``(A) make the data derived from surveillance under this 
     subsection publicly available through reports issued on a 
     regular basis that is not less than annually; and
       ``(B) examine opportunities to make such data available in 
     near real time.

     ``SEC. 399O-4. APPROPRIATIONS.

       ``(a) In General.--To carry out this part, there are hereby 
     appropriated to the Secretary, out of amounts in the Treasury 
     not otherwise appropriated, $6,000,000,000, for fiscal year 
     2023, to remain available until expended.
       ``(b) Emergency Designation.--
       ``(1) In general.--The amounts provided by this section are 
     designated as an emergency requirement pursuant to section 
     4(g) of the Statutory Pay-As-You-Go Act of 2010.
       ``(2) Designation in senate.--In the Senate, this section 
     is designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the

[[Page S5587]]

     concurrent resolution on the budget for fiscal year 2018.

     ``SEC. 399O-5. STUDIES AND REPORTS.

       ``(a) In General.--Not later than 6 years after the date of 
     enactment of this part, the Comptroller General of the United 
     States shall complete a study on the effectiveness of this 
     part in developing priority antimicrobial drugs and improving 
     patient outcomes. Such study shall examine the indications 
     for, usage of, development of resistance with respect to, and 
     private and societal value of critical need antimicrobial 
     drugs, and the impact of the programs under this part on 
     patient outcomes and markets of critical need antimicrobial 
     drugs. The Comptroller General shall report to the Committee 
     on Health, Education, Labor, and Pensions of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives on the findings of such study.
       ``(b) Antibiotic Use in the United States; Annual 
     Reports.--The Director of the Centers for Disease Control and 
     Prevention shall, each year, update the report entitled 
     `Antibiotic Use in the United States' to include updated 
     information on progress and opportunities with respect to 
     data, programs, and resources for prescribers to promote 
     appropriate use of antimicrobial drugs.
       ``(c) Report on Antimicrobial Prophylactics.--Not later 
     than 3 years after the date of enactment of this part, the 
     Director of the Centers for Disease Control and Prevention 
     shall publish a report on antimicrobial prophylactics.

     ``SEC. 399O-6. DEFINITIONS.

       ``In this part--
       ``(1) the term `antimicrobial drug'--
       ``(A) means, subject to subparagraph (B), a product that 
     is--
       ``(i) a drug that directly inhibits replication of or kills 
     bacteria or fungi relevant to the proposed indication at 
     concentrations likely to be attainable in humans to achieve 
     the intended therapeutic effect; or
       ``(ii) a biological product that acts directly on bacteria 
     or fungi or on the substances produced by such bacteria or 
     fungi; and
       ``(B) does not include--
       ``(i) a drug that achieves the effect described by 
     subparagraph (A)(i) only at a concentration that cannot 
     reasonably be studied in humans because of its anticipated 
     toxicity; or
       ``(ii) a vaccine; and
       ``(2) the term `Committee' means the Committee on Critical 
     Need Antimicrobials established under section 399OO.''.
                                 ______
                                 
  SA 6053. 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. ___. OFFICE OF CIVIL RIGHTS AND INCLUSION.

       (a) Short Title.--This section may be cited as the 
     ``Achieving Fairness in Disaster Response, Recovery, and 
     Resilience Act of 2022''.
       (b) Establishment of Office.--Section 513 of the Homeland 
     Security Act of 2002 (6 U.S.C. 321b) is amended to read as 
     follows:

     ``SEC. 513. OFFICE OF CIVIL RIGHTS AND INCLUSION.

       ``(a) Definitions.--In this section--
       ``(1) the term `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure, 
     the Committee on Oversight and Reform, and the Committee on 
     Homeland Security of the House of Representatives;
       ``(2) the term `Director' means the Director of the Office 
     of Civil Rights and Inclusion;
       ``(3) the term `disaster assistance' means assistance 
     provided under titles IV and V of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
     et seq.);
       ``(4) the term `Office' means the Office of Civil Rights 
     and Inclusion; and
       ``(5) the term `underserved community' means--
       ``(A) a rural community;
       ``(B) a low-income community;
       ``(C) the disability community;
       ``(D) the Native American and Alaskan Native community;
       ``(E) the African-American community;
       ``(F) the Asian community;
       ``(G) the Hispanic (including persons of Mexican, Puerto 
     Rican, Cuban, and Central or South American origin) 
     community;
       ``(H) the Pacific Islander community;
       ``(I) the Middle Eastern and North African community; and
       ``(J) any other historically disadvantaged community, as 
     determined by the Director.
       ``(b) Office of Civil Rights and Inclusion.--
       ``(1) In general.--The Office of Equal Rights of the Agency 
     shall, on and after the date of enactment of the Achieving 
     Fairness in Disaster Response, Recovery, and Resilience Act 
     of 2022, be known as the Office of Civil Rights and 
     Inclusion.
       ``(2) References.--Any reference to the Office of Equal 
     Rights of the Agency in any law, regulation, map, document, 
     record, or other paper of the United States shall be deemed 
     to be a reference to the Office of Civil Rights and 
     Inclusion.
       ``(c) Director.--
       ``(1) In general.--The Office shall be headed by a 
     Director, who shall report to the Administrator.
       ``(2) Requirement.--The Director shall have documented 
     experience and expertise in civil rights, underserved 
     community inclusion research, disaster preparedness, or 
     resilience disparities elimination.
       ``(d) Purpose.--The purpose of the Office is to--
       ``(1) improve underserved community access to disaster 
     assistance;
       ``(2) improve the quality of disaster assistance received 
     by underserved communities;
       ``(3) eliminate underserved community disparities in the 
     delivery of disaster assistance; and
       ``(4) carry out such other responsibilities of the Office 
     of Equal Rights as in effect on the day before the date of 
     enactment of the Achieving Fairness in Disaster Response, 
     Recovery, and Resilience Act of 2022, as determined 
     appropriate by the Administrator.
       ``(e) Authorities and Duties.--
       ``(1) In general.--The Director shall be responsible for--
       ``(A) improving--
       ``(i) underserved community access to disaster assistance 
     before and after a disaster; and
       ``(ii) the quality of Agency assistance underserved 
     communities receive;
       ``(B) reviewing preparedness, response, and recovery 
     programs and activities of the Agency to ensure the 
     elimination of underserved community disparities in the 
     delivery of such programs and activities; and
       ``(C) carrying out such other responsibilities of the 
     Office of Equal Rights as in effect on the day before the 
     date of enactment of the Achieving Fairness in Disaster 
     Response, Recovery, and Resilience Act of 2022, as determined 
     appropriate by the Administrator.
       ``(2) Reducing disparities in preparedness, response, and 
     recovery.--
       ``(A) In general.--The Director shall develop measures to 
     evaluate the effectiveness of the activities of program 
     offices in the Agency and the activities of recipients aimed 
     at reducing disparities in the services provided to 
     underserved communities.
       ``(B) Requirement.--The measures developed under 
     subparagraph (A) shall--
       ``(i) evaluate community outreach activities, language 
     services, workforce competence, historical assistance for 
     grants and loans provided to individuals and State, local, 
     tribal, and territorial governments, the effects of disaster 
     declaration thresholds on underserved communities, the 
     percentage of contracts awarded to underserved businesses, 
     historical barriers to equitable assistance across race and 
     class during and after disasters, and other areas, as 
     determined by the Director; and
       ``(ii) identify the communities implicated in the 
     evaluations conducted under clause (i).
       ``(C) Coordination with other offices.--In carrying out 
     this section, the Director shall--
       ``(i) participate in scenario-based disaster response 
     exercises at the Agency;
       ``(ii) coordinate with the Office of Minority Health of the 
     Department of Health and Human Services;
       ``(iii) coordinate with the Office of Civil Rights of the 
     Department of Agriculture;
       ``(iv) as appropriate, coordinate with other relevant 
     offices across the Federal Government, including by leading a 
     voluntary task force to address disaster response needs of 
     underserved communities;
       ``(v) coordinate with the Office for Civil Rights and Civil 
     Liberties of the Department; and
       ``(vi) investigate allegations of unequal disaster 
     assistance based on race or ethnic origin or refer those 
     allegations to the appropriate office.
       ``(f) Grants and Contracts.--In carrying out this section, 
     to further inclusion and engagement of underserved 
     communities throughout preparedness, response, recovery, and 
     mitigation and to eliminate underserved community disparities 
     in the delivery of disaster assistance, as described in 
     subsection (d), the Administrator shall--
       ``(1) administer and evaluate Agency programs and 
     activities, including the programs and activities of 
     recipients of preparedness, response, recovery, and 
     mitigation grants and contracts, to--
       ``(A) further inclusion and engagement of underserved 
     communities and underserved businesses; and
       ``(B) improve outcomes for underserved communities tied to 
     Agency programs and activities; and
       ``(2) establish an underserved community initiative to 
     award grants to, and enter into cooperative agreements and 
     contracts with, nonprofit entities.
       ``(g) Disability Coordinator.--
       ``(1) In general.--There shall be within the Office a 
     Disability Coordinator to ensure that the needs of 
     individuals with disabilities are being properly addressed by 
     proactively engaging with disability and underserved 
     communities and State, local, and tribal governments in 
     emergency preparedness and disaster relief.

[[Page S5588]]

       ``(2) Responsibilities.--The Disability Coordinator shall 
     be responsible for--
       ``(A) providing guidance and coordination on matters 
     relating to individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(B) interacting with the staff of the Agency, the 
     National Council on Disability, the Interagency Coordinating 
     Council on Preparedness and Individuals with Disabilities 
     established under Executive Order 13347 (6 U.S.C. 314 note; 
     relating to individuals with disabilities in emergency 
     preparedness), other agencies of the Federal Government, and 
     State, local, and tribal government authorities relating to 
     the needs of individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(C) consulting with stakeholders that represent the 
     interests and rights of individuals with disabilities about 
     the needs of individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(D) ensuring the coordination and dissemination of best 
     practices and model evacuation plans and sheltering for 
     individuals with disabilities;
       ``(E) ensuring the development of training materials and a 
     curriculum for training emergency response providers, State, 
     local, and tribal government officials, and others on the 
     needs of individuals with disabilities;
       ``(F) promoting the accessibility of telephone hotlines and 
     websites relating to emergency preparedness, evacuations, and 
     disaster relief;
       ``(G) working to ensure that video programming 
     distributors, including broadcasters, cable operators, and 
     satellite television services, make emergency information 
     accessible to individuals with hearing and vision 
     disabilities;
       ``(H) providing guidance to State, local, and tribal 
     government officials and other individuals, and implementing 
     policies, relating to the availability of accessible 
     transportation options for individuals with disabilities in 
     the event of an evacuation;
       ``(I) providing guidance and implementing policies to 
     external stakeholders to ensure that the rights and wishes of 
     individuals with disabilities regarding post-evacuation 
     residency and relocation are respected;
       ``(J) ensuring that meeting the needs of individuals with 
     disabilities is a component of the national preparedness 
     system established under section 644 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 744);
       ``(K) coordinate technical assistance for Agency programs 
     based on input from underserved communities through a 
     designee of the Director; and
       ``(L) any other duties assigned by the Director.
       ``(h) Reports.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Achieving Fairness in Disaster Response, 
     Recovery, and Resilience Act of 2022, and biennially 
     thereafter, the Administrator shall submit to the appropriate 
     committees of Congress a report describing the activities 
     carried out under this section during the period for which 
     the report is being prepared.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       ``(A) a narrative on activities conducted by the Office;
       ``(B) the results of the measures developed to evaluate the 
     effectiveness of activities aimed at reducing preparedness, 
     response, and recovery disparities; and
       ``(C) the number and types of allegations of unequal 
     disaster assistance investigated by the Director or referred 
     to other appropriate offices.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (c) Technical and Conforming Amendments.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by striking 
     the item relating to section 513 (6 U.S.C. 321b) and 
     inserting the following:

``Sec. 513. Office of Civil Rights and Inclusion.''.
       (d) COVID-19 Response.--
       (1) In general.--During the period of time for which there 
     is a major disaster or emergency declared by the President 
     under section 401 or 501, respectively, of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170, 5191) declared with respect to COVID-19, the 
     Director of the Office of Civil Rights and Inclusion shall 
     regularly consult with State, local, territorial, and Tribal 
     government officials and community-based organizations from 
     underserved communities the Office of Civil Rights and 
     Inclusion identifies as disproportionately impacted by COVID-
     19.
       (2) FACA applicability.--The Federal Advisory Committee Act 
     (5 U.S.C. App.) shall not apply to any consultation conducted 
     under paragraph (1).
                                 ______
                                 
  SA 6054. Mr. PETERS (for himself, Mr. Johnson, 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:

     SEC. __. SAFEGUARDING THE HOMELAND FROM THE THREATS POSED BY 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) Short Title.--This section may be cited as the 
     ``Safeguarding the Homeland from the Threats Posed by 
     Unmanned Aircraft Systems Act of 2022''.
       (b) Department of Homeland Security and Department of 
     Justice Unmanned Aircraft System Detection and Mitigation 
     Enforcement Authority.--Subtitle A of title II of the 
     Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
     amended by striking section 210G (6 U.S.C. 124n) and 
     inserting the following:

     ``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) The term `air navigation facility' has the meaning 
     given the term in section 40102(a)(4) of title 49, United 
     States Code.
       ``(2) The term `airport' has the meaning given the term in 
     section 47102(2) of title 49, United Sates Code.
       ``(3) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on the Judiciary of the 
     Senate; and
       ``(B) the Committee on Homeland Security, the Committee on 
     Transportation and Infrastructure, the Committee on Oversight 
     and Reform, the Committee on Energy and Commerce, and the 
     Committee on the Judiciary of the House of Representatives.
       ``(4) The term `budget', with respect to a fiscal year, 
     means the budget for that fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31, 
     United States Code.
       ``(5) The term `covered facility or asset' means any 
     facility or asset that--
       ``(A) is identified as high-risk and a potential target for 
     unlawful unmanned aircraft or unmanned aircraft system 
     activity by the Secretary or the Attorney General, or by the 
     chief executive of the jurisdiction in which a State, local, 
     Tribal, or territorial law enforcement agency designated 
     pursuant to subsection (d)(2) operates after review and 
     approval of the Secretary or the Attorney General, in 
     coordination with the Secretary of Transportation with 
     respect to potentially impacted airspace, through a risk-
     based assessment for purposes of this section (except that in 
     the case of the missions described in clauses (i)(II) and 
     (iii)(I) of subparagraph (C), such missions shall be presumed 
     to be for the protection of a facility or asset that is 
     assessed to be high-risk and a potential target for unlawful 
     unmanned aircraft or unmanned aircraft system activity);
       ``(B) is located in the United States; and
       ``(C) directly relates to 1 or more--
       ``(i) missions authorized to be performed by the 
     Department, consistent with governing statutes, regulations, 
     and orders issued by the Secretary, pertaining to--

       ``(I) security or protection functions of the U.S. Customs 
     and Border Protection, including securing or protecting 
     facilities, aircraft, and vessels, whether moored or 
     underway;
       ``(II) United States Secret Service protection operations 
     pursuant to sections 3056(a) and 3056A(a) of title 18, United 
     States Code, and the Presidential Protection Assistance Act 
     of 1976 (18 U.S.C. 3056 note);
       ``(III) protection of facilities pursuant to section 
     1315(a) of title 40, United States Code;
       ``(IV) transportation security functions of the 
     Transportation Security Administration; or
       ``(V) the security or protection functions for facilities, 
     assets, and operations of Homeland Security Investigations;

       ``(ii) missions authorized to be performed by the 
     Department of Justice, consistent with governing statutes, 
     regulations, and orders issued by the Attorney General, 
     pertaining to--

       ``(I) personal protection operations by--

       ``(aa) the Federal Bureau of Investigation as specified in 
     section 533 of title 28, United States Code; or
       ``(bb) the United States Marshals Service as specified in 
     section 566 of title 28, United States Code;

       ``(II) protection of penal, detention, and correctional 
     facilities and operations conducted by the Federal Bureau of 
     Prisons and prisoner operations and transport conducted by 
     the United States Marshals Service;
       ``(III) protection of the buildings and grounds leased, 
     owned, or operated by or for the Department of Justice, and 
     the provision of security for Federal courts, as specified in 
     section 566 of title 28, United States Code; or
       ``(IV) protection of an airport or air navigation facility;

       ``(iii) missions authorized to be performed by the 
     Department or the Department of Justice, acting together or 
     separately, consistent with governing statutes, regulations,

[[Page S5589]]

     and orders issued by the Secretary or the Attorney General, 
     respectively, pertaining to--

       ``(I) protection of a National Special Security Event and 
     Special Event Assessment Rating event;
       ``(II) the provision of support to a State, local, Tribal, 
     or territorial law enforcement agency, upon request of the 
     chief executive officer of the State or territory, to ensure 
     protection of people and property at mass gatherings, that is 
     limited to a specified duration and location, within 
     available resources, and without delegating any authority 
     under this section to State, local, Tribal, or territorial 
     law enforcement;
       ``(III) protection of an active Federal law enforcement 
     investigation, emergency response, or security function, that 
     is limited to a specified duration and location; or
       ``(IV) the provision of security or protection support to 
     critical infrastructure owners or operators, for static 
     critical infrastructure facilities and assets upon the 
     request of the owner or operator;

       ``(iv) missions authorized to be performed by the United 
     States Coast Guard, including those described in clause (iii) 
     as directed by the Secretary, and as further set forth in 
     section 528 of title 14, United States Code, and consistent 
     with governing statutes, regulations, and orders issued by 
     the Secretary of the Department in which the Coast Guard is 
     operating; and
       ``(v) responsibilities of State, local, Tribal, and 
     territorial law enforcement agencies designated pursuant to 
     subsection (d)(2) pertaining to--

       ``(I) protection of National Special Security Event and 
     Special Event Assessment Rating events or other mass 
     gatherings in the jurisdiction of the State, local, Tribal, 
     or territorial law enforcement agency;
       ``(II) protection of critical infrastructure assessed by 
     the Secretary as high-risk for unmanned aircraft systems or 
     unmanned aircraft attack or disruption, including airports in 
     the jurisdiction of the State, local, Tribal, or territorial 
     law enforcement agency;
       ``(III) protection of government buildings, assets, or 
     facilities in the jurisdiction of the State, local, Tribal, 
     or territorial law enforcement agency; or
       ``(IV) protection of disaster response in the jurisdiction 
     of the State, local, Tribal, or territorial law enforcement 
     agency.

       ``(6) 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)).
       ``(7) The terms `electronic communication', `intercept', 
     `oral communication', and `wire communication' have the 
     meanings given those terms in section 2510 of title 18, 
     United States Code.
       ``(8) The term `homeland security or justice budget 
     materials', with respect to a fiscal year, means the 
     materials submitted to Congress by the Secretary and the 
     Attorney General in support of the budget for that fiscal 
     year.
       ``(9)(A) The term `personnel' means--
       ``(i) an officer, employee, or contractor of the Department 
     or the Department of Justice, who is authorized to perform 
     duties that include safety, security, or protection of 
     people, facilities, or assets; or
       ``(ii) an employee who--
       ``(I) is authorized to perform law enforcement and security 
     functions on behalf of a State, local, Tribal, or territorial 
     law enforcement agency designated under subsection (d)(2); 
     and
       ``(II) is trained and certified to perform those duties, 
     including training specific to countering unmanned aircraft 
     threats and mitigating risks in the national airspace, 
     including with respect to protecting privacy and civil 
     liberties.
       ``(B) To qualify for use of the authorities described in 
     subsection (b) or (c), respectively, a contractor conducting 
     operations described in those subsections must--
       ``(i) be directly contracted by the Department or the 
     Department of Justice;
       ``(ii) operate at a government-owned or government-leased 
     facility or asset;
       ``(iii) not conduct inherently governmental functions;
       ``(iv) be trained to safeguard privacy and civil liberties; 
     and
       ``(v) be trained and certified by the Department or the 
     Department of Justice to meet the established guidance and 
     regulations of the Department or the Department of Justice, 
     respectively.
       ``(C) For purposes of subsection (c)(1), the term 
     `personnel' includes any officer, employee, or contractor who 
     is authorized to perform duties that include the safety, 
     security, or protection of people, facilities, or assets, 
     of--
       ``(i) a State, local, Tribal, or territorial law 
     enforcement agency; and
       ``(ii) an owner or operator of an airport or critical 
     infrastructure.
       ``(10) The term `risk-based assessment' means an evaluation 
     of threat information specific to a covered facility or asset 
     and, with respect to potential impacts on the safety and 
     efficiency of the national airspace system and the needs of 
     law enforcement and national security at each covered 
     facility or asset identified by the Secretary or the Attorney 
     General, respectively, of each of the following factors:
       ``(A) Potential impacts to safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems or unmanned 
     aircraft, aviation safety, airport operations, 
     infrastructure, and air navigation services relating to the 
     use of any system or technology for carrying out the actions 
     described in subsection (e)(2).
       ``(B) Options for mitigating any identified impacts to the 
     national airspace system relating to the use of any system or 
     technology, including minimizing, when possible, the use of 
     any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (e)(2).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (e)(2) to the national airspace system 
     and infrastructure if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of law enforcement and national 
     security.
       ``(E) The setting and character of any covered facility or 
     asset, including--
       ``(i) whether the covered facility or asset is located in a 
     populated area or near other structures;
       ``(ii) whether the covered facility or asset is open to the 
     public;
       ``(iii) whether the covered facility or asset is used for 
     nongovernmental functions; and
       ``(iv) any potential for interference with wireless 
     communications or for injury or damage to persons or 
     property.
       ``(F) The setting, character, duration, and national 
     airspace system impacts of National Special Security Event 
     and Special Event Assessment Rating events, to the extent not 
     already discussed in the National Special Security Event and 
     Special Event Assessment Rating nomination process.
       ``(G) Potential consequences to national security, public 
     safety, or law enforcement if threats posed by unmanned 
     aircraft systems or unmanned aircraft are not mitigated or 
     defeated.
       ``(H) Civil rights and civil liberties guaranteed by the 
     First and Fourth Amendments to the Constitution of the United 
     States.
       ``(11) The terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 44801 
     of title 49, United States Code.
       ``(b) Authority of the Department of Homeland Security and 
     Department of Justice.--Notwithstanding section 46502 of 
     title 49, United States Code, or sections 32, 1030, 1367, and 
     chapters 119 and 206 of title 18, United States Code, the 
     Secretary and the Attorney General may, for their respective 
     Departments, take, and may authorize personnel with assigned 
     duties that include the safety, security, or protection of 
     people, facilities, or assets to take, actions described in 
     subsection (e)(2) that are necessary to detect, identify, 
     monitor, track, and mitigate a credible threat (as defined by 
     the Secretary and the Attorney General, in consultation with 
     the Secretary of Transportation through the Administrator of 
     the Federal Aviation Administration) that an unmanned 
     aircraft system or unmanned aircraft poses to the safety or 
     security of a covered facility or asset.
       ``(c) Additional Limited Authority for Detection, 
     Identification, Monitoring, and Tracking.--
       ``(1) In general.--Subject to paragraphs (2) and (3), and 
     notwithstanding sections 1030 and 1367 and chapters 119 and 
     206 of title 18, United States Code, any State, local, 
     Tribal, or territorial law enforcement agency, the Department 
     of Justice, the Department, and any owner or operator of an 
     airport or critical infrastructure may authorize personnel, 
     with assigned duties that include the safety, security, or 
     protection of people, facilities, or assets, to use equipment 
     authorized under this subsection to take actions described in 
     subsection (e)(1) that are necessary to detect, identify, 
     monitor, or track an unmanned aircraft system or unmanned 
     aircraft within the respective areas of responsibility or 
     jurisdiction of the authorized personnel.
       ``(2) Authorized equipment.--Equipment authorized for 
     unmanned aircraft system detection, identification, 
     monitoring, or tracking under this subsection shall be 
     limited to systems or technologies--
       ``(A) tested and evaluated by the Department or the 
     Department of Justice, including evaluation of any potential 
     counterintelligence or cybersecurity risks;
       ``(B) that are annually reevaluated for any changes in 
     risks, including counterintelligence and cybersecurity risks;
       ``(C) determined by the Federal Communications Commission 
     and the National Telecommunications and Information 
     Administration not to adversely impact the use of the 
     communications spectrum;
       ``(D) determined by the Federal Aviation Administration not 
     to adversely impact the use of the aviation spectrum or 
     otherwise adversely impact the national airspace system; and
       ``(E) that are included on a list of authorized equipment 
     maintained by the Department, in coordination with the 
     Department of Justice, the Federal Aviation Administration, 
     the Federal Communications Commission, and the National 
     Telecommunications and Information Administration.
       ``(3) State, local, tribal, and territorial compliance.--
     Each State, local, Tribal, or territorial law enforcement 
     agency or owner or operator of an airport or critical 
     infrastructure acting pursuant to this subsection shall--
       ``(A) prior to any such action, issue a written policy 
     certifying compliance with the privacy protections of 
     subparagraphs (A) through (D) of subsection (j)(2);

[[Page S5590]]

       ``(B) certify compliance with such policy to the Secretary 
     and the Attorney General annually, and immediately notify the 
     Secretary and Attorney General of any noncompliance with such 
     policy or the privacy protections of subparagraphs (A) 
     through (D) of subsection (j)(2); and
       ``(C) comply with any additional guidance issued by the 
     Secretary or the Attorney General relating to implementation 
     of this subsection.
       ``(4) Prohibition.--Nothing in this subsection shall be 
     construed to authorize the taking of any action described in 
     subsection (e) other than the actions described in paragraph 
     (1) of that subsection.
       ``(d) Pilot Program for State, Local, Tribal, and 
     Territorial Law Enforcement.--
       ``(1) In general.--The Secretary and the Attorney General 
     may carry out a pilot program to evaluate the potential 
     benefits of State, local, Tribal, and territorial law 
     enforcement agencies taking actions that are necessary to 
     mitigate a credible threat (as defined by the Secretary and 
     the Attorney General, in consultation with the Secretary of 
     Transportation through the Administrator of the Federal 
     Aviation Administration) that an unmanned aircraft system or 
     unmanned aircraft poses to the safety or security of a 
     covered facility or asset.
       ``(2) Designation.--
       ``(A) In general.--The Secretary or the Attorney General, 
     with the concurrence of the Secretary of Transportation 
     (through the Administrator of the Federal Aviation 
     Administration), may, under the pilot program established 
     under paragraph (1), designate 1 or more State, local, 
     Tribal, or territorial law enforcement agencies approved by 
     the respective chief executive officer of the State, local, 
     Tribal, or territorial law enforcement agency to engage in 
     the activities authorized in paragraph (4) under the direct 
     oversight of the Department or the Department of Justice, in 
     carrying out the responsibilities authorized under subsection 
     (a)(5)(C)(v).
       ``(B) Designation process.--
       ``(i) Number of agencies and duration.--On and after the 
     date that is 180 days after the date of enactment of the 
     Safeguarding the Homeland from the Threats Posed by Unmanned 
     Aircraft Systems Act of 2022, the Secretary and the Attorney 
     General, pursuant to subparagraph (A), may designate a 
     combined total of not more than 12 State, local, Tribal, and 
     territorial law enforcement agencies for participation in the 
     pilot program, and may designate 12 additional State, local, 
     Tribal, and territorial law enforcement agencies each year 
     thereafter, provided that not more than 60 State, local, 
     Tribal, and territorial law enforcement agencies in total may 
     be designated during the 5-year period of the pilot program.
       ``(ii) Revocation.--The Secretary and the Attorney General, 
     in consultation with the Secretary of Transportation (through 
     the Administrator of the Federal Aviation Administration)--

       ``(I) may revoke a designation under subparagraph (A) if 
     the Secretary, Attorney General, and Secretary of 
     Transportation (through the Administrator of the Federal 
     Aviation Administration) concur in the revocation; and
       ``(II) shall revoke a designation under subparagraph (A) if 
     the Secretary, the Attorney General, or the Secretary of 
     Transportation (through the Administrator of the Federal 
     Aviation Administration) withdraws concurrence.

       ``(3) Termination of pilot program.--
       ``(A) Designation.--The authority to designate an agency 
     for inclusion in the pilot program established under this 
     subsection shall terminate after the 5-year period beginning 
     on the date that is 180 days after the date of enactment of 
     the Safeguarding the Homeland from the Threats Posed by 
     Unmanned Aircraft Systems Act of 2022.
       ``(B) Authority of pilot program agencies.--The authority 
     of an agency designated under the pilot program established 
     under this subsection to exercise any of the authorities 
     granted under the pilot program shall terminate not later 
     than 6 years after the date that is 180 days after the date 
     of enactment of the Safeguarding the Homeland from the 
     Threats Posed by Unmanned Aircraft Systems Act of 2022, or 
     upon revocation pursuant to paragraph (2)(B)(ii).
       ``(4) Authorization.--Notwithstanding section 46502 of 
     title 49, United States Code, or sections 32, 1030, 1367 and 
     chapters 119 and 206 of title 18, United States Code, any 
     State, local, Tribal, or territorial law enforcement agency 
     designated pursuant to paragraph (2) may authorize personnel 
     with assigned duties that include the safety, security, or 
     protection of people, facilities, or assets to take such 
     actions as are described in subsection (e)(2) that are 
     necessary to detect, identify, monitor, track, or mitigate a 
     credible threat (as defined by the Secretary and the Attorney 
     General, in consultation with the Secretary of 
     Transportation, through the Administrator of the Federal 
     Aviation Administration) that an unmanned aircraft system or 
     unmanned aircraft poses to the safety or security of a 
     covered facility or asset under subsection (a)(5)(C)(v).
       ``(5) Exemption.--
       ``(A) In general.--Subject to subparagraph (B), the Chair 
     of the Federal Communications Commission, in consultation 
     with the Administrator of the National Telecommunications and 
     Information Administration, shall implement a process for 
     considering the exemption of 1 or more law enforcement 
     agencies designated under paragraph (2), or any station 
     operated by the agency, from any provision of title III of 
     the Communications Act of 1934 (47 U.S.C. 151 et seq.) to the 
     extent that the designated law enforcement agency takes such 
     actions as are described in subsection (e)(2) and may 
     establish conditions or requirements for such exemption.
       ``(B) Requirements.--The Chair of the Federal 
     Communications Commission, in consultation with the 
     Administrator of the National Telecommunications and 
     Information Administration, may grant an exemption under 
     subparagraph (A) only if the Chair of the Federal 
     Communications Commission in consultation with the 
     Administrator of the National Telecommunications and 
     Information Administration finds that the grant of an 
     exemption--
       ``(i) is necessary to achieve the purposes of this 
     subsection; and
       ``(ii) will serve the public interest.
       ``(C) Revocation.--Any exemption granted under subparagraph 
     (A) shall terminate automatically if the designation granted 
     to the law enforcement agency under paragraph (2)(A) is 
     revoked by the Secretary or the Attorney General under 
     paragraph (2)(B)(ii) or is terminated under paragraph (3)(B).
       ``(6) Reporting.--Not later than 2 years after the date on 
     which the first law enforcement agency is designated under 
     paragraph (2), and annually thereafter for the duration of 
     the pilot program, the Secretary and the Attorney General 
     shall inform the appropriate committees of Congress in 
     writing of the use by any State, local, Tribal, or 
     territorial law enforcement agency of any authority granted 
     pursuant to paragraph (4), including a description of any 
     privacy or civil liberties complaints known to the Secretary 
     or Attorney General in connection with the use of that 
     authority by the designated agencies.
       ``(7) Restrictions.--Any entity acting pursuant to the 
     authorities granted under this subsection--
       ``(A) may do so only using equipment authorized by the 
     Department, in coordination with the Department of Justice, 
     the Federal Communications Commission, the National 
     Telecommunications and Information Administration, and the 
     Department of Transportation (through the Federal Aviation 
     Administration) according to the criteria described in 
     subsection (c)(2);
       ``(B) shall, prior to any such action, issue a written 
     policy certifying compliance with the privacy protections of 
     subparagraphs (A) through (D) of subsection (j)(2);
       ``(C) shall ensure that all personnel undertaking any 
     actions listed under this subsection are properly trained in 
     accordance with the criteria that the Secretary and Attorney 
     General shall collectively establish, in consultation with 
     the Secretary of Transportation, the Administrator of the 
     Federal Aviation Administration, the Chair of the Federal 
     Communications Commission, the Assistant Secretary of 
     Commerce for Communications and Information, and the 
     Administrator of the National Telecommunications and 
     Information Administration; and
       ``(D) shall comply with any additional guidance relating to 
     compliance with this subsection issued by the Secretary or 
     Attorney General.
       ``(e) Actions Described.--
       ``(1) In general.--The actions authorized under subsection 
     (c) that may be taken by a State, local, Tribal, or 
     territorial law enforcement agency, the Department, the 
     Department of Justice, and any owner or operator of an 
     airport or critical infrastructure, are limited to actions 
     during the operation of an unmanned aircraft system, to 
     detect, identify, monitor, and track the unmanned aircraft 
     system or unmanned aircraft, without prior consent, including 
     by means of intercept or other access of a wire 
     communication, an oral communication, or an electronic 
     communication used to control the unmanned aircraft system or 
     unmanned aircraft.
       ``(2) Clarification.--The actions authorized in subsections 
     (b) and (d)(4) are the following:
       ``(A) During the operation of the unmanned aircraft system 
     or unmanned aircraft, detect, identify, monitor, and track 
     the unmanned aircraft system or unmanned aircraft, without 
     prior consent, including by means of intercept or other 
     access of a wire communication, an oral communication, or an 
     electronic communication used to control the unmanned 
     aircraft system or unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by passive or active, and direct 
     or indirect, physical, electronic, radio, and electromagnetic 
     means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent of the operator of 
     the unmanned aircraft system or unmanned aircraft, including 
     by disabling the unmanned aircraft system or unmanned 
     aircraft by intercepting, interfering, or causing 
     interference with wire, oral, electronic, or radio 
     communications used to control the unmanned aircraft system 
     or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to disable, 
     damage, or destroy the unmanned aircraft system or unmanned 
     aircraft.

[[Page S5591]]

       ``(f) Research, Testing, Training, and Evaluation.--
       ``(1) Requirement.--
       ``(A) In general.--Notwithstanding section 46502 of title 
     49, United States Code, or any provision of title 18, United 
     States Code, the Secretary, the Attorney General, and the 
     heads of the State, local, Tribal, or territorial law 
     enforcement agencies designated pursuant to subsection (d)(2) 
     shall conduct research, testing, training on, and evaluation 
     of any equipment, including any electronic equipment, to 
     determine the capability and utility of the equipment prior 
     to the use of the equipment in carrying out any action 
     described in subsection (e).
       ``(B) Coordination.--Personnel and contractors who do not 
     have duties that include the safety, security, or protection 
     of people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(2) Training of federal, state, local, territorial, and 
     tribal law enforcement personnel.--The Attorney General, 
     through the Director of the Federal Bureau of Investigation, 
     may--
       ``(A) provide training relating to measures to mitigate a 
     credible threat that an unmanned aircraft or unmanned 
     aircraft system poses to the safety or security of a covered 
     facility or asset to any personnel who are authorized to take 
     such measures, including personnel authorized to take the 
     actions described in subsection (e); and
       ``(B) establish or designate 1 or more facilities or 
     training centers for the purpose described in subparagraph 
     (A).
       ``(3) Coordination for research, testing, training, and 
     evaluation.--
       ``(A) In general.--The Secretary, the Attorney General, and 
     the heads of the State, local, Tribal, or territorial law 
     enforcement agencies designated pursuant to subsection (d)(2) 
     shall coordinate procedures governing research, testing, 
     training, and evaluation to carry out any provision under 
     this subsection with the Administrator of the Federal 
     Aviation Administration before initiating such activity in 
     order that the Administrator of the Federal Aviation 
     Administration may ensure the activity does not adversely 
     impact or interfere with safe airport operations, navigation, 
     air traffic services, or the safe and efficient operation of 
     the national airspace system.
       ``(B) Additional requirement.--Each head of a State, local, 
     Tribal, or territorial law enforcement agency designated 
     pursuant to subsection (d)(2) shall coordinate the procedures 
     governing research, testing, training, and evaluation of the 
     law enforcement agency through the Secretary and the Attorney 
     General, in coordination with the Federal Aviation 
     Administration.
       ``(g) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is lawfully seized by the Secretary or the 
     Attorney General pursuant to subsection (b) is subject to 
     forfeiture to the United States pursuant to the provisions of 
     chapter 46 of title 18, United States Code.
       ``(h) Regulations and Guidance.--The Secretary, the 
     Attorney General, and the Secretary of Transportation--
       ``(1) may prescribe regulations and shall issue guidance in 
     the respective areas of each Secretary or the Attorney 
     General to carry out this section; and
       ``(2) in developing regulations and guidance described in 
     subparagraph (A), consult the Chair of the Federal 
     Communications Commission, the Administrator of the National 
     Telecommunications and Information Administration, and the 
     Administrator of the Federal Aviation Administration.
       ``(i) Coordination.--
       ``(1) In general.--The Secretary and the Attorney General 
     shall coordinate with the Administrator of the Federal 
     Aviation Administration before carrying out any action 
     authorized under this section in order that the Administrator 
     may ensure the action does not adversely impact or interfere 
     with--
       ``(A) safe airport operations;
       ``(B) navigation;
       ``(C) air traffic services; or
       ``(D) the safe and efficient operation of the national 
     airspace system.
       ``(2) Guidance.--Before issuing any guidance, or otherwise 
     implementing this section, the Secretary or the Attorney 
     General shall, respectively, coordinate with--
       ``(A) the Secretary of Transportation in order that the 
     Secretary of Transportation may ensure the guidance or 
     implementation does not adversely impact or interfere with 
     any critical infrastructure relating to transportation; and
       ``(B) the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     guidance or implementation does not adversely impact or 
     interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system.
       ``(3) Coordination with the faa.--The Secretary and the 
     Attorney General shall coordinate the development of their 
     respective guidance under subsection (h) with the Secretary 
     of Transportation (through the Administrator of the Federal 
     Aviation Administration).
       ``(4) Coordination with the department of transportation 
     and national telecommunications and information 
     administration.--The Secretary and the Attorney General, and 
     the heads of any State, local, Tribal, or territorial law 
     enforcement agencies designated pursuant to subsection 
     (d)(2), through the Secretary and the Attorney General, shall 
     coordinate the development for their respective departments 
     or agencies of the actions described in subsection (e) with 
     the Secretary of Transportation (through the Administrator of 
     the Federal Aviation Administration), the Assistant Secretary 
     of Commerce for Communications and Information, and the 
     Administrator of the National Telecommunications and 
     Information Administration.
       ``(5) State, local, tribal, and territorial 
     implementation.--Prior to taking any action authorized under 
     subsection (d)(4), each head of a State, local, Tribal, or 
     territorial law enforcement agency designated under 
     subsection (d)(2) shall coordinate, through the Secretary and 
     the Attorney General--
       ``(A) with the Secretary of Transportation in order that 
     the Administrators of non-aviation modes of the Department of 
     Transportation may evaluate whether the action may have 
     adverse impacts on critical infrastructure relating to non-
     aviation transportation;
       ``(B) with the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     action will have no adverse impact, or will not, interfere 
     with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system; and
       ``(C) to allow the Department and the Department of Justice 
     to ensure that any action authorized by this section is 
     consistent with Federal law enforcement or in the interest of 
     national security.
       ``(j) Privacy Protection.--
       ``(1) In general.--Any regulation or guidance issued to 
     carry out an action under subsection (e) by the Secretary or 
     the Attorney General, respectively, shall ensure for the 
     Department or the Department of Justice, respectively, that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of any communication to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with the First 
     and Fourth Amendments to the Constitution of the United 
     States and any applicable provision of Federal law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft are intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (e);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary 
     or the Attorney General, as applicable, determines that 
     maintenance of the record is--
       ``(i) required under Federal law;
       ``(ii) necessary for the purpose of litigation; and
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by unmanned aircraft systems or unmanned aircraft; 
     and

       ``(D) a communication described in subparagraph (B) is not 
     disclosed to any person not employed or contracted by the 
     Department or the Department of Justice unless the 
     disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) will support--

       ``(I) the Department of Defense;
       ``(II) a Federal law enforcement, intelligence, or security 
     agency;
       ``(III) a State, local, Tribal, or territorial law 
     enforcement agency; or
       ``(IV) another relevant entity or person if the entity or 
     person is engaged in a security or protection operation;

       ``(iii) is necessary to support a department or agency 
     listed in clause (ii) in investigating or prosecuting a 
     violation of law;
       ``(iv) will support the enforcement activities of a Federal 
     regulatory agency relating to a criminal or civil 
     investigation of, or any regulatory, statutory, or other 
     enforcement action relating to, an action described in 
     subsection (e);
       ``(v) is between the Department and the Department of 
     Justice in the course of a security or protection operation 
     of either department or a joint operation of those 
     departments; or
       ``(vi) is otherwise required by law.
       ``(2) Local privacy protection.--In exercising any 
     authority described in subsection (c) or (d), a State, local, 
     Tribal, or territorial law enforcement agency designated 
     under subsection (d)(2) or owner or operator of an airport or 
     critical infrastructure shall ensure that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of communications to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with--
       ``(i) the First and Fourth Amendments to the Constitution 
     of the United States; and
       ``(ii) applicable provisions of Federal, and where 
     required, State, local, Tribal, and territorial law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft is intercepted or acquired only 
     to the

[[Page S5592]]

     extent necessary to support an action described in subsection 
     (e);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary, 
     the Attorney General, or the head of a State, local, Tribal, 
     or territorial law enforcement agency designated under 
     subsection (d)(2) determines that maintenance of the record 
     is--
       ``(i) required to be maintained under Federal, State, 
     local, Tribal, or territorial law;
       ``(ii) necessary for the purpose of any litigation; or
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security or protection 
     operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by an unmanned aircraft system or unmanned aircraft; 
     and

       ``(D) the communication is not disclosed outside the agency 
     or entity unless the disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) would support the Department of Defense, a Federal 
     law enforcement, intelligence, or security agency, or a 
     State, local, Tribal, or territorial law enforcement agency;
       ``(iii) would support the enforcement activities of a 
     Federal regulatory agency in connection with a criminal or 
     civil investigation of, or any regulatory, statutory, or 
     other enforcement action relating to, an action described in 
     subsection (e);
       ``(iv) is to the Department or the Department of Justice in 
     the course of a security or protection operation of either 
     the Department or the Department of Justice, or a joint 
     operation of the Department and Department of Justice; or
       ``(v) is otherwise required by law.
       ``(k) Budget.--
       ``(1) In general.--The Secretary and the Attorney General 
     shall submit to Congress, as a part of the homeland security 
     or justice budget materials for each fiscal year after fiscal 
     year 2023, a consolidated funding display that identifies the 
     funding source for the actions described in subsection (e) 
     within the Department and the Department of Justice.
       ``(2) Classification.--Each funding display submitted under 
     paragraph (1) shall be in unclassified form but may contain a 
     classified annex.
       ``(l) Public Disclosures.--
       ``(1) In general.--Notwithstanding any provision of State, 
     local, Tribal, or territorial law, information shall be 
     governed by the disclosure obligations set forth in section 
     552 of title 5, United States Code (commonly known as the 
     `Freedom of Information Act'), if the information relates 
     to--
       ``(A) any capability, limitation, or sensitive detail of 
     the operation of any technology used to carry out an action 
     described in subsection (e)(1) of this section; or
       ``(B) an operational procedure or protocol used to carry 
     out this section.
       ``(2) State, local, tribal, or territorial agency use.--
       ``(A) Control.--Information described in paragraph (1) that 
     is obtained by a State, local, Tribal, or territorial law 
     enforcement agency from a Federal agency under this section--
       ``(i) shall remain subject to the control of the Federal 
     agency, notwithstanding that the State, local, Tribal, or 
     territorial law enforcement agency has the information 
     described in paragraph (1) in the possession of the State, 
     local, Tribal, or territorial law enforcement agency; and
       ``(ii) shall not be subject to any State, local, Tribal, or 
     territorial law authorizing or requiring disclosure of the 
     information described in paragraph (1).
       ``(B) Access.--Any request for public access to information 
     described in paragraph (1) shall be submitted to the 
     originating Federal agency, which shall process the request 
     as required under section 552(a)(3) of title 5, United States 
     Code.
       ``(m) Assistance and Support.--
       ``(1) Facilities and services of other agencies and non-
     federal entities.--
       ``(A) In general.--The Secretary and the Attorney General 
     are authorized to use or accept from any other Federal 
     agency, or any other public or private entity, any supply or 
     service to facilitate or carry out any action described in 
     subsection (e).
       ``(B) Reimbursement.--In accordance with subparagraph (A), 
     the Secretary and the Attorney General may accept any supply 
     or service with or without reimbursement to the entity 
     providing the supply or service and notwithstanding any 
     provision of law that would prevent the use or acceptance of 
     the supply or service.
       ``(C) Agreements.--To implement the requirements of 
     subsection (a)(5)(C), the Secretary or the Attorney General 
     may enter into 1 or more agreements with the head of another 
     executive agency or with an appropriate official of a non-
     Federal public or private agency or entity, as may be 
     necessary and proper to carry out the responsibilities of the 
     Secretary and Attorney General under this section.
       ``(2) Mutual support.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary and the Attorney General are authorized to provide 
     support or assistance, upon the request of a Federal agency 
     or department conducting--
       ``(i) a mission described in subsection (a)(5)(C);
       ``(ii) a mission described in section 130i of title 10, 
     United States Code; or
       ``(iii) a mission described in section 4510 of the Atomic 
     Energy Defense Act (50 U.S.C. 2661).
       ``(B) Requirements.--Any support or assistance provided by 
     the Secretary or the Attorney General shall only be granted--
       ``(i) for the purpose of fulfilling the roles and 
     responsibilities of the Federal agency or department that 
     made the request for the mission for which the request was 
     made;
       ``(ii) when exigent circumstances exist;
       ``(iii) for a specified duration and location;
       ``(iv) within available resources;
       ``(v) on a non-reimbursable basis; and
       ``(vi) in coordination with the Administrator of the 
     Federal Aviation Administration.
       ``(n) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning 180 days 
     after the date of enactment of the Safeguarding the Homeland 
     from the Threats Posed by Unmanned Aircraft Systems Act of 
     2022, the Secretary and the Attorney General shall, 
     respectively, provide a briefing to the appropriate 
     committees of Congress on the activities carried out pursuant 
     to this section.
       ``(2) Requirement.--The Secretary and the Attorney General 
     each shall conduct the briefing required under paragraph (1) 
     jointly with the Secretary of Transportation.
       ``(3) Content.--Each briefing required under paragraph (1) 
     shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of activities carried out pursuant to this 
     section to the national airspace system and other critical 
     infrastructure relating to national transportation;
       ``(B) a description of--
       ``(i) each instance in which any action described in 
     subsection (e) has been taken, including any instances that 
     may have resulted in harm, damage, or loss to a person or to 
     private property;
       ``(ii) the guidance, policies, or procedures established by 
     the Secretary or the Attorney General to address privacy, 
     civil rights, and civil liberties issues implicated by the 
     actions permitted under this section, as well as any changes 
     or subsequent efforts by the Secretary or the Attorney 
     General that would significantly affect privacy, civil 
     rights, or civil liberties;
       ``(iii) options considered and steps taken by the Secretary 
     or the Attorney General to mitigate any identified impacts to 
     the national airspace system relating to the use of any 
     system or technology, including the minimization of the use 
     of any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (e)(2); and
       ``(iv) each instance in which a communication intercepted 
     or acquired during the course of operations of an unmanned 
     aircraft system or unmanned aircraft was--

       ``(I) held in the possession of the Department or the 
     Department of Justice for more than 180 days; or
       ``(II) shared with any entity other than the Department or 
     the Department of Justice;

       ``(C) an explanation of how the Secretary, the Attorney 
     General, and the Secretary of Transportation have--
       ``(i) informed the public as to the possible use of 
     authorities granted under this section; and
       ``(ii) engaged with Federal, State, local, Tribal, and 
     territorial law enforcement agencies to implement and use 
     authorities granted under this section;
       ``(D) an assessment of whether any gaps or insufficiencies 
     remain in laws, regulations, and policies that impede the 
     ability of the Federal Government or State, local, Tribal, 
     and territorial governments and owners or operators of 
     critical infrastructure to counter the threat posed by the 
     malicious use of unmanned aircraft systems and unmanned 
     aircraft;
       ``(E) an assessment of efforts to integrate unmanned 
     aircraft system threat assessments within National Special 
     Security Event and Special Event Assessment Rating planning 
     and protection efforts;
       ``(F) recommendations to remedy any gaps or insufficiencies 
     described in subparagraph (D), including recommendations 
     relating to necessary changes in law, regulations, or 
     policies;
       ``(G) a description of the impact of the authorities 
     granted under this section on--
       ``(i) lawful operator access to national airspace; and
       ``(ii) unmanned aircraft systems and unmanned aircraft 
     integration into the national airspace system; and
       ``(H) a summary from the Secretary of any data and results 
     obtained pursuant to subsection (r), including an assessment 
     of--
       ``(i) how the details of the incident were obtained; and
       ``(ii) whether the operation involved a violation of 
     Federal Aviation Administration aviation regulations.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(5) Notification.--
       ``(A) In general.--Not later than 30 days after an 
     authorized department, agency, or owner or operator of an 
     airport or critical infrastructure deploys any new technology 
     to carry out the actions described in subsection (e), the 
     Secretary and the Attorney General shall, respectively or 
     jointly, as appropriate, submit a notification of the 
     deployment to the appropriate committees of Congress.

[[Page S5593]]

       ``(B) Contents.--Each notification submitted pursuant to 
     subparagraph (A) shall include a description of options 
     considered to mitigate any identified impacts to the national 
     airspace system relating to the use of any system or 
     technology, including the minimization of the use of any 
     technology that disrupts the transmission of radio or 
     electronic signals in carrying out the actions described in 
     subsection (e).
       ``(o) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) vest in the Secretary, the Attorney General, or any 
     State, local, Tribal, or territorial law enforcement agency, 
     authorized under subsection (c) or designated under 
     subsection (d)(2) any authority of the Secretary of 
     Transportation or the Administrator of the Federal Aviation 
     Administration;
       ``(2) vest in the Secretary of Transportation, the 
     Administrator of the Federal Aviation Administration, or any 
     State, local, Tribal, or territorial law enforcement agency 
     designated under subsection (d)(2) any authority of the 
     Secretary or the Attorney General;
       ``(3) vest in the Secretary any authority of the Attorney 
     General;
       ``(4) vest in the Attorney General any authority of the 
     Secretary; or
       ``(5) provide a new basis of liability with respect to an 
     officer of a State, local, Tribal, or territorial law 
     enforcement agency designated under subsection (d)(2) or who 
     participates in the protection of a mass gathering identified 
     by the Secretary or Attorney General under subsection 
     (a)(5)(C)(iii)(II), who--
       ``(A) is acting in the official capacity of the individual 
     as an officer; and
       ``(B) does not exercise the authority granted to the 
     Secretary and the Attorney General by this section.
       ``(p) Termination.--
       ``(1) Termination of additional limited authority for 
     detection, identification, monitoring, and tracking.--The 
     authority to carry out any action authorized under subsection 
     (c), if performed by a non-Federal entity, shall terminate on 
     the date that is 5 years and 6 months after the date of 
     enactment of the Safeguarding the Homeland from the Threats 
     Posed by Unmanned Aircraft Systems Act of 2022 and the 
     authority for the pilot program established under subsection 
     (d) shall terminate as provided for in paragraph (3) of that 
     subsection.
       ``(2) Termination of authorities with respect to covered 
     facilities and assets.--The authority to carry out this 
     section with respect to a covered facility or asset shall 
     terminate on the date that is 7 years after the date of 
     enactment of the Safeguarding the Homeland from the Threats 
     Posed by Unmanned Aircraft Systems Act of 2022.
       ``(q) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Secretary or the Attorney General 
     with any additional authority other than the authorities 
     described in subsections (a)(5)(C)(iii), (b), (c), (d), and 
     (f).
       ``(r) United States Government Database.--
       ``(1) Authorization.--The Department is authorized to 
     develop a Federal database to enable the transmission of data 
     concerning security-related incidents in the United States 
     involving unmanned aircraft and unmanned aircraft systems 
     between Federal, State, local, Tribal, and territorial law 
     enforcement agencies for purposes of conducting analyses of 
     such threats in the United States.
       ``(2) Policies, plans, and procedures.--
       ``(A) Coordination and consultation.--Before implementation 
     of the database developed under paragraph (1), the Secretary 
     shall develop policies, plans, and procedures for the 
     implementation of the database--
       ``(i) in coordination with the Attorney General, the 
     Secretary of Defense, and the Secretary of Transportation 
     (through the Administrator of the Federal Aviation 
     Administration); and
       ``(ii) in consultation with State, local, Tribal, and 
     territorial law enforcement agency representatives, including 
     representatives of fusion centers.
       ``(B) Reporting.--The policies, plans, and procedures 
     developed under subparagraph (A) shall include criteria for 
     Federal, State, local, Tribal, and territorial reporting of 
     unmanned aircraft systems or unmanned aircraft incidents.
       ``(C) Data retention.--The policies, plans, and procedures 
     developed under subparagraph (A) shall ensure that data on 
     security-related incidents in the United States involving 
     unmanned aircraft and unmanned aircraft systems that is 
     retained as criminal intelligence information is retained 
     based on the reasonable suspicion standard, as permitted 
     under part 23 of title 28, Code of Federal Regulations.''.
                                 ______
                                 
  SA 6055. 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 III, add the following:

     SEC. 322. ASSURANCE OF INTEGRITY OF OVERSEAS FUEL SUPPLIES.

       (a) In General.--Before awarding a contract to an offeror 
     for the supply of fuel to any location outside the United 
     States in which the United States is engaged in contingency 
     operations, the Secretary of Defense shall--
       (1) ensure, to the maximum extent practicable, that no 
     otherwise responsible offeror is disqualified on the basis of 
     an unsupported denial of access to a facility or equipment by 
     the government of the host country; and
       (2) ensure that the offeror complies with the requirements 
     of subsection (b)
       (b) Requirement.--An offeror offering to supply fuel to any 
     location of the Department of Defense outside the United 
     States shall--
       (1) certify to the Secretary of Defense that it has not 
     been suspended or debarred from receiving Federal Government 
     contracts;
       (2) certify to the Secretary that the provided fuel, in 
     whole or in part, or its derivatives, is not sourced from a 
     country or region prohibited from selling petroleum to the 
     United States, such as Iran or Venezuela;
       (3) furnish to the Secretary such records as are necessary 
     to verify compliance with such anti-corruption statutes and 
     regulations as the Secretary determines necessary, 
     including--
       (A) the Foreign Corrupt Practices Act of 1977 (Public Law 
     95-213);
       (B) the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations;
       (C) the Export Administration Regulations, as defined in 
     section 1742 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4801); and
       (D) such regulations as may be prescribed by the Office of 
     Foreign Assets Control of the Department of the Treasury;
       (4) disclose to the Secretary any relevant communications 
     between the offeror and relevant individuals, organizations, 
     or governments that directly or indirectly control physical 
     access to the location at which the contract is to be 
     performed; and
       (5) disclose to the Secretary any employees of, or 
     consultants to, the offeror that worked for the Department of 
     Defense in any contracting or policymaking position during 
     the 10-year period before the offer.
       (c) Provision of Fuel as a Logistics Service.--Section 
     880(c)(3) of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232, 
     41 U.S.C. 3701 note) is amended by inserting ``, including 
     bulk fuel supply and delivery,'' after ``logistics 
     services''.
       (d) Report Required.--Not later than 180 days after the 
     award of a contract exceeding $50,000,000 in value for the 
     supply of fuel to any location outside the United States in 
     which the United States is engaged in contingency operations, 
     the Inspector General of the Department of Defense shall 
     submit to the congressional defense committees a report 
     including--
       (1) an assessment of the price per gallon for fuel under 
     the contract along with an assessment of the price per gallon 
     for fuel paid by other organizations in the same country or 
     region of the country; and
       (2) an assessment of the ability of the contractor to 
     comply with sanctions with respect to Iran and monitor for 
     violations of those sanctions.
                                 ______
                                 
  SA 6056. 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 of subtitle B of title VIII, add the following:

     SEC. 829. MODIFICATION OF CONTRACTS AND OPTIONS TO PROVIDE 
                   ECONOMIC PRICE ADJUSTMENTS.

       (a) Authority.--Notwithstanding any other provision of law, 
     amounts authorized to be appropriated by this Act for the 
     Department of Defense may be used to modify the terms and 
     conditions of a contract or option, without consideration, to 
     provide an economic price adjustment consistent with sections 
     16.203-1 and 16.203-2 of the Federal Acquisition Regulation 
     during the relevant period of performance for that contract 
     or option and as specified in section 16.203-3 of the Federal 
     Acquisition Regulation.
       (b) Guidance.--Not later than 30 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition and Sustainment shall issue guidance implementing 
     the authority under this section.
                                 ______
                                 
  SA 6057. 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,

[[Page S5594]]

to 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--Western Hemisphere Partnership

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Western Hemisphere 
     Partnership Act of 2022''.

     SEC. 1282. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.

       It is the policy of the United States to promote security, 
     stability, economic prosperity, and democratic governance in 
     the Western Hemisphere by--
       (1) enhancing the capacity and technical capabilities of 
     partner nation government institutions, including civilian 
     law enforcement, the judiciary, and security forces;
       (2) encouraging private sector-led economic growth, respect 
     for property rights, the rule of law, and enforceable 
     investment rules; and
       (3) advancing the principles and practices expressed in the 
     Charter of the Organization of American States, the American 
     Declaration on the Rights and Duties of Man, and the Inter-
     American Democratic Charter.

     SEC. 1283. PROMOTING SECURITY AND STABILITY IN THE WESTERN 
                   HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should strengthen security cooperation with 
     democratic nations in the Western Hemisphere to promote a 
     secure hemisphere and to address the negative impacts of 
     transnational criminal organizations and malign external 
     state actors.
       (b) Collaborative Efforts.--The Secretary of State, in 
     coordination with the Secretary of Defense and the heads of 
     other relevant Federal agencies, may support the improvement 
     of security conditions in the Western Hemisphere through 
     collaborative efforts that--
       (1) enhance the institutional capacity and technical 
     capabilities of defense and security institutions in 
     democratic partner nations to conduct national or regional 
     security missions, including through regular bilateral and 
     multilateral engagements, foreign military sales and 
     financing, international military education, and training 
     programs, and other means;
       (2) provide technical assistance and material support 
     (including, as appropriate, radars, vessels, and 
     communications equipment) to relevant security forces to 
     disrupt, degrade, and dismantle organizations involved in 
     illicit narcotics trafficking, transnational criminal 
     activities, illicit mining, and illegal, unreported, and 
     unregulated fishing, and other illicit activities;
       (3) enhance the institutional capacity and technical 
     capabilities of relevant civilian law enforcement and 
     judicial institutions to strengthen the rule of law, respect 
     of internationally-recognized human rights, and transparent 
     governance and to improve regional cooperation to disrupt, 
     degrade, and dismantle transnational organized criminal 
     networks, terrorist organizations, including training and 
     anticorruption programs and technical solutions and 
     resources;
       (4) enhance port management and maritime security 
     partnerships and airport management and aviation security 
     partnerships to disrupt, degrade, and dismantle transnational 
     criminal networks and facilitate the legitimate flow of 
     people, goods, and services;
       (5) strengthen cooperation to deter illegal migration 
     across the Western Hemisphere, dismantle human smuggling and 
     trafficking networks, and increase cooperation to 
     demonstrably strengthen migration management systems;
       (6) counter the malign influence of state and non-state 
     actors and misinformation and disinformation campaigns;
       (7) foster 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; and
       (8) foster regional mechanisms for early warning and 
     response to pandemics in the Western Hemisphere, including 
     through--
       (A) improved cooperation with and research by the United 
     States Centers for Disease Control and Prevention through 
     regional pandemic response centers;
       (B) personnel exchanges for technology transfer and skills 
     development; and
       (C) surveying and mapping of health networks to build local 
     health capacity.
       (c) Limitations on Use of Technologies.--Operational 
     technologies transferred pursuant to subsection (b) to 
     partner governments for intelligence, defense, or law 
     enforcement purposes should be used solely for the purposes 
     for which the technology was intended. The United States 
     shall take all necessary steps to ensure that the use of such 
     operational technologies is consistent with United States 
     law, including protections of freedom of expression, freedom 
     of movement, and freedom of association.

     SEC. 1284. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE 
                   WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support digitalization and expand 
     cybersecurity cooperation in the Western Hemisphere to 
     promote economic prosperity and security of the region.
       (b) Promotion of Digitalization and Cybersecurity.--The 
     Secretary of State, in coordination with the heads of other 
     relevant Federal agencies, may promote digitalization and 
     cybersecurity in the Western Hemisphere through collaborative 
     efforts that--
       (1) promote connectivity and facilitation for e-commerce by 
     trusted companies through bilateral or multilateral 
     agreements or other relevant memoranda of understanding--
       (A) to open market access on a national treatment, 
     nondiscriminatory basis;
       (B) to establish understandings and agreements on 
     cybersecurity and appropriate ``rules of the road'' on other 
     cyber issues through cyber diplomacy; and
       (C) to help partner countries make their cyber 
     infrastructure more resilient to attacks and easier to 
     restore after an attack;
       (2) advance the provision of digitized government services 
     with the greatest likelihood of promoting transparency, 
     lowering business costs, and expanding citizens' access to 
     public services and public information; and
       (3) develop robust cybersecurity partnerships--
       (A) to share best practices to mitigate the risks to 
     digital infrastructure from--
       (i) the inclusion of components and architectures from 
     untrusted providers in digital networks and communications 
     supply chains; and
       (ii) the management of architectures by untrusted 
     providers, particularly providers with close ties to, or that 
     are susceptible to pressure from, governments or security 
     services without reliable legal checks on governmental 
     powers;
       (B) to effectively respond to cybersecurity threats, 
     including state-sponsored threats; and
       (C) to strengthen resilience against cyberattacks and 
     cybercrime.
       (c) Notification Requirement.--Any agreement, instrument, 
     or memoranda of understanding, including any accompanying 
     annexes, apendices, and implementation plans, related to 
     efforts undertaken pursuant to subsection (b) should be 
     submitted to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives not later than 30 days after completion of 
     the agreement, instrument, or memoranda.

     SEC. 1285. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN 
                   THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should enhance economic and commercial ties 
     with partners in the region to promote a prosperous Western 
     Hemisphere by modernizing and deepening trade and investment 
     frameworks, encouraging market-based economic reforms, and 
     encouraging transparency and adherence to the rule of law in 
     investment dealings.
       (b) In General.--The Secretary of State, in coordination 
     with the United States Trade Representative, the Chief 
     Executive Officer of the Development Finance Corporation, and 
     other relevant Federal agencies, may support the improvement 
     of economic conditions in the Western Hemisphere through 
     collaborative efforts that--
       (1) facilitate a more open, transparent, and competitive 
     environment for United States businesses and promote robust 
     and comprehensive trade capacity-building and trade 
     facilitation by--
       (A) reducing trade and nontariff barriers between the 
     countries in the region, establishing a mechanism for 
     pursuing Mutual Recognition Agreements and Formalized 
     Regulatory Cooperation Agreements in priority sectors of the 
     economy;
       (B) establishing a forum for discussing and evaluating 
     technical and other assistance needs to help establish 
     streamlined ``single window'' processes to facilitate 
     movement of goods and common customs arrangements and 
     procedures to lower costs of goods in transit and speed to 
     destination;
       (C) building relationships and exchanges between relevant 
     regulatory bodies in the United States and democratic 
     countries in the Western Hemisphere to promote best practices 
     and transparency in rulemaking, implementation, and 
     enforcement, and provide training and assistance to help 
     improve supply chain management in the Western Hemisphere;
       (D) establishing regional fora for identifying, raising, 
     and addressing supply chain management issues, including 
     infrastructure needs and strengthening of investment rules 
     and regulatory frameworks; and
       (E) establishing a dedicated program of trade missions and 
     reverse trade missions to increase commercial contacts and 
     ties between the United States and Western Hemisphere partner 
     countries;
       (2) establish frameworks or mechanisms to review the long-
     term financial sustainability and security implications of 
     foreign investments in strategic sectors or services;
       (3) establish competitive and transparent infrastructure 
     project selection and procurement processes that promote 
     transparency, open competition, financial sustainability, and 
     robust adherence to global standards and norms; and
       (4) advance robust and comprehensive energy production and 
     integration, including

[[Page S5595]]

     through a more open, transparent, and competitive environment 
     for United States companies competing in the Western 
     Hemisphere, including by--
       (A) facilitating further development of integrated regional 
     energy markets;
       (B) improving management of grids, including technical 
     capability to ensure the trustworthiness of electricity 
     providers, carriers, and management and distribution systems;
       (C) facilitating private sector-led development of reliable 
     power generation capacity;
       (D) establishing a process for surveying grid capacity and 
     management focused on identifying electricity service 
     efficiencies and establishing cooperative mechanisms for 
     providing technical assistance for--
       (i) grid management, power pricing, and tariff issues;
       (ii) establishing and maintaining appropriate regulatory 
     best practices; and
       (iii) proposals to establish regional power grids for the 
     purpose of promoting the sale of excess supply to consumers 
     across borders; and
       (E) exploring opportunities to partner with the private 
     sector and multilateral institutions, such as the World Bank 
     and the Inter-American Development Bank, to promote universal 
     access to reliable and affordable electricity in the Western 
     Hemisphere.

     SEC. 1286. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE 
                   IN THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support efforts to strengthen the 
     capacity of democratic governance institutions and processes 
     in the Western Hemisphere to promote a more transparent, 
     democratic, and prosperous region.
       (b) In General.--The Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development and heads of other relevant Federal 
     agencies, should support strengthening of democratic 
     institutions and promoting transparence in the Western 
     Hemisphere through collaborative efforts that--
       (1) strengthen the capacity of national electoral 
     institutions to ensure free, fair, and transparent electoral 
     processes, including through pre-election assessment 
     missions, technical assistance, and independent local and 
     international election monitoring and observation missions;
       (2) enhance the capabilities of democratically elected 
     national legislatures, parliamentary bodies, and autonomous 
     regulatory institutions to conduct oversight;
       (3) strengthen the capacity of subnational government 
     institutions to govern in a democratic and transparent 
     manner, including through training and technical assistance;
       (4) facilitate substantive collaborative dialogue between 
     government, civil society, and the private sector to generate 
     issue-based policies; and
       (5) combat corruption at local and national levels, 
     including through trainings, cooperation agreements, and 
     bilateral or multilateral anticorruption mechanisms that 
     strengthen attorneys general and prosecutors offices.

     SEC. 1287. WESTERN HEMISPHERE DEFINED.

       In this subtitle, the term ``Western Hemisphere'' does not 
     include Cuba, Nicaragua, or Venezuela, except for purposes of 
     section 1286.
                                 ______
                                 
  SA 6058. 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 XVI, insert the 
     following:

     SEC. ___. SHARING CYBER CAPABILITIES AND RELATED INFORMATION 
                   WITH FOREIGN OPERATIONAL PARTNERS.

       (a) Authorization.--Chapter 19 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 398. Sharing cyber capabilities and related 
       information with foreign operational partners

       ``(a) Authority to Share Cyber Capabilities.--The Secretary 
     of Defense may, in consultation with the Secretary of State, 
     provide cyber capabilities and related information developed 
     or procured by the Department of Defense to foreign countries 
     or organizations described in subsection (b) without 
     compensation, if the Secretary determines that the provision 
     of such cyber capabilities is primarily for the benefit of 
     the United States.
       ``(b) Foreign Countries and Organizations Described.--The 
     foreign countries or organizations described in this 
     subsection are the following:
       ``(1) The defense or security ministry of a member country 
     of the North Atlantic Treaty Organization, the Government of 
     Australia, the Government of Japan, the Government of the 
     Republic of Korea, the Government of Israel, or the 
     Government of New Zealand.
       ``(2) A subsidiary of the North Atlantic Treaty 
     Organization.
       ``(3) The defense or security ministry of a country other 
     than a country described in paragraph (1), if the Secretary 
     determines that sharing capabilities under subsection (a) 
     with such defense or security ministry is in the national 
     security interest of the United States.
       ``(c) Procedures.--(1) Prior to the first use of the 
     authority provided by subsection (a), the Secretary of 
     Defense shall establish and submit to the appropriate 
     committees of Congress procedures for a coordination process 
     for subseciton (a) that is consistent with the operational 
     timelines required to support the national security of the 
     United States.
       ``(2) The Secretary shall promptly notify the appropriate 
     committees of Congress in writing of any changes to the 
     procedures established under paragraph (1) at least 14 days 
     prior to the adoption of any such changes.
       ``(d) Notification Required.--(1) The Secretary of Defense 
     shall promptly submit to the appropriate committees of 
     Congress notice in writing of any use of the authority 
     provided by subsection (a) no later than 48 hours following 
     the use of the authority.
       ``(2) Notification under paragraph (1) shall include a 
     certification that the provision of the cyber capabilities 
     was primarily for the benefit of the United States.
       ``(e) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the congressional defense committees;
       ``(B) the Committee on Foreign Relations of the Senate; and
       ``(C) Committee on Foreign Affairs of the House of 
     Representatives.
       ``(2) The term `cyber capability' means a device or 
     computer program, including any combination of software, 
     firmware, or hardware, designed to create an effect in or 
     through cyberspace.''.
       (b) Table of Sections Amendment.--The table of sections at 
     the beginning of such chapter is amended by adding at the end 
     the following new item:

``398. Sharing cyber capabilities and related information with foreign 
              operational partners.''.
                                 ______
                                 
  SA 6059. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS IN 
                   KEY WEST, FLORIDA.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the Navy shall 
     commence the conduct of an audit to assess--
       (1) the conditions of housing units at Naval Air Station 
     Key West Sigsbee Park Annex;
       (2) the percentage of those units that are considered 
     unsafe or unhealthy housing units;
       (3) the process used to report housing concerns relating to 
     those units;
       (4) the extent to which individuals who experience unsafe 
     or unhealthy housing units at Naval Air Station Key West 
     Sigsbee Park Annex incur relocation, per diem, or similar 
     expenses as a direct result of displacement that are not 
     covered by a landlord, insurance, or claims process and the 
     feasibility of providing reimbursement for uncovered 
     expenses; and
       (5) what is needed to provide appropriate and safe living 
     quarters for members of the Armed Forces and their families 
     in Key West, Florida.
       (b) Report.--Not later than 90 days after the commencement 
     of the audit under subsection (a), the Secretary of the Navy 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     results of the audit.
       (c) Definitions.--In this section:
       (1) Privatized military housing.--The term ``privatized 
     military housing'' means military housing provided under 
     subchapter IV of chapter 169 of title 10, United States Code.
       (2) Unsafe or unhealthy housing unit.--The term ``unsafe or 
     unhealthy housing unit'' means a unit of privatized military 
     housing in which is present, at levels exceeding national 
     standards or guidelines, at least one of the following 
     hazards:
       (A) Physiological hazards, including the following:
       (i) Dampness or microbial growth.
       (ii) Lead-based paint.
       (iii) Asbestos or manmade fibers.
       (iv) Ionizing radiation.
       (v) Biocides.
       (vi) Carbon monoxide.
       (vii) Volatile organic compounds.
       (viii) Infectious agents.
       (ix) Fine particulate matter.
       (B) Psychological hazards, including the following:
       (i) Ease of access by unlawful intruders.
       (ii) Lighting issues.
       (iii) Poor ventilation.

[[Page S5596]]

       (iv) Safety hazards.
       (v) Other hazards similar to the hazards specified in 
     clauses (i) through (iv).
                                 ______
                                 
  SA 6060. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. INDEPENDENT REVIEW COMMITTEE ON PREVENTABLE DEATHS 
                   AT MILITARY INSTALLATIONS IN THE UNITED STATES.

       (a) In General.--There is established within the Department 
     of Defense an independent review committee (in this section 
     referred to as the ``Committee'') to review recent deaths 
     among members of the Armed Forces at military installations 
     in the United States.
       (b) Members.--
       (1) In general.--The Secretary of Defense shall select 
     members of the Committee from among individuals who have 
     experience in the Armed Forces (whether on active duty, in 
     the reserve components, or at a military service academy) and 
     are not currently employed by the Federal Government.
       (2) Expertise.--In selecting members of the Committee under 
     paragraph (1), the Secretary shall ensure that each such 
     member has a background in law enforcement, military or 
     criminal investigations, or military or criminal legal 
     proceedings.
       (c) Duties.--
       (1) Review.--The Committee shall carry out a review of 
     whether the relevant commands and units at military 
     installations in the United States were operating within the 
     spirit of applicable policies of the Department of Defense 
     and the applicable military department for post-traumatic 
     stress disorder, suicides, substance use disorders, and 
     investigations of deaths, with a focus on overdose deaths and 
     fentanyl.
       (2) Elements.--The review carried out under paragraph (1) 
     shall include the following:
       (A) An assessment of the staffing level, training, 
     education, and ability of leaders at all levels to receive 
     and respond to substance use disorder, post-traumatic stress 
     disorder, suicide, and death at military installations in the 
     United States.
       (B) An assessment of the climate and culture regarding 
     self-reporting for members of the Armed Forces at military 
     installations in the United States to determine stigmas and 
     ways to avoid those stigmas to ensure such members get the 
     care they need without fear of negative impact on their 
     career.
       (C) An assessment of the impact of substance use on the 
     readiness of such members at military installations in the 
     United States.
       (D) An assessment of whether or not proper execution of the 
     requirements under chapter 47 of title 10, United States Code 
     (the Uniform Code of Military Justice), has been carried out 
     in cases involved substance abuse and potential drug related 
     deaths.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, the Committee shall submit to the 
     Secretary of Defense and the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     findings of the Committee.
       (e) Military Service Academy Defined.--In this section, the 
     term ``military service academy'' means the following:
       (1) The United States Military Academy, West Point, New 
     York.
       (2) The United States Naval Academy, Annapolis, Maryland.
       (3) The United States Air Force Academy, Colorado Springs, 
     Colorado.
       (4) The United States Coast Guard Academy, New London, 
     Connecticut.
       (5) The United States Merchant Marine Academy, Kings Point, 
     New York.
                                 ______
                                 
  SA 6061. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle B of title VII, add the following:

     SEC. 730. TRAINING FOR MEDICAL PROFESSIONALS ON USE OF 
                   INDIVIDUAL LONGITUDINAL EXPOSURE RECORD.

       Beginning on October 1, 2023, the Secretary of Defense 
     shall provide mandatory training not less frequently than 
     annually to primary care providers and relevant specialty 
     care providers of the Department of Defense, as determined by 
     the Director of the Defense Health Agency, on how to use the 
     Individual Longitudinal Exposure Record and when it would be 
     appropriate to consult such record given patient symptoms and 
     history.
                                 ______
                                 
  SA 6062. 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 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. ___. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS 
                   AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC 
                   STRESS DISORDER.

       (a) Training for Claims Processors Who Handle Claims 
     Relating to Post-Traumatic Stress Disorder.--
       (1) Update training programs.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall, acting through the Under Secretary 
     for Benefits, update an ongoing, national training program 
     for claims processors who review claims for compensation for 
     service-connected post-traumatic stress disorder.
       (2) Participation required.--Beginning on the date that is 
     180 days after the date of the enactment of this Act, the 
     Secretary shall require that each claims processor described 
     in paragraph (1) participates in the training established 
     under paragraph (1) at least once each year beginning in the 
     second year in which the claims processor carries out the 
     duties of the claims processor for the Department.
       (3) Required elements.--The training established under 
     paragraph (1) shall include instruction on stressor 
     development and verification.
       (b) Standardization of Training at Regional Offices.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary, acting through the Under Secretary, shall 
     standardize the training provided at regional offices of the 
     Veterans Benefits Administration to the employees of such 
     regional offices.
       (c) Formal Process for Conduct of Annual Analysis of 
     Trends.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, acting through the 
     Under Secretary, shall establish a formal process to analyze, 
     on an annual basis, training needs based on identified 
     processing error trends.
       (d) Formal Process for Conduct of Annual Studies.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, acting through the 
     Under Secretary, shall establish a formal process to conduct, 
     on an annual basis, studies to help guide the national 
     training program established under subsection (a)(1).
       (2) Elements.--Each study conducted under paragraph (1) 
     shall cover the following:
       (A) Military post-traumatic stress disorder stressors.
       (B) Decisionmaking claims for claims processors.
       (e) Annual Updates to Post-Traumatic Stress Disorder 
     Procedural Guidance.--Not later than 180 days after the date 
     of the enactment of this Act and not less frequently than 
     once each year thereafter, the Secretary, acting through the 
     Under Secretary, shall evaluate the guidance relating to post 
     traumatic stress disorder to determine if updates are 
     warranted to provide claims processors of the Department with 
     better resources regarding best practices for claims 
     processing, including specific guidance regarding development 
     of claims involving compensation for service-connected 
     posttraumatic stress disorder.
                                 ______
                                 
  SA 6063. 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 D of title VI, add the following:

     SEC. 632. LIMITATIONS ON SALE AND USE OF PORTABLE HEATING 
                   DEVICES ON MILITARY INSTALLATIONS.

       (a) Approval Required for Use of Portable Heating Devices 
     on Military Installations.--A portable heating device may not 
     be used in any facility on a military installation (other 
     than in military housing) without the approval of the 
     commander of the military installation.
       (b) Prohibition on Sale of Unsafe Portable Heating Devices 
     at Commissary Stores and MWR Retail Facilities.--The 
     Secretary of Defense shall ensure that portable heating 
     devices that do not comply with

[[Page S5597]]

     applicable voluntary consumer product safety standards are 
     not sold at a commissary store or MWR retail facility.
       (c) Education for Families Living in Military Housing.--The 
     commander of a military installation shall ensure that 
     members of the Armed Forces assigned to that installation and 
     living in military family housing, including military family 
     housing acquired or constructed pursuant to subchapter IV of 
     chapter 169 of title 10, United States Code, are provided 
     with the recommendations of the Consumer Product Safety 
     Commission for operating portable heating devices safely.
       (d) Definitions.--In this section:
       (1) MWR retail facility.--The term ``MWR retail facility'' 
     has the meaning given that term in section 1063 of title 10, 
     United States Code.
       (2) Portable heating device.--The term ``portable heating 
     device'' means an electric heater that--
       (A) is intended to stand unsupported (freestanding);
       (B) can be moved from place to place within conditioned 
     areas in a structure;
       (C) is connected to a nominal 120 VAC electric supply 
     through a cord and plug;
       (D) transfers heat by radiation, convection, or both 
     (either natural or forced); and
       (E) is intended for residential use.
                                 ______
                                 
  SA 6064. 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 in title VI, insert the following:

  Subtitle __--Arbitration Rights of Members of the Armed Forces and 
                                Veterans

     SEC. 6___. SHORT TITLE.

       This subtitle may be cited as the ``Justice for 
     Servicemembers Act of 2022''.

     SEC. 6___. PURPOSES.

       The purposes of this subtitle are--
       (1) to prohibit predispute arbitration agreements that 
     force arbitration of disputes arising from claims brought 
     under chapter 43 of title 38, United States Code, or the 
     Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.); and
       (2) to prohibit agreements and practices that interfere 
     with the right of persons to participate in a joint, class, 
     or collective action related to disputes arising from claims 
     brought under the provisions of the laws described in 
     paragraph (1).

     SEC. 6___. ARBITRATION OF DISPUTES INVOLVING THE RIGHTS OF 
                   SERVICEMEMBERS AND VETERANS.

       (a) In General.--Title 9, United States Code, is amended by 
     adding at the end the following:

     ``CHAPTER 5--ARBITRATION OF SERVICEMEMBER AND VETERAN DISPUTES

``Sec.
``501. Definitions.
``502. No validity or enforceability.

     ``Sec. 501. Definitions

       ``In this chapter:
       ``(1) Predispute arbitration agreement.--The term 
     `predispute arbitration agreement' means an agreement to 
     arbitrate a dispute that has not yet arisen at the time of 
     the making of the agreement.
       ``(2) Predispute joint-action waiver.--The term `predispute 
     joint-action waiver' means an agreement, whether or not part 
     of a predispute arbitration agreement, that would prohibit, 
     or waive the right of, one of the parties to the agreement to 
     participate in a joint, class, or collective action in a 
     judicial, arbitral, administrative, or other forum, 
     concerning a dispute that has not yet arisen at the time of 
     the making of the agreement.

     ``Sec. 502. No validity or enforceability

       ``(a) In General.--Notwithstanding any other provision of 
     this title, no predispute arbitration agreement or predispute 
     joint-action waiver shall be valid or enforceable with 
     respect to a dispute relating to disputes arising under 
     chapter 43 of title 38 or the Servicemembers Civil Relief Act 
     (50 U.S.C. 3901 et seq.).
       ``(b) Applicability.--
       ``(1) In general.--An issue as to whether this chapter 
     applies with respect to a dispute shall be determined under 
     Federal law. The applicability of this chapter to an 
     agreement to arbitrate and the validity and enforceability of 
     an agreement to which this chapter applies shall be 
     determined by a court, rather than an arbitrator, 
     irrespective of whether the party resisting arbitration 
     challenges the arbitration agreement specifically or in 
     conjunction with other terms of the contract containing such 
     agreement, and irrespective of whether the agreement purports 
     to delegate such determinations to an arbitrator.
       ``(2) Collective bargaining agreements.--Nothing in this 
     chapter shall apply to any arbitration provision in a 
     contract between an employer and a labor organization or 
     between labor organizations, except that no such arbitration 
     provision shall have the effect of waiving the right of a 
     worker to seek judicial enforcement of a right arising under 
     a provision of the Constitution of the United States, a State 
     constitution, or a Federal or State statute, or public policy 
     arising therefrom.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Title 9, United States Code, is amended--
       (A) in section 1 by striking ``of seamen,'' and all that 
     follows through ``interstate commerce'' and inserting 
     ``persons and causes of action under chapter 43 of title 38 
     or the Servicemembers Civil Relief Act (50 U.S.C. 3901 et 
     seq.)'';
       (B) in section 2, by inserting ``or 5'' before the period 
     at the end;
       (C) in section 208, in the second sentence, by inserting 
     ``or 5'' before the period at the end; and
       (D) in section 307, in the second sentence, by inserting 
     ``or 5'' before the period at the end.
       (2) Table of chapters.--The table of chapters of title 9, 
     United States Code, is amended by adding at the end the 
     following:

``5. Arbitration of servicemember and veteran disputes.......501''.....

     SEC. 6___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS 
                   UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) Amendments.--Section 107(a) of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3918(a)) is amended--
       (1) in the second sentence, by inserting ``and if it is 
     made after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end; and
       (2) in the third sentence by inserting ``and if it is made 
     after a specific dispute has arisen and the dispute is 
     identified in the waiver'' before the period at the end.
       (b) Application of Amendments.--The amendments made by 
     subsection (a) shall apply with respect to waivers made on or 
     after the date of the enactment of this Act.

     SEC. 6___. APPLICABILITY.

       This subtitle, and the amendments made by this subtitle, 
     shall apply with respect to any dispute or claim that arises 
     or accrues on or after the date of the enactment of this Act.
                                 ______
                                 
  SA 6065. Mr. BLUMENTHAL (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 C of title XII, add the following:

     SEC. 1239. DESIGNATION OF THE RUSSIA FEDERATION AS A STATE 
                   SPONSOR OF TERRORISM.

       (a) Short Title.--This section may be cited as the ``Russia 
     is a State Sponsor of Terrorism Act''.
       (b) Findings.--Congress finds the following:
       (1) United States law authorizes the designation of 
     countries that have repeatedly provided support for acts of 
     international terrorism as state sponsors of terrorism.
       (2) Cuba, the Democratic People's Republic of Korea, Iran, 
     and Syria have been designated as state sponsors of 
     terrorism.
       (3) At the direction of President Vladimir Putin, the 
     Government of the Russian Federation has promoted, and 
     continues to promote, acts of international terrorism against 
     political opponents and nation states.
       (4) Under the orders of President Putin, the Government of 
     the Russian Federation engaged in a campaign of terror that 
     utilized brutal force to target its civilians during the 
     Second Chechen War.
       (5) Actions by the Government of the Russian Federation 
     against civilian centers, such as Grozny (the capital of 
     Chechnya), left countless innocent men, women, and children 
     dead or wounded.
       (6) Since 2014, the Government of the Russian Federation--
       (A) has supported separatists engaging in acts of violence 
     against Ukrainian civilians in the Donbas region; and
       (B) has detained United States citizens as hostages.
       (7) The Government of the Russian Federation provides 
     material support to Syria, a nation currently designated as a 
     state sponsor of terrorism.
       (8) According to the Congressional Research Service, the 
     Russian Federation spreads terror throughout the world 
     through private military networks of mercenaries, such as the 
     Wagner Group, in an effort to ``project power cheaply and 
     deniably''.
       (9) The Wagner Group collaborates with the Ministry of 
     Defense of the Russian Federation to support the foreign 
     policy objectives of the Russian Federation.
       (10) The Department of the Treasury--
       (A) has identified the Wagner Group as ``a designated 
     Russian Ministry of Defense proxy force''; and
       (B) has stated that ``Wagner's activities in other 
     countries, including Ukraine, Syria, Sudan, and Libya, have 
     generated insecurity and incited violence against innocent 
     civilians''.

[[Page S5598]]

       (11) In February 2022, more than 400 Russian mercenaries 
     from the Wagner Group were dispatched to Kyiv with orders 
     from the Kremlin to assassinate President Volodymyr Zelenskyy 
     and members of the Government of Ukraine.
       (12) On March 1, 2022, Jason Blazakis, former Director of 
     the Counterterrorism Finance and Designations Office, Bureau 
     of Counterterrorism, Department of State, wrote in reference 
     to white supremacist groups that ``Russia provides sanctuary 
     to a U.S.-designated terrorist group, the Russian Imperial 
     Movement, which operates with impunity in Russian 
     territory.''.
       (13) On March 17, 2022, President Volodymyr Zelensky called 
     for the world to acknowledge the Russian Federation as a 
     terrorist state.
       (14) The Verkhovna Rada of Ukraine has appealed to Congress 
     to encourage the Department of State to recognize the Russian 
     Federation as a state sponsor of terrorism, noting that ``the 
     Russian Federation has for years supported and financed 
     terrorist regimes and terrorist organizations, including 
     being the main supplier of weapons to the Assad regime in 
     Syria and supporting terrorists in the Middle East and Latin 
     America, organizing acts of international terrorism, 
     including the poisoning of the Skripal family in the United 
     Kingdom of Great Britain and Northern Ireland, the downing of 
     a civilian Malaysian airliner and other acts of terrorism''.
       (15) On May 24, 2022, Ukrainian prosecutors accused 2 
     Wagner Group mercenaries of committing war crimes against 
     civilians near Kyiv.
       (16) On July 18, 2022, the United Kingdom's Ministry of 
     Defence confirmed that the Wagner Group plays a central role 
     in recent fighting in Ukraine, including Russia's capture of 
     Popasna and Lysyschansk.
       (17) The United States has a range of tools available to 
     hold the Russian Federation accountable, reduce its war 
     machine, and isolate it economically and diplomatically, 
     including by designating it as a state sponsor of terrorism 
     and imposing corresponding sanctions.
       (c) Designation of the Russian Federation as a State 
     Sponsor of Terrorism.--
       (1) In general.--Beginning on the date of the enactment of 
     this Act, the Russian Federation shall be deemed to have 
     repeatedly provided support for acts of international 
     terrorism and shall be designated as a state sponsor of 
     terrorism pursuant to--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); and
       (D) any other relevant provision of law.
       (2) Technical and conforming amendments.--Section 
     1605A(h)(6) of title 28, United States Code, is amended--
       (A) by inserting ``Congress or'' before ``the Secretary of 
     State''; and
       (B) by striking ``section 6(j) of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2405(j)),''.
       (d) Waiver.--The President may remove the designation 
     required under subsection (c)(1) on the date that is 30 days 
     after the date on which the President certifies to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Foreign Affairs of the House of Representatives, the 
     majority leader and minority leader of the Senate, and the 
     Speaker, majority leader, and minority leader of the House of 
     Representatives that--
       (1) the Russian Federation is no longer supporting acts of 
     international terrorism; and
       (2) removing such designation is in the national security 
     interests of the United States.
                                 ______
                                 
  SA 6066. 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. TREATMENT FOR SEVERELY WOUNDED UKRAINIAN SOLDIERS.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the treatment and rehabilitation of severely wounded 
     Ukrainian soldiers is of paramount importance to the United 
     States and Ukraine as Ukraine continues to valiantly repulse 
     an unprovoked invasion of its sovereignty by the Russian 
     Federation;
       (2) the Senate applauds efforts by the Secretary of Defense 
     to provide treatment in medical facilities of the United 
     States Armed Forces through the Secretarial Designee Program; 
     and
       (3) the Senate encourages the Secretary to continue working 
     with defense officials of Ukraine, and as necessary with 
     other governmental and private sources, to fund 
     transportation, lodging, meals, caretakers, and any other 
     nonmedical expenses necessary in connection with treatment 
     for severely wounded Ukrainian soldiers.
       (b) Role of the Extremity Trauma and Amputation Center of 
     Excellence in Mitigating, Treating, and Rehabilitating 
     Traumatic Extremity Injuries in Ukraine.--
       (1) Responsibilities.--The Extremity Trauma and Amputation 
     Center of Excellence shall have the following 
     responsibilities:
       (A) Not later than 180 days after the date of the enactment 
     of this Act, to develop a comprehensive plan and strategy for 
     the mitigation, treatment, and rehabilitation of traumatic 
     extremity injuries and amputations in Ukraine.
       (B) To identify scientific research aimed at saving injured 
     extremities, avoiding amputations, and preserving and 
     restoring the function of injured extremities. Such research 
     shall address the current needs of Ukraine, specifically 
     military medical needs, and the full range of scientific 
     inquiry encompassing basic, translational, and clinical 
     research.
       (C) To carry out such other activities to improve and 
     enhance the efforts of the Government of Ukraine for the 
     mitigation, treatment, and rehabilitation of traumatic 
     extremity injuries and amputations as the Director of the 
     Extremity Trauma and Amputation Center of Excellence 
     considers appropriate.
       (D) To develop and implement jointly with partners, 
     including the Government of Ukraine, a one-year pilot program 
     to implement the comprehensive plan and strategy developed 
     under subparagraph (A).
       (2) Partnerships.--In carrying out the responsibilities 
     under paragraph (1), the Extremity Trauma and Amputation 
     Center of Excellence shall partner and consult with relevant 
     government agencies, institutions of higher education, and 
     any other appropriate public and private entities, including 
     international entities.
       (3) Reports.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for two 
     years, the Director of the Extremity Trauma and Amputation 
     Center of Excellence shall submit to Congress a report on the 
     implementation of this subsection.
       (B) Elements.--
       (i) Initial report.-- The initial report required by 
     subparagraph (A) shall include a description of the 
     implementation requirements of the pilot program described in 
     paragraph (1)(D).
       (ii) Subsequent reports.--Each subsequent report shall 
     include, for the one-year period ending on the date of 
     submission of the report--

       (I) a description and assessment of the activities of the 
     pilot program under paragraph (1)(D);
       (II) an assessment of the role of the Extremity Trauma and 
     Amputation Center of Excellence and partners with respect to 
     the mitigation, treatment, and rehabilitation of traumatic 
     extremity injuries and amputations in Ukraine; and
       (III) any recommendation with respect to the extension of 
     such pilot program.

       (4) Authorization of appropriations.--Of the amounts 
     appropriated by the Ukraine Supplemental Appropriations Act, 
     2022 (division N of Public Law 117-103; 136 Stat. 776) and 
     the Additional Ukraine Supplemental Appropriations Act, 2022 
     (Public Law 117-128; 136 Stat. 1211), $1,500,000 shall be 
     made available to carry out this subsection.
       (c) Role of the Traumatic Brain Injury Center of Excellence 
     in Improving Treatment for Adult and Pediatric Traumatic 
     Brain Injuries in Ukraine.--
       (1) Responsibilities.--The Traumatic Brain Injury Center of 
     Excellence shall have the following responsibilities:
       (A) Not later than 180 days after the date of the enactment 
     of this Act, to develop a comprehensive plan and strategy for 
     the development of an interactive quality assessment and 
     quality assurance clinical decision support tool to provide 
     real-time, evidence-based medical care guidance for adult and 
     pediatric intensive-care unit patients with severe traumatic 
     brain injury in Ukraine.
       (B) To develop such a clinical decision support tool.
       (C) To identify scientific research aimed at increasing 
     compliance with internationally approved, evidence-based 
     treatment guidelines for severe adult and pediatric traumatic 
     brain injury so as to reduce patient mortality, improve 
     patient level of recovery, and reduce long-term care costs in 
     Ukraine.
       (D) To carry out such other activities to improve and 
     enhance the efforts of the Government of Ukraine for the 
     treatment of severe adult and pediatric traumatic brain 
     injury as the Director of the Traumatic Brain Injury Center 
     of Excellence considers appropriate.
       (E) To develop and implement jointly with partners, 
     including the Government of Ukraine, a one-year pilot program 
     to implement the comprehensive plan and strategy developed 
     under subparagraph (A).
       (2) Partnerships.--In carrying out the responsibilities 
     under paragraph (1), the Traumatic Brain Injury Center of 
     Excellence shall partner and consult with relevant government 
     agencies, institutions of higher education, and other 
     appropriate public and private entities, including 
     international entities.
       (3) Reports.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for two 
     years, the Director of the Traumatic Brain Injury Center of 
     Excellence shall submit to Congress a

[[Page S5599]]

     report on the implementation of this subsection.
       (B) Elements.--
       (i) Initial report.-- The initial report required by 
     subparagraph (A) shall include a description of the 
     implementation requirements of the pilot program described in 
     paragraph (1)(E).
       (ii) Subsequent reports.--Each subsequent report shall 
     include, for the one-year period ending on the date of 
     submission of the report--

       (I) a description and assessment of the activities of the 
     pilot program under paragraph (1)(E);
       (II) an assessment of the role of the Traumatic Brain 
     Injury Center of Excellence and partners with respect to 
     improving internationally approved, evidence-based treatment 
     guidelines for severe adult and pediatric traumatic brain 
     injury so as to reduce patient mortality, improve patient 
     level of recovery, and reduce long-term care costs in 
     Ukraine; and
       (III) any recommendation with respect to the extension of 
     such pilot program.

       (4) Authorization of appropriations.--Of the amounts 
     appropriated by the Ukraine Supplemental Appropriations Act, 
     2022 (division N of Public Law 117-103; 136 Stat. 776) and 
     the Additional Ukraine Supplemental Appropriations Act, 2022 
     (Public Law 117-128; 136 Stat. 1211), $1,500,000 shall be 
     made available to carry out this subsection.
                                 ______
                                 
  SA 6067. 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:

          TITLE _____--UNLOCKING CAPITAL FOR SMALL BUSINESSES

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Unlocking Capital for 
     Small Businesses Act of 2022''.

     SEC. ___02. SAFE HARBORS FOR PRIVATE PLACEMENT BROKERS AND 
                   FINDERS.

       (a) In General.--Section 15 of the Securities Exchange Act 
     of 1934 (15 U.S.C. 78o) is amended by adding at the end the 
     following:
       ``(p) Private Placement Broker Safe Harbor.--
       ``(1) Registration requirements.--Not later than 270 days 
     after the date of the enactment of this subsection the 
     Commission shall promulgate regulations with respect to 
     private placement brokers that are no more stringent than 
     those imposed on funding portals. Not later than 270 days 
     after the publication of the proposed regulations in the 
     Federal Register, the Commission shall promulgate final 
     rules.
       ``(2) National securities associations.--Not later than 270 
     days after the date of the enactment of this subsection the 
     Commission shall promulgate regulations that require the 
     rules of any national securities association to allow a 
     private placement broker to become a member of such national 
     securities association subject to reduced membership 
     requirements consistent with this subsection. Not later than 
     270 days after the publication of the proposed regulations in 
     the Federal Register, the Commission shall promulgate final 
     rules.
       ``(3) Disclosures required.--Before the consummation of a 
     transaction effecting a private placement, a private 
     placement broker shall disclose clearly and conspicuously, in 
     writing, to all parties to the transaction as a result of the 
     broker's activities--
       ``(A) that the broker is acting as a private placement 
     broker;
       ``(B) the amount of any compensation or anticipated 
     compensation for services rendered as a private placement 
     broker in connection with such transaction;
       ``(C) the person to whom any such compensation is made; and
       ``(D) any beneficial interest in the issuer, direct or 
     indirect, of the private placement broker, of a member of the 
     immediate family of the private placement broker, of an 
     associated person of the private placement broker, or of a 
     member of the immediate family of such associated person.
       ``(4) Private placement broker defined.--In this 
     subsection, the term `private placement broker' means a 
     person that--
       ``(A) receives transaction-based compensation--
       ``(i) for effecting a transaction by--

       ``(I) introducing an issuer of securities and a buyer of 
     such securities in connection with the sale of a business 
     effected as the sale of securities; or
       ``(II) introducing an issuer of securities and a buyer of 
     such securities in connection with the placement of 
     securities in transactions that are exempt from registration 
     requirements under the Securities Act of 1933; and

       ``(ii) that is not with respect to--

       ``(I) a class of publicly traded securities;
       ``(II) the securities of an investment company (as defined 
     in section 3 of the Investment Company Act of 1940); or
       ``(III) a variable or equity-indexed annuity or other 
     variable or equity-indexed life insurance product;

       ``(B) with respect to a transaction for which such 
     transaction-based compensation is received--
       ``(i) does not handle or take possession of the funds or 
     securities; and
       ``(ii) does not engage in an activity that requires 
     registration as an investment adviser under State or Federal 
     law; and
       ``(C) is not a finder as defined under subsection (q).
       ``(q) Finder Safe Harbor.--
       ``(1) Nonregistration.--A finder is exempt from the 
     registration requirements of this Act.
       ``(2) National securities associations.--A finder shall not 
     be required to become a member of any national securities 
     association.
       ``(3) Finder defined.--In this subsection, the term 
     `finder' means a person described in paragraphs (A) and (B) 
     of subsection (p)(4) that--
       ``(A) receives transaction-based compensation of equal to 
     or less than $500,000 in any calendar year;
       ``(B) receives transaction-based compensation in connection 
     with transactions that result in a single issuer selling 
     securities valued at equal to or less than $15,000,000 in any 
     calendar year;
       ``(C) receives transaction-based compensation in connection 
     with transactions that result in any combination of issuers 
     selling securities valued at equal to or less than 
     $30,000,000 in any calendar year; or
       ``(D) receives transaction-based compensation in connection 
     with fewer than 16 transactions that are not part of the same 
     offering or are otherwise unrelated in any calendar year.
       ``(4) Adjustment for inflation.--The amounts described in 
     paragraph (3) shall be increased each year by an amount equal 
     to the percentage increase, if any, in the Consumer Price 
     Index, as determined by the Department of Labor or its 
     successor.''.
       (b) Validity of Contracts With Registered Private Placement 
     Brokers and Finders.--Section 29 of the Securities Exchange 
     Act (15 U.S.C. 78cc) is amended by adding at the end the 
     following:
       ``(d) Subsection (b) shall not apply to a contract made for 
     a transaction if--
       ``(1) the transaction is one in which the issuer engaged 
     the services of a broker or dealer that is not registered 
     under this Act with respect to such transaction;
       ``(2) such issuer received a self-certification from such 
     broker or dealer certifying that such broker or dealer is a 
     registered private placement broker under section 15(p) or a 
     finder under section 15(q); and
       ``(3) the issuer either did not know that such self-
     certification was false or did not have a reasonable basis to 
     believe that such self-certification was false.''.
       (c) Removal of Private Placement Brokers From Definitions 
     of Broker.--
       (1) Records and reports on monetary instruments 
     transactions.--Section 5312 of title 31, United States Code, 
     is amended in subsection (a)(2)(G) by inserting ``with the 
     exception of a private placement broker as defined in section 
     15(p)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78o(p)(4))'' before the semicolon at the end.
       (2) Securities exchange act of 1934.--Section 3(a)(4) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)) is 
     amended by adding at the end the following:
       ``(G) Private placement brokers.--A private placement 
     broker as defined in section 15(p)(4) is not a broker for the 
     purposes of this Act.''.

     SEC. ___03. LIMITATIONS ON STATE LAW.

       Section 15(i) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o(i)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Private placement brokers and finders.--
       ``(A) In general.--No State or political subdivision 
     thereof may enforce any law, rule, regulation, or other 
     administrative action that imposes greater registration, 
     audit, financial recordkeeping, or reporting requirements on 
     a private placement broker or finder than those that are 
     required under subsections (p) and (q), respectively.
       ``(B) Definition of state.--For purposes of this paragraph, 
     the term `State' includes the District of Columbia and each 
     territory of the United States.''.
                                 ______
                                 
  SA 6068. 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:

                  TITLE _____--FAIR ACCESS TO BANKING

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Fair Access to Banking 
     Act''.

[[Page S5600]]

  


     SEC. ___02. FINDINGS.

       Congress finds that--
       (1) article I of the Constitution of the United States 
     guarantees the people of the United States the right to enact 
     public policy through the free and fair election of 
     representatives and through the actions of State legislatures 
     and Congress;
       (2) banks rightly objected to the Operation Choke Point 
     initiative through which certain government agencies 
     pressured banks to cut off access to financial services to 
     lawful sectors of the economy;
       (3) banks are now, however, increasingly employing 
     subjective, category-based evaluations to deny certain 
     persons access to financial services in response to pressure 
     from advocates from across the political spectrum whose 
     policy objectives are served when banks deny certain 
     customers access to financial services;
       (4) the privatization of the discriminatory practices 
     underlying Operation Choke Point by banks represents as great 
     a threat to the national economy, national security, and the 
     soundness of banking and financial markets in the United 
     States as Operation Choke Point itself;
       (5) banks are supported by the United States taxpayers and 
     enjoy significant privileges in the financial system of the 
     United States and should not be permitted to act as de facto 
     regulators or unelected legislators by withholding financial 
     services to otherwise credit worthy businesses based on 
     subjective political reasons, bias or prejudices;
       (6) banks are not well-equipped to balance risks unrelated 
     to financial exposures and the operations required to deliver 
     financial services;
       (7) the United States taxpayers came to the aid for large 
     banks during the great recession of 2008 because they were 
     deemed too important to the national economy to be permitted 
     to fail;
       (8) when a bank predicates the access to financial services 
     of a person on factors or information (such as the lawful 
     products a customer manufactures or sells or the services the 
     customer provides) other than quantitative, impartial risk-
     based standards, the bank has failed to act consistent with 
     basic principles of sound risk management and failed to 
     provide fair access to financial services;
       (9) banks have a responsibility to make decisions about 
     whether to provide a person with financial services on the 
     basis of impartial criteria free from prejudice or 
     favoritism;
       (10) while fair access to financial services does not 
     obligate a bank to offer any particular financial service to 
     the public, or to operate in any particular geographic area, 
     or to provide a service the bank offers to any particular 
     person, it is necessary that--
       (A) the financial services a bank chooses to offer in the 
     geographic areas in which the bank operates be made available 
     to all customers based on the quantitative, impartial risk-
     based standards of the bank, and not based on whether the 
     customer is in a particular category of customers;
       (B) banks assess the risks posed by individual customers on 
     a case-by-case basis, rather than category-based assessment; 
     and
       (C) banks implement controls to manage relationships 
     commensurate with these risks associated with each customer, 
     not a strategy of total avoidance of particular industries or 
     categories of customers;
       (11) banks are free to provide or deny financial services 
     to any individual customer, but first, the banks must rely on 
     empirical data that are evaluated consistent with the 
     established, impartial risk-management standards of the bank; 
     and
       (12) anything less is not prudent risk management and may 
     result in unsafe or unsound practices, denial of fair access 
     to financial services, cancelling, or eliminating certain 
     businesses in society, and have a deleterious effect on 
     national security and the national economy.

     SEC. ___03. PURPOSE.

       The purposes of this title are to--
       (1) ensure fair access to financial services and fair 
     treatment of customers by financial service providers, 
     including national and state banks, Federal savings 
     associations and State and Federal credit unions;
       (2) ensure banks conduct themselves in a safe and sound 
     manner, comply with laws and regulations, treat their 
     customers fairly, and provide fair access to financial 
     services;
       (3) protect against banks being able to impede otherwise 
     lawful commerce and thereby achieve certain public policy 
     goals;
       (4) ensure that persons involved in politically unpopular 
     businesses but that are lawful under Federal law receive fair 
     access to financial services under the law; and
       (5) ensure banks operate in a safe and sound manner by 
     making judgments and decisions about whether to provide a 
     customer with financial services on an impartial, 
     individualized risk-based analysis using empirical data 
     evaluated under quantifiable standards.

     SEC. ___04. ADVANCES TO INDIVIDUAL MEMBER BANKS.

       (a) Member Banks.--Section 10B of the Federal Reserve Act 
     (12 U.S.C. 347b) is amended by adding at the end the 
     following:
       ``(c) Prohibition on Use of Discount Window Lending 
     Programs.--No member bank with more than $10,000,000,000 in 
     total consolidated assets, or subsidiary of the member bank, 
     may use a discount window lending program if the member bank 
     or subsidiary refuses to do business with any person who is 
     in compliance with the law, including section ___08 of the 
     Fair Access to Banking Act.''.
       (b) Insured Depository Institutions.--Section 8(a)(2)(A) of 
     the Federal Deposit Insurance Act (12 U.S.C. 1818(a)(2)(A)) 
     is amended--
       (1) in clause (ii), by striking ``or'' at the end;
       (2) in clause (iii), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iv) an insured depository institution with more than 
     $10,000,000,000 in total consolidated assets, or subsidiary 
     of the insured depository institution, that refuses to do 
     business with any person who is in compliance with the law, 
     including section ___08 of the Fair Access to Banking Act.''.
       (c) Nonmember Banks, Trust Companies, and Other Depository 
     Institutions.--Section 13 of the Federal Reserve Act (12 
     U.S.C. 342) is amended by inserting ``Provided further, That 
     no such nonmember bank or trust company or other depository 
     institution with more than $10,000,000,000 in total 
     consolidated assets, or subsidiary of such nonmember bank or 
     trust company or other depository institution, may refuse to 
     do business with any person who is in compliance with the 
     law, including , including section ___08 of the Fair Access 
     to Banking Act:'' after ``appropriate:''.

     SEC. ___05. PAYMENT CARD NETWORK.

       (a) Definition.--In this section, the term ``payment card 
     network'' has the meaning given the term in section 921(c) of 
     the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(c)).
       (b) Prohibition.--No payment card network, including a 
     subsidiary of a payment card network, may, directly or 
     through any agent, processor, or licensed member of the 
     network, by contract, requirement, condition, penalty, or 
     otherwise, prohibit or inhibit the ability of any person who 
     is in compliance with the law, including section ___08 of 
     this title, to obtain access to services or products of the 
     payment card network because of political or reputational 
     risk considerations.
       (c) Civil Penalty.--Any payment card network that violates 
     subsection (b) shall be assessed a civil penalty by the 
     Comptroller of the Currency of not more than 10 percent of 
     the value of the services or products described in that 
     subsection, not to exceed $10,000 per violation.

     SEC. ___06. CREDIT UNIONS.

       Section 206(b)(1) of the Federal Credit Union Act (12 
     U.S.C. 1786) is amended by inserting ``or is refusing or has 
     refused, or has a subsidiary that is refusing or has refused, 
     to do business with any person who is in compliance with the 
     law, including section ___08 of the Fair Access to Banking 
     Act,'' after ``as an insured credit union,''.

     SEC. ___07. USE OF AUTOMATED CLEARING HOUSE NETWORK.

       (a) Definitions.--In this section:
       (1) Covered credit union.--The term ``covered credit 
     union'' means--
       (A) any insured credit union, as defined in section 101 of 
     the Federal Credit Union Act (12 U.S.C. 1752); or
       (B) any credit union that is eligible to make application 
     to become an insured credit union under section 201 of the 
     Federal Credit Union Act (12 U.S.C. 1781).
       (2) Member bank.--The term ``member bank'' has the meaning 
     given the term in the third undesignated paragraph of the 
     first section of the Federal Reserve Act (12 U.S.C. 221).
       (b) Prohibition.--No covered credit union, member bank, or 
     State-chartered non-member bank with more than 
     $10,000,000,000 in total consolidated assets, or a subsidiary 
     of the covered credit union, member bank, or State-chartered 
     non-member bank, may use the Automated Clearing House Network 
     if that member bank, credit union, or subsidiary of the 
     member bank or credit union, refuses to do business with any 
     person who is in compliance with the law, including section 
     ___08 of this title.

     SEC. ___08. FAIR ACCESS TO FINANCIAL SERVICES.

       (a) Definitions.--In this section:
       (1) Bank.--The term ``bank''--
       (A) means an entity for 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); and
       (B) includes--
       (i) member banks;
       (ii) non-member banks;
       (iii) covered credit unions;
       (iv) State-chartered non-member banks; and
       (v) trust companies.
       (2) Covered bank.--
       (A) In general.--The term ``covered bank'' means a bank 
     that has the ability to--
       (i) raise the price a person has to pay to obtain an 
     offered financial service from the bank or from a competitor; 
     or
       (ii) significantly impede a person, or the business 
     activities of a person, in favor of or to the advantage of 
     another person.
       (B) Presumption.--
       (i) In general.--A bank shall not be presumed to be a 
     covered bank if the bank has less than $10,000,000,000 in 
     total assets.
       (ii) Rebuttable presumption.--

       (I) In general.--A bank is presumed to be a covered bank if 
     the bank has $10,000,000,000 or more in total assets.
       (II) Rebuttal.--A bank that meets the criteria under 
     subclause (I) can seek to rebut

[[Page S5601]]

     this presumption by submitting to the Office of the 
     Comptroller of the Currency written materials that, in the 
     judgement of the agency, demonstrate the bank does not meet 
     the definition of covered bank.

       (3) Covered credit union.--The term ``covered credit 
     union'' means--
       (A) any insured credit union, as defined in section 101 of 
     the Federal Credit Union Act (12 U.S.C. 1752); or
       (B) any credit union that is eligible to make application 
     to become an insured credit union under section 201 of the 
     Federal Credit Union Act (12 U.S.C. 1781).
       (4) Deny.--The term ``deny'' means to deny or refuse to 
     enter into or terminate an existing financial services 
     relationship with a person.
       (5) Fair access to financial services.--The term ``fair 
     access to financial services'' means persons engaged in 
     activities lawful under Federal law are able to obtain 
     financial services at banks without impediments caused by a 
     prejudice against or dislike for a person or the business of 
     the customer, products or services sold by the person, or 
     favoritism for market alternatives to the business of the 
     person.
       (6) Financial service.--The term ``financial service'' 
     means a financial product or service, including--
       (A) commercial and merchant banking;
       (B) lending;
       (C) financing;
       (D) leasing;
       (E) cash, asset and investment management and advisory 
     services;
       (F) credit card services;
       (G) payment processing;
       (H) security and foreign exchange trading and brokerage 
     services; and
       (I) insurance products.
       (7) Member bank.--The term ``member bank'' has the meaning 
     given the term in the third undesignated paragraph of the 
     first section of the Federal Reserve Act (12 U.S.C. 221).
       (8) Person.--The term ``person''--
       (A) means--
       (i) any natural person; or
       (ii) any partnership, corporation, or other business or 
     legal entity; and
       (B) includes a customer.
       (b) Requirements.--
       (1) In general.--To provide fair access to financial 
     services, a covered bank, including a subsidiary of a covered 
     bank, shall, except as necessary to comply with another 
     provision of law--
       (A) make each financial service it offers available to all 
     persons in the geographic market served by the covered bank 
     on proportionally equal terms;
       (B) not deny any person a financial service the covered 
     bank offers unless the denial is justified by such quantified 
     and documented failure of the person to meet quantitative, 
     impartial risk-based standards established in advance by the 
     covered bank;
       (C) not deny, in coordination with or at the request of 
     others, any person a financial service the covered bank 
     offers; and
       (D) when denying any person financial services the covered 
     bank offers, to provide written justification to the person 
     explaining the basis for the denial, including any specific 
     laws or regulations the covered bank believes are being 
     violated by the person or customer, if any.
       (2) Justification requirement.--A justification described 
     in paragraph (1)(D) may not be based solely on the 
     reputational risk to the depository institution.
       (c) Cause of Action for Violations of This Section.--
       (1) In general.--Notwithstanding any other provision of 
     law, a person may commence a civil action in the appropriate 
     district court of the United States against any covered bank 
     or covered credit union that violates or fails to comply with 
     the requirements under this title, for harm that person 
     suffered as a result of such violation.
       (2) No exhaustion.--It shall not be necessary for a person 
     to exhaust its administrative remedies before commencing a 
     civil action under this title.
       (3) Damages.--If a person prevails in a civil action under 
     this title, a court shall award the person--
       (A) reasonable attorney's fees and costs; and
       (B) treble damages.
                                 ______
                                 
  SA 6069. Mr. CRAMER (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 appropriate place, insert the following:

       TITLE _____--BANK SERVICE COMPANY EXAMINATION COORDINATION

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Bank Service Company 
     Examination Coordination Act of 2022''.

     SEC. ___02. BANK SERVICE COMPANY ACT IMPROVEMENTS.

       The Bank Service Company Act (12 U.S.C. 1861 et seq.) is 
     amended--
       (1) in section 1(b)--
       (A) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) the term `State banking agency' shall have the same 
     meaning given the term `State Bank Supervisor' under section 
     3 of the Federal Deposit Insurance Act;'';
       (2) in section 5(a), by inserting ``, in consultation with 
     the State banking agency,'' after ``banking agency''; and
       (3) in section 7--
       (A) in subsection (a)--
       (i) in the first sentence, by inserting ``or State banking 
     agency'' after ``appropriate Federal banking agency''; and
       (ii) in the second sentence, by striking ``Federal banking 
     agency that supervises any other shareholder or member'' and 
     inserting ``Federal or State banking agency that supervises 
     any other shareholder or member'';
       (B) in subsection (c)--
       (i) by inserting ``or a State banking agency'' after 
     ``appropriate Federal banking agency''; and
       (ii) by striking ``such agency'' each place such term 
     appears and inserting ``such Federal or State agency'';
       (C) by redesignating subsection (d) as subsection (f);
       (D) by inserting after subsection (c) the following:
       ``(d) Availability of Information.--Information obtained 
     pursuant to the regulation and examination of service 
     providers under this section or applicable State law may be 
     furnished by and accessible to Federal and State agencies to 
     the same extent that supervisory information concerning 
     depository institutions is authorized to be furnished to and 
     required to be accessible by Federal and State agencies under 
     section 7(a)(2) of the Federal Deposit Insurance Act (12 
     U.S.C. 1817(a)(2)) or State law, as applicable.
       ``(e) Coordination With State Banking Agencies.--Where a 
     State bank is principal shareholder or principal member of a 
     bank service company or where a State bank is any other 
     shareholder or member of the bank service company, the 
     appropriate Federal banking agency, in carrying out 
     examinations authorized by this section, shall--
       ``(1) provide reasonable and timely notice to the State 
     banking agency; and
       ``(2) to the fullest extent possible, coordinate and avoid 
     duplication of examination activities, reporting 
     requirements, and requests for information.'';
       (E) in subsection (f), as so redesignated, by inserting ``, 
     in consultation with State banking agencies,'' after 
     ``appropriate Federal banking agencies''; and
       (F) by adding at the end the following:
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed as granting authority for a State banking agency 
     to examine a bank service company where no such authority 
     exists in State law.''.

     SEC. ___03. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this title, 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 title, 
     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 6070. Mr. INHOFE (for himself 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. __. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE 
                   ADVANCEMENT OF AVIATION.

       (a) Short Title.--This section may be cited as the 
     ``National Center for the Advancement of Aviation Act of 
     2022''.
       (b) In General.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 120. National Center for the Advancement of Aviation

       ``(a) Federal Charter and Status.--
       ``(1) In general.--The National Center for the Advancement 
     of Aviation (in this section referred to as the `Center') is 
     a federally chartered entity. The Center is a private 
     independent entity, not a department, agency, or 
     instrumentality of the United States Government or a 
     component thereof. Except as provided in subsection (f)(1), 
     an officer or employee of the Center is not an officer or 
     employee of the Federal Government.
       ``(2) Perpetual existence.--Except as otherwise provided, 
     the Center shall have perpetual existence.
       ``(b) Governing Body.--
       ``(1) In general.--The Board of Directors (in this section 
     referred to as the `Board') is the governing body of the 
     Center.

[[Page S5602]]

       ``(2) Authority of powers.--
       ``(A) In general.--The Board shall adopt a constitution, 
     bylaws, regulations, policies, and procedures to carry out 
     the purpose of the Center and may take any other action that 
     it considers necessary (in accordance with the duties and 
     powers of the Center) for the management and operation of the 
     Center. The Board is responsible for the general policies and 
     management of the Center and for the control of all funds of 
     the Center.
       ``(B) Powers of board.--The Board shall have the power to 
     do the following:
       ``(i) Adopt and alter a corporate seal.
       ``(ii) Establish and maintain offices to conduct its 
     activities.
       ``(iii) Enter into contracts or agreements as a private 
     entity not subject to the requirements of title 41.
       ``(iv) Acquire, own, lease, encumber, and transfer property 
     as necessary and appropriate to carry out the purposes of the 
     Center.
       ``(v) Publish documents and other publications in a 
     publicly accessible manner.
       ``(vi) Incur and pay obligations as a private entity not 
     subject to the requirements of title 31.
       ``(vii) Make or issue grants and include any conditions on 
     such grants in furtherance of the purpose and duties of the 
     Center.
       ``(viii) Perform any other act necessary and proper to 
     carry out the purposes of the Center as described in its 
     constitution and bylaws or duties outlined in this section.
       ``(3) Membership of the board.--
       ``(A) In general.--The Board shall have 11 Directors as 
     follows:
       ``(i) Ex-officio membership.--The following individuals, or 
     their designees, shall be considered ex-officio members of 
     the Board:

       ``(I) The Administrator of the Federal Aviation 
     Administration.
       ``(II) The Executive Director, pursuant to paragraph 
     (5)(D).

       ``(ii) Appointments.--

       ``(I) In general.--From among those members of the public 
     who are highly respected and have knowledge and experience in 
     the fields of aviation, finance, or academia--

       ``(aa) the Secretary of Transportation shall appoint 5 
     members to the Board;
       ``(bb) the Secretary of Defense shall appoint 1 member to 
     the Board;
       ``(cc) the Secretary of Veterans Affairs shall appoint 1 
     member to the Board;
       ``(dd) the Secretary of Education shall appoint 1 member to 
     the Board;
       ``(ee) the Administrator of the National Aeronautics and 
     Space Administration shall appoint 1 member to the Board.

       ``(II) Terms.--

       ``(aa) In general.--The members appointed under subclause 
     (I) shall serve for a term of 3 years and may be reappointed.
       ``(bb) Staggering terms.--To ensure subsequent appointments 
     to the Board are staggered, of the 9 members first appointed 
     under subclause (I), 3 shall be appointed for a term of 1 
     year, 3 shall be appointed for a term of 2 years, and 3 shall 
     be appointed for a term of 3 years.

       ``(III) Consideration.--In considering whom to appoint to 
     the Board, the Secretaries and Administrator referenced in 
     subclause (I) shall, to the maximum extent practicable, 
     ensure the overall composition of the Board adequately 
     represents the fields of aviation and academia.

       ``(B) Vacancies.--A vacancy on the Board shall be filled in 
     the same manner as the initial appointment.
       ``(C) Status.--All Members of the Board shall have equal 
     voting powers, regardless if they are ex-officio members or 
     appointed.
       ``(4) Chair of the board.--The Board shall choose a Chair 
     of the Board from among the members of the Board that are not 
     ex-officio members under paragraph (3)(A)(i).
       ``(5) Administrative matters.--
       ``(A) Meetings.--
       ``(i) In general.--The Board shall meet at the call of the 
     Chair but not less than 2 times each year and may, as 
     appropriate, conduct business by telephone or other 
     electronic means.
       ``(ii) Open.--

       ``(I) In general.--Except as provided in subclause (II), a 
     meeting of the Board shall be open to the public.
       ``(II) Exception.--A meeting, or any portion of a meeting, 
     may be closed if the Board, in public session, votes to close 
     the meeting because the matters to be discussed--

       ``(aa) relate solely to the internal personnel rules and 
     practices of the Center;
       ``(bb) may result in disclosure of commercial or financial 
     information obtained from a person that is privileged or 
     confidential;
       ``(cc) may disclose information of a personal nature where 
     disclosure would constitute a clearly unwarranted invasion of 
     personal privacy; or
       ``(dd) are matters that are specifically exempted from 
     disclosure by Federal or State law.
       ``(iii) Public announcement.--At least 1 week before a 
     meeting of the Board, and as soon as practicable thereafter 
     if there are any changes to the information described in 
     subclauses (I) through (III), the Board shall make a public 
     announcement of the meeting that describes--

       ``(I) the time, place, and subject matter of the meeting;
       ``(II) whether the meeting is to be open or closed to the 
     public; and
       ``(III) the name and appropriate contact information of a 
     person who can respond to requests for information about the 
     meeting.

       ``(iv) Record.--The Board shall keep a transcript of 
     minutes from each Board meeting. Such transcript shall be 
     made available to the public in an accessible format, except 
     for portions of the meeting that are closed pursuant to 
     subparagraph (A)(ii)(II).
       ``(B) Quorum.--A majority of members of the Board shall 
     constitute a quorum.
       ``(C) Restriction.--No member of the Board shall 
     participate in any proceeding, application, ruling or other 
     determination, contract claim, scholarship award, 
     controversy, or other matter in which the member, the 
     member's employer or prospective employer, or the member's 
     spouse, partner, or minor child has a direct financial 
     interest. Any person who violates this subparagraph may be 
     fined not more than $10,000, imprisoned for not more than 2 
     years, or both.
       ``(D) Executive director.--The Board shall appoint and fix 
     the pay of an Executive Director of the Center (in this 
     section referred to as the `Executive Director') who shall--
       ``(i) serve as a Member of the Board;
       ``(ii) serve at the pleasure of the Board, under such terms 
     and conditions as the Board shall establish;
       ``(iii) is subject to removal by the Board at the 
     discretion of the Board; and
       ``(iv) be responsible for the daily management and 
     operation of the Center and for carrying out the purposes and 
     duties of the Center.
       ``(E) Appointment of personnel.--The Board shall designate 
     to the Executive Director the authority to appoint additional 
     personnel as the Board considers appropriate and necessary to 
     carry out the purposes and duties of the Center.
       ``(F) Public information.--Nothing in this section may be 
     construed to withhold disclosure of information or records 
     that are subject to disclosure under section 552 of title 5.
       ``(c) Purpose of the Center.--The purpose of the Center is 
     to--
       ``(1) develop a skilled and robust U.S. aviation and 
     aerospace workforce;
       ``(2) provide a forum to support collaboration and 
     cooperation between governmental, non-governmental, and 
     private aviation and aerospace sector stakeholders regarding 
     the advancement of the U.S. aviation and aerospace workforce, 
     including general, business, and commercial aviation, 
     education, labor, manufacturing and international 
     organizations; and
       ``(3) serve as a repository for research conducted by 
     institutions of higher education, research institutions, or 
     other stakeholders regarding the aviation and aerospace 
     workforce, or related technical and skill development.
       ``(d) Duties of the Center.--In order to accomplish the 
     purpose described in subsection (c), the Center shall perform 
     the following duties:
       ``(1) Improve access to aviation and aerospace education 
     and related skills training to help grow the U.S. aviation 
     and aerospace workforce, including--
       ``(A) assessing the current U.S. aviation and aerospace 
     workforce challenges and identifying actions to address these 
     challenges, including by developing a comprehensive workforce 
     strategy;
       ``(B) establishing scholarship, apprenticeship, internship 
     or mentorship programs for individuals who wish to pursue a 
     career in an aviation- or aerospace-related field, including 
     individuals in economically disadvantaged areas or 
     individuals who are members of underrepresented groups in the 
     aviation and aerospace sector;
       ``(C) supporting the development of aviation and aerospace 
     education curricula, including syllabi, training materials, 
     and lesson plans, for use by middle schools and high schools, 
     institutions of higher education, secondary education 
     institutions, or technical training and vocational schools; 
     and
       ``(D) building awareness of youth-oriented aviation and 
     aerospace programs and other outreach programs.
       ``(2) Support the personnel or veterans of the Armed Forces 
     seeking to transition to a career in civil aviation or 
     aerospace through outreach, training, apprenticeships, or 
     other means.
       ``(3) Amplify and support the research and development 
     efforts conducted as part of the National Aviation Research 
     Plan, as required under section 44501(c), and work done at 
     the Centers of Excellence and Technical Centers of the 
     Federal Aviation Administration regarding the aviation and 
     aerospace workforce, or related technical and skills 
     development, including organizing and hosting symposiums, 
     conferences, and other forums as appropriate, between the 
     Federal Aviation Administration, aviation and aerospace 
     stakeholders, and other interested parties, to discuss 
     current and future research efforts and technical work.
       ``(e) Grants.--
       ``(1) In general.--In order to accomplish the purpose under 
     subsection (c) and duties under subsection (d), the Center 
     may issue grants to eligible entities to--
       ``(A) create, develop, deliver, or update--
       ``(i) middle and high school aviation curricula, including 
     syllabi, training materials, equipment and lesson plans, that 
     are designed to prepare individuals to become aircraft 
     pilots, aerospace engineers, unmanned aircraft system 
     operators, aviation maintenance technicians, or other 
     aviation maintenance professionals, or to support the 
     continuing education of any of the aforementioned 
     individuals; or
       ``(ii) aviation curricula, including syllabi, training 
     materials, equipment and lesson

[[Page S5603]]

     plans, used at institutions of higher education, secondary 
     education institutions, or by technical training and 
     vocational schools, that are designed to prepare individuals 
     to become aircraft pilots, aerospace engineers, unmanned 
     aircraft system operators, aviation maintenance technicians, 
     or other aviation maintenance professionals, or to refresh 
     the knowledge of any of the aforementioned individuals; or
       ``(B) support the professional development of educators 
     using the curriculum in subparagraph (A);
       ``(C) establish new education programs that teach technical 
     skills used in aviation maintenance, including purchasing 
     equipment, or to improve existing programs;
       ``(D) establish scholarships, internships or 
     apprenticeships for individuals pursuing employment in the 
     aviation maintenance industry;
       ``(E) support outreach about educational opportunities and 
     careers in the aviation maintenance industry, including in 
     economically disadvantaged areas; or
       ``(F) support the transition to careers in aviation 
     maintenance, including for members of the Armed Forces.
       ``(2) Eligible entities.--An eligible entity under this 
     subsection includes--
       ``(A) an air carrier, as defined in section 40102, an air 
     carrier engaged in intrastate or intra-U.S. territorial 
     operations, an air carrier engaged in commercial operations 
     covered by part 135 or part 91 of title 14, Code of Federal 
     Regulations, operations, or a labor organization representing 
     aircraft pilots;
       ``(B) an accredited institution of higher education or a 
     high school or secondary school (as defined in section 8101 
     of the Higher Education Act of 1965 (20 U.S.C. 7801));
       ``(C) a flight school that provides flight training, as 
     defined in part 61 of title 14, Code of Federal Regulations, 
     or that holds a pilot school certificate under part 141 of 
     title 14, Code of Federal Regulations;
       ``(D) a State or local governmental entity; or
       ``(E) an organization representing aircraft users, aircraft 
     owners, or aircraft pilots;
       ``(F) a holder of a certificate issued under part 21, 121, 
     135, or 145 of title 14, Code of Federal Regulations or a 
     labor organization representing aviation maintenance workers; 
     or
       ``(G) other organizations at the discretion of the Board.
       ``(3) Limitation.--No organization that receives a grant 
     under this section may sell or make a profit from the 
     creation, development, delivery, or updating of high school 
     aviation curricula.
       ``(f) Administrative Matters of the Center.--
       ``(1) Detailees.--
       ``(A) In general.--At the request of the Center, the head 
     of any Federal agency or department may, at the discretion of 
     such agency or department, detail to the Center, on a 
     reimbursable basis, any employee of the agency or department.
       ``(B) Civil servant status.--The detail of an employee 
     under subparagraph (A) shall be without interruption or loss 
     of civil service status or privilege.
       ``(2) Names and symbols.--The Center may accept, retain, 
     and use proceeds derived from the Center's use of the 
     exclusive right to use its name and seal, emblems, and badges 
     incorporating such name as lawfully adopted by the Board in 
     furtherance of the purpose and duties of the Center.
       ``(3) Gifts, grants, bequests, and devises.--The Center may 
     accept, retain, use, and dispose of gifts, grants, bequests, 
     or devises of money, services, or property from any public or 
     private source for the purpose of covering the costs incurred 
     by the Center in furtherance of the purpose and duties of the 
     Center.
       ``(4) Voluntary services.--The Center may accept from any 
     person voluntary services to be provided in furtherance of 
     the purpose and duties of the Center.
       ``(g) Restrictions of the Center.--
       ``(1) Profit.--The Center may not engage in business 
     activity for profit.
       ``(2) Stocks and dividends.--The Center may not issue any 
     shares of stock or declare or pay any dividends.
       ``(3) Political activities.--The Center shall be 
     nonpolitical and may not provide financial aid or assistance 
     to, or otherwise contribute to or promote the candidacy of, 
     any individual seeking elective public office or political 
     party. The Center may not engage in activities that are, 
     directly, or indirectly, intended to be or likely to be 
     perceived as advocating or influencing the legislative 
     process.
       ``(4) Distribution of income or assets.--The assets of the 
     Center may not inure to the benefit of any member of the 
     Board, or any officer or employee of the Center or be 
     distributed to any person. This subsection does not prevent 
     the payment of reasonable compensation to any officer, 
     employee, or other person or reimbursement for actual and 
     necessary expenses in amounts approved by the Board.
       ``(5) Loans.--The Center may not make a loan to any member 
     of the Board or any officer or employee of the Center.
       ``(6) No claim of governmental approval or authority.--The 
     Center may not claim approval of Congress or of the authority 
     of the United States for any of its activities.
       ``(h) Advisory Committee.--
       ``(1) In general.--The Executive Director shall appoint 
     members to an advisory committee subject to approval by the 
     Board. Members of the Board may not sit on the advisory 
     committee.
       ``(2) Membership.--The advisory committee shall consist of 
     15 members who represent various aviation industry and labor 
     stakeholders, stakeholder associations, and others as 
     determined appropriate by the Board. The advisory committee 
     shall select a Chair and Vice Chair from among its members by 
     majority vote. Members of the advisory committee shall be 
     appointed for a term of 5 years.
       ``(3) Duties.--The advisory committee shall--
       ``(A) provide recommendations to the Board on an annual 
     basis regarding the priorities for the activities of the 
     Center;
       ``(B) consult with the Board on an ongoing basis regarding 
     the appropriate powers of the Board to accomplish the 
     purposes and duties of the Center;
       ``(C) provide relevant data and information to the Center 
     in order to carry out the duties set forth in subsection (d); 
     and
       ``(D) nominate United States citizens for consideration by 
     the Board to be honored annually by the Center for such 
     citizens' efforts in promoting U.S. aviation or aviation 
     education and enhancing the aviation workforce in the United 
     States.
       ``(4) Meetings.--The provisions for meetings of the Board 
     under subsection (b)(5) shall apply as similarly as is 
     practicable to meetings of the advisory committee.
       ``(i) Working Groups.--
       ``(1) In general.--The Board may establish and appoint the 
     membership of the working groups as determined necessary and 
     appropriate to achieve the purpose of the Center under 
     subsection (c).
       ``(2) Membership.--Any working group established by the 
     Board shall have members representing various aviation 
     industry and labor stakeholders, stakeholder associations, 
     and others, as determined appropriate by the Board. Once 
     established, the membership of such working group shall 
     choose a Chair from among the members of the working group by 
     majority vote.
       ``(3) Termination.--Unless determined otherwise by the 
     Board, any working group established by the Board under this 
     subsection shall be constituted for a time period of not more 
     than 3 years.
       ``(j) Records of Accounts.--The Center shall keep correct 
     and complete records of accounts.
       ``(k) Duty to Maintain Tax-exempt Status.--The Center shall 
     be operated in a manner and for purposes that qualify the 
     Center for exemption from taxation under the Internal Revenue 
     Code as an organization described in section 501(c)(3) of 
     such Code.
       ``(l) Annual Report.--The Board shall submit an annual 
     report to the appropriate committees of Congress that, at 
     minimum,--
       ``(1) includes a review and examination of--
       ``(A) the activities performed as set forth in subsections 
     (d) and (e) during the prior fiscal year;
       ``(B) the advisory committee as described under subsection 
     (h); and
       ``(C) the working groups as described under subsection (i); 
     and
       ``(2) provides recommendations to improve the role, 
     responsibilities, and functions of the Center to achieve the 
     purpose set forth in subsection (c).
       ``(m) Audit by the Department of Transportation Inspector 
     General.--
       ``(1) In general.--Not later than 2 years after the date on 
     which the Center is established under subsection (a), the 
     inspector general of the Department of Transportation shall 
     conduct a review of the Center.
       ``(2) Contents.--The review shall--
       ``(A) include, at a minimum--
       ``(i) an evaluation of the efforts taken at the Center to 
     achieve the purpose set forth in subsection (c); and
       ``(ii) the recommendations provided by the Board in 
     subsection (l)(2); and
       ``(B) provide any other information that the inspector 
     general determines is appropriate.
       ``(3) Report on audit.--
       ``(A) Report to secretary.--Not later than 30 days after 
     the date of completion of the audit, the inspector general 
     shall submit to the Secretary a report on the results of the 
     audit.
       ``(B) Report to congress.--Not later than 60 days after the 
     date of receipt of the report under subparagraph (A), the 
     Secretary shall submit to the appropriate committees of 
     Congress a copy of the report, together with, if appropriate, 
     a description of any actions taken or to be taken to address 
     the results of the audit.
       ``(n) Funding.--
       ``(1) In general.--In order to carry out this section, 
     notwithstanding any other provision of law, an amount equal 
     to 3 percent of the interest from investment credited to the 
     Airport and Airway Trust Fund shall be transferred annually 
     from the Airport and Airway Trust Fund as a direct lump sum 
     payment on the first day of October to the Center to carry 
     out this section and shall be available until expended 
     without further act of appropriation.
       ``(2) Calculation.--In carrying out paragraph (1), the 
     Secretary of the Treasury shall calculate the transfer of 
     funding based on the estimates of revenues into the Airport 
     and Airway Trust Fund from the previous fiscal year.
       ``(o) Exception.--The Secretary of Transportation may 
     temporarily waive expenditures or obligations under 
     subsection (n) in the case of--
       ``(1) an appropriation measure for a fiscal year is not 
     enacted before the beginning of

[[Page S5604]]

     such fiscal year or a joint resolution making continuing 
     appropriations is not in effect; or
       ``(2) a national emergency or other significant event that 
     results in a significant loss in total funding to the Airport 
     and Airway Trust Fund, as determined by the Secretary.
       ``(p) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(3) STEM.--The term `STEM' means science, technology, 
     engineering, and mathematics.''.
       (c) Clerical Amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 119 the following:

``120. National Center for the Advancement of Aviation.''.
       (d) Expenditure Authority From the Airport and Airways 
     Trust Fund.--Section 9502(d)(1)(A) of the Internal Revenue 
     Code of 1986 is amended by striking the semicolon at the end 
     and inserting ``or the National Center for the Advancement of 
     Aviation Act of 2022;''.
       (e) Prevention of Duplicative Programs.--The Board of 
     Directors of the National Center for the Advancement of 
     Aviation established under section 120 of title 49, United 
     States Code (as added by subsection (b) of this section), 
     shall coordinate with the Administrator of the Federal 
     Aviation Administration to prevent any programs of the Center 
     from duplicating programs established under section 625 of 
     the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
                                 ______
                                 
  SA 6071. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS LOAN 
                   GUARANTEE FOR PURCHASE OF RESIDENTIAL 
                   COOPERATIVE HOUSING UNITS.

       (a) In General.--Section 3710 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)(12), by striking ``With respect to a 
     loan guaranteed after the date of the enactment of this 
     paragraph and before the date that is five years after that 
     date, to'' and inserting ``To''; and
       (2) by striking subsection (h) and inserting the following 
     new subsection (h):
       ``(h) A loan may not be guaranteed under subsection (a)(12) 
     before the date on which the Secretary prescribes regulations 
     setting forth requirements for underwriting, loan processing, 
     project standards, share eligibility, valuation, and other 
     criteria the Secretary determines necessary. The Secretary 
     shall ensure that such regulations are consistent, to the 
     extent the Secretary determines suitable, with the 
     requirements of the Federal National Mortgage Association for 
     the purchase or securitization of cooperative housing 
     loans.''.
       (b) Authority To Advertise.--The Secretary of Veterans 
     Affairs shall use the authority of the Secretary under 
     section 532 of title 38, United States Code, to advertise the 
     availability of loan guarantees for housing cooperative share 
     loans under section 3710(a)(12) of such title and shall take 
     such other appropriate actions as may be necessary, including 
     by the issuance of guidance, to notify eligible veterans, 
     participating lenders, and interested realtors of the 
     availability of such loan guarantees and the procedures and 
     requirements that apply to the obtaining of such guarantees.
                                 ______
                                 
  SA 6072. Mr. TESTER (for himself 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 end of subtitle G of title X, add the following:

     SEC. 1077. PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR 
                   VETERANS ACCESSING READJUSTMENT COUNSELING 
                   SERVICES.

       (a) Pilot Program Required.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall establish and commence a pilot 
     program, within the Readjustment Counseling Service of the 
     Veterans Health Administration, to assess the feasibility and 
     advisability of providing payment to cover or offset 
     financial difficulties of an individual in accessing or using 
     transportation to and from the nearest Vet Center providing 
     the necessary readjustment counseling services for the plan 
     of service of the individual.
       (b) Participation.--
       (1) In general.--In carrying out the pilot program required 
     by subsection (a), the Secretary shall limit participation--
       (A) by individuals pursuant to paragraph (2); and
       (B) by Vet Centers pursuant to paragraph (3).
       (2) Participation by individuals.--
       (A) In general.--The Secretary shall limit participation in 
     the pilot program to individuals who are--
       (i) eligible for services at a Vet Center participating in 
     the pilot program; and
       (ii) experiencing financial hardship.
       (B) Financial hardship.--The Secretary shall determine the 
     meaning of ``financial hardship'' for purposes of 
     subparagraph (A)(ii).
       (3) Participation of vet centers.--Vet Centers 
     participating in the program shall be chosen by the Secretary 
     from among those Vet Centers serving individuals in areas 
     designated by the Secretary as rural, highly rural, or Tribal 
     land.
       (c) Travel Allowances and Reimbursements.--Under the pilot 
     program required by subsection (a), the Secretary shall 
     provide a participating individual a travel allowance or 
     reimbursement at the earliest time practicable, but not later 
     than 10 business days before the date of the appointment for 
     which such allowance or reimbursement is to be used.
       (d) Duration.--The Secretary shall carry out the pilot 
     program required by subsection (a) during the five-year 
     period beginning on the date of the commencement of the pilot 
     program.
       (e) Locations.--
       (1) In general.--The Secretary shall carry out the pilot 
     program at not fewer than five locations selected by the 
     Secretary for purposes of the pilot program.
       (2) Existing initiative.--Of the locations selected under 
     paragraph (1), four of which shall be the locations 
     participating in the initiative required under section 104 of 
     the Honoring America's Veterans and Caring for Camp Lejeune 
     Families Act of 2012 (Public Law 112-154; 126 Stat. 1169) as 
     of the date of the enactment of this Act.
       (f) Annual Reports.--
       (1) In general.--Not later than one year after the date of 
     the commencement of the pilot program required by subsection 
     (a) and each year thereafter for the duration of the pilot 
     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 findings of the Secretary with respect to the pilot 
     program.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) The number of individuals who benefitted from the pilot 
     program, disaggregated by age, race or ethnicity, and sex, to 
     the extent possible.
       (B) The average distance traveled by each individual to a 
     Vet Center under the pilot program.
       (C) The definition of financial hardship determined by the 
     Secretary under subsection (b)(2)(B).
       (D) A description of how funds are distributed under the 
     pilot program.
       (E) The average amount of funds distributed per instance, 
     disaggregated by Vet Center.
       (F) A description of any impediments to the Secretary in 
     paying expenses or allowances under the pilot program.
       (G) An assessment of the potential for fraudulent receipt 
     of payment under the pilot program and the recommendations of 
     the Secretary for legislative or administrative action to 
     reduce such fraud.
       (H) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate with respect to 
     the payment of such expenses or allowances.
       (g) Vet Center Defined.--In this section, the term ``Vet 
     Center'' means a center for readjustment counseling and 
     related mental health services for veterans under section 
     1712A of title 38, United States Code.
                                 ______
                                 
  SA 6073. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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:

[[Page S5605]]

  


     SEC. 564. IMPROVEMENT OF AUTHORITY ON LANGUAGE TRAINING 
                   CENTERS FOR MEMBERS OF THE ARMED FORCES AND 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--Subsection (a) of section 529 of the 
     National Defense Authorization Act for Fiscal Year 2010 (10 
     U.S.C. 2001 note prec.) is amended by striking ``may carry 
     out'' and inserting ``shall carry out''.
       (b) Conforming Amendments.--Such section is further amended 
     by striking ``authorized by subsection (a)'' each place it 
     appears and inserting ``required by subsection (a)''.
                                 ______
                                 
  SA 6074. Mr. TESTER (for himself 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 end of subtitle G of title X, add the following:

     SEC. 1077. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT OF 
                   2022.

       (a) Presumption of Service Connection for Certain Diseases 
     Associated With Exposure to Burn Pits and Other Toxins.--
     Section 1120(b)(2) of title 38, United States Code, as added 
     by section 406(b) of the Honoring our PACT Act of 2022 
     (Public Law 117-168; 136 Stat. 1784), is amended--
       (1) by striking subparagraph (G); and
       (2) by redesignating subparagraphs (H) through (K) as (G) 
     through (J), respectively.
       (b) Congressional Approval of Certain Medical Facility 
     Acquisitions.--Subparagraph (C) of section 703(c)(5) of the 
     Honoring our PACT Act of 2022 (Public Law 117-168; 136 Stat. 
     1797) is amended to read as follows:
       ``(C) by striking `or a major medical facility lease (as 
     defined in subsection (a)(3)(B))';''.
       (c) Use of Competitive Procedures to Acquire Space for the 
     Purpose of Providing Health-care Resources to Veterans.--
     Subsection (h)(1) of section 8103 of title 38, United States 
     Code, as added by section 704 of the Honoring our PACT Act of 
     2022 (Public Law 117-168; 136 Stat. 1799), is amended by 
     striking ``section 2304 of title 10'' and inserting ``section 
     3301 of title 41''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Honoring our PACT Act of 2022 (Public Law 117-168).
                                 ______
                                 
  SA 6075. Mr. TESTER (for himself, Mr. Crapo, Mr. Bennet, Mr. 
Blumenthal, Mr. Brown, Mrs. Capito, Mr. Casey, Mr. Coons, Mr. Cornyn, 
Mr. Cramer, Mr. Cruz, Mr. Durbin, Mrs. Feinstein, Mr. Graham, Ms. 
Hassan, Mr. Hickenlooper, Ms. Hirono, Mrs. Hyde-Smith, Mr. Kelly, Mr. 
King, Ms. Klobuchar, Mr. Leahy, Mr. Lujan, Mr. Manchin, Mr. Menendez, 
Mr. Merkley, Mr. Moran, Mrs. Murray, Mr. Ossoff, Mr. Padilla, Mr. 
Peters, Mr. Portman, Mr. Risch, Ms. Rosen, Mr. Rounds, Mr. Rubio, Mr. 
Sanders, Mrs. Shaheen, Ms. Stabenow, Mr. Van Hollen, Mr. Warner, and 
Mr. Warnock) 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 end of subtitle D of title VI, add the following:

     SEC. 632. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 
                   20 YEARS OF SERVICE AND A COMBAT-RELATED 
                   DISABILITY FOR CONCURRENT RECEIPT OF VETERANS' 
                   DISABILITY COMPENSATION AND RETIRED PAY.

       (a) Concurrent Receipt in Connection With CSRC.--Section 
     1413a(b)(3)(B) of title 10, United States Code, is amended by 
     striking ``creditable service,'' and all that follows and 
     inserting the following: ``creditable service--
       ``(i) the retired pay of the retiree is not subject to 
     reduction under sections 5304 and 5305 of title 38; and
       ``(ii) no monthly amount shall be paid the retiree under 
     subsection (a).''.
       (b) Concurrent Receipt Generally.--Section 1414(b)(2) of 
     title 10, United States Code, is amended by striking 
     ``Subsection (a)'' and all that follows and inserting the 
     following: ``Subsection (a)--
       ``(A) applies to a member described in paragraph (1) of 
     that subsection who is retired under chapter 61 of this title 
     with less than 20 years of service otherwise creditable under 
     chapter 1405 of this title, or with less than 20 years of 
     service computed under section 12732 of this title, at the 
     time of the member's retirement if the member has a combat-
     related disability (as that term is defined in section 
     1413a(e) of this title), except that in the application of 
     subsection (a) to such a member, any reference in that 
     subsection to a qualifying service-connected disability shall 
     be deemed to be a reference to that combat-related 
     disability; but
       ``(B) does not apply to any member so retired if the member 
     does not have a combat-related disability.''.
       (c) Technical and Conforming Amendments.--
       (1) Amendments reflecting end of concurrent receipt phase-
     in period.--Section 1414 of title 10, United States Code, is 
     further amended--
       (A) in subsection (a)(1)--
       (i) by striking the second sentence; and
       (ii) by striking subparagraphs (A) and (B);
       (B) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively; and
       (C) in subsection (d), as redesignated, by striking 
     paragraphs (3) and (4).
       (2) Section heading.--The heading of such section 1414 is 
     amended to read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       receipt''.

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 1414 and inserting the following 
     new item:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent receipt.''.
       (4) Conforming amendment.--Section 1413a(f) of such title 
     is amended by striking ``Subsection (d)'' and inserting 
     ``Subsection (c)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning after the date of the enactment of this Act and 
     shall apply to payments for months beginning on or after that 
     date.
                                 ______
                                 
  SA 6076. Mr. TESTER (for himself and 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 G of title X, add the following:

     SEC. 1077. TECHNICAL CORRECTION TO ELIGIBILITY FOR COUNSELING 
                   AND TREATMENT FOR MILITARY SEXUAL TRAUMA TO 
                   INCLUDE ALL FORMER MEMBERS OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       Section 1720D of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``a physical assault of a 
     sexual nature'' and all that follows through the period at 
     the end and inserting ``military sexual trauma.''; and
       (B) in paragraph (2)(A), by striking ``that was suffered by 
     the member while serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10)''; and
       (2) by striking subsections (f) and (g) and inserting the 
     following new subsection (f):
       ``(f) In this section:
       ``(1) The term `former member of the Armed Forces' means a 
     person who served on active duty, active duty for training, 
     or inactive duty training, and who was discharged or released 
     therefrom under any condition that is not--
       ``(A) a discharge by court-martial; or
       ``(B) a discharge subject to a bar to benefits under 
     section 5303 of this title.
       ``(2) The term `military sexual trauma' means, with respect 
     to a former member of the Armed Forces, a physical assault of 
     a sexual nature, battery of a sexual nature, or sexual 
     harassment which occurred while the former member of the 
     Armed Forces was serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10).
       ``(3) The term `sexual harassment' means unsolicited verbal 
     or physical contact of a sexual nature which is threatening 
     in character.''.
                                 ______
                                 
  SA 6077. 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 end of subtitle D of title III, add the following:

     SEC. 357. SENSE OF CONGRESS ON PROCUREMENT OF TECHNOLOGY FOR 
                   WEAPONS SYSTEMS.

       It is the Sense of Congress that in order to begin to 
     improve the mission readiness of

[[Page S5606]]

     the critical weapons systems of the United States and to 
     materially reduce costs associated with the maintenance of 
     those weapons systems, such sums as needed should be 
     appropriated for the procurement of technology that has been 
     validated to simultaneously monitor circuit paths under test 
     and continuously detect and isolate the precise location of 
     intermittent circuit failures in durations as short as 100 
     nanoseconds.
                                 ______
                                 
  SA 6078. 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 E of title XII, add the following:

     SEC. 1262. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL 
                   TENDER IN EL SALVADOR.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of the Treasury, in coordination with the heads of 
     other relevant Federal departments and agencies, shall 
     jointly submit to the appropriate committees of Congress a 
     report on the adoption by the Government of El Salvador of a 
     cryptocurrency as legal tender.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the process followed by the Government 
     of El Salvador to develop and enact the Bitcoin Law 
     (Legislative Decree No. 57, Official Record No. 110, Volume 
     431, enacted June 9, 2021), which provides the 
     cryptocurrency, Bitcoin, with legal tender status in El 
     Salvador.
       (2) An assessment of--
       (A) the regulatory framework in El Salvador with respect to 
     the adoption of a cryptocurrency as legal tender and the 
     technical capacity of El Salvador to ensure the financial 
     integrity and cybersecurity standards associated with 
     virtual-asset transactions;
       (B) whether the regulatory framework in El Salvador meets 
     the recommendations of the Financial Action Task Force with 
     respect to virtual-asset transactions;
       (C) the impact on individuals and businesses of requiring 
     tender of Bitcoin; and
       (D) the impact of such adoption of a cryptocurrency on--
       (i) the macroeconomic stability and public finances of El 
     Salvador, including taxation;
       (ii) the rule of law and democratic governance in El 
     Salvador;
       (iii) the unbanked population in El Salvador;
       (iv) the flow of remittances from the United States to El 
     Salvador;
       (v) El Salvador's relations with multilateral financial 
     institutions, such as the International Monetary Fund and the 
     Word Bank;
       (vi) bilateral and international efforts to combat 
     transnational illicit activities;
       (vii) El Salvador's bilateral economic and commercial 
     relationship with the United States and the potential for 
     reduced use by El Salvador of the United States dollar;
       (viii) existing United States sanctions frameworks and the 
     potential for the use of cryptocurrency to affect such 
     sanctions;
       (ix) the environmental impact of cryptocurrency mining 
     activities in El Salvador and the capacity of the electric 
     grid in El Salvador to deliver electricity meeting or 
     exceeding the level available before the adoption of a 
     cryptocurrency as legal tender; and
       (x) the feasibility of using cryptocurrency mining 
     activities for purposes of enhancing grid resiliency in El 
     Salvador.
       (3) A description of the internet infrastructure of El 
     Salvador and an assessment of--
       (A) the degree to which cryptocurrency is used in El 
     Salvador;
       (B) matters relating to chain of custody and the potential 
     for hacking and cybertheft of cryptocurrency; and
       (C) access to transparent and affordable internet and 
     digital infrastructure among the unbanked population of El 
     Salvador.
       (c) Plan To Mitigate Potential Significant Risks to United 
     States Financial System Posed by Adoption of Cryptocurrency 
     as Legal Tender in Certain Countries.--Not later than 90 days 
     after the submittal of the report required by subsection (a), 
     the Secretary of State and the Secretary of the Treasury, in 
     coordination with the heads of other relevant Federal 
     departments and agencies, shall jointly submit to the 
     appropriate committees of Congress a plan to mitigate any 
     potential risk to the United States financial system posed by 
     the adoption of a cryptocurrency as legal tender in--
       (1) El Salvador; and
       (2) any other country that uses the United States dollar as 
     legal tender.
       (d) Subsequent Report.--Not later than 270 days after the 
     submittal of the report required by subsection (a), the 
     Secretary of State and the Secretary of the Treasury, in 
     coordination with the heads of other relevant Federal 
     departments and agencies, shall jointly submit to the 
     appropriate committees of Congress an updated version of such 
     report, including a description of any significant 
     development related to the risks to the United States 
     financial system posed by the use of a cryptocurrency as 
     legal tender in El Salvador.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
                                 ______
                                 
  SA 6079. Mr. LANKFORD (for himself and Ms. Sinema) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1035. INTERAGENCY STRATEGY FOR CREATING A UNIFIED 
                   POSTURE ON COUNTER-UNMANNED AIRCRAFT SYSTEMS 
                   CAPABILITIES AND PROTECTIONS AT INTERNATIONAL 
                   BORDERS OF THE UNITED STATES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting the Border from Unmanned Aircraft Systems Act''
       (b) Definitions.-- In this section:
       (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 Committee on the Judiciary of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Appropriations of the Senate;
       (F) the Committee on Homeland Security of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives;
       (H) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (I) the Committee on Energy and Commerce of the House of 
     Representatives;
       (J) the Committee on Armed Services of the House of 
     Representatives; and
       (K) the Committee on Appropriations of the House of 
     Representatives.
       (2) Covered facility or asset.--The term ``covered facility 
     or asset'' has the meaning given such term in section 
     210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C. 
     124n(k)(3)).
       (c) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall work with the Attorney General, the Administrator of 
     the Federal Aviation Administration, and the Secretary of 
     Defense to develop a strategy for creating a unified posture 
     on counter-unmanned aircraft systems (referred to in this 
     section as ``C-UAS'') capabilities and protections at--
       (1) covered facilities or assets along international 
     borders of the United States; and
       (2) any other border-adjacent facilities or assets at which 
     such capabilities may be utilized under Federal law.
       (d) Elements.--The strategy required to be developed under 
     subsection (c) shall include the following elements:
       (1) An examination of C-UAS capabilities at covered 
     facilities or assets along the border, or such other border-
     adjacent facilities or assets at which such capabilities may 
     be utilized under Federal law, and their usage to detect or 
     mitigate credible threats to homeland security, including the 
     facilitation of illicit activities, or for other purposes 
     authorized by law.
       (2) An examination of efforts to protect privacy and civil 
     liberties in the context of C-UAS operations, including with 
     respect to impacts on border communities and protections of 
     the First and Fourth Amendments to the United States 
     Constitution.
       (3) An examination of intelligence sources and methods, 
     including drone operators and artificial intelligence 
     equipment, and relevant due process considerations.
       (4) An assessment of the availability and interoperability 
     of C-UAS detection and mitigation technology.
       (5) An assessment of the training, including training 
     relating to the protection of privacy and civil liberties, 
     required for successful operation of C-UAS detection and 
     mitigation technology.
       (6) An assessment of specific methods of operability for 
     deployment and recommendations for additional resources 
     needed.
       (7) An assessment of interagency research and development 
     efforts, including the potential for expanding such efforts.
       (e) Submission to Congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit the strategy developed 
     pursuant to subsection (c) to the appropriate congressional 
     committees.

[[Page S5607]]

       (f) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter for the 
     following 7 years, the Secretary of Homeland Security, the 
     Attorney General, the Administrator of the Federal Aviation 
     Administration, and the Secretary of Defense shall jointly 
     submit a report to the appropriate congressional committees 
     that describes--
       (1) the resources necessary to carry out the strategy 
     developed pursuant to subsection (c); and
       (2) any significant developments relating to the elements 
     described in subsection (d).
                                 ______
                                 
  SA 6080. 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. ENSURING UKRAINIAN SOVEREIGNTY.

       (a) Short Title.--This section may be cited as the 
     ``Ensuring Ukrainian Sovereignty Act''.
       (b) Purpose.--The purpose of this section is to ensure that 
     any country that recognizes the annexation by the Russian 
     Federation of any part of Ukraine, including any territory 
     taken from Ukraine beginning in 2014 and the results of any 
     referenda sponsored by the Russian Federation that are held 
     within Russian-occupied areas of Ukraine's Donetsk, Luhansk, 
     Zaporizhzhia, and Kherson regions, does not receive any 
     economic or military assistance from the United States.
       (c) Termination of Foreign Assistance.--
       (1) Restrictions.--The President shall immediately 
     terminate all economic and military assistance from the 
     United States to any country that recognizes any annexation 
     described in subsection (b) and is prohibited from providing 
     any such assistance to any such country.
       (2) Report.--The President shall--
       (A) submit a report to Committee on Foreign Relations of 
     the Senate, the Committee on Armed Services of the Senate, 
     the Committee on Appropriations of the Senate, the Committee 
     on Foreign Affairs of the House of Representatives, the 
     Committee on Armed Services of the House of Representatives, 
     and the Committee on Appropriations of the House of 
     Representatives that--
       (i) lists all of the countries that are subject to the 
     restrictions described in paragraph (1); and
       (ii) identifies the amount of funding affected by such 
     restrictions, disaggregated by country and program; and
       (B) submit an update of such report to the committees 
     referred to in subparagraph (A) whenever a country is added 
     to, or removed from, the list referred to in subparagraph 
     (A).
                                 ______
                                 
  SA 6081. 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 E of title X, add the following:

     SEC. 1052. PROHIBITION ON THE INDEFINITE DETENTION OF 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       (a) Short Title.--This section may be cited as the ``Due 
     Process Guarantee Act''.
       (b) Limitation on Detention.--
       (1) In general.--Section 4001(a) of title 18, United States 
     Code, is amended--
       (A) by striking ``No citizen'' and inserting the following:
       ``(1) No citizen or lawful permanent resident of the United 
     States''; and
       (B) 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 expressly authorize such 
     imprisonment or detention.''.
       (2) Applicability.--Nothing in section 4001(a)(2) of title 
     18, United States Code, as added by paragraph (1)(B), 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 prior to the date of the enactment of this Act.
       (c) 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 subsection (b) is 
     further amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) 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) This section may not 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 6082. 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 XII, add the following:

     SEC. 1276. TRANSFER OF EXCESS OLIVER HAZARD PERRY-CLASS 
                   GUIDED-MISSILE FRIGATES TO EGYPT.

       (a) In General.--The President is authorized to transfer to 
     the Government of Egypt the Oliver Hazard Perry-class guided-
     missile frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-
     55) on a grant basis under section 516 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j) on or after the date 
     on which the President submits to the appropriate committees 
     of Congress a certification described in subsection (b).
       (b) Certification.--The certification described in this 
     subsection is a certification of the President of the 
     following:
       (1) The President has received reliable assurances that the 
     Government of Egypt and any Egyptian state-owned 
     enterprises--
       (A) are not knowingly engaged in any activity subject to 
     sanctions under the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9401 et seq.), including an activity 
     related to Russian Su-35 warplanes or other advanced military 
     technologies; and
       (B) will not knowingly engage in activity subject to 
     sanctions under the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9401 et seq.) in the future.
       (2) The Egyptian crews participating in training related to 
     and involved in the operation of the vessels transferred 
     under this section are subject to the requirements of section 
     620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), 
     section 362 of title 10, United States Code, and other 
     relevant human rights vetting to ensure that United States-
     funded assistance related to the transfer of the vessels 
     under this section are not provided to Egyptian security 
     forces that have committed gross violations of 
     internationally recognized human rights or other documented 
     human rights abuses.
       (3) The Government of Egypt is no longer unlawfully or 
     wrongfully detaining United States nationals or lawful 
     permanent residents, based on criteria that may include--
       (A) the detained individual has presented credible 
     information of factual innocence to United States officials;
       (B) information exists that the individual is detained 
     solely or substantially because he or she is a citizen or 
     national of the United States;
       (C) information exists that the individual is being 
     detained in violation of internationally protected rights and 
     freedoms, such as freedom of expression, association, 
     assembly, or religion;
       (D) the individual is being detained in violation of the 
     laws of the detaining country;
       (E) independent nongovernmental organizations or 
     journalists have raised legitimate questions about the 
     innocence of the detained individual;
       (F) the United States embassy in the country in which the 
     individual is detained has received credible reports that the 
     detention is a pretext;
       (G) police reports show evidence of the lack of a credible 
     investigation;
       (H) the individual is detained in a country in which the 
     Department of State has determined in its annual human rights 
     reports that the judicial system is not independent or 
     impartial, is susceptible to corruption, or is incapable of 
     rendering just verdicts;
       (I) the individual is detained in inhumane conditions; and
       (J) the international right to due process of law has been 
     sufficiently impaired so as to render the detention 
     arbitrary.
       (c) Violations.--The President may not transfer a vessel 
     under this section unless the Government of Egypt agrees that 
     if any condition described in subsection (b) is violated 
     after the transfer of the vessel, the Government of Egypt 
     will re-transfer the

[[Page S5608]]

     vessel to the United States at the sole cost to the 
     Government of Egypt, without using United States funds, 
     including United States foreign military assistance funds.
       (d) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to the Government of Egypt under this section 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).
       (e) Costs of Transfers.--Any expense incurred by the United 
     States in connection with the transfer of a vessel under this 
     section shall be charged to the Government of Egypt 
     notwithstanding section 516(e) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j(e)).
       (f) 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 Government of Egypt have such repair 
     or refurbishment of the vessel as is needed, before the 
     vessel joins the naval forces of Egypt, performed at a 
     shipyard located in the United States, including a United 
     States Navy shipyard.
       (g) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 
     three-year period beginning on the date of the enactment of 
     this Act.
       (h) Required Report.--
       (1) In general.--Not later than 60 days before the transfer 
     of a vessel under this section, the President shall submit to 
     the appropriate committees of Congress a report describing 
     the following:
       (A) The specific operational activities and objectives 
     intended for the vessel upon receipt by the Government of 
     Egypt.
       (B) A detailed description of how the transfer of the 
     vessel will help alleviate United States mission requirements 
     in the Bab el Mandeb and the Red Sea.
       (C) A detailed description of how the transfer of the 
     vessel will complement Combined Maritime Forces (CMF) mission 
     goals and activities, including those of Combined Task Forces 
     150, 151, 152, and 153.
       (D) A detailed description of incidents, during the five-
     year period immediately preceding the date of such transfer, 
     of arbitrary detention, violence, and state-sanctioned 
     harassment by the Government of Egypt against United States 
     citizens, individuals in the United States, and their family 
     members who are not United States citizens, in both Egypt and 
     in the United States, and a determination as to whether such 
     incidents constitute a pattern of acts of intimidation or 
     harassment.
       (E) A description of policy efforts to ensure that United 
     States security assistance programs with Egypt are formulated 
     in a manner that will avoid identification of the United 
     States, through such programs, with governments that deny to 
     their people internationally recognized human rights and 
     fundamental freedoms, in accordance with section 502B of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2304).
       (2) Form.--The report required by this subsection shall be 
     submitted in unclassified form, but may include a separate 
     classified annex.
       (i) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 6083. 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 XII, add the following:

     SEC. 1276. REVIEW OF LOAN SURCHARGE POLICY OF INTERNATIONAL 
                   MONETARY FUND.

       (a) Findings.--Congress finds as follows:
       (1) The International Monetary Fund (in this section 
     referred to as the ``IMF'') imposes a surcharge, in addition 
     to standard interest and service fees, of 200 basis points on 
     outstanding credit provided through its General Resources 
     Account that exceeds 187.5 percent of the IMF country quota, 
     and an additional 100 basis points if that credit has been 
     outstanding for over 36 or 51 months, depending on the 
     facility.
       (2) According to the IMF, ``These level and time-based 
     surcharges are intended to help mitigate credit risk by 
     providing members with incentives to limit their demand for 
     Fund assistance and encourage timely repurchases while at the 
     same time generating income for the Fund to accumulate 
     precautionary balances.''.
       (3) According to a 2021 report by the European Network on 
     Debt and Development, surcharges increase the average cost of 
     borrowing from the IMF by over 64 percent for surcharged 
     countries. Surcharges increased Ukraine's borrowing costs on 
     its IMF lending program by nearly 27 percent, Jordan's by 72 
     percent, and Egypt's by over 104 percent.
       (4) As a result of the invasion by the Russian Federation, 
     the World Bank predicts that Ukraine will experience an 
     economic contraction of 45 percent in 2022. Yet Ukraine is 
     expected to pay the IMF an estimated $483,000,000 in 
     surcharges from 2021 through 2027.
       (5) The Ukraine Comprehensive Debt Payment Relief Act of 
     2022 (H.R. 7081), which requires the Department of Treasury 
     to make efforts to secure debt relief for Ukraine, was passed 
     by the House of Representatives on May 11, 2022, with 
     overwhelming bipartisan support, by a vote of 362 Yeas to 56 
     Nays.
       (6) As a result of the war in Ukraine and other factors, 
     the World Bank predicted that global growth rates will slow 
     to 2.9 percent in 2022, down nearly half from 2021. External 
     public debt of developing economies is at record levels, and 
     the World Bank, the IMF, and the United Nations have all 
     warned of coming defaults and a potential global debt crisis. 
     As food and energy prices rise, the World Food Program has 
     estimated that 750,000 people are at immediate risk of 
     starvation or death, and 323,000,000 people may experience 
     acute food insecurity before the end of the year.
       (7) Since 2020, the number of countries paying surcharges 
     to the IMF has increased from 9 to 16. A December 2021 IMF 
     policy paper notes that under the IMF's model-based World 
     Economic Outlook scenario ``the number of surcharge-paying 
     members would increase to 38 in FY 2024 and FY 2025'' and 
     that under the Fund's ``adverse scenario, the number of 
     surcharge-paying members and the amount of surcharge income 
     would increase even more sharply''.
       (8) An April 2022 brief from the United Nations Global 
     Crisis Response Group on Food, Energy and Finance on the 
     impacts of the war in Ukraine on developing countries called 
     for the immediate suspension of surcharge payments for a 
     minimum of 2 years, because ``[s]urcharges do not make sense 
     during a global crisis since the need for more financing does 
     not stem from national conditions but from the global economy 
     shock''.
       (b) Review of Surcharge Policy at the International 
     Monetary Fund.--The Secretary of the Treasury shall instruct 
     the United States Executive Director at the International 
     Monetary Fund to use the voice and vote of the United States 
     to--
       (1) initiate an immediate review by the IMF of the 
     surcharge policy of the IMF to be completed, and its results 
     and underlying data published, within 365 days; and
       (2) suspend and waive surcharge payments during the 
     pendency of the review.
       (c) Components of the Review of Surcharge Policy.--The 
     review referred to in subsection (b) should include the 
     following:
       (1) A borrower-by-borrower analysis of surcharges in terms 
     of cost and as a percentage of national spending on debt 
     service on IMF loans, food security, and health for the 5-
     year period beginning at the start of the COVID-19 pandemic.
       (2) Evaluation of the policy's direct impact on--
       (A) disincentivizing large and prolonged reliance on IMF 
     credit;
       (B) mitigating the credit risks taken by the IMF;
       (C) improving borrower balance of payments and debt 
     sustainability, particularly during periods of contraction, 
     unrest, and pandemic;
       (D) promoting fiscally responsible policy reforms;
       (E) disincentivizing borrowers from seeking opaque and 
     potentially predatory bilateral loans; and
       (F) improving the ability of borrowers to repay private 
     creditors and access the private credit market.
       (3) Recommendations for--
       (A) identifying alternative sources of funding for the 
     IMF's precautionary balances that prioritize stable funding 
     sources and equitable burden-sharing among IMF members; and
       (B) determining whether the IMF should maintain, reform, 
     temporarily suspend, or eliminate the use of surcharges.
       (d) Consultations.--The review referred to in subsection 
     (b) must incorporate extensive consultation with relevant 
     experts, particularly those from countries that are currently 
     paying or have recently paid surcharges. Those experts should 
     include government officials responsible for overseeing 
     economic development, social services, and defense, United 
     Nations officials, economic research institutes, academics, 
     and civil society organizations.
                                 ______
                                 
  SA 6084. 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 end, add the following:

[[Page S5609]]

  


   DIVISION E--OFFICES OF COUNTERING WEAPONS OF MASS DESTRUCTION AND 
                            HEALTH SECURITY

     SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Offices of Countering Weapons of Mass Destruction and 
     Health Security Act of 2022''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 5001. Short title, table of contents.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

Sec. 5101. Countering Weapons of Mass Destruction Office.
Sec. 5102. Rule of construction.

                  TITLE II--OFFICE OF HEALTH SECURITY

Sec. 5201. Office of Health Security.
Sec. 5202. Medical countermeasures program.
Sec. 5203. Confidentiality of medical quality assurance records.
Sec. 5204. Portability of licensure.
Sec. 5205. Technical and conforming amendments.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     SEC. 5101. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) Homeland Security Act of 2002.--Title XIX of the 
     Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is 
     amended--
       (1) in section 1901 (6 U.S.C. 591)--
       (A) in subsection (c), by amending paragraphs (1) and (2) 
     to read as follows:
       ``(1) matters and strategies pertaining to--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats.''; and
       (B) by striking subsection (e);
       (2) by amending section 1921 (6 U.S.C. 591g) to read as 
     follows:

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for--
       ``(1) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) enhancing the ability of Federal, State, local, 
     Tribal, and territorial partners to prevent, detect, protect 
     against, and mitigate the impacts of attacks using--
       ``(A) weapons of mass destruction against the United 
     States; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats against the United States.'';
       (3) in section 1922 (6 U.S.C. 591h)--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b);
       (4) in section 1923 (6 U.S.C. 592)--
       (A) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (B) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Office Responsibilities.--
       ``(1) In general.--For the purposes of coordinating the 
     efforts of the Department to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, the Office shall--
       ``(A) provide expertise and guidance to Department 
     leadership and components on chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     subject to the research, development, testing, and evaluation 
     coordination requirement described in subparagraph (G);
       ``(B) in coordination with the Office for Strategy, Policy, 
     and Plans, lead development of policies and strategies to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats on 
     behalf of the Department;
       ``(C) identify, assess, and prioritize capability gaps 
     relating to the strategic and mission objectives of the 
     Department for weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(D) in coordination with the Office of Intelligence and 
     Analysis, support components of the Department, and Federal, 
     State, local, Tribal, and territorial partners, provide 
     intelligence and information analysis and reports on weapons 
     of mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(E) in consultation with the Science and Technology 
     Directorate, assess risk to the United States from weapons of 
     mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(F) lead development and prioritization of Department 
     requirements to counter weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, subject to the research, 
     development, testing, and evaluation coordination requirement 
     described in subparagraph (G), which requirements shall be--
       ``(i) developed in coordination with end users; and
       ``(ii) reviewed by the Joint Requirements Council, as 
     directed by the Secretary;
       ``(G) in coordination with the Science and Technology 
     Directorate, direct, fund, and coordinate capability 
     development activities to counter weapons of mass destruction 
     and all chemical, biological, radiological, nuclear, and 
     other related emerging threats research, development, test, 
     and evaluation matters, including research, development, 
     testing, and evaluation expertise, threat characterization, 
     technology maturation, prototyping, and technology 
     transition;
       ``(H) acquire, procure, and deploy counter weapons of mass 
     destruction capabilities, and serve as the lead advisor of 
     the Department on component acquisition, procurement, and 
     deployment of counter-weapons of mass destruction 
     capabilities;
       ``(I) in coordination with the Office of Health Security, 
     support components of the Department, and Federal, State, 
     local, Tribal, and territorial partners on chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats health matters;
       ``(J) provide expertise on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats to Department and Federal partners 
     to support engagements and efforts with international 
     partners subject to the research, development, testing, and 
     evaluation coordination requirement under subparagraph (G); 
     and
       ``(K) carry out any other duties assigned to the Office by 
     the Secretary.
       ``(2) Detection and reporting.--For purposes of the 
     detection and reporting responsibilities of the Office for 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     the Office shall--
       ``(A) in coordination with end users, including State, 
     local, Tribal, and territorial partners, as appropriate--
       ``(i) carry out a program to test and evaluate technology, 
     in consultation with the Science and Technology Directorate, 
     to detect and report on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material, in 
     coordination with other Federal agencies, as appropriate, and 
     establish performance metrics to evaluate the effectiveness 
     of individual detectors and detection systems in detecting 
     those weapons or material--

       ``(I) under realistic operational and environmental 
     conditions; and
       ``(II) against realistic adversary tactics and 
     countermeasures;

       ``(B) in coordination with end users, conduct, support, 
     coordinate, and encourage a transformational program of 
     research and development to generate and improve technologies 
     to detect, protect against, and report on the illicit entry, 
     transport, assembly, or potential use within the United 
     States of weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats weapons or unauthorized material, and coordinate with 
     the Under Secretary for Science and Technology on research 
     and development efforts relevant to the mission of the Office 
     and the Under Secretary for Science and Technology;
       ``(C) before carrying out operational testing under 
     subparagraph (A), develop a testing and evaluation plan that 
     articulates the requirements for the user and describes how 
     these capability needs will be tested in developmental test 
     and evaluation and operational test and evaluation;
       ``(D) as appropriate, develop, acquire, and deploy 
     equipment to detect and report on weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material in 
     support of Federal, State, local, Tribal, and territorial 
     governments;
       ``(E) support and enhance the effective sharing and use of 
     appropriate information on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats and related emerging issues 
     generated by elements of the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)), law enforcement agencies, other Federal 
     agencies, State, local, Tribal, and territorial governments, 
     and foreign governments, as well as provide appropriate 
     information to those entities;
       ``(F) consult, as appropriate, with the Federal Emergency 
     Management Agency and other departmental components, on 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats and 
     efforts to mitigate, prepare, and respond to all threats in 
     support of the State, local, and Tribal communities; and
       ``(G) perform other duties as assigned by the Secretary.'';
       (C) in subsection (b), as so redesignated--
       (i) in the subsection heading, by striking ``Mission'' and 
     inserting ``Radiological and Nuclear Responsibilities'';
       (ii) in paragraph (1)--

       (I) by inserting ``deploy,'' after ``acquire,''; and
       (II) by striking ``deployment'' and inserting 
     ``operations'';

       (iii) by striking paragraphs (6) through (10);
       (iv) redesignating paragraphs (11) and (12) as paragraphs 
     (6) and (7), respectively;
       (v) in paragraph (6)(B), as so redesignated, by striking 
     ``national strategic five-year plan referred to in paragraph 
     (10)'' and inserting ``United States national technical 
     nuclear forensics strategic planning'';
       (vi) in paragraph (7)(C)(v), as so redesignated--

[[Page S5610]]

       (I) in the matter preceding subclause (I), by inserting 
     ``except as otherwise provided,'' before ``require''; and
       (II) in subclause (II)--

       (aa) in the matter preceding item (aa), by striking ``death 
     or disability'' and inserting ``death, disability, or a 
     finding of good cause as determined by the Assistant 
     Secretary (including extreme hardship, extreme need, or the 
     needs of the Office) and for which the Assistant Secretary 
     may grant a waiver of the repayment obligation''; and
       (bb) in item (bb), by adding ``and'' at the end;
       (vii) by striking paragraph (13); and
       (viii) by redesignating paragraph (14) as paragraph (8); 
     and
       (D) by inserting after subsection (b), as so redesignated, 
     the following:
       ``(c) Chemical and Biological Responsibilities.--The 
     Office--
       ``(1) shall be responsible for coordinating with other 
     Federal efforts to enhance the ability of Federal, State, 
     local, and Tribal governments to prevent, detect, protect 
     against, and mitigate the impacts of chemical and biological 
     threats against the United States; and
       ``(2) shall--
       ``(A) serve as a primary entity of the Federal Government 
     to further develop, acquire, deploy, and support the 
     operations of a national biosurveillance system in support of 
     Federal, State, local, Tribal, and territorial governments, 
     and improve that system over time;
       ``(B) enhance the chemical and biological detection efforts 
     of Federal, State, local, Tribal, and territorial governments 
     and provide guidance, tools, and training to help ensure a 
     managed, coordinated response; and
       ``(C) collaborate with the Biomedical Advanced Research and 
     Development Authority, the Office of Health Security, the 
     Defense Advanced Research Projects Agency, and the National 
     Aeronautics and Space Administration, and other relevant 
     Federal stakeholders, and receive input from industry, 
     academia, and the national laboratories on chemical and 
     biological surveillance efforts.'';
       (5) in section 1924 (6 U.S.C. 593), by striking ``section 
     11011 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and 
     inserting ``section 4092 of title 10, United States Code, 
     except that the authority shall be limited to facilitate the 
     recruitment of experts in the chemical, biological, 
     radiological, or nuclear specialties.'';
       (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
       (A) in clause (i), by striking ``required under section 
     1036 of the National Defense Authorization Act for Fiscal 
     Year 2010'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) includes any other information regarding national 
     technical nuclear forensics activities carried out under 
     section 1923.'';
       (7) in section 1928 (6 U.S.C. 596b)--
       (A) in subsection (a), by striking ``high-risk urban 
     areas'' and inserting ``jurisdictions designated under 
     subsection (c)'';
       (B) in subsection (c)(1), by striking ``from among high-
     risk urban areas under section 2003'' and inserting ``based 
     on the capability and capacity of the jurisdiction, as well 
     as the relative threat, vulnerability, and consequences from 
     terrorist attacks and other high-consequence events utilizing 
     nuclear or other radiological materials''; and
       (C) by striking subsection (d) and inserting the following:
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary 
     shall submit to the appropriate congressional committees an 
     update on the STC program.''; and
       (8) by adding at the end the following:

     ``SEC. 1929. ACCOUNTABILITY.

       ``(a) Departmentwide Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, which should--
       ``(A) have clearly identified authorities, specified roles, 
     objectives, benchmarks, accountability, and timelines;
       ``(B) incorporate the perspectives of non-Federal and 
     private sector partners; and
       ``(C) articulate how the Department will contribute to 
     relevant national-level strategies and work with other 
     Federal agencies.
       ``(2) Consideration.--The Secretary shall appropriately 
     consider weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats when creating the strategy and implementation plan 
     required under paragraph (1).
       ``(3) Report.--The Office shall submit to the appropriate 
     congressional committees a report on the updated 
     Departmentwide strategy and implementation plan required 
     under paragraph (1).
       ``(b) Departmentwide Biodefense Review and Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary, 
     in consultation with appropriate stakeholders representing 
     Federal, State, Tribal, territorial, academic, private 
     sector, and nongovernmental entities, shall conduct a 
     Departmentwide review of biodefense activities and 
     strategies.
       ``(2) Review.--The review required under paragraph (1) 
     shall--
       ``(A) identify with specificity the biodefense lines of 
     effort of the Department, including relating to biodefense 
     roles, responsibilities, and capabilities of components and 
     offices of the Department;
       ``(B) assess how such components and offices coordinate 
     internally and with public and private partners in the 
     biodefense enterprise;
       ``(C) identify any policy, resource, capability, or other 
     gaps in the Department's ability to assess, prevent, protect 
     against, and respond to biological threats; and
       ``(D) identify any organizational changes or reforms 
     necessary for the Department to effectively execute its 
     biodefense mission and role, including with respect to public 
     and private partners in the biodefense enterprise.
       ``(3) Strategy.--Not later than 1 year after completion of 
     the review required under paragraph (1), the Secretary shall 
     issue a biodefense strategy for the Department that--
       ``(A) is informed by such review and is aligned with 
     section 1086 of the National Defense Authorization Act for 
     Fiscal Year 2017 (6 U.S.C. 104; relating to the development 
     of a national biodefense strategy and associated 
     implementation plan, including a review and assessment of 
     biodefense policies, practices, programs, and initiatives) or 
     any successor strategy; and
       ``(B) shall--
       ``(i) describe the biodefense mission and role of the 
     Department, as well as how such mission and role relates to 
     the biodefense lines of effort of the Department;
       ``(ii) clarify, as necessary, biodefense roles, 
     responsibilities, and capabilities of the components and 
     offices of the Department involved in the biodefense lines of 
     effort of the Department;
       ``(iii) establish how biodefense lines of effort of the 
     Department are to be coordinated within the Department;
       ``(iv) establish how the Department engages with public and 
     private partners in the biodefense enterprise, including 
     other Federal agencies, national laboratories and sites, and 
     State, local, Tribal, and territorial entities, with 
     specificity regarding the frequency and nature of such 
     engagement by Department components and offices with State, 
     local, Tribal and territorial entities; and
       ``(v) include information relating to--

       ``(I) milestones and performance metrics that are specific 
     to the biodefense mission and role of the Department 
     described in clause (i); and
       ``(II) implementation of any operational changes necessary 
     to carry out clauses (iii) and (iv).

       ``(4) Periodic update.--Beginning not later than 5 years 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), and not 
     less often than once every 5 years thereafter, the Secretary 
     shall review and update, as necessary, such strategy and 
     plans.
       ``(5) Congressional oversight.--Not later than 30 days 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     such strategy and plans.
       ``(c) Employee Morale.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the Office 
     shall submit to and brief the appropriate congressional 
     committees on a strategy and plan to continuously improve 
     morale within the Office.
       ``(d) Comptroller General.--Not later than 1 year after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Comptroller General of the United States shall conduct a 
     review of and brief the appropriate congressional committees 
     on--
       ``(1) the efforts of the Office to prioritize the programs 
     and activities that carry out the mission of the Office, 
     including research and development;
       ``(2) the consistency and effectiveness of stakeholder 
     coordination across the mission of the Department, including 
     operational and support components of the Department and 
     State and local entities; and
       ``(3) the efforts of the Office to manage and coordinate 
     the lifecycle of research and development within the Office 
     and with other components of the Department, including the 
     Science and Technology Directorate.
       ``(e) National Academies of Sciences, Engineering, and 
     Medicine.--
       ``(1) Study.--The Secretary shall enter into an agreement 
     with the National Academies of Sciences, Engineering, and 
     Medicine to conduct a consensus study and report to the 
     Secretary and the appropriate congressional committees on--
       ``(A) the role of the Department in preparing, detecting, 
     and responding to biological and health security threats to 
     the homeland;

[[Page S5611]]

       ``(B) recommendations to improve departmental 
     biosurveillance efforts against biological threats, including 
     any relevant biological detection methods and technologies; 
     and
       ``(C) the feasibility of different technological advances 
     for biodetection compared to the cost, risk reduction, and 
     timeliness of those advances.
       ``(2) Briefing.--Not later than 1 year after the date on 
     which the Secretary receives the report required under 
     paragraph (1), the Secretary shall brief the appropriate 
     congressional committees on--
       ``(A) the implementation of the recommendations included in 
     the report; and
       ``(B) the status of biological detection at the Department, 
     and, if applicable, timelines for the transition from 
     Biowatch to updated technology.
       ``(f) Advisory Council.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Secretary shall establish an advisory body to advise on the 
     ongoing coordination of the efforts of the Department to 
     counter weapons of mass destruction, to be known as the 
     Advisory Council for Countering Weapons of Mass Destruction 
     (in this subsection referred to as the `Advisory Council').
       ``(2) Membership.--The members of the Advisory Council 
     shall--
       ``(A) be appointed by the Assistant Secretary; and
       ``(B) to the extent practicable, represent a geographic 
     (including urban and rural) and substantive cross section of 
     officials, from State, local, and Tribal governments, 
     academia, the private sector, national laboratories, and 
     nongovernmental organizations, including, as appropriate--
       ``(i) members selected from the emergency management field 
     and emergency response providers;
       ``(ii) State, local, and Tribal government officials;
       ``(iii) experts in the public and private sectors with 
     expertise in chemical, biological, radiological, and nuclear 
     agents and weapons;
       ``(iv) representatives from the national laboratories; and
       ``(v) such other individuals as the Assistant Secretary 
     determines to be appropriate.
       ``(3) Responsibilities.-- The Advisory Council shall--
       ``(A) advise the Assistant Secretary on all aspects of 
     countering weapons of mass destruction;
       ``(B) incorporate State, local, and Tribal government, 
     national laboratories, and private sector input in the 
     development of the strategy and implementation plan of the 
     Department for countering weapons of mass destruction; and
       ``(C) establish performance criteria for a national 
     biological detection system and review the testing protocol 
     for biological detection prototypes.
       ``(4) Consultation.--To ensure input from and coordination 
     with State, local, and Tribal governments, the Assistant 
     Secretary shall regularly consult and work with the Advisory 
     Council on the administration of Federal assistance provided 
     by the Department, including with respect to the development 
     of requirements for countering weapons of mass destruction 
     programs, as appropriate.
       ``(5) Voluntary service.--The members of the Advisory 
     Council shall serve on the Advisory Council on a voluntary 
     basis.
       ``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Advisory Council.''.
       (b) Countering Weapons of Mass Destruction Act of 2018.--
     Section 2 of the Countering Weapons of Mass Destruction Act 
     of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
       (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
     ``1927'' and inserting ``1926''; and
       (2) in subsection (g) (6 U.S.C. 591 note)--
       (A) in the matter preceding paragraph (1), by striking 
     ``one year after the date of the enactment of this Act, and 
     annually thereafter,'' and inserting ``June 30 of each 
     year,''; and
       (B) in paragraph (2), by striking ``Security, including 
     research and development activities'' and inserting 
     ``Security''.
       (c) Security and Accountability for Every Port Act of 
     2006.--The Security and Accountability for Every Port Act of 
     2006 (6 U.S.C. 901 et seq.) is amended--
       (1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by 
     striking the item relating to section 502; and
       (2) by striking section 502 (6 U.S.C. 592a).

     SEC. 5102. RULE OF CONSTRUCTION.

       Nothing in this title or the amendments made by this title 
     shall be construed to affect or diminish the authorities or 
     responsibilities of the Under Secretary for Science and 
     Technology.

                  TITLE II--OFFICE OF HEALTH SECURITY

     SEC. 5201. OFFICE OF HEALTH SECURITY.

       (a) Establishment.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) in section 103 (6 U.S.C. 113)--
       (A) in subsection (a)(2)--
       (i) by striking ``the Assistant Secretary for Health 
     Affairs,''; and
       (ii) by striking ``Affairs, or'' and inserting ``Affairs 
     or''; and
       (B) in subsection (d), by adding at the end the following:
       ``(6) A Chief Medical Officer.'';
       (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

       (3) by redesignating section 1931 (6 U.S.C. 597) as section 
     2301 and transferring such section to appear after the 
     heading for title XXIII, as added by paragraph (2); and
       (4) in section 2301, as so redesignated--
       (A) in the section heading, by striking ``chief medical 
     officer'' and inserting ``office of health security'';
       (B) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--There is established in the Department 
     an Office of Health Security.
       ``(b) Head of Office of Health Security.--The Office of 
     Health Security shall be headed by a chief medical officer, 
     who shall--
       ``(1) be the Assistant Secretary for Health Security and 
     the Chief Medical Officer of the Department;
       ``(2) be a licensed physician possessing a demonstrated 
     ability in and knowledge of medicine and public health;
       ``(3) be appointed by the President; and
       ``(4) report directly to the Secretary.'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters'' and inserting 
     ``oversight of all medical, public health, and workforce 
     health and safety matters of the Department'';
       (ii) in paragraph (1), by striking ``, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials'' and inserting 
     ``and all other Department officials'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (13); and
       (v) by inserting after paragraph (4) the following:
       ``(5) overseeing all medical and public health activities 
     of the Department, including the delivery, advisement, and 
     oversight of direct patient care and the organization, 
     management, and staffing of component operations that deliver 
     direct patient care;
       ``(6) advising the head of each component of the Department 
     that delivers direct patient care regarding the recruitment 
     and appointment of a component chief medical officer and 
     deputy chief medical officer or the employee who functions in 
     the capacity of chief medical officer and deputy chief 
     medical officer;
       ``(7) advising the Secretary and the head of each component 
     of the Department that delivers direct patient care regarding 
     knowledge and skill standards for medical personnel and the 
     assessment of that knowledge and skill;
       ``(8) advising the Secretary and the head of each component 
     of the Department that delivers patient care regarding the 
     collection, storage, and oversight of medical records;
       ``(9) with respect to any psychological health counseling 
     or assistance program of the Department, including such a 
     program of a law enforcement, operational, or support 
     component of the Department, advising the head of each such 
     component with such a program regarding--
       ``(A) ensuring such program includes safeguards against 
     adverse action, including automatic referrals for a fitness 
     for duty examination, by such component with respect to any 
     employee solely because such employee self-identifies a need 
     for psychological health counseling or assistance or receives 
     such counseling or assistance;
       ``(B) increasing the availability and number of local 
     psychological health professionals with experience providing 
     psychological support services to personnel;
       ``(C) establishing a behavioral health curriculum for 
     employees at the beginning of their careers to provide 
     resources early regarding the importance of psychological 
     health;
       ``(D) establishing periodic management training on crisis 
     intervention and such component's psychological health 
     counseling or assistance program;
       ``(E) improving any associated existing employee peer 
     support programs, including by making additional training and 
     resources available for peer support personnel in the 
     workplace across such component;
       ``(F) developing and implementing a voluntary alcohol 
     treatment program that includes a safe harbor for employees 
     who seek treatment;
       ``(G) including, when appropriate, collaborating and 
     partnering with key employee stakeholders and, for those 
     components with employees with an exclusive representative, 
     the exclusive representative with respect to such a program;
       ``(10) in consultation with the Chief Information Officer 
     of the Department--
       ``(A) identifying methods and technologies for managing, 
     updating, and overseeing patient records; and
       ``(B) setting standards for technology used by the 
     components of the Department regarding the collection, 
     storage, and oversight of medical records;
       ``(11) advising the Secretary and the head of each 
     component of the Department that delivers direct patient care 
     regarding contracts for the delivery of direct patient care, 
     other medical services, and medical supplies;
       ``(12) coordinating with the Countering Weapons of Mass 
     Destruction Office and

[[Page S5612]]

     other components of the Department as directed by the 
     Secretary to enhance the ability of Federal, State, local, 
     Tribal, and territorial governments to prevent, detect, 
     protect against, and mitigate the health effects of chemical, 
     biological, radiological, and nuclear issues; and''; and
       (D) by adding at the end the following:
       ``(d) Assistance and Agreements.--The Secretary, acting 
     through the Chief Medical Officer, in support of the medical 
     and public health activities of the Department, may--
       ``(1) provide technical assistance, training, and 
     information and distribute funds through grants and 
     cooperative agreements to State, local, Tribal, and 
     territorial governments and nongovernmental organizations;
       ``(2) enter into other transactions;
       ``(3) enter into agreements with other Federal agencies; 
     and
       ``(4) accept services from personnel of components of the 
     Department and other Federal agencies on a reimbursable or 
     nonreimbursable basis.
       ``(e) Office of Health Security Privacy Officer.--There 
     shall be a Privacy Officer in the Office of Health Security 
     with primary responsibility for privacy policy and compliance 
     within the Office, who shall--
       ``(1) report directly to the Chief Medical Officer; and
       ``(2) ensure privacy protections are integrated into all 
     Office of Health Security activities, subject to the review 
     and approval of the Privacy Officer of the Department to the 
     extent consistent with the authority of the Privacy Officer 
     of the Department under section 222.
       ``(f) Accountability.--
       ``(1) Strategy and implementation plan.--Not later than 180 
     days after the date of enactment of this section, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to address health threats.
       ``(2) Briefing.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall brief the 
     appropriate congressional committees on the organizational 
     transformations of the Office of Health Security, including 
     how best practices were used in the creation of the Office of 
     Health Security.'';
       (5) by redesignating section 710 (6 U.S.C. 350) as section 
     2302 and transferring such section to appear after section 
     2301, as so redesignated;
       (6) in section 2302, as so redesignated--
       (A) in the section heading, by striking ``medical support'' 
     and inserting ``safety'';
       (B) in subsection (a), by striking ``Under Secretary for 
     Management'' each place that term appears and inserting 
     ``Chief Medical Officer''; and
       (C) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Management, in coordination with the 
     Chief Medical Officer,'' and inserting ``Chief Medical 
     Officer''; and
       (ii) in paragraph (3), by striking ``as deemed appropriate 
     by the Under Secretary,'';
       (7) by redesignating section 528 (6 U.S.C. 321q) as section 
     2303 and transferring such section to appear after section 
     2302, as so redesignated; and
       (8) in section 2303(a), as so redesignated, by striking 
     ``Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office'' and inserting ``Chief Medical Officer''.
       (b) Transition and Transfers.--
       (1) Transition.--The individual appointed pursuant to 
     section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
     597) of the Department of Homeland Security, as in effect on 
     the day before the date of enactment of this Act, and serving 
     as the Chief Medical Officer of the Department of Homeland 
     Security on the day before the date of enactment of this Act, 
     shall continue to serve as the Chief Medical Officer of the 
     Department on and after the date of enactment of this Act 
     without the need for reappointment.
       (2) Rule of construction.--The rule of construction 
     described in section 2(hh) of the Presidential Appointment 
     Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note) 
     shall not apply to the Chief Medical Officer of the 
     Department of Homeland Security, including the incumbent who 
     holds the position on the day before the date of enactment of 
     this Act, and such officer shall be paid pursuant to section 
     3132(a)(2) or 5315 of title 5, United States Code.
       (3) Transfer.--The Secretary of Homeland Security shall 
     transfer to the Chief Medical Officer of the Department of 
     Homeland Security--
       (A) all functions, personnel, budget authority, and assets 
     of the Under Secretary for Management relating to workforce 
     health and safety, as in existence on the day before the date 
     of enactment of this Act;
       (B) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office relating to the Chief Medical Officer, 
     including the Medical Operations Directorate of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the date of enactment of this 
     Act; and
       (C) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office associated with the efforts pertaining to 
     the program coordination activities relating to defending the 
     food, agriculture, and veterinary defenses of the Office, as 
     in existence on the day before the date of enactment of this 
     Act.

     SEC. 5202. MEDICAL COUNTERMEASURES PROGRAM.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by redesignating section 1932 (6 U.S.C. 597a) as 
     section 2304 and transferring such section to appear after 
     section 2303, as so redesignated by section 5201 of this 
     division.

     SEC. 5203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       Title XXIII of the Homeland Security Act of 2002, as added 
     by this division, is amended by adding at the end the 
     following:

     ``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) Definitions.--In this section:
       ``(1) Health care provider.--The term `health care 
     provider' means an individual who--
       ``(A) is--
       ``(i) an employee of the Department;
       ``(ii) a detailee to the Department from another Federal 
     agency;
       ``(iii) a personal services contractor of the Department; 
     or
       ``(iv) hired under a contract for services;
       ``(B) performs health care services as part of duties of 
     the individual in that capacity; and
       ``(C) has a current, valid, and unrestricted license or 
     certification--
       ``(i) that is issued by a State, the District of Columbia, 
     or a commonwealth, territory, or possession of the United 
     States; and
       ``(ii) that is for the practice of medicine, osteopathic 
     medicine, dentistry, nursing, emergency medical services, or 
     another health profession.
       ``(2) Medical quality assurance program.--The term `medical 
     quality assurance program' means any activity carried out by 
     the Department to assess the quality of medical care, 
     including activities conducted by individuals, committees, or 
     other review bodies responsible for quality assurance, 
     credentials, infection control, incident reporting, the 
     delivery, advisement, and oversight of direct patient care 
     and assessment (including treatment procedures, blood, drugs, 
     and therapeutics), medical records, health resources 
     management review, and identification and prevention of 
     medical, mental health, or dental incidents and risks.
       ``(3) Medical quality assurance record of the department.--
     The term `medical quality assurance record of the Department' 
     means all information, including the proceedings, records 
     (including patient records that the Department creates and 
     maintains as part of a system of records), minutes, and 
     reports that--
       ``(A) emanate from quality assurance program activities 
     described in paragraph (2); and
       ``(B) are produced or compiled by the Department as part of 
     a medical quality assurance program.
       ``(b) Confidentiality of Records.--A medical quality 
     assurance record of the Department that is created as part of 
     a medical quality assurance program--
       ``(1) is confidential and privileged; and
       ``(2) except as provided in subsection (d), may not be 
     disclosed to any person or entity.
       ``(c) Prohibition on Disclosure and Testimony.--Except as 
     otherwise provided in this section--
       ``(1) no part of any medical quality assurance record of 
     the Department may be subject to discovery or admitted into 
     evidence in any judicial or administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record of the Department or who 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record of the Department may not be 
     permitted or required to testify in any judicial or 
     administrative proceeding with respect to the record or with 
     respect to any finding, recommendation, evaluation, opinion, 
     or action taken by that individual in connection with the 
     record.
       ``(d) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record of the Department may be disclosed, 
     and a person described in subsection (c)(2) may give 
     testimony in connection with the record, only as follows:
       ``(A) To a Federal agency or private organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the Federal agency or private 
     organization to--
       ``(i) perform licensing or accreditation functions related 
     to Department health care facilities, a facility affiliated 
     with the Department, or any other location authorized by the 
     Secretary for the performance of health care services; or
       ``(ii) perform monitoring, required by law, of Department 
     health care facilities, a facility affiliated with the 
     Department, or any other location authorized by the Secretary 
     for the performance of health care services.
       ``(B) To an administrative or judicial proceeding 
     concerning an adverse action related to the credentialing of 
     or health care provided by a present or former health care 
     provider by the Department.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the board, agency, society, or 
     organization to perform licensing, credentialing, or the 
     monitoring of professional standards with respect to any 
     health

[[Page S5613]]

     care provider who is or was a health care provider for the 
     Department.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if the medical quality 
     assurance record of the Department or testimony is needed by 
     the institution to assess the professional qualifications of 
     any health care provider who is or was a health care provider 
     for the Department and who has applied for or been granted 
     authority or employment to provide health care services in or 
     on behalf of the institution.
       ``(E) To an employee, a detailee, or a contractor of the 
     Department who has a need for the medical quality assurance 
     record of the Department or testimony to perform official 
     duties or duties within the scope of their contract.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of the agency or instrumentality makes a 
     written request that the medical quality assurance record of 
     the Department or testimony be provided for a purpose 
     authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality described in subparagraph (F), but only with 
     respect to the subject of the proceeding.
       ``(2) Personally identifiable information.--
       ``(A) In general.--With the exception of the subject of a 
     quality assurance action, personally identifiable information 
     of any person receiving health care services from the 
     Department or of any other person associated with the 
     Department for purposes of a medical quality assurance 
     program that is disclosed in a medical quality assurance 
     record of the Department shall be deleted from that record 
     before any disclosure of the record is made outside the 
     Department.
       ``(B) Application.--The requirement under subparagraph (A) 
     shall not apply to the release of information that is 
     permissible under section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(e) Disclosure for Certain Purposes.--Nothing in this 
     section shall be construed--
       ``(1) to authorize or require the withholding from any 
     person or entity aggregate statistical information regarding 
     the results of medical quality assurance programs; or
       ``(2) to authorize the withholding of any medical quality 
     assurance record of the Department from a committee of either 
     House of Congress, any joint committee of Congress, or the 
     Comptroller General of the United States if the record 
     pertains to any matter within their respective jurisdictions.
       ``(f) Prohibition on Disclosure of Information, Record, or 
     Testimony.--A person or entity having possession of or access 
     to a medical quality assurance record of the Department or 
     testimony described in this section may not disclose the 
     contents of the record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(g) Exemption From Freedom of Information Act.--A medical 
     quality assurance record of the Department shall be exempt 
     from disclosure under section 552(b)(3) of title 5, United 
     States Code (commonly known as the `Freedom of Information 
     Act').
       ``(h) Limitation on Civil Liability.--A person who 
     participates in the review or creation of, or provides 
     information to a person or body that reviews or creates, a 
     medical quality assurance record of the Department shall not 
     be civilly liable for that participation or for providing 
     that information if the participation or provision of 
     information was provided in good faith based on prevailing 
     professional standards at the time the medical quality 
     assurance program activity took place.
       ``(i) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including the medical record of a patient, on the grounds 
     that the information was presented during meetings of a 
     review body that are part of a medical quality assurance 
     program.
       ``(j) Penalty.--Any person who willfully discloses a 
     medical quality assurance record of the Department other than 
     as provided in this section, knowing that the record is a 
     medical quality assurance record of the Department shall be 
     fined not more than $3,000 in the case of a first offense and 
     not more than $20,000 in the case of a subsequent offense.
       ``(k) Relationship to Coast Guard.--The requirements of 
     this section shall not apply to any medical quality assurance 
     record of the Department that is created by or for the Coast 
     Guard as part of a medical quality assurance program.''.

     SEC. 5204. PORTABILITY OF LICENSURE.

       (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320 
     note) is redesignated as section 2306 of the Homeland 
     Security Act of 2002 and transferred so as to appear after 
     section 2305, as added by section 5203 of this division.
       (b) Repeal.--Section 2306 of the Homeland Security Act of 
     2002, as so redesignated by subsection (a), is amended by 
     striking subsection (c).

     SEC. 5205. TECHNICAL AND CONFORMING AMENDMENTS.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (1) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135)--
       (A) by striking the items relating to sections 528 and 529 
     and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
       (B) by striking the items relating to sections 710, 711, 
     712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
       ``Sec. 712. Acquisition professional career program.'';
       (C) by inserting after the item relating to section 1928 
     the following:

``Sec. 1929. Accountability.'';
       (D) by striking the items relating to subtitle C of title 
     XIX and sections 1931 and 1932; and
       (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
              related to food, agriculture, and veterinary defense 
              against terrorism.
``Sec. 2304. Medical countermeasures program.
``Sec. 2305. Confidentiality of medical quality assurance records.
       ``Sec. 2306. Portability of licensure.'';
       (2) by redesignating section 529 (6 U.S.C. 321r) as section 
     528;
       (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
     ``section 711(a)'' and inserting ``section 710(a))'';
       (4) by redesignating sections 711, 712, and 713 as sections 
     710, 711, and 712, respectively;
       (5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))--
       (A) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (B) by striking ``Hawaiian native-serving'' and inserting 
     `` `Native Hawaiian-serving'';
       (6) by striking the subtitle heading for subtitle C of 
     title XIX;
       (7) by striking section 1932 (6 U.S.C. 597a); and
       (8) in section 2306, as so redesignated by section 5204 of 
     this division--
       (A) by inserting ``portability of licensure.'' after 
     ``2306.''; and
       (B) in subsection (a), by striking ``(a) Notwithstanding'' 
     and inserting the following:
       ``(a) In General.--Notwithstanding''.
                                 ______
                                 
  SA 6085. Mr. BLUMENTHAL (for himself, Mr. Wyden, Ms. Warren, Mr. 
King, Mr. Bennet, Mrs. Murray, Ms. Hirono, Mr. Kaine, Mr. Durbin, Mr. 
Booker, Mr. Hickenlooper, Ms. Klobuchar, Mr. Van Hollen, Mr. Sanders, 
Mrs. Gillibrand, Mrs. Feinstein, Ms. Collins, Ms. Baldwin, Mr. 
Heinrich, and 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 G of title X, add the following:

     SEC. 1077. LIMITATION ON COPAYMENTS FOR CONTRACEPTION FOR 
                   VETERANS.

       Section 1722A(a)(2) of title 38, United States Code, is 
     amended--
       (1) by striking ``to pay'' and all that follows through the 
     period and inserting ``to pay--''; and
       (2) by adding at the end the following new subparagraphs:
       ``(A) an amount in excess of the cost to the Secretary for 
     medication described in paragraph (1); or
       ``(B) an amount for any contraceptive item for which 
     coverage under health insurance coverage is required without 
     the imposition of any cost-sharing requirement pursuant to 
     section 2713(a)(4) of the Public Health Service Act (42 
     U.S.C. 300gg-13(a)(4)).''.
                                 ______
                                 
  SA 6086. Ms. HASSAN (for herself and 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 X, add the following:

             Subtitle H--Mainstreaming Addiction Treatment

     SEC. 1081. SHORT TITLE.

        This subtitle may be cited as the ``Mainstreaming 
     Addiction Treatment Act of 2022''.

[[Page S5614]]

  


     SEC. 1082. ELIMINATING SEPARATE REGISTRATION REQUIREMENT FOR 
                   DISPENSING NARCOTIC DRUGS IN SCHEDULES III, IV, 
                   AND V FOR MAINTENANCE OR DETOXIFICATION 
                   TREATMENT.

       (a) In General.--Section 303(g) of the Controlled 
     Substances Act (21 U.S.C. 823(g)) is amended--
       (1) by striking paragraph (2);
       (2) by striking ``(g)(1) Except as provided in paragraph 
     (2), practitioners who dispense narcotic drugs to individuals 
     for maintenance treatment or detoxification treatment'' and 
     inserting ``(g) Practitioners who dispense narcotic drugs 
     (other than narcotic drugs in schedule III, IV, or V) to 
     individuals for maintenance treatment or detoxification 
     treatment'';
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (4) in paragraph (2), as so redesignated, by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively.
       (b) Technical and Conforming Edits.--
       (1) Section 304 of the Controlled Substances Act (21 U.S.C. 
     824) is amended--
       (A) in subsection (a), by striking ``303(g)(1)'' each place 
     it appears and inserting ``303(g)''; and
       (B) in subsection (d)(1), by striking ``303(g)(1)'' and 
     inserting ``303(g)''.
       (2) Section 309A(a) of the Controlled Substances Act (21 
     U.S.C. 829a(a)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) the controlled substance--
       ``(A) is a narcotic drug in schedule III, IV, or V to be 
     administered for the purpose of maintenance or detoxification 
     treatment; and
       ``(B) is to be administered by injection or 
     implantation;''.
       (3) Section 520E-4(c) of the Public Health Service Act (42 
     U.S.C. 290bb-36d(c)) is amended, in the matter preceding 
     paragraph (1), by striking ``information on any qualified 
     practitioner that is certified to prescribe medication for 
     opioid dependency under section 303(g)(2)(B) of the 
     Controlled Substances Act'' and inserting ``information on 
     any practitioner who prescribes narcotic drugs in schedule 
     III, IV, or V of section 202(c) of the Controlled Substances 
     Act (21 U.S.C. 812(c)) for the purpose of maintenance or 
     detoxification treatment''.
       (4) Section 544(a)(3) of the Public Health Service Act (42 
     U.S.C. 290dd-3(a)(3)) is amended by striking ``any 
     practitioner dispensing narcotic drugs pursuant to section 
     303(g) of the Controlled Substances Act'' and inserting ``any 
     practitioner dispensing narcotic drugs for the purpose of 
     maintenance or detoxification treatment''.
       (5) Section 1833 of the Social Security Act (42 U.S.C. 
     1395l) is amended by striking subsection (bb).
       (6) Section 1834(o) of the Social Security Act (42 U.S.C. 
     1395m(o)) is amended by striking paragraph (3).
       (7) Section 1866F(c)(3) of the Social Security Act (42 
     U.S.C. 1395cc-6(c)(3)) is amended--
       (A) in subparagraph (A), by inserting ``and'' at the end;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C).
       (8) Section 1903(aa)(2)(C) of the Social Security Act (42 
     U.S.C. 1396b(aa)(2)(C)) is amended--
       (A) in clause (i), by inserting ``and'' at the end;
       (B) by striking clause (ii); and
       (C) by redesignating clause (iii) as clause (ii).

     SEC. 1083. NATIONAL EDUCATION CAMPAIGN.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Assistant Secretary for Mental 
     Health and Substance Use, shall conduct a national campaign 
     to educate practitioners with respect to the elimination of 
     the separate registration requirement under section 303(g) of 
     the Controlled Substances Act (21 U.S.C. 823(g)), as in 
     effect on the day before the date of enactment of this Act, 
     for dispensing narcotic drugs in schedule III, IV, and V for 
     maintenance or detoxification treatment.
       (b) Required Components.--The national education campaign 
     under subsection (a) shall--
       (1) encourage practitioners to integrate substance use 
     treatment into their practices; and
       (2) include education on publicly available educational 
     resources and training modules that can assist practitioners 
     in treating patients with a substance use disorder.

     SEC. 1084. COMMUNITY HEALTH AIDES AND COMMUNITY HEALTH 
                   PRACTITIONERS.

       (a) Practice of Telemedicine.--Section 102 of the 
     Controlled Substances Act (21 U.S.C. 802) is amended--
       (1) in paragraph (54)(A), by striking clause (i) and 
     inserting the following:
       ``(i) while the patient is--
       ``(I) being treated by, and physically located in, a 
     hospital or clinic registered under section 303(f); or
       ``(II) for purposes of section 302(h), being treated by a 
     community health aide or community health practitioner; 
     and'';
       (2) by redesignating paragraph (58) as paragraph (59);
       (3) by redesignating the second paragraph designated as 
     paragraph (57) (relating to the definition of ``serious drug 
     felony'') as paragraph (58);
       (4) by moving paragraphs (57), (58) (as so redesignated), 
     and (59) (as so redesignated) 2 ems to the left; and
       (5) by adding at the end the following:
       ``(60) The terms `community health aide' and `community 
     health practitioner' have the meanings within the meaning of 
     section 119 of the Indian Health Care Improvement Act (25 
     U.S.C. 1616l).''.
       (b) Dispensation of Narcotic Drugs in Schedule III, IV, or 
     V.--Section 302 of the Controlled Substances Act (21 U.S.C. 
     822) is amended by adding at the end the following:
       ``(h) Dispensation of Narcotic Drugs in Schedule III, IV, 
     or V by Certain Practitioners.--
       ``(1) In general.--Notwithstanding subsection (a)(2), a 
     community health aide or community health practitioner may 
     dispense a narcotic drug in schedule III, IV, or V, such as 
     buprenorphine, or a combination of such drugs, to an 
     individual for maintenance treatment or detoxification 
     treatment (or both) without being registered under this title 
     if the drug is prescribed by a practitioner through the 
     practice of telemedicine.
       ``(2) Preemption.--Notwithstanding section 708, a State may 
     not require a community health aide or community health 
     practitioner to be licensed by the State in order to dispense 
     narcotic drugs in accordance with paragraph (1) of this 
     subsection.''.
                                 ______
                                 
  SA 6087. 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 subtitle G of title X, insert 
     the following:

     SEC. 10__. AMENDMENT TO REGULATIONS EXEMPTING ENGINES/
                   EQUIPMENT FOR NATIONAL SECURITY.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall revise the regulations under section 1068.225 of title 
     40, Code of Federal Regulations (as in effect on the date of 
     enactment of this Act), to specify that an engine or 
     equipment is exempt under that section without a request 
     described in that section if the engine or equipment--
       (1) is for a marine vessel;
       (2) has a rated horsepower of 60 or less; and
       (3) will be owned by a Federal, State, or local emergency 
     response or public safety agency responsible for domestic 
     response or homeland security activities.
                                 ______
                                 
  SA 6088. 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 G of title X, add the following:

     SEC. 1077. MEMBERSHIP OF THE COMMITTEE ON FOREIGN INVESTMENT 
                   IN THE UNITED STATES.

       Section 721(k)(2) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(k)(2)) is amended--
       (1) by redesignating subparagraphs (H) through (J) as 
     subparagraphs (I) through (K), respectively; and
       (2) by inserting after subparagraph (G) the following:
       ``(H) The Secretary of Agriculture.''.
                                 ______
                                 
  SA 6089. 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 D of title XXXI, add the following:

     SEC. 313___. INCLUSION OF PHOSPHATE AND POTASH AS CRITICAL 
                   MINERALS.

       The list of critical minerals published in the notice of 
     the Secretary of the Interior entitled ``2022 Final List of 
     Critical Minerals'' (87 Fed. Reg. 10381 (February 24, 2022)) 
     shall be deemed to include phosphate and potash.
                                 ______
                                 
  SA 6090. Mr. CASSIDY (for himself, Mr. Wyden, and Mr. Whitehouse) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and

[[Page S5615]]

Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. SENSE OF CONGRESS ON THREAT POSED BY ACTIVITIES OF 
                   TRANSNATIONAL CRIMINAL ORGANIZATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) Trade-based money laundering is among the most widely 
     used and least understood forms of money laundering, 
     disguising proceeds of crime by moving value through 
     international trade transactions in an attempt to legitimize 
     illicit origins of money or products.
       (2) The transnational nature and complexity of trade-based 
     money laundering make detection and investigation exceedingly 
     difficult.
       (3) Drug trafficking organizations, terrorist 
     organizations, and other transnational criminal organizations 
     have succeeded at trade-based money laundering despite the 
     best efforts of United States law enforcement.
       (4) Trade-based money laundering includes other offenses 
     such as tax evasion, disruption of markets, profit loss for 
     businesses, and corruption of government officials, and 
     constitutes a persistent threat to the economy and security 
     of the United States.
       (5) Trade-based money laundering can result in the 
     decreased collection of customs duties as a result of the 
     undervaluation of imports and fraudulent cargo manifests.
       (6) Trade-based money laundering can decrease tax revenue 
     collected as a result of the sale of underpriced goods in the 
     marketplace.
       (7) Trade-based money laundering is one mechanism by which 
     counterfeiters infiltrate supply chains, threatening the 
     quality and safety of consumer, industrial, and military 
     products.
       (8) Drug trafficking organizations collaborate with Chinese 
     criminal networks to launder profits from drug trafficking 
     through Chinese messaging applications.
       (9) On March 16, 2021, the Commander of the United States 
     Southern Command, Admiral Faller, testified to the Committee 
     on Armed Services of the Senate that transnational criminal 
     organizations ``market in drugs and people and guns and 
     illegal mining, and one of the prime sources that underwrites 
     their efforts is Chinese money-laundering''.
       (10) The deaths and violence associated with drug 
     traffickers, the financing of terrorist organizations and 
     other violent non-state actors, and the adulteration of 
     supply chains with counterfeit goods showcase the danger 
     trade-based money laundering poses to the United States.
       (11) Trade-based money laundering undermines national 
     security and the rule of law in countries where it takes 
     place.
       (12) Illicit profits for transnational criminal 
     organizations and other criminal organizations can lead to 
     instability globally.
       (13) The United States is facing a drug use and overdose 
     epidemic, as well as an increase in consumption of synthetic 
     drugs, such as methamphetamine and fentanyl, which is often 
     enabled by Chinese money laundering organizations operating 
     in coordination with drug-trafficking organizations and 
     transnational criminal organizations in the Western 
     Hemisphere that use trade-based money laundering to disguise 
     the proceeds of drug trafficking.
       (14) The presence of drug traffickers in the United States 
     and their intrinsic connection to international threat 
     networks, as well as the use of licit trade to further their 
     motives, is a national security concern.
       (15) Drug-trafficking organizations frequently use the 
     trade-based money laundering scheme known as the ``Black 
     Market Peso Exchange'' to move their ill-gotten gains out of 
     the United States and into Central and South America.
       (16) United States ports and U.S. Customs and Border 
     Protection do not have the capacity to properly examine the 
     60,000,000 shipping containers that pass through United 
     States ports annually, with only 2 to 5 percent of that cargo 
     actively inspected.
       (17) Trade-based money laundering can only be combated 
     effectively if the intelligence community, law enforcement 
     agencies, the Department of State, the Department of Defense, 
     the Department of the Treasury, the Department of Homeland 
     Security, the Department of Justice, and the private sector 
     work together.
       (18) Drug-trafficking organizations, terrorist 
     organizations, and other transnational criminal organizations 
     disguise the proceeds of their illegal activities behind 
     sophisticated mechanisms that operate seamlessly between 
     licit and illicit trade and financial transactions, making it 
     almost impossible to address without international 
     cooperation.
       (19) Whereas the United States has established Trade 
     Transparency Units with 18 partner countries, including with 
     major drug-producing and transit countries, to facilitate the 
     increased exchange of import-export data to combat trade-
     based money laundering.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the activities of transnational criminal organizations 
     and their networks, and the means by which such organizations 
     and networks move and launder their ill-gotten gains, such as 
     through the use of illicit economies, illicit trade, and 
     trade-based money laundering, pose a threat to the national 
     interests and national security of the United States and 
     allies and partners of the United States around the world;
       (2) in addition to considering the countering of illicit 
     economies, illicit trade, and trade-based money laundering as 
     a national priority and committing to detect, address, and 
     prevent such activities, the President should--
       (A) continue to assess, in the periodic national risk 
     assessments on money laundering, terrorist financing, and 
     proliferation financing conducted by the Department of the 
     Treasury, the ongoing risks of trade-based money laundering;
       (B) finalize the assessment described in the Explanatory 
     Statement accompanying the Financial Services and General 
     Government Appropriations Act, 2020 (division C of the 
     Consolidated Appropriations Act, 2020 (Public Law 116-93)), 
     which directs the Financial Crimes Enforcement Network of the 
     Department of the Treasury to thoroughly assess the risk that 
     trade-based money laundering and other forms of illicit 
     finance pose to national security;
       (C) work expeditiously to develop, finalize, and execute a 
     strategy, as described in section 6506 of the Anti-Money 
     Laundering Act of 2020 (title LXV of division F of Public Law 
     116-283; 134 Stat. 4631), drawing on the multiple instruments 
     of United States national power available, to counter--
       (i) the activities of transnational criminal organizations, 
     including illicit trade and trade-based money laundering; and
       (ii) the illicit economies such organizations operate in;
       (D) coordinate with international partners to implement 
     that strategy, exhorting those partners to strengthen their 
     approaches to combating transnational criminal organizations; 
     and
       (E) review that strategy on a biennial basis and improve it 
     as needed in order to most effectively address illicit 
     economies, illicit trade, and trade-based money laundering by 
     exploring the use of emerging technologies and other new 
     avenues for interrupting and putting an end to those 
     activities; and
       (3) the Trade Transparency Unit program of the Department 
     of Homeland Security should take steps to strengthen its 
     work, including in countries that the Department of State has 
     identified as major money laundering jurisdictions under 
     section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2291h).
                                 ______
                                 
  SA 6091. Ms. MURKOWSKI (for herself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe 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--CAPTA REAUTHORIZATION ACT OF 2022

     SEC. 5001 SHORT TITLE.

       This division may be cited as the ``CAPTA Reauthorization 
     Act of 2022''.

     SEC. 5002. AMENDED CAPTA TABLE OF CONTENTS.

       The Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5101 et seq.) is amended--
       (1) by striking section 2; and
       (2) by amending the table of contents under section 1(b) to 
     read as follows:

                          ``TABLE OF CONTENTS

``Sec. 1. Short title.
``Sec. 2. Definitions.

                       ``TITLE I--GENERAL PROGRAM

``Sec. 101. Office on Child Abuse and Neglect.
``Sec. 102. Interagency work group on child abuse and neglect.
``Sec. 103. National clearinghouse for information relating to child 
              abuse.
``Sec. 104. Research and assistance activities.
``Sec. 105. Grants to States, Indian Tribes or Tribal organizations, 
              and public or private agencies and organizations.
``Sec. 106. Grants to States for child abuse or neglect prevention and 
              treatment programs.
``Sec. 107. Grants to States for programs relating to the investigation 
              and prosecution of child abuse and neglect cases.
``Sec. 108. National child abuse hotline.
``Sec. 109. Miscellaneous requirements relating to assistance.
``Sec. 110. Coordination of child abuse and neglect programs.
``Sec. 111. Reports.
``Sec. 112. Monitoring and oversight.
``Sec. 113. Rule of construction.
``Sec. 114. Authorization of appropriations.

[[Page S5616]]

 ``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE 
                              AND NEGLECT

``Sec. 201. Purposes.
``Sec. 202. Authorization of grants.
``Sec. 203. Lead entity.
``Sec. 204. Application.
``Sec. 205. Uses of funds.
``Sec. 206. Performance measures.
``Sec. 207. National technical assistance for community-based family 
              strengthening services.
``Sec. 208. Rule of construction.
``Sec. 209. Authorization of appropriations.

``TITLE III--PREVENTING CHILD FATALITIES DUE TO CHILD ABUSE AND NEGLECT

 ``Subtitle A--Public Health Approaches to Identify and Prevent Child 
     Fatalities and Near Fatalities Due to Child Abuse and Neglect

``Sec. 301. Purpose.
``Sec. 302. Federal Work Group on Data Collection Related to Child 
              Fatalities and Near Fatalities Due to Child Abuse and 
              Neglect.
``Sec. 303. Case registry for child fatalities and near fatalities due 
              to child abuse and neglect.
``Sec. 304. Grants for State, Indian Tribe, and Tribal organization 
              child fatality review of child abuse and neglect 
              fatalities and near fatalities.
``Sec. 305. Assisting State, Indian Tribe, and Tribal organization 
              implementation.

             ``Subtitle B--Child Abuse and Neglect Records

``Sec. 311. Electronic interstate data exchange system.

             ``Subtitle C--Authorization of Appropriations

``Sec. 321. Authorization of appropriations.

  ``TITLE IV--PUBLIC HEALTH RESPONSE TO INFANTS AFFECTED BY PARENTAL 
                         SUBSTANCE USE DISORDER

``Sec. 401. Purpose.
``Sec. 402. Requirements.
``Sec. 403. National technical assistance and reporting.
``Sec. 404. Grant program authorized.
``Sec. 405. Authorization of appropriations.''.

     SEC. 5003. DEFINITIONS.

       The Child Abuse Prevention and Treatment Act is amended by 
     striking section 3 (42 U.S.C. 5101 note) and inserting the 
     following:

     ``SEC. 2. DEFINITIONS.

       ``(a) In General.--In this Act:
       ``(1) Alaska native.--The term `Alaska Native' has the 
     meaning given the term `Native' in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602)
       ``(2) Child.--Subject to subsection (b)(2), the term 
     `child' means a person who has not attained the lesser of--
       ``(A) the age of 18; or
       ``(B) except in the case of sexual abuse, the age specified 
     by the child protection law of the State in which the child 
     resides.
       ``(3) Child abuse and neglect.--The term `child abuse and 
     neglect' means, at a minimum, any recent act or failure to 
     act on the part of a parent or caretaker, which results in 
     death, serious physical or emotional harm, sexual abuse or 
     exploitation (including sexual abuse as determined under 
     paragraph (19)), or an act or failure to act which presents 
     an imminent risk of serious harm.
       ``(4) Child with a disability.--The term `child with a 
     disability' means a child with a disability as defined in 
     section 602 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1401), or an infant or toddler with a 
     disability as defined in section 632 of such Act (20 U.S.C. 
     1432).
       ``(5) Child or youth overrepresented in the child welfare 
     system.--The term `child or youth overrepresented in the 
     child welfare system' includes any children and youth who 
     belong to populations who are the focus of research efforts 
     authorized under section 404N of the Public Health Service 
     Act (42 U.S.C. 283p) or described in the National Institutes 
     of Health notice NOT-OD-19-139 issued on August 28, 2019.
       ``(6) Community-based family strengthening services.--The 
     term `community-based family strengthening services' includes 
     services that--
       ``(A) are provided by organizations carrying out programs 
     such as family resource programs, family support programs, 
     voluntary home visiting programs, respite care services 
     programs, parenting education, mutual support programs for 
     parents and children, parent partner programs, family 
     advocate programs, and other community programs or networks 
     of such programs; and
       ``(B) are designed to prevent or respond to child abuse and 
     neglect and support families in building protective factors 
     linked to the prevention of child abuse and neglect.
       ``(7) Community referral services.--The term `community 
     referral services' means services provided under contract or 
     through an interagency agreement to assist families in 
     obtaining needed information, mutual support, and community 
     resources, including respite care services, health care 
     services (including mental health and substance use disorder 
     services), employability development and workforce 
     development, and other social services, including early 
     developmental screening of children, through help lines or 
     other methods.
       ``(8) Fatality.--The term `fatality', used with respect to 
     a child fatality that is due to child abuse or neglect, means 
     a fatality of a child that occurred--
       ``(A) due to an injury resulting from child abuse or 
     neglect; or
       ``(B) where child abuse or neglect was a contributing 
     factor to the cause of death.
       ``(9) Governor.--The term `Governor' means the chief 
     executive officer of a State.
       ``(10) Homeless children and youth.--The term `homeless 
     children and youth' means an individual who is described in 
     section 725(2) of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11434a(2)).
       ``(11) Indian; indian tribe; tribal organization.--The 
     terms `Indian', `Indian Tribe', and `Tribal organization' 
     have the meanings given such terms in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).
       ``(12) Individuals with personal experience in the child 
     welfare system.--The term `individuals with personal 
     experience in the child welfare system' means parents and 
     youth with current or previous involvement in the child 
     welfare system, kinship caregivers, foster and adoptive 
     families, and adults who experienced child abuse or neglect 
     as children.
       ``(13) Native hawaiian.--The term `Native Hawaiian' has the 
     meaning given the term in section 6207 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7517).
       ``(14) Near fatality.--The term `near fatality' means an 
     act that, as certified by a physician, places a child in 
     serious or critical condition.
       ``(15) Protective factors linked to the prevention of child 
     abuse and neglect.--The term `protective factors linked to 
     the prevention of child abuse and neglect' means evidence-
     based or evidence-informed factors that have been 
     demonstrated to ensure that families are more likely to be 
     healthy and strong and children are less likely to experience 
     child abuse and neglect.
       ``(16) Respite care services.--The term `respite care 
     services' means services, including the services of crisis 
     nurseries, that are--
       ``(A) provided in the temporary absence of the regular 
     caregiver (meaning a parent, other relative, foster parent, 
     adoptive parent, or guardian);
       ``(B) provided to children who--
       ``(i) are in danger of child abuse or neglect;
       ``(ii) have experienced child abuse or neglect; or
       ``(iii) have disabilities or chronic or terminal illnesses;
       ``(C) provided within or outside the home of the child;
       ``(D) short-term care (ranging from a few hours to a few 
     weeks of time, per year); and
       ``(E) intended to enable the family to stay together and to 
     keep the child living in the home and community of the child.
       ``(17) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(18) Serious bodily injury.--The term `serious bodily 
     injury' means bodily injury which involves substantial risk 
     of death, extreme physical pain, protracted and obvious 
     disfigurement, or protracted loss or impairment of the 
     function of a bodily member, organ, or mental faculty.
       ``(19) Sexual abuse.--The term `sexual abuse' includes--
       ``(A) the employment, use, persuasion, inducement, 
     enticement, or coercion of any child to engage in, or assist 
     any other person to engage in, any sexually explicit conduct 
     or simulation of such conduct for the purpose of producing a 
     visual depiction of such conduct; and
       ``(B) the rape, and in cases of caretaker or inter-familial 
     relationships, statutory rape, molestation, prostitution, or 
     other form of sexual exploitation of children, or incest with 
     children.
       ``(20) State.--Except as provided in section 106(g), the 
     term `State' means each of the several States, the District 
     of Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       ``(21) Withholding of medically indicated treatment.--The 
     term `withholding of medically indicated treatment' means the 
     failure to respond to the infant's life-threatening 
     conditions by providing treatment (including appropriate 
     nutrition, hydration, and medication), which, in the treating 
     physician's or physicians' reasonable medical judgment, will 
     be most likely to be effective in ameliorating or correcting 
     all such conditions, except that the term does not include 
     the failure to provide treatment (other than appropriate 
     nutrition, hydration, or medication) to an infant when, in 
     the treating physician's or physicians' reasonable medical 
     judgment--
       ``(A) the infant is chronically and irreversibly comatose;
       ``(B) the provision of such treatment would--
       ``(i) merely prolong dying;
       ``(ii) not be effective in ameliorating or correcting all 
     of the infant's life-threatening conditions; or
       ``(iii) otherwise be futile in terms of the survival of the 
     infant; or
       ``(C) the provision of such treatment would be virtually 
     futile in terms of the survival of the infant and the 
     treatment itself under such circumstances would be inhumane.
       ``(b) Special Rule.--
       ``(1) In general.--For purposes of paragraphs (3) and (19) 
     of subsection (a), a child shall be considered a victim of 
     child abuse and neglect or sexual abuse if the child is

[[Page S5617]]

     identified, by an employee of the State or local agency 
     involved, as being a victim of sex trafficking (as defined in 
     section 103 of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7102)) or a victim of severe forms of trafficking 
     in persons (as defined in such section 103).
       ``(2) State option.--Notwithstanding the definition of 
     `child' under subsection (a)(2), for purposes of application 
     of paragraph (1), a State may elect to define the term 
     `child' as a person who has not attained the age of 24.
       ``(c) Rule of Construction.--In this Act, the term 
     `substance use disorder' includes alcohol use disorder.''.

                       TITLE LI--GENERAL PROGRAM

     SEC. 5101. INTERAGENCY WORK GROUP ON CHILD ABUSE AND NEGLECT.

       Section 102 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5102) is amended to read as follows:

     ``SEC. 102. INTERAGENCY WORK GROUP ON CHILD ABUSE AND 
                   NEGLECT.

       ``(a) Establishment.--The Secretary may establish and 
     operate an Interagency Work Group on Child Abuse and Neglect 
     (referred to in this section as the `Work Group').
       ``(b) Composition.--The Work Group shall be comprised of 
     representatives from Federal agencies with responsibility for 
     child abuse and neglect related programs and activities and 
     other programs and activities that strengthen families and 
     support child and family well-being.
       ``(c) Duties.--The Work Group shall--
       ``(1) coordinate Federal efforts and activities with 
     respect to child abuse and neglect prevention and treatment, 
     including data collection and reporting;
       ``(2) serve as a forum that convenes relevant Federal 
     agencies to communicate and exchange ideas concerning child 
     abuse and neglect related programs and activities and other 
     programs and activities that strengthen families and support 
     child and family well-being;
       ``(3) work to maximize Federal resources to address child 
     abuse and neglect in areas of critical needs for the field, 
     such as--
       ``(A) improving research;
       ``(B) focusing on prevention of child abuse and neglect;
       ``(C) addressing racial bias and disparities in the child 
     welfare system;
       ``(D) enhancing child welfare professionals' understanding 
     of trauma-informed practices that prevent and mitigate the 
     effects of trauma and adverse childhood experiences;
       ``(E) identifying actions the child protective services 
     system, other public agencies, and community-based 
     organizations can take to develop alternative pathways to 
     connect families experiencing difficulty meeting basic needs 
     or other risk factors associated with child abuse and neglect 
     to community-based family strengthening services to prevent 
     child abuse and neglect in order to safely reduce the number 
     of families unnecessarily involved in such system; and
       ``(F) addressing the links between child abuse and neglect 
     and domestic violence; and
       ``(4) consult with experts in the child protective services 
     field and individuals with personal experience in the child 
     welfare system.''.

     SEC. 5102. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       Section 103 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5104) is amended to read as follows:

     ``SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING 
                   TO CHILD ABUSE.

       ``(a) Establishment.--The Secretary shall establish, 
     directly or through one or more competitive contracts of not 
     less than 3 years duration, a national clearinghouse for 
     information relating to child abuse and neglect.
       ``(b) Consultation.--In establishing the clearinghouse 
     under subsection (a), the Secretary shall consult with the 
     head of each Federal agency involved with child abuse and 
     neglect regarding--
       ``(1) the development of the components for information 
     collection;
       ``(2) the management of such clearinghouse; and
       ``(3) mechanisms for the sharing of information with other 
     Federal agencies and clearinghouses.
       ``(c) Functions.--The Secretary, through the clearinghouse 
     established under subsection (a), shall maintain and 
     disseminate information on--
       ``(1) evidence-based and evidence-informed programs, 
     including private and community-based programs, that have--
       ``(A) demonstrated success with respect to the prevention, 
     assessment, identification, and treatment of child abuse or 
     neglect; and
       ``(B) potential for broad-scale implementation and 
     replication;
       ``(2) the medical diagnosis and treatment of child abuse 
     and neglect and the use of trauma-informed practices that 
     prevent and mitigate the effects of trauma and adverse 
     childhood experiences;
       ``(3) best practices relating to--
       ``(A) differential response;
       ``(B) the use of alternative pathways to connect families 
     experiencing difficulty meeting basic needs or other risk 
     factors associated with child abuse and neglect to community-
     based family strengthening services to prevent child abuse 
     and neglect, including through the operation of local, State, 
     or Tribal helplines, websites, or mobile applications (which 
     may include expanding hotlines and referral systems operated 
     by State, Tribal, or local child protective services agencies 
     for such purposes);
       ``(C) making improvements to the child protective services 
     systems, including efforts to prevent child abuse and 
     neglect, prioritize serving children who are at risk of 
     serious harm, and implement protocols to identify, examine, 
     and eliminate child fatalities and near fatalities due to 
     child abuse and neglect;
       ``(D) making appropriate referrals related to the physical, 
     developmental, and mental health needs of children who are 
     victims of child abuse or neglect, and when appropriate, 
     provide services to parents or children, to address the needs 
     of such children and their families and effectively treat the 
     effects of such abuse or neglect;
       ``(E) supporting children and youth being cared for by 
     kinship caregivers, including such children whose living 
     arrangements with kinship caregivers occurred without the 
     involvement of a child protective services agency; and
       ``(F) workforce development and retention of child 
     protective services personnel;
       ``(4) professional development resources available at the 
     State and local level--
       ``(A) for individuals who are engaged, or who intend to 
     engage, in the prevention, identification, and treatment of 
     child abuse and neglect, including mandated reporters; and
       ``(B) for appropriate State, Tribal, and local officials to 
     assist in the provision of professional development for law 
     enforcement, legal, judicial, medical, physical, behavioral 
     and mental health, child care and early learning, education, 
     child welfare, substance use disorder treatment services, and 
     domestic violence services personnel on--
       ``(i) the role of the child protective services system to 
     identify children at risk of serious harm; and
       ``(ii) how to direct families in need to alternative 
     pathways for community-based family strengthening services in 
     order to safely reduce the number of families unnecessarily 
     involved with child protective services;
       ``(5) in conjunction with the National Resource Centers 
     authorized under section 310(b) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10410(b)), effective 
     programs and best practices for developing and carrying out 
     collaboration between entities providing child protective 
     services and entities providing domestic violence services;
       ``(6) the requirements of section 402(c) and best practices 
     relating to the development, implementation, and monitoring 
     of family care plans as described in section 402(c) for 
     infants affected by parental substance use disorder, 
     including best practices on topics such as--
       ``(A) collaboration and coordination across substance abuse 
     agencies, child welfare agencies, maternal and child health 
     agencies, family courts, early childhood development 
     entities, and other community partners; and
       ``(B) identification and delivery of services for affected 
     infants and their families, including for infants affected by 
     parental substance use disorder, but whose families do not 
     meet criteria for immediate safety concerns of child abuse 
     and neglect;
       ``(7) the incidence of cases of child abuse and neglect in 
     the United States, including information based on data 
     submitted by State child protective services agencies under 
     section 106(d); and
       ``(8) the research conducted under section 104(a).
       ``(d) Data Collection and Analysis.--
       ``(1) In general.--The Secretary shall, in accordance with 
     all applicable Federal and State privacy law, develop and 
     maintain a Federal data collection and analysis system, in 
     consultation with appropriate State, Tribal, and local 
     agencies and experts in the field, to collect, compile, and 
     make available State child abuse and neglect reporting 
     information which shall be universal and case specific and, 
     to the extent practicable, integrated with other case-based 
     Federal, State, Tribal, regional, and local child welfare 
     information (including the automated foster care and adoption 
     reporting system required under section 479 of the Social 
     Security Act (42 U.S.C. 679) and including the case registry 
     authorized under section 303), and which shall include--
       ``(A) standardized data on false, unfounded, 
     unsubstantiated, and substantiated reports;
       ``(B) comparable information on child fatalities and near 
     fatalities due to child abuse and neglect, including--
       ``(i) the number of child fatalities and near fatalities 
     due to child abuse and neglect; and
       ``(ii) case-specific data about the circumstances under 
     which a child fatality or near fatality occurred due to abuse 
     and neglect, including the data elements described in section 
     106(d)(3)(E);
       ``(C) information about the incidence and characteristics 
     of child abuse and neglect in circumstances in which domestic 
     violence is present; and
       ``(D) information about the incidence and characteristics 
     of child abuse and neglect in cases related to substance use 
     disorder.
       ``(2) Confidentiality requirement.--In carrying out 
     paragraph (1), the Secretary shall ensure that methods are 
     established and implemented to preserve the confidentiality 
     of records relating to case specific data.''.

[[Page S5618]]

  


     SEC. 5103. RESEARCH AND ASSISTANCE ACTIVITIES.

       Section 104 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5105) is amended--
       (1) by amending subsections (a) through (c) to read as 
     follows:
       ``(a) Research.--
       ``(1) In general.--The Secretary, in coordination with 
     relevant Federal agencies, and in consultation with 
     recognized experts in the field, shall carry out a continuing 
     interdisciplinary program of research, including longitudinal 
     research, that is designed to--
       ``(A) provide information needed to improve primary 
     prevention of child abuse and neglect;
       ``(B) better protect children from child abuse or neglect;
       ``(C) evaluate the efficacy of programs or practices to 
     improve outcomes;
       ``(D) improve the well-being of victims of child abuse or 
     neglect; and
       ``(E) be responsive to the research needs of the child 
     welfare field.
       ``(2) Topics.--The research program described in paragraph 
     (1) may focus on--
       ``(A) evidence-based or evidence-informed programs 
     regarding--
       ``(i) prevention of child abuse and neglect in families 
     that have not had contact with the child protective services 
     system, including through supporting the development of 
     protective factors linked to the prevention of child abuse 
     and neglect;
       ``(ii) trauma-informed and developmentally-appropriate 
     treatment of children and families who experience child abuse 
     and neglect, including efforts to prevent the re-
     traumatization of such children and families; and
       ``(iii) approaches to identify, relieve, and mitigate 
     stressors affecting families' unique needs in rural, urban, 
     and suburban communities;
       ``(B) effective practices to reduce racial bias and 
     disparities in the child protective services system, 
     including examining how neglect is identified, investigated, 
     and treated by such system;
       ``(C) effective practices and programs in the use of 
     differential response to identify children at risk of serious 
     harm and to safely reduce the number of families 
     unnecessarily investigated by the child protective services 
     system;
       ``(D) effective practices and programs designed to improve 
     service delivery and outcomes for child protective services 
     agencies engaged with children and families with complex 
     needs, such as families who have experienced domestic 
     violence, substance use disorders, or adverse childhood 
     experiences, or who have mental health needs;
       ``(E) best practices for recruiting and retaining a child 
     protective services workforce and providing professional 
     development;
       ``(F) effective collaborations between the child protective 
     system and domestic violence service providers that provide 
     for the safety of children exposed to domestic violence and 
     their non-abusing parents and that improve the 
     investigations, interventions, delivery of services, and 
     treatments provided for such children and families;
       ``(G) child abuse and neglect issues facing Indians, Alaska 
     Natives, and Native Hawaiians, including providing 
     recommendations for improving the collection of child abuse 
     and neglect data from Indian Tribes, Tribal organizations, 
     and Native Hawaiian communities;
       ``(H) child abuse and neglect issues related to children 
     and youth overrepresented in the child welfare system, 
     including efforts to improve the child welfare system's 
     practices related to the prevention, identification, and 
     treatment of child abuse and neglect to address such 
     overrepresentation; and
       ``(I) effective collaborations between the child welfare 
     system and substance use disorder treatment service providers 
     that provide for the safety of children exposed to parents 
     with substance use disorders, and that improve the 
     investigations, interventions, delivery of services, and 
     treatments provided for such children and families.
       ``(3) National incidence of child abuse and neglect.--
       ``(A) In general.--The Secretary shall conduct research on 
     the national incidence of child abuse and neglect and 
     investigate the trends in such incidence, including the 
     information on the national incidence of child abuse and 
     neglect specified in subparagraph (B).
       ``(B) Content.--The research described in subparagraph (A) 
     shall examine the national incidence of child abuse and 
     neglect, including--
       ``(i) the extent to which incidents of child abuse and 
     neglect are increasing or decreasing in number and severity;
       ``(ii) the incidence of substantiated and unsubstantiated 
     reported child abuse and neglect cases;
       ``(iii) the number of substantiated cases that result in a 
     judicial finding of child abuse or neglect or related 
     criminal court convictions;
       ``(iv) the extent to which the number of unsubstantiated, 
     unfounded, or falsely reported cases of child abuse or 
     neglect have contributed to the inability of a State to 
     respond effectively to serious cases of child abuse or 
     neglect;
       ``(v) the extent to which the lack of adequate resources or 
     the lack of adequate supports for individuals required by law 
     to report suspected cases of child abuse and neglect have 
     contributed to the inability of a State to respond 
     effectively to serious cases of child abuse and neglect;
       ``(vi) the number of unsubstantiated, false, or unfounded 
     reports that have resulted in a child being placed in 
     substitute care, and the duration of such placement;
       ``(vii) the extent to which unsubstantiated reports return 
     as more serious cases of child abuse or neglect;
       ``(viii) the incidence and prevalence of--

       ``(I) physical, sexual, and emotional abuse and physical 
     and emotional neglect in substitute care; and
       ``(II) domestic violence in substantiated cases of child 
     abuse and neglect;

       ``(ix) the incidence and prevalence of child abuse and 
     neglect by a wide array of demographic characteristics such 
     as age, sex, race, family structure, household relationship 
     (including the living arrangement of the resident parent and 
     family size), school enrollment and education attainment, 
     disability, labor force status, and income in the previous 
     year;
       ``(x) the extent to which reports of suspected or known 
     instances of child abuse or neglect involving a potential 
     combination of jurisdictions, such as intrastate, interstate, 
     Federal-State, and State-Tribal, are screened out solely on 
     the basis of the cross-jurisdictional complications; and
       ``(xi) the incidence and outcomes of child abuse and 
     neglect allegations reported within the context of divorce, 
     custody, or other family court proceedings, and the 
     interaction between family courts and the child protective 
     services system.
       ``(4) Report.--Not later than 3 years after the date of the 
     enactment of the CAPTA Reauthorization Act of 2022 and every 
     2 years thereafter, the Secretary shall prepare and make 
     available on a website that is accessible to the public and 
     submit 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 that--
       ``(A) identifies the research priorities under paragraph 
     (5) and the process for determining such priorities;
       ``(B) contains a summary of the research supported pursuant 
     to paragraphs (1) and (2), and a summary of any other 
     relevant research on child abuse and neglect conducted by 
     agencies within the Department of Health and Human Services;
       ``(C) contains the findings of the research regarding the 
     national incidence on child abuse and neglect conducted under 
     paragraph (3); and
       ``(D) describes how the Secretary will continue to improve 
     the accuracy of information on the national incidence on 
     child abuse and neglect specified in paragraph (3).
       ``(5) Priorities.--
       ``(A) In general.--The Secretary shall establish research 
     priorities, which may include long-term studies, for making 
     grants or contracts for purposes of carrying out paragraph 
     (1).
       ``(B) Public comment.--The Secretary shall provide a 
     biennial opportunity for public comment concerning the 
     priorities proposed under subparagraph (A) and shall maintain 
     an official record of such public comment.
       ``(b) Provision of Technical Assistance.--
       ``(1) In general.--The Secretary shall provide technical 
     assistance to State, local, and Tribal public and private 
     agencies and community-based organizations, including 
     organizations that support children or youth overrepresented 
     in the child welfare system and their families, disability 
     organizations, and persons who work with children with 
     disabilities, and providers of mental health, substance use 
     disorder treatment, and domestic violence prevention 
     services, to assist such agencies and organizations in 
     planning, improving, developing, carrying out, and evaluating 
     programs and activities, including replicating successful 
     program models, relating to the prevention, assessment, 
     identification, and treatment of child abuse and neglect.
       ``(2) Content.--The technical assistance under paragraph 
     (1) shall be designed to--
       ``(A) reduce racial bias and disparities in the child 
     protective services system;
       ``(B) support the child protective services system to 
     develop and implement trauma-informed approaches to prevent, 
     reduce, and treat child abuse and neglect;
       ``(C) promote best practices for addressing child abuse and 
     neglect in families with complex needs, such as families who 
     have experienced domestic violence, substance use disorders, 
     or adverse childhood experiences, or who have mental health 
     needs, including professional development on such practices 
     for the child protective services workforce;
       ``(D) leverage State, local, and community-based resources 
     to prevent child abuse and neglect to develop a continuum of 
     prevention programs and services, including resources 
     regarding health care (including mental health and substance 
     use disorder), housing, food assistance, parent support, 
     financial assistance, child care and early learning, 
     education services, and other services to assist families;
       ``(E) promote best practices for maximizing coordination 
     and communication between State, Tribal, and local child 
     protective services agencies and relevant health care 
     entities, consistent with all applicable Federal and State 
     privacy law; and
       ``(F) provide other technical assistance, as determined by 
     the Secretary in consultation with such State, Tribal, and 
     local public and

[[Page S5619]]

     private agencies and community-based organizations as the 
     Secretary determines appropriate.
       ``(3) Evaluation.--The technical assistance under paragraph 
     (1) may include an evaluation or identification of--
       ``(A) various methods and procedures for the prevention, 
     investigation, assessment, and prosecution of child physical 
     and sexual abuse cases;
       ``(B) ways to prevent and mitigate the effects of trauma to 
     the child victim;
       ``(C) effective programs carried out by the States under 
     this title and title II;
       ``(D) effective approaches to link child protective service 
     agencies with health care (including mental health and 
     substance use disorder), and developmental services to 
     improve forensic diagnosis and health evaluations, and reduce 
     barriers and shortages to such linkages; and
       ``(E) the extent to which changes in methods, procedures, 
     and approaches implemented by the child protective service 
     system minimized racial bias and disparities in such system.
       ``(4) Dissemination.--The Secretary may provide for, and 
     disseminate information relating to, various professional 
     development available at the State and local level to--
       ``(A) individuals who are engaged, or who intend to engage, 
     in the prevention, identification, and treatment of child 
     abuse and neglect; and
       ``(B) appropriate State and local officials to assist in 
     the provision of professional development for law 
     enforcement, legal, judicial, medical, mental health, child 
     care and early learning, education, child welfare, substance 
     use disorder, and domestic violence services personnel in 
     appropriate methods of interacting during investigative, 
     administrative, and judicial proceedings with children who 
     have been subjected to, or children whom such personnel 
     suspect have been subjected to, child abuse or neglect.
       ``(c) Authority to Make Grants or Enter Into Contracts.--
       ``(1) In general.--The functions of the Secretary under 
     this section may be carried out directly or through grant or 
     contract.
       ``(2) Duration.--Grants under this section shall be made 
     for periods of not more than 5 years.''; and
       (2) by striking subsection (e).

     SEC. 5104. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 
                   ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES 
                   AND ORGANIZATIONS.

       Section 105 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106) is amended to read as follows:

     ``SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 
                   ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES 
                   AND ORGANIZATIONS.

       ``(a) Authority to Award Grants or Enter Into Contracts.--
     The Secretary may award grants and enter into contracts to 
     carry out programs and projects in accordance with this 
     section, for any of the following purposes:
       ``(1) Capacity building, in order to create coordinated, 
     inclusive, and collaborative systems that have statewide, 
     local, or community-based impact in preventing, reducing, and 
     treating child abuse and neglect.
       ``(2) Innovation, through time-limited, field-initiated 
     demonstration projects that further the understanding of the 
     field to prevent, reduce, and treat child abuse and neglect.
       ``(b) Capacity Building Grant Program.--
       ``(1) In general.--The Secretary may award grants or 
     contracts to an eligible entity to improve the capacity of 
     the child protective services system in strengthening 
     families and preventing, reducing, and treating child abuse 
     and neglect.
       ``(2) Eligible entity.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a State or local agency, Indian Tribe or Tribal 
     organization, or a nonprofit entity; or
       ``(B) a consortium of entities described in subparagraph 
     (A).
       ``(3) Applications.--To receive a grant or contract under 
     this subsection, an eligible entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(4) Use of funds.--An eligible entity receiving a grant 
     or contract under this subsection shall use the funds made 
     available through the grant or contract to better align and 
     coordinate community-based, local, or State activities to 
     strengthen families and prevent, reduce, and treat child 
     abuse and neglect, by--
       ``(A) providing professional development for professionals 
     in prevention, identification, or treatment of child abuse 
     and neglect, which may include--
       ``(i) professional development for professional and 
     paraprofessional personnel who are engaged in, or intend to 
     work in, the field of prevention, identification, and 
     treatment of child abuse and neglect, including on the links 
     between child abuse and neglect and domestic violence and 
     approaches to working with families affected by substance use 
     disorder;
       ``(ii) professional development on evidence-based and 
     evidence-informed programs to improve child abuse and neglect 
     reporting, with a focus on adults who work with children in a 
     professional or volunteer capacity, including on--

       ``(I) preventing, recognizing, and responding to child 
     sexual abuse; and
       ``(II) safely reducing the number of families unnecessarily 
     investigated by the child protective services system;

       ``(iii) professional development of personnel in best 
     practices to meet the unique needs and development of 
     children with disabilities, children under the age of 3, and 
     infants affected by substance use disorder;
       ``(iv) improving the professional development of 
     supervisory child protective services personnel on best 
     practices for recruiting, selecting, and retaining the child 
     protective services workforce;
       ``(v) supporting State child welfare and child protective 
     services agencies in coordinating the provision of services 
     with State and local health care agencies, substance abuse 
     agencies, public health agencies, mental health agencies, 
     other public and private welfare agencies, and agencies that 
     provide early intervention services to promote child safety, 
     permanence, and family stability, which may include best 
     practices to improve coordination between agencies to meet 
     health evaluation and treatment needs of children who have 
     been victims of substantiated cases of child abuse or 
     neglect;
       ``(vi) professional development for personnel in best 
     practices relating to the provision of differential response; 
     and
       ``(vii) professional development for child welfare 
     professionals to reduce and prevent racial bias in the 
     provision of child protective services and child welfare 
     services related to child abuse and neglect;
       ``(B) enhancing systems coordination and triage procedures, 
     including programs of collaborative partnerships between the 
     State child protective services agency, community social 
     service agencies and community-based family support programs, 
     law enforcement agencies and legal systems, developmental 
     disability agencies, substance use disorder treatment 
     agencies, health care entities, domestic violence prevention 
     entities, mental health service entities, schools, places of 
     worship, and other community-based agencies, such as 
     children's advocacy centers, in accordance with all 
     applicable Federal and State privacy law, to--
       ``(i) improve responses to reports of child abuse and 
     neglect;
       ``(ii) allow for the establishment or improvement of a 
     coordinated triage system;
       ``(iii) connect families experiencing difficulty meeting 
     basic needs or risk factors associated with child abuse and 
     neglect to community-based systems and programs that assist 
     families seeking support to minimize involvement in the child 
     protective services system; or
       ``(iv) modernize data systems and networks to improve the 
     effectiveness of technology used by the child protective 
     services system, including to facilitate timely information 
     and data sharing and referrals between systems that are 
     designed to serve children and families; or
       ``(C) establishing or enhancing coordinated systems of 
     support for children, parents, and families, including a 
     continuum of prevention programs and services that 
     strengthens families and connects families to services and 
     supports relevant to their diverse needs regardless of how 
     families make contact with such systems.
       ``(c) Field-initiated Innovation Grant Program.--
       ``(1) In general.--The Secretary may award grants or 
     contracts to eligible entities for field-initiated 
     demonstration projects of up to 5 years that advance 
     innovative approaches to prevent, reduce, or treat child 
     abuse and neglect.
       ``(2) Eligible entity.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a State or local agency, Indian Tribe or Tribal 
     organization, or public or private agency, or organization; 
     or
       ``(B) a consortium of entities described in subparagraph 
     (A).
       ``(3) Applications.--To receive a grant or contract under 
     this subsection, an eligible entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including, at a minimum, a rigorous methodological approach 
     to the evaluation of the grant or contract and a description 
     of the eligible entity's efforts to engage with individuals 
     with personal experience in the child welfare system in 
     carrying out such grant or contract.
       ``(4) Use of funds.--An eligible entity that receives a 
     grant or contract under this subsection shall use the funds 
     made available through the grant or contract to carry out or 
     bring to scale promising, evidence-informed, or evidence-
     based activities to prevent, treat, or reduce child abuse and 
     neglect that shall include one or more of the following:
       ``(A) Multidisciplinary systems of care to strengthen 
     families and prevent, reduce, and treat child abuse and 
     neglect, such as children's advocacy centers or programs that 
     focus on addressing traumatic stress in families due to child 
     abuse and neglect, especially for families with complex 
     needs, such as families who have experienced domestic 
     violence, substance use disorders, or adverse childhood 
     experiences, or who have mental health needs.
       ``(B) Primary prevention programs or strategies aimed at 
     reducing the prevalence of child abuse and neglect among 
     families.
       ``(C) The development and use of alternative pathways to 
     connect families experiencing difficulty meeting basic needs 
     or other risk factors associated with child abuse and neglect 
     to community-based family strengthening services to prevent 
     child abuse and neglect or other public and private 
     resources, such as supporting the development and 
     implementation of--

[[Page S5620]]

       ``(i) State, Tribal, or local helplines, websites, or 
     mobile applications (which may include expanding hotlines and 
     referral systems operated by State, Tribal, or local child 
     protective services agencies for such purposes);
       ``(ii) a continuum of prevention programs and services that 
     strengthen families and promote child, parent, and family 
     well-being; and
       ``(iii) innovative collaboration and coordination between 
     the child protective services system, public agencies, and 
     community-based organizations (including community-based 
     providers supported under title II).
       ``(D) Innovative approaches to support mandated child abuse 
     and neglect reporters, which may include education tailored 
     to the mandated individual's profession or role when working 
     with children.
       ``(E) Innovative programs, activities, and services that 
     are aligned with the research priorities identified under 
     section 104(a)(5).
       ``(F) Projects to improve the development and 
     implementation of best practices to educate and assist 
     medical professionals in identifying, assessing, and 
     responding to potential abuse in infants, including improving 
     communication and alignment with child protective services as 
     appropriate and identifying injuries indicative of potential 
     abuse in infants, and to assess the outcomes of such best 
     practices.
       ``(G) Projects to establish or implement comprehensive 
     child sexual abuse awareness and prevention programs in an 
     age- and developmentally-appropriate manner for children and 
     youth, parents, guardians, and professionals, including on 
     recognizing and safely reporting such abuse.
       ``(d) Evaluation.--In awarding grants and contracts for 
     programs or projects under this section, the Secretary shall 
     require all such programs and projects to be evaluated for 
     their effectiveness. Funding for such evaluations shall be 
     provided either as a stated percentage of a grant or 
     contracts or as a separate grant or contract entered into by 
     the Secretary for the purpose of evaluating a particular 
     program or project or group of programs or projects. In the 
     case of an evaluation performed by the recipient of a grant, 
     the Secretary shall make available technical assistance for 
     the evaluation, where needed, including the use of a rigorous 
     application of scientific evaluation techniques.''.

     SEC. 5105. NATIONAL CHILD ABUSE HOTLINE.

       Title I of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5101 et seq.) is amended--
       (1) by repealing section 114;
       (2) redesignating section 112 as section 114 and moving 
     such section to the end of title I;
       (3) by redesignating sections 108 through 111 as sections 
     109 through 112, respectively; and
       (4) by inserting after section 107 the following:

     ``SEC. 108. NATIONAL CHILD ABUSE HOTLINE.

       ``(a) In General.--The Secretary may award a grant under 
     this section to a nonprofit entity to provide for the ongoing 
     operation of a 24-hour, national, toll-free telephonic child 
     abuse hotline and digital services.
       ``(b) Priority.--In awarding a grant under this section the 
     Secretary shall give priority to applicants with experience 
     in the operation of a hotline and digital services that 
     provide assistance to victims of child abuse or neglect, 
     parents, caregivers, mandated reporters, and other concerned 
     community members.
       ``(c) Term.--The Secretary shall award a grant under this 
     section for a period of not more than 5 years.
       ``(d) Conditions on Payment.--The provision of payments 
     under a grant awarded under this section shall be subject to 
     annual approval by the Secretary and subject to the 
     availability of appropriations for each fiscal year to make 
     the payments.
       ``(e) Application.--To be eligible to receive a grant under 
     this section, a nonprofit entity shall submit an application 
     to the Secretary, at such time, in such manner, and 
     containing such information as the Secretary may require. 
     Such an application shall--
       ``(1) include a description of the applicant's plan for the 
     operation of a national child abuse hotline and digital 
     services, including descriptions of--
       ``(A) the professional development program for advocacy 
     personnel;
       ``(B) the hiring criteria and qualifications for advocacy 
     personnel responding to hotline callers and digital services 
     users;
       ``(C) the methods for the creation, maintenance, and 
     updating of a comprehensive database of resources, including 
     prevention and treatment services and alternative pathways to 
     connect families experiencing difficulty meeting basic needs 
     or other risk factors associated with child abuse and neglect 
     to community-based family strengthening services;
       ``(D) a plan for publicizing the availability of the 
     hotline and digital services throughout the United States, 
     including in urban, suburban, and rural areas;
       ``(E) a plan for providing service to callers and digital 
     service users with limited English proficiency, including 
     service through advocacy personnel who are multilingual;
       ``(F) a plan for facilitating access to the hotline and 
     digital services by people with disabilities, including 
     individuals who are deaf or hard of hearing or are blind or 
     have visual impairments, and for providing professional 
     development to hotline and digital services personnel in 
     assisting people with disabilities who are accessing the 
     hotline and digital services; and
       ``(G) a plan for providing assistance and referrals for 
     victims of child abuse, including youth victims;
       ``(2) demonstrate that the applicant has the capacity and 
     the expertise to maintain a child abuse hotline and digital 
     services and a comprehensive database of service providers;
       ``(3) demonstrate the ability of the applicant to--
       ``(A) provide information and referrals for individuals 
     contacting the hotline or using digital services;
       ``(B) directly connect callers or users of digital services 
     to service providers; and
       ``(C) employ crisis interventions meeting the standards of 
     child abuse and prevention service providers;
       ``(4) demonstrate a commitment to diversity and to the 
     provision of services to underserved populations, including 
     to ethnic, racial, and non-English speaking minorities, older 
     individuals, and people with disabilities; and
       ``(5) provide an assurance that the entity complies with 
     all applicable State and Federal privacy law and has 
     established quality assurance practices.
       ``(f) Performance Metrics and Report.--An entity receiving 
     a grant under this section shall--
       ``(1) establish quantifiable metrics for measuring the 
     performance of the hotline and digital services;
       ``(2) conduct an evaluation of the effectiveness the 
     hotline and digital services as measured by the metric 
     established under paragraph (1); and
       ``(3) submit a performance report to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require, including--
       ``(A) the activities that have been carried out with such 
     grant funds; and
       ``(B) the results of the evaluation described under 
     paragraph (2).
       ``(g) Continuing Grants.--The Secretary may award a 
     continuing grant to an entity under this section only if such 
     entity submits a performance report required under subsection 
     (f)(3) that demonstrates effectiveness of the project 
     funded.''.

     SEC. 5106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       Section 106 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106a) is amended to read as follows:

     ``SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       ``(a) State Grants.--The Secretary shall make grants to the 
     States, from allotments made under subsection (g), for each 
     State that applies for a grant under this section, for 
     purposes of assisting the States in improving the child 
     protective services system of each such State with respect to 
     one or more of the following activities:
       ``(1) Improving the intake, assessment, screening, and 
     investigation of reports of child abuse or neglect, 
     including--
       ``(A) the use of differential response;
       ``(B) establishing and maintaining a high-risk response 
     system to ensure that each repeat referral of the same child, 
     and each referral of a child under the age of 3 years, 
     receives a rapid response from such system;
       ``(C) protocols and professional development that reduce 
     and prevent--
       ``(i) the separation of children from their legal parents 
     or guardians solely on the basis of poverty; and
       ``(ii) racial bias in the child protective services system.
       ``(2) Supporting trauma-informed response, investigation, 
     and treatment of child abuse and neglect by--
       ``(A) creating and improving the use of multidisciplinary 
     teams, including children's advocacy centers;
       ``(B) enhancing investigations through interagency, intra-
     agency, interstate, and intrastate protocols; and
       ``(C) improving legal preparation and representation, 
     including procedures for appealing and responding to appeals 
     of substantiated reports of child abuse or neglect.
       ``(3) Establishing alternative pathways to connect families 
     in need to voluntary, community-based family strengthening 
     services in order to enable the child protective services 
     system to focus on children at most serious risk of harm and 
     safely reduce the number of families unnecessarily 
     investigated for child abuse and neglect, through the 
     development, implementation, and expansion of--
       ``(A) local or State helplines, websites, or mobile 
     applications (which may include expanding hotlines and 
     referral systems operated by State or local child protective 
     services agencies for such purposes); and
       ``(B) coordination with other local and State public 
     entities to support a continuum of prevention programs and 
     services that strengthen families and promote child, parent, 
     and family well-being.
       ``(4) Improving case management approaches, including 
     ongoing case monitoring, and delivery of services and 
     treatment provided to children and their families to ensure 
     safety and respond to family needs, including--
       ``(A) multidisciplinary approaches to assessing family 
     needs and connecting families with services, including 
     prevention services under section 471 of the Social Security 
     Act (42 U.S.C. 671);

[[Page S5621]]

       ``(B) organizing treatment teams of community service 
     providers that prevent and treat child abuse and neglect, and 
     improve child and family well-being; and
       ``(C) case-monitoring that can ensure progress in child and 
     family well-being.
       ``(5) Modernizing data systems to improve case management, 
     coordination, and communication between State and local 
     public agencies, including--
       ``(A) updating systems of technology that support the 
     program and track reports of child abuse and neglect from 
     intake through final disposition and allow for interstate and 
     intrastate information exchange;
       ``(B) improving real-time case monitoring for the child 
     protective services workforce at the State and local levels 
     to track assessments, service referrals, follow-up, case 
     reviews, and progress toward case plan goals;
       ``(C) facilitating real-time data sharing between State and 
     local public agencies and relevant health care entities, 
     consistent with all applicable Federal and State privacy law; 
     and
       ``(D) developing, improving, and implementing risk and 
     safety assessment tools and protocols that reduce and prevent 
     bias towards children and families involved in the child 
     welfare system.
       ``(6) Developing, strengthening, and facilitating 
     professional development for professionals and volunteers 
     engaged in the prevention, intervention, and treatment of 
     child abuse and neglect, including with respect to--
       ``(A) the legal duties of such professionals and 
     volunteers;
       ``(B) personal safety for the child protective services 
     workforce;
       ``(C) early childhood, child, and adolescent development 
     and the impact of child abuse and neglect, including long-
     term impacts of adverse childhood experiences;
       ``(D) improving coordination among child protective service 
     agencies and health care agencies, entities providing health 
     care (including mental health and substance use disorder 
     services), and community resources;
       ``(E) improving screening, forensic diagnosis, and health 
     and developmental evaluations, which may include best 
     practices for periodic reevaluations, as appropriate;
       ``(F) addressing the unique needs of children with 
     disabilities, including promoting interagency collaboration 
     to meet such needs;
       ``(G) supporting the placement of children with kinship 
     caregivers and addressing the unique needs of children in 
     such placements;
       ``(H) implementing responsive, family-oriented, and trauma-
     informed approaches to prevention, identification, 
     intervention, and treatment of child abuse and neglect;
       ``(I) ensuring child safety;
       ``(J) the links between child abuse and neglect and 
     families with complex needs, such as families who have 
     experienced domestic violence, substance use disorders, or 
     adverse childhood experiences, or who have mental health 
     needs;
       ``(K) coordinating with other services and agencies to 
     address family and child needs, including trauma; and
       ``(L) distinguishing between cases of child and abuse 
     neglect and cases related to family economic insecurity where 
     abuse and neglect are not present.
       ``(7) Improving the recruitment and retention of child 
     protective services personnel, such as efforts to address the 
     effects of indirect trauma exposure for such personnel.
       ``(8) Developing, facilitating the use of, and implementing 
     evidence-based or evidence-informed strategies and protocols 
     for individuals mandated to report child abuse and neglect, 
     which may include--
       ``(A) strategies designed for mandated reporters in 
     specific professions;
       ``(B) public awareness and understanding relating to the 
     role and responsibilities of the child protective services 
     system; and
       ``(C) the nature and basis for reporting suspected 
     incidents of child abuse and neglect.
       ``(9) Developing, implementing, or operating programs and 
     referrals to assist in obtaining or coordinating necessary 
     services for families of infants or toddlers with a 
     disability, including--
       ``(A) evaluation and early intervention services for 
     infants and toddlers, with special attention to at-risk 
     infants or toddlers (as defined in section 632 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1432)), in accordance with part C of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1431 et seq.) and 
     providing other support to such infants or toddlers, which 
     may include--
       ``(i) financial assistance in obtaining early intervention 
     services where an infant or toddler does not meet the State's 
     eligibility requirements under such part C; and
       ``(ii) support for families, including foster families and 
     kinship caregivers, in ensuring infants and toddlers receive 
     early intervention services;
       ``(B) trauma-informed services, and
       ``(C) early care and educational services, including Early 
     Head Start programs.
       ``(10) Enhancing interagency collaboration between agencies 
     and providers of the child protective services, public 
     health, mental health, substance use disorder treatment, 
     education, child care and early learning, domestic violence 
     services, law enforcement, and juvenile justice to improve 
     the investigations, interventions, delivery of services, and 
     treatments provided for children and families experiencing 
     child abuse and neglect, which may include--
       ``(A) methods for continuity of treatment plan and services 
     as children and families transition between systems;
       ``(B) addressing the health needs, including mental health 
     needs, of children identified as victims of child abuse or 
     neglect, including supporting prompt, comprehensive health 
     and developmental evaluations for children who are the 
     subjects of substantiated child abuse and neglect reports;
       ``(C) the provision of services that assist children 
     exposed to domestic violence, and that also support the 
     caregiving role of their non-abusing parents;
       ``(D) enhancing the capacity of public entities or 
     community-based providers to integrate the leadership of 
     parents in such entities' decision-making;
       ``(E) co-locating service providers; and
       ``(F) the provision of services that assist infants 
     affected by substance use disorder and that also support the 
     bond between children and birth parents to strengthen 
     families whenever possible.
       ``(11) Supporting the development, implementation, and 
     monitoring of family care plans for infants affected by 
     substance use disorder and their families and affected 
     caregivers, in accordance with the requirements of section 
     402(c), including through enhancing interagency coordination, 
     such as between the State's substance abuse agencies, public 
     health and mental health agencies, child welfare agencies, 
     social services agencies, health care facilities with labor 
     and delivery units, maternal and child health agencies, early 
     intervention agencies, family courts with jurisdiction in 
     cases of child abuse and neglect, and other agencies or 
     entities involved in supporting families affected by 
     substance use disorders.
       ``(b) Eligibility Requirements.--
       ``(1) State plan.--
       ``(A) In general.--To be eligible to receive a grant under 
     this section, a State shall submit to the Secretary a State 
     plan for improving and strengthening the child protective 
     service system through the activities described in subsection 
     (a).
       ``(B) Duration of plan.--Each State plan shall--
       ``(i) be submitted not less frequently than once every 5 
     years, in coordination with the State plan submitted under 
     part B of title IV of the Social Security Act (42 U.S.C. 621 
     et seq.); and
       ``(ii) be periodically reviewed and revised by the State, 
     as necessary, to reflect--

       ``(I) any substantive changes to State law or regulations 
     related to the prevention of child abuse and neglect that may 
     affect the eligibility of the State under this section; and
       ``(II) any significant changes from the State application 
     related to the State's funding of strategies and programs 
     supported under this section.

       ``(C) Public collaboration and comment.--In developing the 
     State plan under subparagraph (A), each State shall--
       ``(i) consult widely with stakeholders and relevant public 
     and private organizations and individuals across the State, 
     which shall include parents and other individuals with 
     personal experience in the child welfare system;
       ``(ii) collaborate with the lead entity and community-based 
     providers funded under title II to strengthen the State's 
     prevention efforts in the State plan;
       ``(iii) make the draft plan publicly available by 
     electronic means in an easily accessible format; and
       ``(iv) provide all interested members of the public at 
     least 30 days opportunity to submit comments on the draft 
     State plan.
       ``(D) Availability.--The State shall ensure that the final 
     approved plan required under subparagraph (A) shall be 
     publicly available by electronic means in an easily 
     accessible format, and shall update such publicly available 
     plan to include any revisions to such plan described in 
     subparagraph (B)(ii).
       ``(2) Plan provisions.--
       ``(A) Descriptions.--Each State plan required under 
     paragraph (1) shall describe--
       ``(i) the activities the State will carry out using amounts 
     received under the grant to prevent, reduce, and treat child 
     abuse and neglect and how those activities will improve and 
     strengthen the child protective service system;
       ``(ii) the State's strategy to implement a systems-building 
     approach to develop and maintain a continuum of prevention 
     programs and services, in coordination with relevant State 
     and local public agencies families and community-based 
     organizations to prevent child abuse and neglect by 
     strengthening and supporting families whenever possible, such 
     as through the development of alternative pathways described 
     in subsection (a)(3);
       ``(iii) professional development and retention activities 
     to be provided under the grant to support direct line and 
     supervisory child protective services personnel in report 
     taking, screening, assessment, decision-making, and referral 
     for investigating suspected instances of child abuse and 
     neglect;
       ``(iv) the support and education to be provided under the 
     grant for mandatory reporting by individuals who are required 
     to report known or suspected cases of child abuse and 
     neglect, including for purposes of making such individuals 
     aware of such requirements;
       ``(v) policies and procedures encouraging the appropriate 
     involvement of families in decision-making pertaining to 
     children who have experienced child abuse or neglect;

[[Page S5622]]

       ``(vi) policies and procedures that promote and enhance 
     appropriate collaboration among child protective service 
     agencies, domestic violence service agencies, substance abuse 
     agencies, mental health agencies, other relevant agencies, 
     and kinship navigators in investigations, interventions, and 
     the delivery of services and treatment provided to children 
     and families affected by child abuse or neglect, including 
     children exposed to domestic violence, where appropriate;
       ``(vii) policies and procedures regarding the use of 
     differential response and a timeline for the development and 
     implementation of a high-risk response system to ensure that 
     each repeat referral of the same child, and each referral of 
     a child under the age of 3 years, receives a rapid response 
     from such system;
       ``(viii) how the State will enact policies and procedures 
     within 2 years of the date of enactment of the CAPTA 
     Reauthorization Act of 2022 requiring timely public 
     disclosure of the findings or information about the case of 
     child abuse or neglect that has resulted in a child fatality 
     or near fatality (in accordance with relevant Federal and 
     State privacy and confidentiality requirements), which shall 
     include a description of--

       ``(I) how the State will make such information publicly 
     available in an easily accessible format, including 
     information on--

       ``(aa) the cause and circumstances of the fatality or near 
     fatality;
       ``(bb) the age, gender, and race or ethnicity of the child; 
     and
       ``(cc) any previous reports of child abuse or neglect 
     investigations by the perpetrator or the victim; and

       ``(II) assurances of the State that the State will not 
     allow an exception to such public disclosure, except in a 
     case in which--

       ``(aa) the State needs to delay public release of case-
     specific findings or information (including any previous 
     reports of domestic violence and subsequent actions taken to 
     assess and address such reports) during a pending criminal 
     investigation or prosecution of such a fatality or near 
     fatality;
       ``(bb) the State is protecting the identity of a reporter 
     of child abuse or neglect; or
       ``(cc) the State is withholding information in order to 
     ensure the safety and well-being of the child, parents, and 
     family, if such parents or other members of the victim's 
     family are not perpetrators of the fatality or near fatality;
       ``(ix) the State's efforts to collect and review data on 
     child fatalities and near fatalities due to child abuse and 
     neglect to drive systemic change to prevent such incidents 
     from occurring in the future, including a description of--

       ``(I) the criteria utilized by the State's child protective 
     services agency to determine which cases of child fatalities 
     and near fatalities due to abuse and neglect are reported 
     under subsection (d), subject to the requirements of section 
     422(b)(19) of the Social Security Act (42 U.S.C. 622(b)(19)), 
     such as whether such agency is submitting data on--

       ``(aa) only such cases that--
       ``(AA) had involvement with the State's child protective 
     services agency;
       ``(BB) were investigated by such agency; and
       ``(CC) were substantiated as abuse or neglect by such 
     agency; or
       ``(bb) all cases of child fatalities and near fatalities 
     identified as being related to child abuse and neglect by the 
     State's child fatality review system; and

       ``(II) how the State is reviewing and analyzing such data 
     to support reforms intended to prevent future child 
     fatalities and near fatalities across the policies and 
     procedures of the State's agencies that support children and 
     families;

       ``(x) the State's efforts to reduce racial bias and 
     disparities in its child protective services system;
       ``(xi) the State's efforts to improve policies and 
     procedures regarding the identification and response to child 
     abuse and neglect in order to safely reduce unnecessary 
     investigations by State and local child protective services 
     agencies of--

       ``(I) families solely on the basis of circumstances related 
     to poverty; and
       ``(II) families experiencing homelessness solely on the 
     basis of circumstances related to such families' housing 
     status;

       ``(xii) to improve the State's provision of legal 
     representation to children and parents in cases involving 
     allegations of child abuse or neglect that result in a 
     judicial proceeding, in accordance with the requirements of 
     paragraph (3)(B); and
       ``(xiii) the State's provisions to require intrastate and 
     interstate cooperation between State law enforcement 
     officials, court of competent jurisdiction, and appropriate 
     State agencies providing human services in the investigation, 
     assessment, prosecution, and treatment of child abuse and 
     neglect.
       ``(B) Assurances.--Each State plan shall provide assurances 
     that the State has--
       ``(i) provisions or procedures for individuals to report 
     known and suspected instances of child abuse and neglect 
     directly to the appropriate State or local agency, as 
     applicable under State law, including a State law for 
     mandatory reporting by individuals required to report such 
     instances, including, as defined by the State--

       ``(I) health professionals;
       ``(II) school and child care personnel;
       ``(III) law enforcement officials;
       ``(IV) social workers;
       ``(V) camp and after-school employees;
       ``(VI) clergy, except where clergy-penitent privilege is 
     applicable; and
       ``(VII) other individuals, as a State may require;

       ``(ii) provisions for immunity from civil or criminal 
     liability under State and local laws for individuals making 
     good faith reports of suspected or known instances of child 
     abuse or neglect, or who otherwise provide information or 
     assistance, including medical evaluations or consultations, 
     in connection with a report, investigation, or legal 
     intervention pursuant to a good faith report of child abuse 
     or neglect;
       ``(iii) procedures for the immediate screening, risk and 
     safety assessment, and prompt investigation of reports of 
     suspected or known instances of child abuse and neglect, and 
     triage procedures for the appropriate referral of a child not 
     at risk of imminent harm to a community organization or 
     voluntary preventive service;
       ``(iv) procedures for immediate steps to be taken to ensure 
     and protect the safety of a victim of child abuse or neglect 
     and of any other child under the same care who also may be in 
     danger of child abuse or neglect and ensuring their placement 
     in a safe environment, which may include placements with 
     kinship caregivers;
       ``(v) methods to preserve the confidentiality of all 
     records in order to protect the rights of the child and of 
     the child's parents or guardians, including requirements 
     ensuring that reports and records made and maintained 
     pursuant to the purposes of this Act shall be made available 
     only to--

       ``(I) individuals who are the subject of the report;
       ``(II) Federal, State, or local government entities, or any 
     agent of such entities, as described in clause (vi);
       ``(III) child abuse citizen review panels;
       ``(IV) child fatality review programs;
       ``(V) a grand jury or court, upon a finding that 
     information in the record is necessary for the determination 
     of an issue before the court or grand jury; and
       ``(VI) other entities or classes of individuals statutorily 
     authorized by the State to receive such information pursuant 
     to a legitimate State purpose;

       ``(vi) provisions to require a State to disclose 
     confidential information to any Federal, State, or local 
     government entity, or any agent of such entity, that has a 
     need for such information in order to carry out its 
     responsibilities under law to protect children from child 
     abuse and neglect;
       ``(vii) provisions requiring, and procedures in place that 
     facilitate, the notification of individuals who are added to 
     a child abuse registry and the prompt expungement of any 
     records that are accessible to the general public or are used 
     for purposes of employment or other background checks in 
     cases determined to be unsubstantiated or false, except that 
     nothing in this section shall prevent State child protective 
     services agencies from keeping information on unsubstantiated 
     reports in their casework files to assist in future risk and 
     safety assessment;
       ``(viii) established and maintained citizen review panels 
     in accordance with subsection (c);
       ``(ix) provisions, procedures, and mechanisms--

       ``(I) for the expedited termination of parental rights in 
     the case of any infant determined to be abandoned under State 
     law; and
       ``(II) by which individuals who disagree with an official 
     finding of child abuse or neglect can appeal such finding;

       ``(x) provisions, procedures, and mechanisms that assure 
     that the State does not require reunification of a surviving 
     child with a parent who has been found by a court of 
     competent jurisdiction--

       ``(I) to have committed murder (which would have been an 
     offense under section 1111(a) of title 18, United States 
     Code, if the offense had occurred in the special maritime or 
     territorial jurisdiction of the United States) of another 
     child of such parent;
       ``(II) to have committed voluntary manslaughter (which 
     would have been an offense under section 1112(a) of title 18, 
     United States Code, if the offense had occurred in the 
     special maritime or territorial jurisdiction of the United 
     States) of another child of such parent;
       ``(III) to have aided or abetted, attempted, conspired, or 
     solicited to commit such murder or voluntary manslaughter;
       ``(IV) to have committed a felony assault that results in 
     the serious bodily injury to the surviving child or another 
     child of such parent;
       ``(V) to have committed sexual abuse against the surviving 
     child or another child of such parent; or
       ``(VI) to be required to register with a sex offender 
     registry under section 113(a) of the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20913(a));

       ``(xi) an assurance that, upon the implementation by the 
     State of the provisions, procedures, and mechanisms under 
     clause (x), conviction of any one of the felonies listed in 
     clause (x) constitute grounds under State law for the 
     termination of parental rights of the convicted parent as to 
     the surviving children (except that case-by-case 
     determinations of whether or not to seek termination of 
     parental rights shall be within the sole discretion of the 
     State);
       ``(xii) provisions and procedures to require that a 
     representative of the child protective services agency shall, 
     at the initial time of contact with the individual subject to 
     a child abuse or neglect investigation, advise the individual 
     of the complaints or allegations

[[Page S5623]]

     made against the individual, in a manner that is consistent 
     with laws protecting the rights of the informant;
       ``(xiii) provisions to ensure the child protective services 
     workforce receive professional development regarding the 
     legal duties of such personnel, which may consist of various 
     methods of informing such personnel of such duties, including 
     in different languages if necessary, in order to protect the 
     legal rights and safety of children and families from the 
     initial time of contact during investigation through 
     treatment;
       ``(xiv) provisions and procedures for requiring criminal 
     background record checks that meet the requirements of 
     section 471(a)(20) of the Social Security Act (42 U.S.C. 
     671(a)(20)) for prospective foster and adoptive parents and 
     other adult relatives and non-relatives residing in the 
     household;
       ``(xv) provisions for systems of technology that support 
     the State child protective service system described in 
     subsection (a) and track reports of child abuse and neglect 
     from intake through final disposition;
       ``(xvi) provisions and procedures requiring identification 
     and assessment of all reports involving children known or 
     suspected to be sex trafficking (as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)) victims; and
       ``(xvii) provisions to ensure the child protective services 
     workforce receives professional development regarding 
     identifying, assessing, and providing comprehensive services 
     for children who are sex trafficking (as defined in section 
     103 of the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7102)) victims, including efforts to coordinate with 
     State law enforcement, juvenile justice, and social service 
     agencies such as runaway and homeless youth shelters to serve 
     this population;
       ``(xviii) procedures for responding to the reporting of 
     medical neglect (including instances of withholding of 
     medically indicated treatment from infants with disabilities 
     who have life-threatening conditions), procedures or 
     programs, or both (within the State child protective services 
     system), to provide for--

       ``(I) coordination and consultation with individuals 
     designated by and within appropriate health-care facilities;
       ``(II) prompt notification by individuals designated by and 
     within appropriate health care facilities of cases of 
     suspected medical neglect (including instances of withholding 
     of medically indicated treatment from infants with 
     disabilities who have life-threatening conditions); and
       ``(III) authority, under State law, for the State child 
     protective services system to pursue any legal remedies, 
     including the authority to initiate legal proceedings in a 
     court of competent jurisdiction, as may be necessary to 
     prevent the withholding of medically indicated treatment from 
     infants with disabilities who have life-threatening 
     conditions;

       ``(xix) procedures to provide information to mandated 
     reporters who are educators on the requirements of subtitle B 
     of title VII of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11431 et seq.) to support homeless children and 
     youth in enrolling, attending, and succeeding in school, in 
     accordance with the State plan submitted under such subtitle 
     B;
       ``(xx) engaged with individuals with personal experience in 
     the child welfare system, and the lead entity and community-
     based providers supported under title II in developing the 
     State plan described in paragraph (1);
       ``(xxi) procedures and policies for developing, 
     implementing, and monitoring family care plans required under 
     section 402(c) to ensure the safety and well-being of infants 
     affected by parental substance use disorder and the well-
     being of such infants' parents; and
       ``(xxii) provisions and procedures for referral of a child 
     under the age of 3 who is involved in a substantiated case of 
     child abuse or neglect to early intervention services funded 
     under part C of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1431 et seq.).
       ``(3) Legal representation for children and families.--
       ``(A) Purposes.--The purposes of this paragraph are to--
       ``(i) ensure that children and families in cases involving 
     allegations of child abuse or neglect that result in a 
     judicial proceeding have their rights protected in court; and
       ``(ii) support States in adopting and implementing policies 
     to provide access to attorneys for both children and parents 
     involved in cases described in clause (i), in addition to the 
     provision to children of a guardian ad litem to make 
     recommendations to the court concerning the best interests of 
     such children.
       ``(B) State plan requirements.--For the purposes of 
     submitting the State plan to improve legal representation 
     required under paragraph (2)(A)(xii), the State shall include 
     --
       ``(i) in the first submission of the State plan required 
     under paragraph (1)(A) that occurs after the date of 
     enactment of the CAPTA Reauthorization Act of 2022--

       ``(I) a description of the extent to which the State has 
     enacted policies and procedures to, in cases involving 
     allegations of child abuse or neglect that result in a 
     judicial proceeding, provide both children and parents with 
     access to an attorney to represent each party in the case to 
     provide independent legal representation for such children 
     and parents, including the specific circumstances under such 
     policy or procedure when the State would appoint children or 
     parents an attorney and the specific circumstances when such 
     State would not appoint an attorney;
       ``(II) an assurance that the State will carry out the 
     requirements of subparagraph (C); and
       ``(III) a description of the State's policies and 
     procedures to ensure that all children in cases involving 
     allegations of child abuse or neglect that result in a 
     judicial proceeding are appointed a guardian ad litem, who--

       ``(aa) may be a court appointed special advocate or an 
     attorney; and
       ``(bb) has received specific education regarding such 
     cases, which shall include education in early childhood, 
     child and adolescent development, and domestic violence, to 
     better enable the guardian ad litem to --
       ``(AA) obtain, first-hand, a clear understanding of the 
     situation and needs of the child; and
       ``(BB) make recommendations to the court concerning the 
     best interests of the child; and
       ``(ii) in the subsequent submissions of the State plan, as 
     described in paragraph (1)(B)(i),--

       ``(I) a description of the State's timeline, as determined 
     by the State, to ensure, in cases involving allegations of 
     child abuse or neglect that result in a judicial proceeding, 
     that--

       ``(aa) all children in such cases are provided access to an 
     attorney to provide independent legal representation for the 
     child for the entire duration of the court's jurisdiction of 
     such cases, in accordance with such State or court's policies 
     or procedures; and
       ``(bb) parents in such cases are provided access to an 
     attorney to provide independent legal representation for the 
     parent while the case is in the court's jurisdiction; and

       ``(II) the description of the State's policies and 
     procedures described in clause (i)(III).

       ``(C) Task force.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the CAPTA Reauthorization Act of 2022, the 
     governor of each State shall appoint a statewide task force, 
     which shall include individuals with personal experience in 
     the child welfare system, child protective services 
     representatives, judges, family law attorneys, criminal law 
     attorneys, and State and local elected officials, to improve 
     the quality and provision of legal representation provided to 
     children and parents in cases involving allegations of child 
     abuse or neglect that result in a judicial proceeding.
       ``(ii) Task force consideration.--Consistent with 
     subparagraph (A), each task force required under clause (i) 
     shall--

       ``(I) review information required in the State's plan to 
     improve legal representation described in subparagraph 
     (B)(i)(I) and the model for legal representation required 
     under the State's relevant policies and procedures;
       ``(II) examine State and local data for cases involving 
     allegations of child abuse or neglect that result in a 
     judicial proceeding, including the availability of such data 
     and the feasibility of making such data publicly available, 
     on, with respect to such cases, the number and percentage 
     of--

       ``(aa) children who have been appointed an attorney to 
     provide independent legal representation;
       ``(bb) parents who have been appointed an attorney to 
     provide independent legal representation; and
       ``(cc) children who have a court-appointed special advocate 
     or guardian ad litem to make recommendations to the court 
     concerning the best interests of the child;

       ``(III) review barriers or identify limitations for the 
     provision of independent legal representation for all 
     children and parents, in accordance with the requirements of 
     subparagraph (B) including a review of--

       ``(aa) current and projected financial and staffing needs 
     for the provision of such representation; and
       ``(bb) local, State, and Federal resources currently used 
     or available to meet such financial and staffing needs.
       ``(iii) Task force report.--Not later than 2 years after a 
     State task force has been convened, such task force shall 
     submit a report to the governor (which report shall be made 
     publicly available) containing--

       ``(I) detailed findings from the examination conducted 
     under clause (ii);
       ``(II) recommendations for changes to State policies and 
     procedures to improve the provision of legal representation 
     for children and parents in all cases of allegations of child 
     abuse or neglect that result in a judicial proceeding;
       ``(III) a recommended timeline for the State, including the 
     establishment of interim goals, to provide--

       ``(aa) each child in cases involving allegations of child 
     abuse or neglect that result in a judicial proceeding an 
     attorney to provide independent legal representation for each 
     child for the entire duration of the court's jurisdiction of 
     such cases, in accordance with such State or court's policies 
     or procedures; and
       ``(bb) parents in cases involving allegations of child 
     abuse or neglect that results in a judicial proceeding an 
     attorney to provide independent legal representation for the 
     parent for such case;

       ``(IV) recommendations for increasing the provision of 
     court appointed special advocates or guardians ad litem for 
     children; and

[[Page S5624]]

       ``(V) recommendations for improving the collection, 
     tracking, and public reporting of data pursuant to 
     subparagraph (B)(ii).

       ``(4) Rules of construction.--
       ``(A) Certain identifying information.--Nothing in clause 
     (ii) or (iv) of paragraph (2)(B) shall be construed as 
     restricting the authority of a State to refuse to disclose 
     identifying information concerning the individual initiating 
     a report or complaint alleging suspected instances of child 
     abuse or neglect, except that the State may not refuse such a 
     disclosure where a court orders such disclosure after such 
     court has reviewed, in camera, the record of the State 
     related to the report or complaint and has found it has 
     reason to believe that the reporter knowingly made a false 
     report.
       ``(B) Clarification.--Nothing in subparagraph (A) shall be 
     construed to limit a State's flexibility to determine State 
     policies relating to public access to court proceedings to 
     determine child abuse and neglect, except that such policies 
     shall, at a minimum, ensure the safety and well-being of the 
     child, parents, and families.
       ``(C) Mandated reporters in certain states.--With respect 
     to a State in which State law requires all of the individuals 
     to report known or suspected instances of child abuse and 
     neglect directly to the appropriate agency as applicable 
     under State law, the requirement under paragraph (2)(B)(i) 
     shall not be construed to require the State to define the 
     classes of individuals described in subclauses (I) through 
     (VI) of such paragraph.
       ``(D) Alignment with extended foster care.--For purposes of 
     paragraph (2)(A)(xii), the term `child' shall have any age 
     limit elected by the State pursuant to section 475(8)(B)(iii) 
     of the Social Security Act (42 U.S.C. 675(8)(B)(iii)).
       ``(c) Citizen Review Panels.--
       ``(1) Establishment.--
       ``(A) In general.--Each State to which a grant is made 
     under this section shall establish (including by designating 
     under subparagraph (B)) not fewer than 2 citizen review 
     panels.
       ``(B) Designation.--A State may designate a citizen review 
     panel for purposes of this subsection, comprised of one or 
     more existing (as of the date of the designation) entities 
     established under State or Federal law, such as child 
     fatality review programs, foster care review panels, or State 
     task forces established under section 107, if such entities 
     have the capacity to satisfy the requirements of paragraph 
     (3) and the State ensures that such entities will satisfy 
     such requirements.
       ``(2) Membership.--Except as provided in paragraph (1)(B), 
     each panel established pursuant to paragraph (1) shall be 
     composed of volunteer members who are broadly representative 
     of the community in which such panel is established, 
     including individuals with personal experience in the child 
     welfare system and members who have expertise in the 
     prevention and treatment of child abuse and neglect.
       ``(3) Functions.--
       ``(A) In general.--Each panel established pursuant to 
     paragraph (1) shall evaluate, by examining the policies, 
     procedures, and practices of State and local agencies and 
     where appropriate, specific cases, the extent to which State 
     and local child protective services system agencies are 
     effectively discharging their child protection 
     responsibilities in accordance with--
       ``(i) the State plan under subsection (b);
       ``(ii) any other criteria that the panel considers 
     important to ensure the protection of children, including--

       ``(I) a review of the extent to which the State and local 
     child protective services system is coordinated with the 
     foster care, prevention, and permanency program established 
     under part E of title IV of the Social Security Act (42 
     U.S.C. 670 et seq.); and
       ``(II) a review of child fatalities and near fatalities due 
     to child abuse and neglect and State and local efforts to 
     change policies, procedures, and practices to prevent future 
     fatalities and near fatalities.

       ``(B) Alternative pathways.--In carrying out the 
     requirements of subparagraph (A), each panel shall examine 
     the policies, procedures, and practices of State and local 
     child protective services system agencies that result in 
     substantial numbers of families being unnecessarily 
     investigated for child abuse and neglect (including by 
     examining racial bias) and shall develop recommendations to 
     the State, in accordance with paragraph (5), regarding how 
     State and local child protective services agencies can become 
     a more effective system of appropriate and immediate response 
     for children who are at most serious risk of child abuse and 
     neglect and eliminate child abuse fatalities and near 
     fatalities.
       ``(C) Confidentiality.--
       ``(i) In general.--The members and staff of a panel 
     established under paragraph (1)--

       ``(I) shall not disclose to any person or government 
     official any identifying information about any specific child 
     protection case with respect to which the panel is provided 
     information; and
       ``(II) shall not make public other information unless 
     authorized by State statute.

       ``(ii) Civil sanctions.--Each State that establishes a 
     panel pursuant to paragraph (1) shall establish civil 
     sanctions for a violation of clause (i).
       ``(D) Public outreach.--Each panel shall provide for public 
     outreach and comment in order to assess the impact of current 
     procedures and practices upon children and families in the 
     community and in order to meet its obligations under 
     subparagraph (A).
       ``(4) State assistance.--Each State that establishes a 
     panel pursuant to paragraph (1)--
       ``(A) shall develop a memorandum of understanding with each 
     panel, clearly outlining the panel's roles and 
     responsibilities, and identifying any support from the State;
       ``(B) shall provide the panel access to information on 
     cases that the panel desires to review if such information is 
     necessary for the panel to carry out its functions under 
     paragraph (3); and
       ``(C) shall provide the panel, upon its request, staff 
     assistance for the performance of the duties of the panel.
       ``(5) Reports.--Each citizen review panel established under 
     paragraph (1) shall annually prepare and make available to 
     the State and the public, which activities may be carried out 
     collectively by a combination of such panels, a report 
     containing a summary of the activities of the panel and 
     recommendations to improve the child protective services 
     system at the State and local levels. Not later than 3 months 
     after the date on which a report is submitted by the panel to 
     the State, the appropriate State agency shall submit a 
     written response to State and local child protective services 
     systems and the panel that describes how the State will 
     incorporate the recommendations of such panel (where 
     appropriate) to make measurable progress in improving the 
     State and local child protective services systems, which 
     response may include providing examples of efforts to 
     implement the panel's recommendations.
       ``(d) Annual State Data Reports.--
       ``(1) In general.--Subject to paragraph (2), each State to 
     which a grant is made under this section shall annually 
     submit a report to the Secretary containing, at a minimum, 
     the data elements described in paragraph (3).
       ``(2) Waivers and technical assistance.--
       ``(A) In general.--In working with States to implement the 
     requirement in paragraph (1), the Secretary shall have the 
     authority to waive such requirements for any data element 
     required in paragraph (3) if the Secretary determines that 
     reporting such information is not feasible or is insufficient 
     to yield statistically reliable information.
       ``(B) Guidance.--The Secretary shall issue guidance to 
     States and provide technical assistance to support States in 
     submitting accurate and comparable data under this subsection 
     and maximizing such States' reporting of data elements 
     required under paragraph (3).
       ``(3) Required data elements.--The following data elements 
     shall annually be reported by States to the Secretary, in 
     accordance with paragraph (1) at the aggregate and case-
     specific level:
       ``(A) The number of children who were reported to the State 
     during the year as victims of child abuse or neglect, 
     disaggregated, where available, by demographic 
     characteristics including age, sex, race and ethnicity, 
     disability, caregiver risk factors, caregiver relationship, 
     living arrangement, and relation of victim to their 
     perpetrator.
       ``(B) Of the number of children described in subparagraph 
     (A)--
       ``(i) the number with respect to whom such reports were 
     substantiated;
       ``(ii) the number with respect to whom such reports were 
     unsubstantiated; and
       ``(iii) the number with respect to whom such reports were 
     determined to be false.
       ``(C) Of the number of children described in subparagraph 
     (A)--
       ``(i) the number that did not receive services during the 
     year under the State program funded under this section or an 
     equivalent State program;
       ``(ii) the number that received services during the year 
     under the State program funded under this section or an 
     equivalent State program;
       ``(iii) the number that were removed from their families 
     during the year by disposition of the case; and
       ``(iv) the number that were separated from a legal parent 
     or guardian without a judicial order, disaggregated by 
     whether such separation was made in response to the imminent 
     risk of serious harm at the time of removal.
       ``(D) The number of families that were served through 
     differential response, from the State, during the year.
       ``(E) The number of child fatalities and near fatalities in 
     the State during the year resulting from child abuse or 
     neglect, which shall include--
       ``(i) the number of child fatalities and near fatalities 
     due to child abuse and neglect (disaggregated by such type of 
     incident) that--

       ``(I) is compiled by the State child protective services 
     agency for submission under this subsection; and
       ``(II) are derived from data sources which--

       ``(aa) includes data from State vital statistics 
     departments, child fatality review teams, law enforcement 
     agencies, and offices of medical examiners or coroners, in 
     accordance with the requirements of section 422(b)(19) of the 
     Social Security Act (42 U.S.C. 622(b)(19)); and
       ``(bb) may include information from hospitals, health 
     departments, juvenile justice departments, and prosecutor and 
     attorney general offices; and
       ``(ii) case-specific information (and the sources used to 
     provide such information) about the circumstances under which 
     a child fatality or near fatality occurred due to abuse and 
     neglect, including--

[[Page S5625]]

       ``(I) the cause of the death listed on the death 
     certificate in the case of a child fatality, and the type of 
     life-threatening injury in the case of a near fatality;
       ``(II) whether the child and such child's siblings were 
     reported to the State child protective services system;
       ``(III) the responses taken by the child protective 
     services agency (which may include services or 
     investigations, as applicable), including any determinations 
     by such agency;
       ``(IV) the child's living arrangement or placement at the 
     time of the incident;
       ``(V) the perpetrator's relationship to the child;
       ``(VI) any known previous child abuse or neglect of the 
     child by other perpetrators and of any child abuse or neglect 
     of other children by the perpetrator;
       ``(VII) the demographics and relevant characteristics of 
     the child, perpetrator, and family, including whether 
     substance use disorder or domestic violence were present and 
     whether services were provided to address those needs;
       ``(VIII) the child's encounters with the health care system 
     prior to the incident; and
       ``(IX) other relevant data as determined by the Secretary 
     designed to inform prevention efforts.

       ``(F) Of the number of children described in subparagraph 
     (E), the number of such children who were in foster care at 
     the time of the incident reported under such subparagraph.
       ``(G)(i) The number of child protective service personnel 
     responsible for each of the following:
       ``(I) Intake of reports filed in the previous year.
       ``(II) Screening of such reports.
       ``(III) Assessment of such reports.
       ``(IV) Investigation of such reports.
       ``(ii) The average caseload for the personnel described in 
     clause (i).
       ``(H) The agency response time with respect to each such 
     report with respect to initial investigation of reports of 
     child abuse or neglect.
       ``(I) The response time with respect to the provision of 
     services to families and children where an allegation of 
     child abuse or neglect has been made.
       ``(J) For child protective service personnel responsible 
     for intake, screening, assessment, and investigation of child 
     abuse and neglect reports in the State--
       ``(i) information on the education, qualifications, and 
     continuing education requirements established by the State 
     for child protective service professionals, including for 
     entry and advancement in the profession, including 
     advancement to supervisory positions;
       ``(ii) data on the education, qualifications, and 
     continuing education of such personnel;
       ``(iii) demographic information of the child protective 
     service personnel; and
       ``(iv) information on caseload or workload requirements for 
     such personnel, including requirements for average number and 
     maximum number of cases per child protective service worker 
     and supervisor.
       ``(K) With respect to children reunited with their families 
     or receiving family preservation services, within the 5-year 
     period preceding submission of the report--
       ``(i) the number of reports to the State child protective 
     services agency for suspected child abuse and neglect;
       ``(ii) the number of substantiated reports of child abuse 
     or neglect; and
       ``(iii) the number of fatalities or near fatalities of such 
     children due to child abuse or neglect.
       ``(L) The number of children for whom individuals were 
     appointed by the court to represent the best interests of 
     such children and the average number of out of court contacts 
     between such individuals and children.
       ``(M) The annual report containing the summary of the 
     activities and recommendations of the citizen review panels 
     of the State required by subsection (c)(5).
       ``(N) The number of children under the care of the State 
     child protection system who are transferred into the custody 
     of the State juvenile justice system.
       ``(O) The number of children that had a family care plan in 
     accordance with section 402(c), and who were referred to the 
     child protective services system.
       ``(P) The number of children determined to be victims of 
     sex trafficking.
       ``(4) NCANDS files.--Not later than 6 months after 
     receiving a State report under this subsection, the Secretary 
     shall publish the data reported by the State under paragraph 
     (3) in the following formats:
       ``(A) The agency file that contains aggregate data.
       ``(B) The child file that contains case-specific 
     information.
       ``(e) Annual State Reports.--A State that receives funds 
     under subsection (a) shall annually prepare and submit to the 
     Secretary a report describing the manner in which funding 
     provided under this section, alone or in combination with 
     other Federal funds, was used to address the purposes and 
     achieve the objectives of this section, including--
       ``(1) the amount of such funding used by the State to 
     provide services to individuals, families, or communities to 
     strengthen families and prevent child abuse and neglect, 
     directly or through referrals, and a description of how the 
     State implemented systems-building approaches to 
     strategically coordinate such services with State and local 
     agencies and relevant public entities to develop and maintain 
     a continuum of prevention programs and services aimed at 
     preventing the occurrence of child abuse and neglect;
       ``(2) a description of how the State uses differential 
     response, as applicable, and alternative pathways for 
     families seeking support;
       ``(3) a description of the State's efforts to reduce racial 
     bias and disparities in its child protective services system, 
     including changes in the rates of overrepresentation of 
     children or youth in the child protective services system by 
     race or ethnicity;
       ``(4) a description of the State's efforts to safely reduce 
     unnecessary investigations of families, through the child 
     protective system, solely based on circumstances related to--
       ``(A) poverty; and
       ``(B) housing status;
       ``(5) the number of children under the age of 3 who are 
     involved in a substantiated case of child abuse or neglect 
     and who the State child protective services agency referred 
     for early intervention services funded under part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1431 
     et seq.), disaggregated, where available, by demographic 
     characteristics including race and ethnicity, and, for 
     children not referred for such services, a description of why 
     such children were not referred; and
       ``(6) a description of how the State used such funding to 
     implement effective strategies to enhance collaboration among 
     child protective services and social services, legal 
     services, health care services (including mental health and 
     substance use disorder services), domestic violence services, 
     and educational agencies, and community-based organizations, 
     that contribute to improvements to the overall well-being of 
     children and families.
       ``(f) Annual Report by the Secretary.--Annually, and not 
     later than 6 months after receiving the State reports under 
     subsections (d) and (e), the Secretary shall--
       ``(1) prepare a report based on information provided by the 
     States for the fiscal year under such subsections and the 
     results of the State monitoring requirements in section 111; 
     and
       ``(2) make the report and such information available to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on Education and Labor of the House of 
     Representatives, and the national clearinghouse described in 
     section 103.
       ``(g) Allotments.--
       ``(1) Definitions.--In this subsection:
       ``(A) State.--The term `State' means each of the several 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       ``(B) Territory.--The term `territory' means Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands.
       ``(2) In general.--The Secretary shall make an allotment to 
     each State and territory that applies for a grant under this 
     section, in an amount equal to the sum of--
       ``(A) $50,000; and
       ``(B) an amount that bears the same relationship to any 
     grant funds remaining after all such States and territories 
     have received $50,000, as the number of children under the 
     age of 18 in the State or territory bears to the number of 
     such children in all States and territories that apply for 
     such a grant.
       ``(3) Minimum allotments to states.--The Secretary shall 
     adjust the allotments under paragraph (2), as necessary, such 
     that no State that applies for a grant under this section 
     receives an allotment in an amount that is less than 
     $150,000.''.

     SEC. 5107. GRANTS FOR INVESTIGATION AND PROSECUTION OF CHILD 
                   ABUSE AND NEGLECT.

       (a) Grants to States.--Section 107(a) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106c(a)) is amended 
     by striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) the assessment, investigation, and prosecution of 
     suspected child abuse and neglect cases, including cases of 
     suspected child sexual abuse, exploitation, and child sex 
     trafficking, in a manner that limits additional trauma to the 
     child and the child's family;
       ``(2) the assessment, investigation, and prosecution of 
     cases of suspected child abuse-related fatalities and 
     suspected child neglect-related fatalities, including through 
     a child abuse investigative multidisciplinary review team, 
     such as a team from the State child fatality review program; 
     and
       ``(3) the assessment, investigation, and prosecution of 
     cases involving children with disabilities or serious health-
     related problems, or other vulnerable populations, who are 
     suspected victims of child abuse or neglect.''.
       (b) State Task Forces.--Section 107(c)(1) (42 U.S.C. 
     5106c(c)(1)) is amended--
       (1) in subparagraph (I), by striking ``and'' at the end;
       (2) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(K) individuals experienced in working with children or 
     youth overrepresented in the child welfare system.''.
       (c) State Task Force Study.--Section 107(d)(1) of such Act 
     (42 U.S.C. 5106c(d)(1)) is amended by striking ``and 
     exploitation,'' and inserting ``, child exploitation, and 
     child sex trafficking,''.
       (d) Adoption of State Task Force Recommendations.--Section 
     107(e)(1) of such Act (42 U.S.C. 5106c(e)(1)) is amended--
       (1) in subparagraph (A), by striking ``and exploitation,'' 
     and inserting ``, child exploitation, and child sex 
     trafficking,'';

[[Page S5626]]

       (2) in subparagraph (B), by striking ``and'' at the end;
       (3) in subparagraph (C)--
       (A) by striking ``and exploitation,'' and inserting ``, 
     child exploitation, and child sex trafficking,''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(D) improving coordination among agencies regarding 
     reports of child abuse and neglect to ensure both law 
     enforcement and child protective services agencies have ready 
     access to full information regarding past reports, which may 
     be done in coordination with other States, Indian Tribes, or 
     agencies for other geographic regions.''.

     SEC. 5108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

       Section 109 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106d), as so redesignated by section 5105 of this 
     Act, is amended by striking subsection (e).

     SEC. 5109. REPORTS.

       Section 111 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106f), as so redesignated by section 5105 of this 
     Act, is amended--
       (1) in subsection (a), by striking ``CAPTA Reauthorization 
     Act of 2010'' and inserting ``CAPTA Reauthorization Act of 
     2022'';
       (2) in subsection (b)--
       (A) by striking ``(b)'' and all that follows through 
     ``Not'' and inserting the following:
       ``(b) Activities and Technical Assistance.--Not''; and
       (B) by striking ``Senate a report'' and all that follows 
     through the period at the end and inserting ``Senate a report 
     on technical assistance activities for programs that support 
     State efforts to meet the needs and objectives of section 
     106.''; and
       (3) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Report on State Mandatory Reporting Laws.--Not later 
     than 4 years after the date of enactment of the CAPTA 
     Reauthorization Act of 2022, the Secretary shall submit 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 that contains information 
     on--
       ``(1) the type, duration, and evidence basis of public 
     awareness efforts, professional development, or other 
     educational resources for mandated reporters of child abuse 
     or neglect supported by this Act, and through other relevant 
     Federal programs;
       ``(2) State efforts to improve reporting on, and responses 
     to reports of, child abuse or neglect; and
       ``(3) barriers, if any, affecting mandatory reporting of 
     child abuse or neglect.
       ``(d) GAO Report Relating to Child Abuse and Neglect in 
     Indian Tribal Communities.--Not later than 3 years after the 
     date of enactment of the CAPTA Reauthorization Act of 2022, 
     the Comptroller General of the United States, taking into 
     consideration the perspectives of selected Indian Tribes from 
     each of the 12 Bureau of Indian Affairs Regions, shall submit 
     a report to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives that contains--
       ``(1) information about the child abuse and neglect 
     prevention activities such Indian Tribes and related Tribal 
     organizations are providing, including types of programming 
     and funding sources;
       ``(2) a description of promising practices used by such 
     Tribes and related Tribal organizations for child abuse and 
     neglect prevention;
       ``(3) information on ways to support prevention efforts 
     regarding child abuse and neglect of children who are 
     Indians, including Alaska Natives, which may include the use 
     of the children's trust fund model;
       ``(4) an assessment of Federal agency collaboration and 
     technical assistance efforts to address child abuse and 
     neglect prevention and treatment of children who are Indians, 
     including Alaska Natives; and
       ``(5) an examination of access to child abuse and neglect 
     prevention research and demonstration grants by Indian tribes 
     and related Tribal organizations under this Act.
       ``(e) GAO Report Relating to Data on Child Abuse and 
     Neglect in Indian Tribal Communities.--Not later than 2 years 
     after the date of enactment of the CAPTA Reauthorization Act 
     of 2022, the Comptroller General of the United States, shall 
     submit a report to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives that contains an 
     examination of Federal child abuse and neglect data systems 
     to identify what Tribal data is being submitted to the 
     Department of Health and Human Services, or other relevant 
     agencies, as applicable, any barriers to the submission of 
     such data, and recommendations on improving the submission of 
     such data.
       ``(f) GAO Report on Protecting Against Systemic Child 
     Sexual Abuse.--Not later than 2 years after the date of the 
     enactment of the CAPTA Reauthorization Act of 2022, the 
     Comptroller General of the United States shall submit a 
     report to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives that focuses on--
       ``(1) promising practices used by selected State and local 
     agencies to identify and prevent recurring or persistent 
     child sexual abuse in community-based or other organizations, 
     including how selected State and local agencies have 
     addressed--
       ``(A) a pattern of informal or formal policy or de facto 
     policy within organizations to not follow State and local 
     requirements to report instances of child sexual abuse in 
     violation of State and local mandatory reporting laws or 
     policy; or
       ``(B) a pattern of assisting individual perpetrators in 
     maintaining their careers despite substantiated evidence of 
     child sexual abuse;
       ``(2) the assistance provided by the Department of Health 
     and Human Services to support State and local efforts to 
     identify and prevent recurring or persistent child sexual 
     abuse in community-based or other organizations.
       ``(g) GAO Report Relating to Court Appointments.--Not later 
     than 4 years after the date of enactment of the CAPTA 
     Reauthorization Act of 2022, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives on selected State practices related to the 
     appointment of independent legal representation for children 
     and families in cases involving allegations of child abuse or 
     neglect that result in a judicial proceeding, and the 
     appointment of guardians ad litem for children in such 
     proceedings. Such a report shall include--
       ``(1) a review of policies in selected States regarding the 
     appointment of independent legal representation and guardians 
     ad litem as described in section 106(b)(3);
       ``(2) a review of successes and challenges in selected 
     States regarding the appointment of independent legal 
     representation and guardians ad litem in cases involving 
     cases allegations of child abuse or neglect that result in a 
     judicial proceeding; and
       ``(3) recommendations, as appropriate, for improving access 
     to independent legal representation and guardians ad litem in 
     cases involving cases allegations of child abuse or neglect 
     that result in a judicial proceeding.''.

     SEC. 5110. MONITORING AND OVERSIGHT.

       Title I of the Child Abuse Prevention and Treatment Act is 
     amended by striking section 112 (42 U.S.C. 5106g), as so 
     redesignated by section 5105 of this Act, and inserting the 
     following:

     ``SEC. 112. MONITORING AND OVERSIGHT.

       ``(a) Monitoring.--The Secretary shall conduct monitoring 
     to ensure that each State that receives a grant under section 
     106 is in compliance with the requirements of section 106(b), 
     which shall--
       ``(1) be in addition to the review of the State plan upon 
     its submission under section 106(b)(1)(A); and
       ``(2) include monitoring of State policies and procedures 
     required under sections 106(b)(2)(B)(xxi) and section 402.
       ``(b) Biennial Reporting.--The Secretary shall submit a 
     biennial report to the Committee on Health, Education, Labor, 
     and Pensions and the Committee on Appropriations of the 
     Senate and the Committee on Education and Labor and the 
     Committee on Appropriations of the House of Representatives 
     that includes a summary of the monitoring conducted under 
     this section.''.

     SEC. 5111. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (a) of section 114 of the Child Abuse Prevention 
     and Treatment Act (42 U.S.C. 5106h), as so redesignated by 
     section 5105 of this Act, is amended--
       (1) in paragraph (1)--
       (A) by striking ``$120,000,000 for fiscal year 2010'' and 
     inserting ``(except for section 108) $270,000,000 for fiscal 
     year 2023''; and
       (B) by striking ``2011 through 2015'' and inserting ``2024 
     through 2028''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Discretionary activities.--Of the amounts 
     appropriated for a fiscal year under paragraph (1), the 
     Secretary shall make available 30 percent of such amounts to 
     fund discretionary activities under this title.
       ``(3) Hotline authorization.--There are authorized to be 
     appropriated to carry out section 108 $2,000,000 for each of 
     fiscal years 2023 through 2028.''.

     SEC. 5112. CONFORMING AMENDMENTS.

       Section 633 of the Mentoring Matches for Youth Act of 2006 
     (34 U.S.C. 20990) is amended--
       (1) in subsection (c)(2)(B), by striking ``clauses (viii) 
     and (ix) of section 106(b)(2)(A) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106(b)(2)(A) (viii) 
     and (ix))'' and inserting ``clauses (v) and (vi) of section 
     106(b)(2)(B) of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106a(b)(2)(B))''; and
       (2) in subsection (f), by striking ``clauses (viii) and 
     (ix) of section 106(b)(2)(A) of the Child Abuse Prevention 
     and Treatment Act (42 U.S.C. 5106(b)(2)(A) (viii) and (ix))'' 
     and inserting ``clauses (v) and (vi) of section 106(b)(2)(B) 
     of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106a(b)(2)(B))''.

TITLE LII--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND 
                                NEGLECT

     SEC. 5201. AMENDMENTS TO TITLE II OF THE CHILD ABUSE 
                   PREVENTION AND TREATMENT ACT.

       (a) In General.--Sections 201 through 208 of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.) 
     is amended to read as follows:

     ``SEC. 201. PURPOSES.

       ``The purposes of this title are--

[[Page S5627]]

       ``(1) to support community-based family strengthening 
     services and statewide systems-building approaches to ensure 
     the development, operation, expansion, evaluation, and 
     coordination of initiatives, programs, and activities to 
     prevent child abuse and neglect; and
       ``(2) to increase access to a continuum of prevention 
     programs and services for diverse populations, including 
     families with low incomes, families who are racial or ethnic 
     minorities, families that include children with disabilities 
     or caregivers with disabilities, children and youth 
     overrepresented in the child welfare system, families 
     experiencing homelessness or at risk of homelessness, 
     families experiencing substance use disorders, families with 
     parents who have experienced violence or trauma, families 
     with individuals with personal experience in the child 
     welfare system, and families in rural communities, that help 
     strengthen families and prevent child abuse and neglect.

     ``SEC. 202. AUTHORIZATION OF GRANTS.

       ``(a) Authority.--The Secretary shall make grants under 
     this title on a formula basis, from allotments made in 
     accordance with subsection (c), to the entities designated by 
     the States as the lead entities under section 203(b) for the 
     purposes of--
       ``(1) supporting community-based family strengthening 
     services, to assist families to build protective factors 
     linked to the prevention of child abuse and neglect, that--
       ``(A) are accessible to diverse populations, effective, 
     trauma-informed, and culturally responsive;
       ``(B) build upon the strengths of families;
       ``(C) provide families with early, comprehensive support;
       ``(D) promote the development of healthy familial 
     relationships and parenting skills, especially for young 
     parents and parents of young children;
       ``(E) increase family stability;
       ``(F) improve family access to other formal and informal 
     community-based resources, such as referral to early 
     childhood health and developmental services, health care 
     (including mental health and substance use disorder 
     services), and supports to meet the needs of families that 
     include children with disabilities or caregivers with 
     disabilities; and
       ``(G) meaningfully involve parents in the planning, 
     implementation, and evaluation of such services, including 
     the parents of families with low incomes, parents who are 
     racial or ethnic minorities, parents of children with 
     disabilities, parents with disabilities, parents of children 
     and youth overrepresented in the child welfare system, 
     parents experiencing homelessness or at risk of homelessness, 
     parents of families experiencing substance use disorders, 
     parents who have experienced violence or trauma, parents who 
     are individuals with personal experience in the child welfare 
     system, and parents in rural communities;
       ``(2) promoting the development of a continuum of 
     prevention programs and services for families, through State- 
     and community-based collaborations, public-private 
     partnerships, and the leveraging of Federal, State, local, 
     and private funds;
       ``(3) financing the establishment, maintenance, expansion, 
     or redesign of core services described in section 
     205(d)(3)(A), to address unmet needs described in the 
     inventory in section 204(b)(1)(C)(i);
       ``(4) financing public information and education activities 
     that focus on the healthy and positive development of parents 
     and children and the promotion of child abuse and neglect 
     prevention activities, including--
       ``(A) comprehensive outreach strategies to engage diverse 
     populations; and
       ``(B) efforts to increase awareness, of adults who work 
     with children in a professional or volunteer capacity, 
     regarding the availability of community-based family 
     strengthening services; and
       ``(5) providing professional development and technical 
     assistance (including activities to support the 
     implementation of services) to improve the effectiveness of 
     community-based family strengthening services including on 
     the use of evidence-based or evidence-informed practices, 
     public health approaches to preventing child abuse and 
     neglect, and culturally responsive practices.
       ``(b) Reservation.--
       ``(1) In general.--The Secretary shall reserve 1 percent of 
     the amount appropriated under section 209 for a fiscal year 
     to make awards to Indian Tribes and Tribal organizations and 
     for migrant programs.
       ``(2) Exception.--Notwithstanding paragraph (1), for any 
     fiscal year for which the amount appropriated under section 
     209 exceeds the amount appropriated under section 209 for 
     fiscal year 2021 by more than $4,000,000, the Secretary shall 
     reserve, from the total amount appropriated--
       ``(A) 5 percent for awards to Indian Tribes and Tribal 
     organizations to strengthen families and prevent child abuse 
     and neglect; and
       ``(B) 1 percent for migrant programs to strengthen families 
     and prevent child abuse and neglect.
       ``(c) Allotments to States.--The Secretary shall allot the 
     amount appropriated under section 209 for a fiscal year and 
     remaining after the reservations under subsection (b) and 
     section 207 among the States as follows:
       ``(1) 70 percent.--70 percent of such remaining amount 
     shall be allotted among the States by allotting to each State 
     an amount that bears the same proportion to such remaining 
     amount as the number of children under the age of 18 residing 
     in the State bears to the total number of children under the 
     age of 18 residing in all States (except that no State shall 
     receive less than $200,000 under this paragraph).
       ``(2) 30 percent.--30 percent of such remaining amount 
     shall be allotted among the States by allotting to each State 
     an amount that bears the same proportion to such remaining 
     amount as the amount of private, State, or other non-Federal 
     funds leveraged and directed in the preceding fiscal year 
     through the lead entity (as designated for the preceding 
     fiscal year) of the State bears to the total of the amounts 
     of private, State, or other non-Federal sources leveraged and 
     directed in the preceding fiscal year through such an entity 
     of all States.
       ``(d) Terms.--Funds allotted by the Secretary to a State 
     under this section shall be--
       ``(1) for a 3-year period; and
       ``(2) provided to the State on an annual basis.

     ``SEC. 203. LEAD ENTITY.

       ``(a) Definition of Lead Entity.--In this title, the term 
     `lead entity' means a public, quasi-public, or nonprofit 
     private entity (which may be an entity that has not been 
     established pursuant to State legislation, executive order, 
     or any other written authority of the State) that--
       ``(1) exists to strengthen and support families to prevent 
     child abuse and neglect and has a demonstrated ability to 
     work with State and local public agencies and community-based 
     nonprofit organizations to provide professional development 
     and technical assistance; and
       ``(2) has the capacity and commitment to partner 
     meaningfully with family advocates, parents who are or have 
     been recipients of community-based family strengthening 
     services, and individuals with personal experience in the 
     child welfare system to provide leadership in the planning, 
     implementation, and evaluation of the programs and policy 
     decisions of the entity described in this subsection.
       ``(b) Designation.--
       ``(1) In general.--A State shall be eligible for a grant 
     under this title for a fiscal year if the Governor of a State 
     has designated a lead entity to administer funds under this 
     title for the purposes identified under section 201, 
     including to develop, implement, operate, enhance, or expand 
     community-based family strengthening services.
       ``(2) Designation considerations.--In designating a lead 
     entity under paragraph (1) the Governor shall--
       ``(A) take into consideration the capacity and expertise of 
     potential lead entities; and
       ``(B) take into consideration (equally) whether a potential 
     lead entity is--
       ``(i) a trust fund advisory board of the State; or
       ``(ii) an existing entity that--

       ``(I) leverages Federal, State, local, and private funds 
     for a broad range of child abuse and neglect prevention 
     activities and family resource programs; and
       ``(II) is directed by an interdisciplinary, public-private 
     entity that includes participants from communities to be 
     served by the lead entity.

       ``(c) Assurances.--On designating a lead entity under this 
     title, the Governor of the State shall provide assurances to 
     the Secretary as part of the application submitted by the 
     lead entity under section 204 that the lead entity--
       ``(1) will provide or will be responsible for providing--
       ``(A) community-based family strengthening services, in 
     accordance with section 205, including through collaborative, 
     public-private partnerships with community-based providers;
       ``(B) leadership to elevate the importance of prevention of 
     child abuse and neglect across the State through an 
     interdisciplinary, collaborative, public-private structure 
     with balanced representation from private and public sector 
     members, and representation of parents, individuals with 
     personal experience in the child welfare system, community-
     based providers, and parents with disabilities; and
       ``(C) direction and oversight of programs of community-
     based family strengthening services supported by grant funds 
     under this title through the use of identified goals and 
     objectives, clear lines of communication and accountability, 
     the provision of leveraged or combined funding from Federal, 
     State, local, and private sources, centralized assessment and 
     planning activities, the provision of professional 
     development and technical assistance, and reporting and 
     evaluation functions;
       ``(2) has a demonstrated commitment to parental leadership 
     in the development, operation, and oversight of the 
     community-based family strengthening services;
       ``(3) has a demonstrated ability to work with State and 
     local public agencies and community-based nonprofit 
     organizations to develop and maintain a continuum of 
     prevention programs and services designed to support children 
     and families;
       ``(4) has the capacity to provide operational support (both 
     financial and programmatic), professional development, 
     technical assistance, and evaluation assistance to community-
     based providers, through innovative, interagency funding and 
     interdisciplinary service delivery mechanisms;
       ``(5) will integrate its efforts with individuals and 
     organizations experienced in working in partnership with 
     diverse populations,

[[Page S5628]]

     including families with low incomes, families who are racial 
     or ethnic minorities, families that include children with 
     disabilities or caregivers with disabilities, children and 
     youth overrepresented in the child welfare system, families 
     experiencing homelessness or at risk of homelessness, 
     families experiencing substance use disorders, families with 
     parents who have experienced violence or trauma, families 
     with individuals with personal experience in the child 
     welfare system, and families in rural communities; and
       ``(6) will engage with diverse populations to identify and 
     address unmet needs when developing the inventory required 
     under section 204(b)(1)(C)(i) and when distributing funds to 
     community-based providers under section 205.

     ``SEC. 204. APPLICATION.

       ``(a) In General.--To receive a grant under this title, a 
     lead entity shall, not less than once every 3 years, submit 
     an application to the Secretary at such time, in such form, 
     and containing such information as the Secretary may require, 
     including the contents described in subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) by a lead entity shall include each of the 
     following:
       ``(1) A description of--
       ``(A) the lead entity responsible for the administration of 
     funds provided under this title, including how the lead 
     entity will conduct oversight of community-based providers 
     that receive subgrants under section 205;
       ``(B) how the lead entity will ensure community-based 
     family strengthening services supported by grant funds under 
     this title will be integrated into a continuum of prevention 
     programs and services for children and families, including 
     how the lead entity will--
       ``(i) utilize statewide and local systems-building 
     approaches to increase access to community-based family 
     strengthening services for diverse populations;
       ``(ii) determine which communities to serve;
       ``(iii) support place-based approaches to meeting the needs 
     of children and families; and
       ``(iv) ensure such services are designed to serve children 
     and families in hard-to-reach areas;
       ``(C) an inventory as of the date of submission of such 
     application, that includes a description of--
       ``(i) the unmet needs in the State, identified through 
     engagement with diverse populations; and
       ``(ii) the community-based family strengthening services 
     supported by grant funds under this title and other relevant 
     services provided in the State;
       ``(D) how the lead entity will ensure, in the policy 
     decision-making, implementation, and evaluation of community-
     based providers supported by grant funds under this title, 
     the meaningful involvement of--
       ``(i) parents who are or who have been recipients of 
     community-based family strengthening services;
       ``(ii) family advocates; and
       ``(iii) individuals with personal experience in the child 
     welfare system;
       ``(E) the criteria the lead entity will use to select and 
     fund community-based providers, including how the lead entity 
     will take into consideration a provider's ability to--
       ``(i) collaborate with State and local public agencies and 
     community-based nonprofit organizations and engage in long-
     term and strategic planning to support the development of a 
     continuum of prevention programs and services across the 
     State;
       ``(ii) meaningfully partner with parents in the 
     development, implementation, and evaluation of community-
     based family strengthening services; and
       ``(iii) incorporate evidence-based or evidence-informed 
     practices;
       ``(F) outreach activities the lead entity and community-
     based providers will undertake to maximize the participation 
     of diverse populations in the program authorized under this 
     title, including families with low incomes, families who are 
     racial or ethnic minorities, families that include children 
     with disabilities or caregivers with disabilities, children 
     and youth overrepresented in the child welfare system, 
     families experiencing homelessness or at risk of 
     homelessness, families experiencing substance use disorders, 
     families with parents who have experienced violence or 
     trauma, families with individuals with personal experience in 
     the child welfare system, and families in rural communities;
       ``(G) how the performance of the State program will be 
     assessed using the measures described in section 206 and by 
     other measures that may be established by the lead entity;
       ``(H) the actions the lead entity will take to advocate for 
     systemic changes in State policies, practices, procedures, 
     and regulations to--
       ``(i) improve the delivery of community-based family 
     strengthening services; and
       ``(ii) promote prevention activities to strengthen and 
     support families in order to reduce child abuse and neglect 
     and contact with the child protective services system; and
       ``(I) the lead entity's plan for providing operational 
     support, professional development, and technical assistance 
     to community-based providers, related to the use of trauma-
     informed practices, public health approaches to preventing 
     child abuse and neglect, culturally responsive practices, and 
     the use of evidence-based or evidence-informed practices.
       ``(2) A budget for the development, operation, and 
     expansion of the community-based family strengthening 
     services that demonstrates that the State will expend, in 
     non-Federal funds, an amount (in cash or in kind) equal to 
     not less than 20 percent of the amount received under this 
     title for activities under this title.
       ``(3) An assurance that--
       ``(A) the lead entity will use grant funds received under 
     this title to provide community-based family strengthening 
     services in accordance with section 205 in a manner that--
       ``(i) helps families build protective factors that are 
     linked to the prevention of child abuse and neglect, 
     including knowledge of parenting and child development 
     (including social and emotional development), parental 
     resilience, social connections, and time-limited and need-
     based concrete support available to families;
       ``(ii) is trauma-informed, culturally responsive, and takes 
     into consideration the assets and needs of communities in 
     which the lead entity serves; and
       ``(iii) promotes coordination between community-based 
     providers, State and local public agencies, community-based 
     nonprofit organizations, and relevant private entities to 
     develop and expand a continuum of prevention programs and 
     services that promote child, parent, and family well-being, 
     with a focus on increasing access to those supports for 
     diverse populations;
       ``(B) funds received under this title will be used to 
     supplement, not supplant, other State and local public funds 
     designated for the establishment, maintenance, expansion, and 
     redesign of community-based family strengthening services; 
     and
       ``(C) the lead entity will provide the Secretary with 
     reports at such time and containing such information as the 
     Secretary may require.
       ``(4) The assurances described in section 203(c).

     ``SEC. 205. USES OF FUNDS.

       ``(a) In General.--A lead entity that receives a grant 
     under this title shall use the grant funds to develop, 
     implement, operate, expand, and enhance community-based 
     family strengthening services, including by providing 
     subgrants to community-based providers described in 
     subsection (b).
       ``(b) Community-based Provider.--In this title, the term 
     `community-based provider' means an entity that provides 
     community-based family strengthening services, including an 
     entity that is a State or local public agency or a community-
     based nonprofit organization.
       ``(c) Priority.--In awarding subgrants under this section, 
     a lead entity shall give priority to community-based 
     providers proposing evidence-based or evidence-informed local 
     programs to serve low-income communities or to serve young 
     parents or parents of young children.
       ``(d) Uses of Funds.--A lead entity or a community-based 
     provider that receives funds under this section shall use the 
     funds to develop, implement, operate, expand, and enhance 
     community-based family strengthening services, which may 
     include--
       ``(1) assessing community assets and needs through a 
     planning process that--
       ``(A) involves other relevant community-based 
     organizations, including those that have already performed a 
     local needs assessment and can positively contribute to the 
     planning process;
       ``(B) meaningfully involves parents; and
       ``(C) uses information and expertise from local public 
     agencies, local nonprofit organizations, and local private 
     sector representatives;
       ``(2) developing a comprehensive strategy, which may 
     leverage public-private partnerships, to provide a continuum 
     of prevention programs and services to children and families, 
     especially to families experiencing difficulty meeting basic 
     needs or with other risk factors linked with child abuse and 
     neglect, such as families with young parents, parents of 
     young children, or parents who experienced domestic violence 
     or child abuse or neglect as children;
       ``(3)(A) providing, directly or through community referral 
     services, core child abuse and neglect prevention services, 
     such as--
       ``(i) parent support and education programs that build 
     protective factors linked to the prevention of child abuse 
     and neglect;
       ``(ii) mutual support and self-help programs;
       ``(iii) parental leadership skills development programs 
     that support parents as leaders in their families and 
     communities;
       ``(iv) respite care services; and
       ``(v) outreach and follow up services, which may include 
     voluntary home visiting services; and
       ``(B) connecting individuals and families to community 
     referral services, including referral to--
       ``(i) early childhood care and education programs such as a 
     child care program, a Head Start program (including an Early 
     Head Start program) carried out under the Head Start Act (42 
     U.S.C. 9831 et seq.), a developmental screening program, or a 
     program carried out under section 619 or part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419, 
     1431 et seq.);
       ``(ii) services and supports to meet the additional needs 
     of families with children with disabilities or caregivers 
     with disabilities;
       ``(iii) nutrition programs, which may include the special 
     supplemental nutrition program for women, infants, and 
     children program under section 17 of the Child Nutrition

[[Page S5629]]

     Act of 1966 (42 U.S.C. 1786) and the supplemental nutrition 
     assistance program under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.);
       ``(iv) educational services, academic tutoring, adult 
     education and literacy services, and workforce development 
     activities, such as activities described in section 134 of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3174);
       ``(v) self-sufficiency and life management skills 
     development;
       ``(vi) health care (including mental health and substance 
     use disorder services);
       ``(vii) peer counseling;
       ``(viii) domestic violence service programs that provide 
     services and treatment to children and their nonabusing 
     caregivers; and
       ``(ix) adoption services for individuals interested in 
     adopting a child;
       ``(4) developing and maintaining leadership roles for the 
     meaningful involvement of parents and other individuals with 
     personal experience in the child welfare system in the 
     development, operation, evaluation, and oversight of the 
     services provided by the lead entity or community-based 
     providers;
       ``(5) providing leadership in mobilizing local public and 
     private resources to support the provision of community-based 
     family strengthening services; and
       ``(6) coordinating services with State and local public 
     agencies, community-based nonprofit organizations, and 
     relevant private entities, to promote child, parent, and 
     family well-being, including coordinating services through 
     the development, operation, and expansion of State and local 
     systems to develop a continuum of prevention programs and 
     services to strengthen families and to prevent child abuse 
     and neglect.

     ``SEC. 206. PERFORMANCE MEASURES.

       ``(a) Measures.--Each lead entity receiving a grant under 
     this title shall collect information on the extent to which 
     the State program carried out under this title meets measures 
     relating to--
       ``(1) the effective development, operation, and expansion 
     of community-based family strengthening services that meet 
     the requirements of this title, including the use of systems-
     building approaches to increase access to such services for 
     diverse populations;
       ``(2) the community-based family strengthening services 
     supported under this title and an inventory of the types of 
     such services provided in accordance with section 205 and a 
     description that shall specify whether those services are 
     evidence-based or evidence-informed;
       ``(3) the extent to which the lead entity has addressed the 
     unmet needs identified by the inventory required under 
     section 204(b)(1)(C)(i);
       ``(4)(A) the involvement of a diverse representation of 
     families in the design, operation, and evaluation of 
     community-based family strengthening services supported by 
     grant funds under this title; and
       ``(B) the continued leadership of parents and other 
     individuals with personal experience in the child welfare 
     system in the ongoing planning, implementation, and 
     evaluation of such community-based family strengthening 
     services supported by grant funds under this title, 
     demonstrated in an implementation plan;
       ``(5) the satisfaction among families who received 
     community-based family strengthening services supported by 
     grant funds under this title;
       ``(6) the establishment or maintenance of innovative 
     funding mechanisms that blend Federal, State, local, and 
     private funds, and of innovative, interdisciplinary service 
     delivery mechanisms, for the development, operation, 
     expansion, and enhancement of the community-based family 
     strengthening services;
       ``(7) the effectiveness of activities conducted under this 
     title in meeting the purposes of the program, demonstrated 
     through the results of evaluation, or the outcomes of 
     monitoring, conducted by the lead entity; and
       ``(8) the number of children and families that received 
     community-based family strengthening services funded under 
     this title, including a disaggregated count of families with 
     children with disabilities and families with caregivers with 
     disabilities.
       ``(b) Reports.--The lead entity shall submit to the 
     Secretary a report containing the information described in 
     subsection (a).

     ``SEC. 207. NATIONAL TECHNICAL ASSISTANCE FOR COMMUNITY-BASED 
                   FAMILY STRENGTHENING SERVICES.

       ``From the amount appropriated under section 209 for a 
     fiscal year and remaining after the reservation under section 
     202(b), the Secretary may reserve not more than 5 percent to 
     support, directly or through grants or contracts, the 
     activities of lead entities--
       ``(1) to create, operate, and maintain a peer review 
     process;
       ``(2) to create, operate, and maintain a national resource 
     center;
       ``(3) to fund a yearly symposium on State system change 
     efforts that result from the provision of the community-based 
     family strengthening services;
       ``(4) to establish, operate, and maintain a computerized 
     communication system between lead entities; and
       ``(5) to contribute to funding State-to-State technical 
     assistance and professional development.

     ``SEC. 208. RULE OF CONSTRUCTION.

       ``Nothing in this title shall be construed to prohibit 
     grandparents, kinship care providers, foster parents, 
     adoptive parents, or any other individual, in a parenting 
     role from receiving or participating in services and programs 
     under this title.''.

     SEC. 5202. AUTHORIZATION OF APPROPRIATIONS.

       Section 209 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116i) is amended--
       (1) by striking ``this title'' and all that follows through 
     ``2010'' and inserting the following: ``this title 
     $270,000,000,000 for fiscal year 2023''; and
       (2) by striking ``fiscal years 2011 through 2015'' and 
     inserting ``fiscal years 2024 through 2028''.

     SEC. 5203. CONFORMING AMENDMENTS.

       Section 511 of the Social Security Act (42 U.S.C. 711) is 
     amended in subsection (b)(2)--
       (1) by striking ``of current unmet'' and all that follows 
     through ``operating in the State''; and
       (2) by striking ``section 205(3)'' and inserting ``section 
     204(b)(1)(C)''.

  TITLE LIII--PREVENTING CHILD FATALITIES AND NEAR FATALITIES DUE TO 
                        CHILD ABUSE AND NEGLECT

     SEC. 5301. IDENTIFYING AND PREVENTING CHILD FATALITIES AND 
                   NEAR FATALITIES DUE TO CHILD ABUSE AND NEGLECT.

       The Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5101 et seq.) is amended by adding at the end the following:

``TITLE III--PREVENTING CHILD FATALITIES DUE TO CHILD ABUSE AND NEGLECT

 ``Subtitle A--Public Health Approaches to Identify and Prevent Child 
     Fatalities and Near Fatalities Due to Child Abuse and Neglect

     ``SEC. 301. PURPOSE.

       ``The purpose of this subtitle is to develop coordinated 
     leadership and shared responsibility at the Federal, State, 
     Tribal, and local levels to implement data-driven strategies 
     and reforms to prevent child fatalities and near fatalities 
     due to child abuse and neglect from occurring in the future 
     through the use of improved collection, reporting, and 
     analysis of data on all child fatalities and near fatalities 
     due to child abuse and neglect.

     ``SEC. 302. FEDERAL WORK GROUP ON DATA COLLECTION RELATED TO 
                   CHILD FATALITIES AND NEAR FATALITIES DUE TO 
                   CHILD ABUSE AND NEGLECT.

       ``(a) Establishment.--The Secretary shall establish the 
     Federal Work Group on Data Collection Related to Child 
     Fatalities and Near Fatalities Due to Child Abuse and Neglect 
     (referred to in this subtitle as the `Work Group').
       ``(b) In General.--
       ``(1) Composition.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of the CAPTA Reauthorization Act of 2022, the 
     Secretary shall appoint representatives to the Work Group 
     from the Administration for Children and Families, the 
     Centers for Disease Control and Prevention, and the Health 
     Resources and Services Administration.
       ``(B) Other federal agencies.--The Work Group may include 
     representatives from the Department of Justice, appointed by 
     the Attorney General, and such other Federal agencies as the 
     Secretary determines, appointed by the head of the agency 
     involved.
       ``(2) Consultation.--In carrying out the duties described 
     in subsection (c), the Work Group shall consult with--
       ``(A) experts determined by the Secretary who meet the 
     qualifications described in section 3(b)(1)(B) of the Protect 
     our Kids Act of 2012 (Public Law 112-275; 126 Stat. 2460);
       ``(B) representatives of State and local child protective 
     services agencies and other relevant public agencies; and
       ``(C) individuals with personal experience in the child 
     welfare system.
       ``(c) Duties.--The Work Group shall--
       ``(1) oversee the development of data standards that are 
     designed to promote consistent data collection related to 
     child fatalities and near fatalities due to child abuse and 
     neglect as described in section 303(c), and make related 
     recommendations to the Secretary;
       ``(2) oversee the development of the case registry 
     described in section 303(a), and make related recommendations 
     to the Secretary;
       ``(3) make recommendations to the Secretary for the 
     effective operation of the grant program described in section 
     304;
       ``(4) examine all Federal data collections related to child 
     fatalities and near fatalities due to child abuse and neglect 
     and make recommendations to the Secretary regarding--
       ``(A) how to improve the accuracy, uniformity, portability, 
     and comparability of data regarding child fatalities and near 
     fatalities due to child abuse and neglect, within and across 
     States, localities, Indian Tribes, and Tribal organizations;
       ``(B) how to assure that such data collections are 
     informative and effectively utilized by Federal, State, 
     Tribal, and local policymakers, and the public to make data-
     driven decisions to identify, prevent, and respond to such 
     fatalities and near fatalities; and
       ``(C) after analysis of the purposes and roles of data 
     systems existing on the date of the recommendations, how to 
     improve such data systems or next-generation data systems to 
     more effectively meet the goals described in subparagraphs 
     (A) and (B);
       ``(5) identify, and recommend to the Secretary, strategies, 
     resources, and supports to improve Federal, State, Tribal, 
     and local responses to child fatalities and near fatalities 
     due to child abuse and neglect among Indian

[[Page S5630]]

     (including Alaska Native) and Native Hawaiian children in a 
     manner that includes consultation and coordination with 
     Indian Tribes, Tribal organizations, and Native Hawaiian 
     organizations (as such term is defined in section 6207 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7517)); and
       ``(6) ensure that standards developed under this section 
     are developed in accordance with all applicable Federal and 
     State privacy law.
       ``(d) Annual Report to Secretary.--The Work Group shall 
     annually prepare and submit to the Secretary a report on the 
     activities carried out under subsection (c), including 
     recommendations for improving the collection of data related 
     to child fatalities and near fatalities due to child abuse 
     and neglect.

     ``SEC. 303. CASE REGISTRY FOR CHILD FATALITIES AND NEAR 
                   FATALITIES DUE TO CHILD ABUSE AND NEGLECT.

       ``(a) In General.--The Secretary shall operate a national 
     case registry designed to support the collection of data 
     related to child fatalities and near fatalities, to collect 
     complete data on such incidents due to child abuse and 
     neglect for the purposes of--
       ``(1) supporting the systematic collection and analysis of 
     data regarding child fatalities and near fatalities due to 
     child abuse and neglect, within and across States and Indian 
     Tribes;
       ``(2) enabling States, Indian Tribes, and Tribal 
     organizations to review data on all child fatalities and near 
     fatalities for the presence of child abuse and neglect in 
     accordance with uniform public health data standards, 
     including by reviewing--
       ``(A) cases where an incident involving a child was 
     reported to the child protective services system;
       ``(B) cases where an incident involving a child was not 
     reported to the child protective services system but in which 
     child abuse and neglect may have been present; and
       ``(C) cases that may or may not meet criminal or civil 
     definitions of child abuse or neglect for purposes of 
     substantiation or prosecution;
       ``(3) enabling analysis of data collected through such 
     registry to support reforms of Federal, State, Tribal, and 
     local policies and procedures intended to identify, prevent, 
     and respond to future child fatalities and near fatalities 
     due to child abuse and neglect; and
       ``(4) increasing transparency and shared responsibility 
     across public agencies that serve children and families by 
     making data collected through such registry accessible by the 
     public, to the extent permitted by applicable privacy law.
       ``(b) Integration With Existing Data Systems.--In operating 
     the case registry described in subsection (a), the Secretary 
     may integrate or append data from such case registry into or 
     onto data of data systems supported by the Health Resources 
     and Services Administration or Centers for Disease Control 
     and Prevention, as appropriate and shall maintain such 
     integrated or appended data in accordance with all applicable 
     Federal and State privacy law.
       ``(c) Uniform Public Health Data Standards.--
       ``(1) In general.--For the purposes of operating the case 
     registry described in subsection (a), the Secretary shall 
     develop uniform public health data standards that are 
     designed to promote consistent data collection related to 
     child fatalities and near fatalities due to child abuse and 
     neglect and include, as determined by the Secretary, uniform 
     definitions, operational standards, standards for consistent 
     procedures, and data elements for reviewing fatalities and 
     near fatalities due to child abuse and neglect.
       ``(2) Definitions.--The uniform public health data 
     standards described in paragraph (1) shall be designed for 
     public health purposes and not rely solely on criminal or 
     civil definitions of child abuse and neglect.
       ``(3) Technical assistance.--The Secretary shall provide 
     (including through grants, contracts, or cooperative 
     agreements) technical assistance and resources to encourage 
     the adoption and implementation of the standards described in 
     this subsection and support the participation of States, 
     Indian Tribes, and Tribal organizations in the national case 
     registry described in subsection (a).
       ``(4) Child fatality and near-fatality investigation 
     protocol.--As part of the uniform public health data 
     standards described in paragraph (1), the Secretary may 
     develop a standardized child fatality and near-fatality 
     investigation protocol for use by medical examiners, 
     coroners, health care professionals, first responders, and 
     other entities determined appropriate by the Secretary, to 
     improve data collection on child fatalities and near 
     fatalities due to child abuse and neglect.

     ``SEC. 304. GRANTS FOR STATE, INDIAN TRIBE, AND TRIBAL 
                   ORGANIZATION CHILD FATALITY REVIEW OF CHILD 
                   ABUSE AND NEGLECT FATALITIES AND NEAR 
                   FATALITIES.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary may award grants or 
     cooperative agreements to States, Indian Tribes, and Tribal 
     organizations for the purposes of assisting such States, 
     Indian Tribes, and Tribal organizations in--
       ``(A) supporting entities carrying out child fatality 
     review programs (which entities are referred to individually 
     in this title as a `child fatality review program'), 
     including at the local level, in the review of all incidents 
     of child fatalities and near fatalities due to child abuse or 
     neglect, including incidents in which the child victim was 
     known by or referred to the child protective services system;
       ``(B) improving data collection and reporting related to 
     child fatalities and near fatalities due to child abuse and 
     neglect, including intrastate and interstate data 
     comparability;
       ``(C) encouraging voluntary reporting to the case registry 
     authorized under section 303(a); and
       ``(D) developing coordinated leadership and shared 
     responsibility across State and local public agencies, Indian 
     Tribes, and Tribal organizations that support children and 
     families to implement data-driven strategies and reforms in 
     order to identify, prevent, and respond to child fatalities 
     and near fatalities due to child abuse and neglect.
       ``(2) Capacity building grants.--The Secretary may reserve 
     a portion of funds appropriated under section 321, and not 
     reserved under section 305, to award grants or cooperative 
     agreements to States, Indian Tribes, and Tribal organizations 
     for the purposes of increasing the capacity of such States, 
     Indian Tribes, and Tribal Organizations to conduct reviews of 
     child near fatalities due to child abuse and neglect.
       ``(b) Application.--A State, Indian Tribe, or Tribal 
     organization desiring a grant or cooperative agreement under 
     subsection (a)(1) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including--
       ``(1) the fatality review plan of the State, Indian Tribe, 
     or Tribal organization to ensure--
       ``(A) the corresponding child fatality review program will, 
     for the purposes of identifying fatalities and near 
     fatalities due to child abuse and neglect and preventing such 
     incidents in the future, conduct comprehensive and 
     multidisciplinary reviews of all cases of child fatalities 
     and near fatalities within the State or Indian Tribe, as the 
     case may be, within a reasonable timeframe, and allow the 
     State, Indian Tribe, or Tribal organization to increase the 
     number of cases reviewed over time and review all such cases 
     for child abuse and neglect utilizing the consistent 
     procedures described in paragraph (2); and
       ``(B) the State, Indian Tribe, or Tribal organization will 
     submit information for each case of a fatality or near 
     fatality due to child abuse or neglect identified by the 
     reviews described in subparagraph (A) to the case registry 
     described in section 303(a), in alignment with the consistent 
     procedures described in paragraph (2), including information 
     about the circumstances in which each case occurred, such 
     as--
       ``(i) the cause of the death listed on the death 
     certificate in the case of a child fatality, and the type of 
     life-threatening injury in the case of a child near fatality;
       ``(ii) whether the child was reported to the child 
     protective services system;
       ``(iii) the responses made by the child protective services 
     system (which may include services or investigations, as 
     applicable), including any determinations by such agency;
       ``(iv) the child's living arrangement or placement at the 
     time of the incident;
       ``(v) the perpetrator's relationship to the child;
       ``(vi) any known previous child abuse or neglect of the 
     child by other perpetrators and of any child abuse or neglect 
     of other children by the perpetrator;
       ``(vii) the demographics and relevant characteristics of 
     the child, perpetrator, and family;
       ``(viii) the child's encounters with the health care system 
     within the past 12 months prior to the incident involved for 
     suspected or confirmed child abuse or neglect; and
       ``(ix) other relevant data as determined by the Secretary 
     designed to inform future identification, prevention, and 
     response efforts;
       ``(2) a description of how the State, Indian Tribe, or 
     Tribal organization will, within a timeframe established by 
     the Secretary, develop consistent procedures to conduct the 
     reviews described in paragraph (1)(A) that are aligned with 
     the uniform public health data standards developed under 
     section 303(c) for the purposes of developing a public health 
     approach to the identification of child abuse and neglect 
     that--
       ``(A) does not rely solely on criminal or civil definitions 
     of child abuse and neglect for the purposes of 
     substantiation; and
       ``(B) reduces human error and bias, particularly racial 
     bias, in carrying out such reviews;
       ``(3) a description of how the child fatality review 
     program of the State, Indian Tribe, or Tribal organization 
     will ensure such program--
       ``(A) will coordinate activities with relevant entities to 
     collect data from medical examiners, coroners, vital 
     statistics personnel, law enforcement, medical professionals, 
     hospitals, first responders, the child protective services 
     system, and other agencies that possess relevant data, and 
     how the program and such entities will examine the 
     circumstances surrounding a child fatality or near fatality 
     due to child abuse or neglect;
       ``(B) will make information collected by such program 
     publicly accessible to support data-informed strategies and 
     reforms, across State and local public agencies, Indian 
     Tribes, and Tribal organizations, that are designed to 
     identify, prevent, and respond to

[[Page S5631]]

     future child fatalities and near fatalities due to child 
     abuse and neglect; and
       ``(C) will provide all information collected by the child 
     fatality review program of the State, Indian Tribe, or Tribal 
     organization under the grant to the State to support such 
     State's reporting of data under section 
     106(d)(3)(E)(i)(II)(bb);
       ``(4) a description of how the child fatality review 
     program of the State, Indian Tribe, or Tribal organization 
     will improve and standardize the identification of near 
     fatalities due to child abuse and neglect across the State or 
     Indian Tribe involved, as the case may be, including--
       ``(A) how the State, Indian Tribe, or Tribal organization 
     will collect information regarding life-threatening injuries 
     related to child abuse and neglect and report such 
     information to the child fatality review program of the 
     State, Indian Tribe, or Tribal organization; and
       ``(B) how the State, Indian Tribe, or Tribal organization 
     will coordinate with health care professionals, hospital 
     systems, and child protective services agencies in 
     identifying life-threatening injuries related to child abuse 
     and neglect and reporting relevant information to the child 
     fatality review program of the State, Indian Tribe, or Tribal 
     organization; and
       ``(5) an assurance that the State, Indian Tribe, or Tribal 
     organization will develop a fatality and near-fatality 
     prevention plan (in alignment with the requirements of 
     section 422(b)(19)(B) of the Social Security Act (42 U.S.C. 
     622(b)(19)(B)) that is designed to implement data-driven 
     strategies and reforms across the State or the Indian Tribe 
     served, as the case may be, in order to prevent child 
     fatalities and near fatalities due to child abuse and neglect 
     from occurring in the future, which plan shall include--
       ``(A) an analysis of the data collected under the State, 
     Indian Tribe, or Tribal organization plan described in 
     paragraph (1) and data from other relevant sources in order 
     to identify the children at the highest risk of child 
     fatalities and near fatalities due to child abuse and 
     neglect, including an analysis that--
       ``(i) identifies--

       ``(I) individual, family, and community risk factors;
       ``(II) protective factors; and
       ``(III) other circumstances associated with such data; and

       ``(ii) examines relevant State, local, Indian Tribe, and 
     Tribal organization policies and practices associated with 
     cases in which such a fatality or near fatality occurred, 
     including systemic failures across public agencies related to 
     such cases; and
       ``(B) a description of how the child protective services 
     system will update its policies and procedures in response to 
     the data analysis described in subparagraph (A) to prioritize 
     safety screenings for children who match characteristics 
     identified in the analysis as at the highest risk and 
     implement other necessary reforms responsive to the findings 
     of the analysis; and
       ``(6) a description of how the State, Indian Tribe, or 
     Tribal organization will coordinate the leadership of the 
     State and local public agencies, Indian Tribe, or Tribal 
     organization that supports children and families, to develop 
     shared responsibility to protect children at the highest risk 
     of child fatalities and near fatalities due to child abuse 
     and neglect and to implement changes in policies and 
     practices of the State, Indian Tribe, or Tribal organization 
     in response to the findings of the analysis described in 
     paragraph (5)(A) to prevent such incidents, which changes may 
     include improvements in policies and practices related to 
     child protection, health care (including mental health care), 
     substance use disorders, domestic violence, law enforcement, 
     education, social services, and formal and informal support 
     systems that have contact with children and families.
       ``(c) Uses of Funds.--A State, Indian Tribe, or Tribal 
     organization receiving a grant or cooperative agreement under 
     subsection (a)(1)--
       ``(1) shall use such funds to--
       ``(A) implement the child fatality review plan of the 
     State, Indian Tribe, or Tribal organization described in 
     subsection (b)(1), including by--
       ``(i) increasing the capacity of the child fatality review 
     program of the State, Indian Tribe, or Tribal organization to 
     conduct reviews of all cases of child fatalities and near 
     fatalities for child abuse and neglect, regardless of the 
     involvement of such cases with the child protective services 
     system; and
       ``(ii) enabling the submission of required data under such 
     plan to the case registry described in section 303(a);
       ``(B) support the development and adoption of consistent 
     procedures described in subsection (b)(2) to ensure that all 
     cases of child fatalities and near fatalities due to child 
     abuse and neglect are reviewed consistently within the State 
     or Indian Tribe, as the case may be;
       ``(C) supporting coordination between the child fatality 
     review program of the State, Indian Tribe, or Tribal 
     organization and the child protective services system, 
     including by providing all relevant child welfare information 
     and information collected by such child fatality review 
     program to the system in accordance with subsection 
     (b)(3)(C); and
       ``(D) developing the fatality and near-fatality prevention 
     plan of the State, Indian Tribe, or Tribal organization 
     described in (b)(5), including conducting necessary data 
     analysis and examination; and
       ``(2) may use such funds to--
       ``(A) conduct research related to the data described in the 
     fatality review plan of the State, Indian Tribe, or Tribal 
     organization;
       ``(B) identify protective factors associated with the 
     prevention of child abuse and neglect, and support changes in 
     the policies and practices of the State, Indian Tribe, or 
     Tribal organization, across public agencies that serve 
     children and families to support the development of such 
     factors; and
       ``(C) develop, implement, or scale real-time electronic 
     data sharing or improvements in increased interoperability of 
     relevant data among State and local public agencies, Indian 
     Tribes, and Tribal organizations, that serve children and 
     families, to improve submission and analysis of data required 
     under this section.
       ``(d) Reporting.--
       ``(1) State, indian tribe, and tribal organization 
     reporting.--Each State, Indian Tribe, or Tribal organization 
     that receives funds under subsection (a)(1), for each year 
     such funds are received, shall provide a report to the 
     Secretary containing such information, in such manner as the 
     Secretary may require, including, at a minimum--
       ``(A) a description of how such State, Indian Tribe, or 
     Tribal organization utilized funds provided under subsection 
     (a)(1), including the number and percentage of all cases of 
     child fatalities and near fatalities within the State or the 
     Indian Tribe involved, as the case may be, that were--
       ``(i) reviewed for child abuse and neglect using such 
     funds; and
       ``(ii) so reviewed and identified, using such funds, as due 
     to child abuse and neglect in accordance with the consistent 
     procedures described in subsection (b)(2) of the State, 
     Indian Tribe, or Tribal organization;
       ``(B) a description of the progress of the State, Indian 
     Tribe, or Tribal organization in--
       ``(i) implementing its fatality review plan described in 
     subsection (b)(1), including submitting data required under 
     such plan to the case registry described in section 303(a);
       ``(ii) developing and implementing the consistent 
     procedures described in subsection (b)(2) of the State, 
     Indian Tribe, or Tribal organization, including the extent to 
     which such consistent procedures are aligned with the uniform 
     public health data standards described in section 303(c); and
       ``(iii) identifying and standardizing the identification of 
     near fatalities described in subsection (b)(4); and
       ``(iv) developing the fatality and near-fatality prevention 
     plan of the State, Indian Tribe, or Tribal organization 
     required under subsection (b)(5), including conducting data 
     analysis to identify children in the State, Indian Tribe, or 
     Tribal organization at the highest risk of child fatalities 
     and near fatalities due to child abuse and neglect, and 
     identifying potential reforms in accordance with such plan's 
     requirements; and
       ``(C) a description of how the State, Indian Tribe, or 
     Tribal organization coordinated the leadership of State and 
     local public agencies, Indian Tribes, and Tribal 
     organizations, that support children and families, to develop 
     shared responsibility to protect children at the highest risk 
     of child fatalities and near fatalities due to child abuse 
     and neglect, and implemented changes in policies and 
     practices in response to the findings of the analysis 
     described in subsection (b)(5)(A) and the activities 
     supported under this section.
       ``(2) Secretary's report to congress.--The Secretary shall 
     submit an annual report to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on 
     Appropriations of the Senate and the Committee on Education 
     and Labor and the Committee on Appropriations of the House of 
     Representatives, that includes a summary of reports submitted 
     by States, Indian Tribes, and Tribal organizations under 
     paragraph (1) and the Secretary's recommendations or 
     observations on the challenges, successes, and lessons 
     derived from--
       ``(A) the recommendations of the Work Group described in 
     section 302(c);
       ``(B) operation of the case registry described in section 
     303(a); and
       ``(C) implementation of the grant program authorized under 
     subsection (a)(1).

     ``SEC. 305. ASSISTING STATE, INDIAN TRIBE, AND TRIBAL 
                   ORGANIZATION IMPLEMENTATION.

       ``The Secretary shall reserve not more than 15 percent of 
     funds appropriated under section 321 to provide guidance and 
     technical assistance, directly or through grants or 
     cooperative agreements, to support State and local public 
     agencies, Indian Tribes, and Tribal organizations in--
       ``(1) submitting uniform and comparable data to the case 
     registry authorized under section 303(a);
       ``(2) developing applications for the program authorized 
     under section 304 and implementing such program;
       ``(3) developing and supporting the adoption of consistent 
     procedures described under section 304(b)(2), to assure that 
     all child fatalities and near fatalities due to child abuse 
     and neglect are reviewed consistently within States and 
     Indian Tribes, which procedures shall be aligned with uniform 
     public health data standards described in section 303(c); and
       ``(4) implementing data-driven strategies and reforms in 
     order to prevent child fatalities and near fatalities due to 
     child abuse and neglect from occurring in the future

[[Page S5632]]

     through the use of improved collection, reporting, and 
     analysis of data on all child fatalities and near fatalities 
     due to child abuse and neglect.''.

     SEC. 5302. CHILD ABUSE AND NEGLECT RECORDS.

       Title III of the Child Abuse Prevention and Treatment Act, 
     as added by section 5301 of this Act, is amended by adding at 
     the end the following:

             ``Subtitle B--Child Abuse and Neglect Records

     ``SEC. 311. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.

       ``(a) Purpose.--The purpose of this subtitle is to reduce 
     child fatalities and near fatalities due to child abuse or 
     neglect by improving child welfare investigations through the 
     use of accurate and efficient exchange of interstate and 
     intrastate child abuse and neglect registry records.
       ``(b) Working Group.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of the CAPTA Reauthorization Act of 2022, the 
     Secretary shall convene a working group (referred to in this 
     subtitle as the `working group') to study improving child 
     welfare investigations through the use of accurate and 
     efficient exchange of interstate and intrastate child abuse 
     and neglect registry records. Such working group shall 
     include representatives of Federal, State, and local public 
     agencies knowledgeable about child abuse and neglect registry 
     records and other representatives knowledgeable about 
     interstate data systems.
       ``(2) Duties.--The working group shall study and make 
     recommendations to the Secretary on each of the following 
     topics:
       ``(A) Improving intrastate and interstate communication, 
     including by examining the use of technology and the 
     development of an electronic interstate data exchange system, 
     to allow for accurate and efficient exchange of interstate 
     and intrastate child abuse and neglect registry records.
       ``(B) Reducing barriers to providing, and establishing best 
     practices for States to provide, timely responses to requests 
     from other States for information contained in State and 
     local child abuse and neglect registries.
       ``(C) Identifying data elements currently (as of the date 
     of the establishment of the working group) stored in State 
     and local child abuse and neglect registries and 
     determining--
       ``(i) which such data elements should be accessible for 
     data exchange between and within State and local child 
     welfare agencies to improve child welfare investigations; and
       ``(ii) whether access to such data elements through an 
     electronic interstate data exchange system should be limited 
     to cases involving reported, investigated, or substantiated 
     child abuse and neglect.
       ``(D) Identifying potential obstacles that may prevent 
     States from participating in an electronic interstate data 
     exchange system and developing recommendations for overcoming 
     such obstacles.
       ``(E) Determining how lessons learned from the development 
     and implementation of the electronic interstate data exchange 
     system related to the Interstate Compact on the Placement of 
     Children may be used to inform the development of an 
     electronic interstate data exchange system of child abuse and 
     neglect records.
       ``(F) Examining recommendations made by the Interagency 
     Task Force for Child Safety established under the Child Care 
     Protection Improvement Act of 2020 (Public Law 116-279) and 
     identifying relevant recommendations for the development of 
     an electronic interstate date exchange system.
       ``(G) Identifying best practices for the use of information 
     from State and local child abuse and neglect registries as 
     part of screening and investigating allegations of child 
     abuse or neglect to improve children's safety.
       ``(H) Ensuring procedural due process for any individual 
     included in a State or local child abuse and neglect 
     registry, including recommendations for protections relating 
     to--
       ``(i) the level of evidence necessary for inclusion in such 
     registry;
       ``(ii) the process for notifying such individual of 
     inclusion in the such registry and of the implications of 
     such inclusion;
       ``(iii) the process for providing such individual the 
     opportunity to challenge such inclusion, and the procedures 
     for resolving such challenge; and
       ``(iv) the length of time an individual's record is to 
     remain in such registry, and the process for removing such 
     individual's record.
       ``(I) Establishing criteria for when an individual's child 
     abuse and neglect registry record may be shared through an 
     electronic interstate data exchange system.
       ``(3) Report.--Not later than 18 months after the initial 
     convening of the working group, the working group shall 
     submit a report containing the recommendations described in 
     paragraph (2) to the Secretary, the Committee on Health, 
     Education, Labor, and Pensions of the Senate, and the 
     Committee on Education and Labor of the House of 
     Representatives.
       ``(c) Pilot Program.--
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the CAPTA Reauthorization Act of 2022, taking 
     into consideration the recommendations included in the report 
     required under subsection (b)(3), the Secretary shall--
       ``(A) develop an electronic interstate data exchange 
     system, in accordance with paragraph (2); and
       ``(B) establish a pilot program, and award grants to 
     support participation in such pilot program, in accordance 
     with paragraph (3).
       ``(2) Electronic interstate data exchange system.--The 
     Secretary shall enter into a cooperative agreement or 
     contract with an entity to develop an electronic interstate 
     data exchange system. Such system shall include, to the 
     greatest extent practicable, the following operational 
     standards:
       ``(A) Interoperable data standards developed and maintained 
     by intergovernmental partnerships, such as the National 
     Information Exchange Model.
       ``(B) Policies and governance standards that--
       ``(i) ensure consistency, accuracy, and reliability in 
     types of information shared and not shared;
       ``(ii) specify circumstances under which data should be 
     shared through the electronic interstate data exchange 
     system;
       ``(iii) ensure procedural due process for individuals 
     included in a State or local child abuse and neglect 
     registry, including policies aligned with the recommendations 
     described in subsection (b)(1)(H); and
       ``(iv) are in accordance with all applicable Federal and 
     State privacy law.
       ``(3) Pilot program for implementation of the electronic 
     interstate data exchange system.--
       ``(A) In general.--The Secretary shall award grants to 
     entities responsible under State law for maintaining child 
     abuse and neglect registries, including State and local child 
     welfare agencies, to support their participation in a pilot 
     program to--
       ``(i) utilize the electronic interstate data exchange 
     system described in paragraph (2) to allow for accurate and 
     efficient exchange of interstate and intrastate child abuse 
     and neglect registry records;
       ``(ii) work with the Secretary to develop and update 
     operational standards for the electronic interstate data 
     exchange system and make improvements to such system; and
       ``(iii) update the existing data systems of such entities 
     to improve participation in the electronic interstate data 
     exchange system.
       ``(B) Participation.--In awarding grants under this 
     paragraph, the Secretary shall, ensure that, to the extent 
     practicable, grants are--
       ``(i) distributed to not less than 10 States; and
       ``(ii) distributed among States that collectively are 
     geographically diverse.
       ``(4) Pilot report.--Not later than 3 years after grants 
     are awarded under paragraph (3), the Secretary shall--
       ``(A) prepare a report detailing the outcomes of the pilot 
     program described in such paragraph, recommendations to 
     improve the electronic interstate data exchange system 
     described in paragraph (2), and recommendations for 
     nationwide implementation of an electronic interstate data 
     exchange system; and
       ``(B) submit such report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives.
       ``(d) Nationwide Expansion of the Electronic Interstate 
     Data Exchange System.--
       ``(1) In general.--Not later than 1 year after submitting 
     the report described in subsection (c)(4)(B), the Secretary 
     shall--
       ``(A) enter into or continue a cooperative agreement or 
     contract, in accordance with the requirements of subsection 
     (c)(2), to improve and expand the electronic interstate data 
     exchange system described in subsection (c), which may 
     include updating the operational standards for such system; 
     and
       ``(B) award grants to entities responsible under State law 
     for maintaining child abuse and neglect registries, including 
     State and local child welfare agencies, to--
       ``(i) support increased State participation in the 
     electronic interstate data exchange system described in this 
     subsection; and
       ``(ii) update the existing data systems of such entities to 
     improve participation in such electronic interstate data 
     exchange system.
       ``(2) Grants to entities.--
       ``(A) In general.--In carrying out paragraph (1)(B), the 
     Secretary may award grants on a competitive or formula basis, 
     as determined by the Secretary, who shall ensure that such 
     grants are of sufficient size and scope to allow the entities 
     described in such paragraph to effectively participate in the 
     electronic interstate data exchange system.
       ``(B) Nationwide participation.--In carrying out this 
     subsection, the Secretary shall award grants in a manner that 
     facilitates nationwide participation in the electronic 
     interstate data exchange system described in this subsection, 
     to the greatest extent practicable.
       ``(e) Limitation on Use of Electronic Interstate Data 
     Exchange System.--An electronic interstate data exchange 
     system described in this section shall be used only for 
     purposes of improving child welfare investigations between 
     and within States and ensuring the safety of children placed 
     in foster or adoptive homes.
       ``(f) Prohibition.--The Secretary may neither access nor 
     store data from an electronic interstate data exchange system 
     described in this section.
       ``(g) Reports.--Not later than 2 years after September 30 
     of the fiscal year that the Secretary awards grants under 
     subsection (d), and every year thereafter, the Secretary 
     shall submit a report to the Committee on Health, Education, 
     Labor, and Pensions of

[[Page S5633]]

     the Senate and the Committee on Education and Labor of the 
     House of Representatives on--
       ``(1) the number of States participating in the electronic 
     interstate data exchange system described in such subsection;
       ``(2) challenges faced by States not able to fully 
     participate in such electronic interstate data exchange 
     system; and
       ``(3) any other information considered relevant by the 
     Secretary for the implementation of this section, including 
     any legislative changes that may be necessary to allow 
     participation by all States in such electronic interstate 
     data exchange system.''.

     SEC. 5303. AUTHORIZATION OF APPROPRIATION.

       Title III of the Child Abuse Prevention and Treatment Act, 
     as amended by section 5302 of this Act, is further amended by 
     adding at the end the following:

             ``Subtitle C--Authorization of Appropriations

     ``SEC. 321. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $25,000,000 for fiscal year 2023, and such sums as may 
     be necessary for each of fiscal years 2024 through 2028.''.

   TITLE LIV--RESPONSE TO INFANTS AFFECTED BY PARENTAL SUBSTANCE USE 
                                DISORDER

     SEC. 5401. AMENDING THE CAPTA TO PROVIDE FOR A PUBLIC HEALTH 
                   RESPONSE TO INFANTS AFFECTED BY PARENTAL 
                   SUBSTANCE USE DISORDER.

       The Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5101 et seq.) is amended by inserting after title III, as 
     added by section 5301, the following:

  ``TITLE IV--PUBLIC HEALTH RESPONSE TO INFANTS AFFECTED BY PARENTAL 
                         SUBSTANCE USE DISORDER

     ``SEC. 401. PURPOSE.

       ``The purpose of this title is to ensure the safety, 
     permanency, and well-being of infants affected by parental 
     substance use disorder, by supporting States in providing a 
     public health response to the impact of substance use 
     disorders on infants, pregnant women, and families by--
       ``(1) supporting the health and well-being of infants, 
     pregnant women, and parents rather than penalizing the 
     parents;
       ``(2) developing comprehensive family care plans to address 
     the needs of infants, pregnant women, parents, families, and 
     caregivers;
       ``(3) increasing access to evidence-based substance use 
     disorder treatment, including medications for opioid use 
     disorder, and other services for pregnant women and parents 
     with a substance use disorder and their infants, including 
     ensuring that women can access necessary prenatal and 
     postpartum services to improve maternal and infant health 
     outcomes;
       ``(4) supporting pregnant women and parents with a 
     substance use disorder, families, and caregivers in building 
     protective factors so that infants are at a low risk of child 
     abuse or neglect;
       ``(5) providing access to appropriate screening, 
     assessment, and intervention services for infants affected by 
     parental substance use disorder; and
       ``(6) improving the capacity of and coordination between 
     health care professionals (including substance use disorder 
     professionals), child welfare workers, and other personnel 
     involved in the development, implementation, and monitoring 
     of family care plans.

     ``SEC. 402. REQUIREMENTS.

       ``(a) In General.--Each State receiving Federal funds under 
     section 106 or section 404 shall have in effect policies and 
     procedures that meet the requirements of this section.
       ``(b) Designation.--The Governor of the State shall 
     designate a State agency with expertise in public health as a 
     State lead agency to work collaboratively with State and 
     local public health agencies, substance abuse agencies, child 
     welfare agencies, the State Medicaid program, and maternal 
     and child health agencies to carry out the State's public 
     health response to strengthen families and ensure the safety 
     and well-being of--
       ``(1) infants affected by parental substance use disorder; 
     and
       ``(2) parents, families, and caregivers of such infants.
       ``(c) Family Care Plans.--At the same time a State submits 
     a State plan under section 106(b)(1), the State lead agency 
     designated by the Governor under subsection (b) shall provide 
     to the Secretary a description of the State's policies and 
     procedures to ensure the safety and well-being of infants 
     affected by parental substance use disorder, and the well-
     being of the parents of such infants, including a description 
     of--
       ``(1) how the State is implementing and monitoring family 
     care plans, including by--
       ``(A) developing family care plans prior to the expected 
     delivery of the infant; and
       ``(B) conducting necessary follow up after the birth of 
     such infant to ensure that parents, families, and caregivers 
     are able to access supports and services, and to ensure the 
     safety and well-being of such infants;
       ``(2) the State's policies and procedures for requiring 
     providers involved in the delivery or care of infants 
     affected by parental substance use disorder to notify the 
     State lead agency designated under subsection (b) of the 
     occurrence of such condition in such infants;
       ``(3) the State's policies and procedures to ensure the 
     development of a multi-disciplinary family care plan for an 
     infant affected by parental substance use disorder and such 
     infant's parents, family, and caregiver to ensure the safety 
     and well-being of such infant following release from the care 
     of health care providers, including by--
       ``(A) using a family assessment approach to develop each 
     family care plan;
       ``(B) addressing, through coordinated service delivery, the 
     health, developmental, safety, and substance use disorder 
     treatment needs of the infant and affected parent; and
       ``(C) the development and implementation by the State of 
     monitoring systems regarding the implementation of such plans 
     to determine whether, and in what manner, local entities are 
     providing, in accordance with State requirements, referrals 
     to and delivery of appropriate services for the infant, 
     affected parent, family, and caregiver.
       ``(4) the State's plan to develop a system for purposes of 
     notifications required by paragraph (2) that is distinct and 
     separate from the system used in the State to report child 
     abuse and neglect, and designed to promote a public health 
     response to infants affected by parental substance use 
     disorder, and not for the purpose of initiating an 
     investigation of child abuse or neglect.
       ``(d) Special Rule.--Nothing in this section shall be 
     construed to--
       ``(1) establish a definition under Federal law of what 
     constitutes child abuse or neglect;
       ``(2) require investigation or prosecution for any illegal 
     action, including a response by the State's child protective 
     services system; or
       ``(3) imply that use of medications, including medications 
     for opioid use disorder, to treat substance use disorder in 
     pregnancy necessitates the intervention of a child welfare 
     system without separate evidence of child abuse or neglect.
       ``(e) Annual Report.--The State lead agency designated by 
     the Governor under subsection (b) shall annually work with 
     the Secretary to provide a report that provides the number of 
     infants--
       ``(1) identified under subsection (c)(2);
       ``(2) for whom a family care plan was developed under 
     subsection (c)(3); and
       ``(3) for whom a referral was made for appropriate 
     services, including services for the affected parent, family, 
     or caregiver, under subsection (c)(3).

     ``SEC. 403. NATIONAL TECHNICAL ASSISTANCE AND REPORTING.

       ``(a) Technical Assistance.--The Secretary shall provide 
     technical assistance to support States in complying with the 
     requirements of section 402(c) that includes--
       ``(1) disseminating best practices on implementation of 
     multidisciplinary family care plans;
       ``(2) addressing State-identified challenges with 
     developing, implementing, and monitoring family care plans;
       ``(3) supporting collaboration and coordination across 
     substance abuse agencies, child welfare agencies, maternal 
     and child health agencies, family courts, and other community 
     partners;
       ``(4) supporting State efforts to develop information 
     technology systems to manage family care plans; and
       ``(5) providing technical assistance in accordance with the 
     infants with prenatal substance- exposure initiative 
     developed by the National Center on Substance Abuse and Child 
     Welfare.
       ``(b) Secretary's Report to Congress.--The Secretary shall 
     submit an annual report to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on 
     Appropriations of the Senate and the Committee on Education 
     and Labor, the Committee on Appropriations of the House of 
     Representatives, and the Committee on Energy and Commerce of 
     the House of Representatives that includes, at a minimum, 
     information on--
       ``(1) the activities of the Secretary under subsection (a);
       ``(2) the progress of States in developing, implementing, 
     and monitoring family care plans to ensure a public health 
     response to addressing the needs of infants affected by 
     parental substance use disorder and the parents of such 
     infants, including connection to treatment services if 
     necessary, and as appropriate, recommendations for improving 
     such practices; and
       ``(3) the progress of States in safely reducing the number 
     of infants affected by parental substance use disorder 
     entering the child protective services system.

     ``SEC. 404. GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to States for the purpose of assisting the State lead 
     agency designated by the Governor under section 402(b) in 
     coordinating a partnership with maternal and child health 
     agencies, child welfare agencies, public health agencies, 
     mental health agencies, social services agencies, substance 
     abuse agencies, health care facilities with labor and 
     delivery units, and health care providers to facilitate 
     collaboration in developing, updating, implementing, and 
     monitoring family care plans described in section 402(c).
       ``(b) Distribution of Funds.--
       ``(1) Reservations.--Of the amounts made available to carry 
     out subsection (a), the Secretary shall reserve--
       ``(A) no more than 3 percent for the purposes described in 
     subsection (g); and
       ``(B) no less than 3 percent for grants to Indian Tribes 
     and Tribal organizations to address the needs of infants 
     affected by parental substance use disorder and their 
     parents, families, or caregivers, which, to the extent 
     practicable, shall be consistent with the uses of funds 
     described under subsection (d).

[[Page S5634]]

       ``(2) Allotments to states and territories.--The Secretary 
     shall allot the amount made available to carry out subsection 
     (a) that remains after application of paragraph (1) to each 
     State that applies for such a grant, in an amount equal to 
     the sum of--
       ``(A) $500,000; and
       ``(B) an amount that bears the same relationship to any 
     funds made available to carry out subsection (a) and 
     remaining after application of paragraph (1) and subparagraph 
     (A), as the number of live births in the State in the 
     previous calendar year bears to the number of live births in 
     all States in such year.
       ``(3) Ratable reduction.--If the amount made available to 
     carry out subsection (a) is insufficient to satisfy the 
     requirements of paragraph (2)(A), the Secretary shall ratably 
     reduce each allotment to a State.
       ``(c) Application.--A State desiring a grant under 
     subsection (a) shall submit an application to the Secretary 
     at such time and in such manner as the Secretary may require. 
     Such application shall include, at a minimum--
       ``(1) a description of--
       ``(A) how the State lead agency designated under section 
     402(b) will coordinate with relevant State entities and 
     programs (including maternal and child health providers, the 
     child welfare agency, public health agencies, mental health 
     agencies, the State substance abuse agency, health care 
     facilities with labor and delivery units, health care 
     providers, programs funded by the Substance Abuse and Mental 
     Health Services Administration that provide substance use 
     disorder treatment for women, maternal and child health 
     programs funded by the Health Resources and Services 
     Administration, the State Medicaid program, the State agency 
     administering the block grant program under title V of the 
     Social Security Act (42 U.S.C. 701 et seq.), the State agency 
     administering the programs funded under part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1431 
     et seq.), the maternal, infant, and early childhood home 
     visiting programs under section 511 of the Social Security 
     Act (42 U.S.C. 711), Early Head Start, the State judicial 
     system, domestic violence agencies, and other agencies, as 
     determined by the Secretary) and any Indian Tribes and Tribal 
     organizations located in the State to develop the application 
     under this subsection and implement the activities under this 
     section;
       ``(B) how the State plans to use funds for activities 
     described in subsection (d) for the purposes of meeting the 
     requirements of section 402(c);
       ``(C) if applicable, how the State plans to utilize funding 
     authorized under part E of title IV of the Social Security 
     Act (42 U.S.C. 670 et seq.) to assist in carrying out any 
     family care plan, including funding authorized under section 
     471(e) of such Act for mental health and substance use 
     disorder prevention and treatment services and in-home parent 
     skill-based programs and funding authorized under such 
     section 472(j) for children with a parent in a licensed 
     residential family-based treatment facility for substance use 
     disorder; and
       ``(D) the treatment and other services and programs 
     available in the State to effectively carry out any family 
     care plan developed, including identification of needed 
     treatment, and other services and programs to ensure the 
     well-being of young children and their families affected by 
     substance use disorder; and
       ``(2) an assurance that the State will comply with 
     requirements to refer a child identified as substance-exposed 
     to early intervention services as required pursuant to a 
     grant under part C of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1431 et seq.).
       ``(d) Uses of Funds.--Funds awarded to a State under 
     subsection (b)(2) may be used for the following activities, 
     which may be carried out by the State directly, or through 
     grants or subgrants, contracts, or cooperative agreements:
       ``(1) Improving State and local systems with respect to the 
     development and implementation of family care plans, which--
       ``(A) shall address the health and substance use disorder 
     treatment needs of the infant and affected parent, including 
     parent and caregiver engagement, regarding available 
     treatment and service options and include resources available 
     for pregnant and postpartum women; and
       ``(B) may include activities such as--
       ``(i) developing policies, procedures, or protocols for the 
     administration or development of evidence-based and validated 
     screening tools for infants who may be affected by parental 
     substance use disorder and for pregnant and postpartum women 
     with a substance use disorder;
       ``(ii) improving assessments used to determine the needs of 
     the infant, parents, and family members, including kinship or 
     other caregivers;
       ``(iii) improving ongoing case management services;
       ``(iv) improving access to treatment services, which may be 
     initiated prior to the pregnant woman's delivery date;
       ``(v) keeping families safely together, to the greatest 
     extent possible;
       ``(vi) developing the notification pathway as an 
     alternative to a child maltreatment notification, as 
     described in section 402(c)(2); and
       ``(vii) developing procedures to engage health care 
     professionals who provide care for pregnant and postpartum 
     women and their infants to ensure the coordination of family 
     care plans.
       ``(2) Establishing partnerships, agreements, or memoranda 
     of understanding between the State lead agency and other 
     entities (including health professionals, health care 
     facilities, child welfare professionals, juvenile and family 
     court judges, substance use and mental disorder treatment 
     programs, early childhood education programs, maternal and 
     child health and early intervention professionals (including 
     home visiting providers), peer-to-peer recovery programs such 
     as parent mentoring programs, domestic violence agencies, and 
     housing agencies) to facilitate the successful development, 
     implementation, and monitoring of family care plans, 
     including development of plans prior to the expected delivery 
     of the infant, by--
       ``(A) developing a comprehensive, multi-disciplinary 
     assessment and intervention process for infants, pregnant 
     women, and their families who are affected by substance use 
     disorder that includes meaningful engagement with, and takes 
     into account the unique needs of, each family and addresses 
     differences between medically supervised substance use 
     (including for the treatment of substance use disorder) and a 
     substance use disorder;
       ``(B) ensuring that treatment approaches for serving 
     infants, and pregnant and postpartum women whose infants may 
     be affected by parental substance use disorder are designed 
     to, where appropriate, keep infants in the custody of their 
     mothers during both inpatient and outpatient treatment;
       ``(C) increasing access to all evidence-based medications, 
     behavioral therapy, and counseling services, for the 
     treatment of substance use disorders, as appropriate; and
       ``(D) increasing access to residential treatment programs 
     designed to keep infants with their parents during inpatient 
     residential treatment.
       ``(3) Developing policies, procedures, or protocols in 
     consultation and coordination with health professionals, 
     public and private health care facilities, and substance 
     abuse agencies to ensure that--
       ``(A) appropriate notification to the appropriate agency 
     determined by the Governor's office is made in a timely 
     manner, as required under section 402(c)(2);
       ``(B) a family care plan is in place, in accordance with 
     section 402(c)(3) before the infant is discharged from the 
     birth or health care facility; and
       ``(C) such health and related agency professionals are 
     educated on how to follow such protocols and are aware of the 
     supports that may be provided under a family care plan.
       ``(4) Educating health professionals and health system 
     leaders, early intervention professionals, child welfare 
     workers, substance abuse treatment agencies, and other 
     related professionals such as home visiting agency staff and 
     law enforcement in relevant topics, including--
       ``(A) the referral and process requirements for 
     notification to the appropriate agency as determined by the 
     Governor when child abuse or neglect reporting is not 
     mandated, including education on how such notification 
     pathway is distinct and separate from the pathway used in the 
     State to report child abuse and neglect;
       ``(B) the co-occurrence of pregnancy and substance use 
     disorder, and implications of prenatal exposure;
       ``(C) the evidence-based clinical guidance from nationally-
     recognized standard setting organizations about treating 
     substance use disorder in pregnant and postpartum women;
       ``(D) appropriate screening and interventions for infants 
     affected by parental substance use disorder and the 
     requirements section 402(c); and
       ``(E) appropriate multigenerational strategies to address 
     the mental health needs related to substance use disorder for 
     infants and their parents, families, or caregivers.
       ``(5) Developing and updating systems of technology for 
     improved data collection and monitoring of family care plans, 
     including existing electronic medical records, to measure the 
     outcomes achieved through the family care plans, including 
     monitoring systems to meet the requirements of this title and 
     submission of performance measures.
       ``(e) Reporting.--Each State that receives funds under this 
     section, for each year such funds are received, shall submit 
     a report to the Secretary that includes--
       ``(1) the impact of substance use disorder in such State, 
     including with respect to the substance or class of 
     substances with the highest incidence of abuse in the 
     previous year in such State, including--
       ``(A) the prevalence of substance use disorder in such 
     State;
       ``(B) the aggregate rate of births in the State of infants 
     affected by parental substance use disorder (as determined by 
     hospitals, insurance claims, claims submitted to the State 
     Medicaid program, or other records), if available and to the 
     extent practicable;
       ``(C) the number and percentage of infants identified, for 
     whom a family care plan was developed, and for whom a 
     referral was made for appropriate services;
       ``(D) the number and percentage of family care plans 
     developed prior to the expected delivery of an infant 
     affected by parental substance use disorder; and
       ``(E) the challenges the State faces in developing, 
     implementing, and monitoring family care plans in accordance 
     with section 402(c);

[[Page S5635]]

       ``(2) data disaggregated by geographic location, economic 
     status, race and ethnicity, except that such disaggregation 
     shall not be required if the results would reveal personally 
     identifiable information on, with respect to infants 
     identified under section 402(c)(2)--
       ``(A) the number who experienced removal associated with 
     parental substance use disorder;
       ``(B) the number who experienced removal and subsequently 
     are reunified with their parents, and the length of time 
     between such removal and reunification;
       ``(C) the number who are referred to community providers 
     without a child protection case;
       ``(D) the number who receive services while in the care of 
     their parents;
       ``(E) the number who receive post-reunification services 
     within 1 year after a reunification has occurred; and
       ``(F) the number who experienced a return to out-of-home 
     care within 1 year after reunification.
       ``(f) Secretary's Report to Congress.--The Secretary shall 
     submit an annual report to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on 
     Appropriations of the Senate and the Committee on Education 
     and Labor, the Committee on Appropriations of the House of 
     Representatives, and the Committee on Energy and Commerce of 
     the House of Representatives that includes the information 
     described in subsection (e) and recommendations or 
     observations on the challenges, successes, and lessons 
     derived from implementation of the grant program.
       ``(g) Evaluation.--The Secretary shall use the amount 
     reserved under subsection (b)(1)(A) to carry out an 
     independent evaluation to measure the effectiveness of the 
     program assisted under this section in--
       ``(1) developing comprehensive family care plans to support 
     the needs of infants, parents, families, and caregivers;
       ``(2) increasing access to treatment support and other 
     services for pregnant and postpartum women with a substance 
     use disorder and their children;
       ``(3) providing access to appropriate screening, 
     assessment, and intervention services for infants affected by 
     parental substance use disorder;
       ``(4) improving the capacity of health care professionals, 
     child welfare workers, and other personnel involved in the 
     development, implementation, and monitoring of family care 
     plans; and
       ``(5) safely reducing the number of infants who are placed 
     in out-of-home care.

     ``SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $60,000,000 for each of fiscal years 2023 through 
     2028.''.

                    TITLE LV--ADOPTION OPPORTUNITIES

     SEC. 5501. PURPOSE.

       Section 201 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 201. PURPOSE.'';

       (2) by striking subsection (a); and
       (3) in subsection (b)--
       (A) by striking the following:
       ``(b) Purpose.--'';
       (B) in the matter preceding paragraph (1), by striking 
     ``particularly'' and all that follows through ``, by 
     providing'' and inserting ``particularly for children facing 
     barriers to adoption, by providing'';
       (C) in paragraph (2), by striking ``and'' at the end;
       (D) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (E) by adding at the end the following:
       ``(4) support the development and implementation of 
     evidence-based and evidence-informed post-legal adoption 
     services for families that adopt children, in order to 
     increase permanency in adoptive placements; and
       ``(5) support the recruitment of racially and ethnically 
     diverse prospective foster and adoptive parents.''.

     SEC. 5502. DEFINITIONS.

       Title II of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 is amended by inserting after 
     section 201 (42 U.S.C. 5111) the following:

     ``SEC. 202. DEFINITIONS.

       ``In this title:
       ``(1) Child facing a barrier to adoption.--The term `child 
     facing a barrier to adoption' includes an older child, a 
     child who is a racial or ethnic minority, a child with a 
     disability, and a child or youth overrepresented in the 
     welfare system (as such term is defined under section 2 of 
     the Child Abuse Prevention and Treatment Act, as inserted by 
     section 5003 of the CAPTA Reauthorization Act of 2022).
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.''.

     SEC. 5503. INFORMATION AND SERVICES.

       Section 203 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Program Authorization.--
       ``(1) In general.--The Secretary shall meet the purpose of 
     this title by planning and coordinating all Department 
     activities related to adoption and foster care, including 
     programs and services to support--
       ``(A) the adoption of children facing barriers to adoption;
       ``(B) families considering adoption of such children; and
       ``(C) pre- and post-adoption services for families to 
     provide permanent, safe, and caring home environments for 
     children who would benefit from adoption.
       ``(2) Technical assistance.--The Secretary shall make 
     available such consultant services, on-site technical 
     assistance and personnel, together with payment of 
     appropriate administrative expenses as are necessary for 
     carrying out departmental activities described in paragraph 
     (1).'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``connection with'';
       (B) in paragraph (1), by striking ``and prepare'' and all 
     that follows and inserting the following: ``including--
       ``(A) adoption competency educational programming that 
     supports the mental health needs of adoptive families to 
     promote permanency, including the evaluation and updating of 
     such programming for child welfare and mental health 
     professionals; and
       ``(B) the development of information and educational 
     materials, regarding adoption, adoption assistance programs, 
     and post-legal adoption services, and dissemination of such 
     materials to all interested parties, public and private 
     agencies and organizations (including hospitals, health care 
     providers, and social services agencies), and governmental 
     bodies;'';
       (C) in paragraph (2)--
       (i) by striking ``conduct, directly'' and inserting 
     ``conduct (directly'';
       (ii) by striking ``private organizations, ongoing, 
     extensive recruitment efforts'' and inserting ``private 
     agencies or organizations) ongoing, extensive public 
     awareness and recruitment efforts'';
       (iii) by striking ``to promote the adoption of older 
     children, minority children, and children with special needs, 
     develop national public awareness efforts to unite'' and 
     inserting the following: ``to--
       ``(A) promote the adoption of children facing barriers to 
     adoption;
       ``(B) unite''; and
       (iv) by striking ``parents, and establish a coordinated 
     referral system of recruited families'' and inserting the 
     following: ``parents; and
       ``(C) establish a coordinated referral system of interested 
     families'';
       (D) in paragraph (3)--
       (i) by striking ``for (A) the'' and inserting the 
     following: ``for--
       ``(A) the'';
       (ii) by striking ``, utilizing computers and data 
     processing methods to assist in the location of children''; 
     and
       (iii) by striking ``and (B) the'' and inserting the 
     following: ``and
       ``(B) the'';
       (E) in paragraph (4)--
       (i) by striking ``groups and minority groups)'' and 
     inserting ``groups and organizations that represent families 
     who are racial or ethnic minorities)''; and
       (ii) by striking ``of minorities'' and inserting ``of 
     people who are racial or ethnic minorities'';
       (F) in paragraph (5), by striking ``corporations and'' and 
     inserting ``large and'';
       (G) in paragraph (7)--
       (i) by striking ``increase'' and inserting ``identify best 
     practices for'';
       (ii) by striking ``for the recruitment of'' and inserting 
     ``to recruit''; and
       (iii) by striking ``older children'' and all that follows 
     and inserting ``children facing barriers to adoption;'';
       (H) in paragraph (8), by striking ``in order'';
       (I) in paragraph (9)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Special Needs'' and inserting ``Children Facing Barriers 
     to'';
       (ii) in subparagraph (A), by inserting ``people who are 
     racial or ethnic'' before ``minorities'';
       (iii) in subparagraph (B), by striking ``with special 
     needs'' and inserting ``facing barriers to adoption''; and
       (iv) by striking subparagraph (D) and inserting the 
     following:
       ``(D) identify and disseminate best practices to reduce 
     adoption disruption and dissolution, and increase permanency, 
     including best practices related to pre- and post-adoption 
     services;'';
       (J) in paragraph (10)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``minority populations'' and inserting 
     ``racial or ethnic minorities'';
       (II) by striking ``minority children'' and inserting 
     ``children who are racial or ethnic minorities''; and
       (III) by striking ``minority families'' and inserting 
     ``racially and ethnically diverse families'';

       (ii) in subparagraph (A)--

       (I) in clause (ii), by striking ``, including'' and all 
     that follows and inserting a semicolon;
       (II) by redesignating clauses (iii) through (ix) as clauses 
     (iv) through (x), respectively;
       (III) by inserting after clause (ii) the following:

       ``(iii) developing and using procedures, including family 
     finding strategies, to notify family and relatives when a 
     child enters the child welfare system, and to identify such 
     family and relatives who are willing to adopt or provide a 
     permanent, safe, and caring home for such child to improve 
     permanency;'';

[[Page S5636]]

       (IV) in clause (vi), as so redesignated, by inserting ``, 
     including such groups for prospective kinship caregivers'' 
     before the semicolon;
       (V) in clause (vii), as so redesignated--

       (aa) in the matter preceding subclause (I), by striking 
     ``training of personnel'' and inserting ``professional 
     development on working with diverse cultural, racial, 
     linguistic, and socioeconomic communities, for personnel''; 
     and
       (bb) in subclause (III), by striking ``with experience'' 
     and all that follows and inserting a semicolon;

       (VI) in clause (ix), as so redesignated, by inserting ``, 
     including such groups for kinship caregivers'' before the 
     semicolon; and
       (VII) in clause (x), as so redesignated, by striking 
     ``Act'' and inserting ``title''; and

       (K) in paragraph (11)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``Indian Tribes, Tribal organizations,'' after ``States,'';
       (ii) in subparagraph (B), by striking ``and'' at the end;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) procedures to identify and support potential kinship 
     care arrangements.'';
       (3) in subsection (c)--
       (A) by striking the subsection heading and inserting the 
     following:
       ``(c) Services for Families Adopting Children Facing 
     Barriers to Adoption.--'';
       (B) in paragraph (1), by striking ``special needs 
     children'' and inserting ``children facing barriers to 
     adoption''; and
       (C) in paragraph (2)(G), by inserting ``, including such 
     parents, children, and siblings in kinship care 
     arrangements'' before the semicolon;
       (4) in subsection (d)--
       (A) by striking the subsection heading and inserting the 
     following:
       ``(d) Improving Placement Rate of Children in Foster Care 
     and Improving Post-adoption Services.--'';
       (B) in paragraph (1), by inserting ``including through the 
     improvement of post-adoption services,'' after ``adoption,'';
       (C) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in clause (i), by inserting ``, including plans to 
     assess the need for and provide post-adoption services in 
     order to improve permanency'' before the semicolon;
       (II) in clause (ii), by striking ``older children'' and all 
     that follows and inserting ``children facing barriers to 
     adoption, who are legally free for adoption;''; and
       (III) in clause (iv), by striking ``section 473'' and all 
     that follows and inserting ``subpart 2 of part B of title IV 
     of the Social Security Act (42 U.S.C. 629 et seq.) and part E 
     of such title IV (42 U.S.C. 670 et seq.).''; and

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``older children'' and all 
     that follows through ``special needs,'' and inserting 
     ``children facing barriers to adoption;''; and
       (II) in clause (ii), by striking ``successful'' and 
     inserting ``evidence-based and evidence-informed''; and

       (D) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) by striking the first sentence; and
       (II) in the last sentence, by striking ``section 205(a)'' 
     and inserting ``section 206(a)''; and

       (ii) in subparagraph (B), by striking ``this Act'' and 
     inserting ``this title''; and
       (5) in subsection (e)(1), by inserting before the period at 
     the end the following: ``, such as through the use of an 
     electronic interstate case processing system''.

     SEC. 5504. STUDIES AND REPORTS.

       Section 204 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended to 
     read as follows:

     ``SEC. 204. STUDIES AND REPORTS.

       ``(a) Report on the Outcomes of Individuals Who Were 
     Adopted From Foster Care.--Not later than 2 years after the 
     date of enactment of the CAPTA Reauthorization Act of 2022, 
     the Secretary shall prepare and submit 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 research and data regarding--
       ``(1) the outcomes of individuals who were adopted from 
     foster care as children; and
       ``(2) a summary of the post-adoption services available to 
     families that adopted children from foster care regarding the 
     extent to which such services are evidence-based or evidence-
     informed.
       ``(b) Report on Adoption Disruption and Dissolution.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the CAPTA Reauthorization Act of 2022, the 
     Secretary shall prepare and submit 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 children who enter into foster 
     care under the supervision of a State after prior 
     finalization of an adoption or legal guardianship, including 
     adoptions of foster youth and international adoptions.
       ``(2) Information.--The Secretary shall include in such 
     report information, to the extent that such information is 
     available through the Adoption and Foster Care Analysis and 
     Reporting System and other data sources, regarding the 
     incidence of adoption disruption and dissolution impacting 
     children described in paragraph (1) and factors associated 
     with such circumstances, including--
       ``(A) whether affected individuals received pre- or post-
     legal adoption services; and
       ``(B) other relevant information, such as the age of the 
     child involved.''.

     SEC. 5505. UNREGULATED CUSTODY TRANSFERS.

       Title II of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is 
     amended--
       (1) by redesignating section 205 (42 U.S.C. 5115) as 
     section 206; and
       (2) by inserting after section 204 the following:

     ``SEC. 205. SENSE OF CONGRESS, TECHNICAL ASSISTANCE, AND 
                   REPORT ON UNREGULATED CUSTODY TRANSFERS.

       ``(a) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) there are challenges associated with some adoptions 
     (including the child's mental health needs and the 
     difficulties many families face in accessing support 
     services) and some families may seek out an unregulated 
     transfer of physical custody of an adoptive child without any 
     formal supervision by child welfare agencies or courts;
       ``(2) some adopted children experience trauma, and the 
     disruption and placement in another home due to such a 
     transfer may contribute to additional trauma and instability 
     for such children;
       ``(3) unregulated custody transfer may not include certain 
     safety measures that are required as part of formal adoption 
     proceedings, such as required child welfare or criminal 
     background checks or clearances;
       ``(4) child welfare agencies and courts may be unaware of 
     the placement of children through unregulated custody 
     transfers and, as a result, may not conduct assessments on 
     children's safety and well-being in such subsequent 
     placements;
       ``(5) the lack of such assessments may result in the 
     placement of children in homes in which the children may be 
     exposed to unsafe environments;
       ``(6) the caregivers with whom a child is placed through an 
     unregulated custody transfer may have no legal responsibility 
     with respect to such child and may not have complete records, 
     including the child's birth, medical, or other records, with 
     respect to such child;
       ``(7) a child adopted through intercountry adoption may be 
     at risk of not acquiring United States citizenship if an 
     unregulated custody transfer occurs before the adoptive 
     parents complete all necessary steps to finalize the adoption 
     of such child; and
       ``(8) unregulated custody transfers pose significant 
     challenges for children who experience such transfers.
       ``(b) Definition.--For the purpose of this section, the 
     term `unregulated custody transfer' means the abandonment of 
     a child, by the child's parent or legal guardian, or a person 
     or entity acting on behalf, and with the consent, of such 
     parent or guardian--
       ``(1) by placing the child with a person who is not--
       ``(A) the child's parent, stepparent, grandparent, adult 
     sibling, legal guardian, or other adult relative;
       ``(B) a friend of the family who is an adult and with whom 
     the child is familiar; or
       ``(C) a member of the federally recognized Indian Tribe of 
     which the child is also a member;
       ``(2) with the intent of severing the relationship between 
     the child and the parent or guardian of such child; and
       ``(3) without--
       ``(A) reasonably ensuring the safety of the child and 
     permanency of the placement of the child, including by 
     conducting an official home study, background check, and 
     supervision; and
       ``(B) transferring the legal rights and responsibilities of 
     parenthood or guardianship under applicable Federal and State 
     law to a person described in subparagraph (A), (B), or (C) of 
     paragraph (1).
       ``(c) Technical Assistance and Public Awareness.--The 
     Secretary, in coordination with the heads of other relevant 
     Federal agencies--
       ``(1) shall improve public awareness related to preventing 
     adoption disruption and dissolution, including preventing 
     unregulated custody transfers of adopted children; and
       ``(2) in carrying out paragraph (1), shall update Federal 
     resources, including internet websites, to provide--
       ``(A) employees of State, local, and Tribal agencies that 
     provide child welfare services with educational materials 
     related to preventing, identifying, and responding to 
     unregulated custody transfers; and
       ``(B) prospective adoptive families with information on 
     pre-adoption education and post-adoption services from State, 
     local, and private resources to promote child permanency.
       ``(d) Report to Congress.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the CAPTA Reauthorization Act of 2022, the 
     Secretary, in consultation with the Secretary of State, shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Finance of the 
     Senate, and the Committee on Education and Labor and the 
     Committee on Ways and Means of the House of Representatives, 
     a report on unregulated custody transfers of children, 
     including of adopted children.
       ``(2) Elements.--The report required under paragraph (1) 
     shall include--
       ``(A) information on the causes, methods, and 
     characteristics of unregulated custody

[[Page S5637]]

     transfers, including the use of social media and the 
     internet;
       ``(B) information on the effects of unregulated custody 
     transfer on children, including the effects of the lack of 
     assessment of a child's safety and well-being by social 
     services agencies and courts due to such unregulated custody 
     transfer;
       ``(C) data on the prevalence of unregulated custody 
     transfers within each State and across all States;
       ``(D) recommended policies for preventing, identifying, and 
     responding to unregulated custody transfers, including of 
     adopted children, that include--
       ``(i) suggested changes or updates to Federal and State law 
     to address unregulated custody transfers;
       ``(ii) suggested changes or updates to child protection 
     practices to address unregulated custody transfers; and
       ``(iii) methods of providing to the public information 
     regarding adoption and child protection; and
       ``(E) a description of the activities carried out under 
     subsection (c).''.

     SEC. 5506. AUTHORIZATION OF APPROPRIATIONS.

       Section 206 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5115), as redesignated 
     by section 5505(1), is further amended--
       (1) in subsection (a)--
       (A) by striking ``$40,000,000 for fiscal year 2010'' and 
     inserting ``$44,000,000 for fiscal year 2023'';
       (B) by striking ``fiscal years 2011 through 2015'' and 
     inserting ``fiscal years 2024 through 2028''; and
       (C) by striking ``this subtitle'' and inserting ``this 
     title'';
       (2) in subsection (b), by striking ``30'' and inserting 
     ``35''; and
       (3) in subsection (c)--
       (A) by striking ``this Act'' and inserting ``this title''; 
     and
       (B) by striking ``they'' and inserting ``the funds''.

 TITLE LVI--FAMILY VIOLENCE PREVENTION AND SERVICES IMPROVEMENT ACT OF 
                                  2022

     SEC. 5601. SHORT TITLE; REFERENCES IN TITLE.

       (a) Short Title.--This title may be cited as the ``Family 
     Violence Prevention and Services Improvement Act of 2022''.
       (b) References.--Except as otherwise specified, amendments 
     made by this title to a section or other provision of law are 
     amendments to such section or other provision of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10401 et 
     seq.).

     SEC. 5602. PURPOSE.

       Subsection (b) of section 301 (42 U.S.C. 10401) is amended 
     to read as follows:
       ``(b) Purpose.--It is the purpose of this title to improve 
     services and interventions for victims of family violence, 
     domestic violence, and dating violence and to advance primary 
     and secondary prevention of family violence, domestic 
     violence, and dating violence by--
       ``(1) assisting States (including territories) and Indian 
     Tribes in supporting local programs to provide accessible, 
     trauma-informed, culturally relevant residential and non-
     residential services to victims and their children and 
     dependents;
       ``(2) strengthening the capacity of Indian Tribes to 
     exercise their sovereign authority to respond to violence 
     specified in this subsection and committed against Indians;
       ``(3) providing for a network of resource centers to 
     support effective policy, practice, research, and cross-
     system collaboration to improve prevention, intervention and 
     response efforts throughout the country;
       ``(4) supporting the efforts of State (including 
     territorial) and Tribal coalitions to--
       ``(A) address the needs of victims and their children and 
     dependents, including those who are underserved;
       ``(B) implement effective coordinated community and systems 
     responses; and
       ``(C) promote ongoing public education and community 
     engagement;
       ``(5) maintaining national domestic violence hotlines, 
     including a national Indian domestic violence hotline; and
       ``(6) supporting the development and implementation of 
     evidence-informed, coalition-led, and community-based primary 
     prevention approaches and programs.''.

     SEC. 5603. DEFINITIONS.

       Section 302 (42 U.S.C. 10402) is amended--
       (1) in the matter preceding paragraph (1), by striking ``In 
     this title:'' and inserting the following:
       ``(a) In General.--In this title:'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Child.--The term `child' means an individual who is 
     younger than age 18.'';
       (3) by striking paragraphs (3) and (4);
       (4) by--
       (A) redesignating paragraphs (13) and (14) as paragraphs 
     (21) and (22), respectively;
       (B) redesignating paragraphs (7) through (12) as paragraphs 
     (13) and (15) through (19), respectively; and
       (C) redesignating paragraphs (5) and (6) as paragraphs (9) 
     and (11), respectively;
       (5) by inserting after paragraph (2) the following:
       ``(3) Dating partner.--The term `dating partner' has the 
     meaning given such term in section 40002(a) of the Violence 
     Against Women Act of 1994 (34 U.S.C. 12291(a)).
       ``(4) Dating violence.--The term `dating violence' has the 
     meaning given such term in section 40002(a) of the Violence 
     Against Women Act of 1994 (34 U.S.C. 12291(a)).
       ``(5) Digital services.--The term `digital services' means 
     services, resources, information, support, or referrals that 
     are provided through electronic communications platforms and 
     media (which may include mobile phone technology, video 
     technology, computer technology (including use of the 
     internet), and any other emerging communications technologies 
     that are appropriate for the purposes of providing services, 
     resources, information, support, or referrals for the benefit 
     of victims of family violence, domestic violence, or dating 
     violence) and that are in accessible formats, including 
     formats compliant with the most recent Web Content 
     Accessibility Guidelines of the World Wide Web Consortium, or 
     successor guidelines as applicable.
       ``(6) Disability.--The term `disability' has the meaning 
     given the term in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102).
       ``(7) Domestic violence.--The term `domestic violence' has 
     the meaning given such term in section 40002(a) of the 
     Violence Against Women Act of 1994 (34 U.S.C. 12291(a)).
       ``(8) Family violence.--The term `family violence' means 
     any act, threatened act, or pattern of acts of physical or 
     sexual violence, stalking, harassment, psychological abuse, 
     economic abuse, technological abuse, or any other form of 
     abuse, including threatening to commit harm against children 
     or dependents or other members of the household of the 
     recipient of the threat for the purpose of coercion, 
     threatening, or causing harm, directed against a person 
     (including an elderly person) who is--
       ``(A) related by blood or marriage to the person committing 
     such an act (including a threatened act or pattern of acts);
       ``(B) a dating partner or other person similarly situated 
     to a dating partner under the laws of the jurisdiction;
       ``(C) a person who is cohabitating with or has cohabitated 
     with the person committing such an act (including a 
     threatened act or pattern of acts);
       ``(D) a current or former spouse or other person similarly 
     situated to a spouse under the laws of the jurisdiction;
       ``(E) a person who shares a child or dependent in common 
     with the person committing such an act; or
       ``(F) any other person who is protected from any such act 
     under the domestic or family violence laws, policies, or 
     regulations of the jurisdiction.'';
       (6) by amending paragraph (9), as so redesignated, to read 
     as follows:
       ``(9) Indian; indian tribe; tribal organization.--The terms 
     `Indian', `Indian Tribe', and `Tribal organization' have the 
     meanings given such terms in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304).'';
       (7) by inserting after paragraph (9), as so redesignated, 
     the following:
       ``(10) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).'';
       (8) by amending paragraph (11), as so redesignated, to read 
     as follows:
       ``(9) Native hawaiian; native hawaiian organization.--The 
     terms `Native Hawaiian' and `Native Hawaiian organization' 
     have the meanings given such terms in section 6207 of the 
     Native Hawaiian Education Act (20 U.S.C. 7517).'';
       (9) in paragraph (13), as so redesignated, by striking ``42 
     U.S.C. 13925(a)'' and inserting ``34 U.S.C. 12291(a)'';
       (10) by inserting after paragraph (11), as so redesignated, 
     the following:
       ``(12) Population specific services.--The term `population 
     specific services' has the meaning given such term in section 
     40002(a) of the Violence Against Women Act (34 U.S.C. 
     12291(a)).'';
       (11) by inserting after paragraph (13), as so redesignated, 
     the following:
       ``(14) Racial and ethnic minority population.--The term 
     `racial and ethnic minority population' includes each group 
     listed in the definition of such term in section 1707(g) of 
     the Public Health Service Act (42 U.S.C. 300u-6(g)).'';
       (12) by amending paragraph (16), as so redesignated, to 
     read as follows:
       ``(16) Shelter.--The term `shelter' means the provision of 
     temporary refuge and basic necessities, in conjunction with 
     supportive services, provided on a regular basis, in 
     compliance with applicable State (including territorial), 
     Tribal, or local law to victims of family violence, domestic 
     violence, or dating violence, and their children and 
     dependents. Such law includes regulations governing the 
     provision of safe homes and other forms of secure temporary 
     lodging, meals, or supportive services (including providing 
     basic necessities) to victims of family violence, domestic 
     violence, or dating violence, and their children and 
     dependents.'';
       (13) in paragraph (18), as so redesignated--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, designated by the Secretary,'' after ``organization''; 
     and
       (B) in subparagraph (C), by striking ``dependents'' and 
     inserting ``children and dependents'';
       (14) in paragraph (19), as so redesignated, by striking 
     ``dependents'' each place it appears and inserting ``children 
     and dependents'';
       (15) by inserting after paragraph (19), as so redesignated, 
     the following:
       ``(20) Tribal domestic violence coalition.--The term 
     `Tribal Domestic Violence Coalition' means an established 
     nonprofit,

[[Page S5638]]

     nongovernmental Indian organization recognized by the Office 
     on Violence Against Women of the Department of Justice that--
       ``(A) provides education, support, and technical assistance 
     to member Indian service providers in a manner that enables 
     the member providers to establish and maintain culturally 
     appropriate services, including shelter and supportive 
     services designed to assist Indian victims of family 
     violence, domestic violence, or dating violence and the 
     children and dependents of such victims; and
       ``(B) is comprised of members who are representative of--
       ``(i) the member service providers described in 
     subparagraph (A); and
       ``(ii) the Tribal communities in which the services are 
     being provided.'';
       (16) in paragraph (21), as so redesignated--
       (A) by striking ``tribally'' and inserting ``Tribally'';
       (B) by striking ``tribal'' and inserting ``Tribal''; and
       (C) by striking ``tribe'' each place it appears and 
     inserting ``Tribe''; and
       (17) by adding at the end the following:
       ``(23) Youth.--The term `youth' has the meaning given such 
     term in section 40002(a) of the Violence Against Women Act of 
     1994 (34 U.S.C. 12291(a)).
       ``(b) Rule of Construction.--In this title, any use of the 
     term `family violence', `domestic violence', or `dating 
     violence' shall be treated as a reference to each of the 
     terms `family violence', `domestic violence', and `dating 
     violence'.''.

     SEC. 5604. GRANT CONDITIONS.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is amended by inserting after section 302 the 
     following:

     ``SEC. 302A. GRANT CONDITIONS.

       ``(a) Discrimination Prohibited.--
       ``(1) Application of civil rights provisions.--Programs and 
     activities funded in whole or in part with funds made 
     available under this title are considered to be programs and 
     activities receiving Federal financial assistance for the 
     purpose of Federal laws relating to discrimination in 
     programs or activities. Subject to paragraph (2), entities 
     that carry out programs and activities funded in whole or in 
     part with funds made available under this title shall not 
     discriminate on the bases described in section 
     40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 
     U.S.C. 12291(b)(13)(A)).
       ``(2) Application.--Section 40002(b)(13)(B) of the Violence 
     Against Women Act of 1994 (34 U.S.C. 12291(b)(13)(B)) shall 
     apply to any program or activity funded in whole or in part 
     with funds made available under this title.
       ``(3) Enforcement authority.--
       ``(A) Secretary.--
       ``(i) In general.--The Secretary shall enforce the 
     provisions of paragraph (1) in accordance with section 602 of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d-1). Section 603 
     of such Act (42 U.S.C. 2000d-2) shall apply with respect to 
     any action taken by the Secretary to enforce paragraph (1) 
     regardless of the basis for the discrimination described in 
     paragraph (1).
       ``(ii) Referral to the attorney general for civil action.--
     Whenever the Secretary has reason to believe that a State, an 
     Indian Tribe, or another entity receiving funds under this 
     title has failed to comply with a provision of law referred 
     to in paragraph (1), the Secretary may refer the matter to 
     the Attorney General with a recommendation that an 
     appropriate civil action be instituted.
       ``(B) Attorney general.--When a matter is referred to the 
     Attorney General under subparagraph (A)(ii) or whenever the 
     Attorney General has reason to believe that a State, an 
     Indian Tribe, or another entity receiving funds under this 
     title is engaged in a pattern or practice in violation of a 
     provision of law referred to in paragraph (1), the Attorney 
     General may bring a civil action in any appropriate district 
     court of the United States for such relief as may be 
     appropriate, including injunctive relief.
       ``(4) Construction.--This subsection shall not be construed 
     as affecting any legal remedy provided under any other 
     provision of law.
       ``(b) Nondisclosure of Confidential Information.--
       ``(1) In general.--In order to ensure the safety of adult, 
     youth, and child victims of family violence, domestic 
     violence, or dating violence, and their families, grantees 
     and subgrantees under this title shall protect the 
     confidentiality and privacy of persons receiving assistance 
     or services.
       ``(2) Nondisclosure.--Subject to paragraphs (3) through 
     (5), the requirements under subparagraphs (A) through (H) of 
     section 40002(b)(2) of the Violence Against Women Act of 1994 
     (34 U.S.C. 12291(b)(2)) shall apply to grantees and 
     subgrantees under this title in the same manner such 
     requirements apply to grantees and subgrantees under such 
     Act.
       ``(3) Oversight.--Nothing in this subsection shall prevent 
     the Secretary from disclosing grant activities authorized in 
     this title to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives pursuant to the 
     exercise of congressional oversight authority. In making all 
     such disclosures, the Secretary shall protect the 
     confidentiality of individuals and omit personally 
     identifying information, including location information about 
     individuals and shelter facilities.
       ``(4) Preemption.--Nothing in this subsection shall be 
     construed to supersede any provision of any Federal, State, 
     Tribal, or local law that provides greater protection than 
     this subsection for victims of family violence, domestic 
     violence, or dating violence.
       ``(5) Confidentiality of location.--The address or location 
     of any shelter facility assisted under this title that 
     otherwise maintains a confidential location shall, except 
     with written authorization of the person or persons 
     responsible for the operation of such shelter, not be made 
     public.
       ``(c) Income Eligibility Standards.--No income eligibility 
     standard may be imposed upon persons with respect to 
     eligibility for assistance or services supported with funds 
     under this title. No fees may be levied for assistance or 
     services provided with funds under this title.
       ``(d) Supplement Not Supplant.--Federal funds made 
     available to a State or Indian Tribe under this title shall 
     be used to supplement and not supplant any Federal, State, 
     Tribal, and local public funds expended to provide services 
     and activities that promote the objectives of this title.''.

     SEC. 5605. AUTHORIZATION OF APPROPRIATIONS.

       The Act is amended by repealing section 303 (42 U.S.C. 
     10403) and inserting the following:

     ``SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out sections 301 through 312 and 313C, other than 
     section 304(c), $270,000,000 for each of fiscal years 2023 
     through 2028.
       ``(2) Reservations for grants to tribes.--Of the amounts 
     appropriated under paragraph (1) for a fiscal year, not less 
     than 12.5 percent shall be reserved and used to carry out 
     section 309.
       ``(3) Formula grants to states.--Of the amounts 
     appropriated under paragraph (1) for a fiscal year and not 
     reserved under paragraph (2) (referred to in this subsection 
     as the `remainder'), not less than 70 percent shall be used 
     for making grants under section 306(a).
       ``(4) Resource centers.--Of the remainder, not less than 6 
     percent shall be used to carry out section 310.
       ``(5) Grants for state and tribal domestic violence 
     coalitions.--Of the remainder--
       ``(A) not less than 10 percent shall be used to carry out 
     section 311; and
       ``(B) not less than 3 percent shall be used to carry out 
     section 311A.
       ``(6) Specialized services.--Of the remainder, not less 
     than 5 percent shall be used to carry out section 312.
       ``(7) Culturally specific services.--Of the remainder, not 
     less than 2.5 percent shall be used to carry out section 
     313C.
       ``(8) Administration, evaluation, and monitoring.--Of the 
     remainder, not more than 3.5 percent shall be used by the 
     Secretary for evaluation, monitoring, and other 
     administrative costs under this title.
       ``(b) National Domestic Violence Hotline.--There is 
     authorized to be appropriated to carry out section 313 
     $14,000,000 for each of fiscal years 2023 through 2028.
       ``(c) National Indian Domestic Violence Hotline.--There is 
     authorized to be appropriated to carry out section 313A 
     $4,000,000 for each of fiscal years 2023 through 2028.
       ``(d) Domestic Violence Prevention Enhancement and 
     Leadership.--There is authorized to be appropriated to carry 
     out section 314 $26,000,000 for each of fiscal years 2023 
     through 2028.
       ``(e) Grants for Underserved Populations.--There is 
     authorized to be appropriated to carry out section 313B 
     $10,000,000 for each of fiscal years 2023 through 2028.
       ``(f) Evaluation.--There is authorized to be appropriated 
     to carry out subsection 304(c) $3,500,000 for each of fiscal 
     years 2023 through 2028.''.

     SEC. 5606. AUTHORITY OF SECRETARY.

       Section 304 (42 U.S.C. 10404) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by inserting ``or institutions of 
     higher education,'' after ``nongovernmental entities'';
       (B) in paragraph (4)--
       (i) by striking ``CAPTA Reauthorization Act of 2010'' and 
     inserting ``Family Violence Prevention and Services 
     Improvement Act of 2022''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (5)--
       (i) by inserting ``, intervene in, or respond to'' after 
     ``prevent'';
       (ii) by striking ``or the'' and inserting ``, including 
     the''; and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (D) by adding at the end the following:
       ``(6) provide for flexibilities in the terms for grants and 
     other agreements and waive program requirements (including 
     match requirements under section 306(c)(2)) reasonably 
     necessary to provide relief for grantees and subgrantees and 
     ensure continuity of program activities, during and in 
     response to--
       ``(A) 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);
       ``(B) an emergency declared by the President under section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191);
       ``(C) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act (42 
     U.S.C. 247d); or

[[Page S5639]]

       ``(D) other circumstances that would, as determined by the 
     Secretary, result in serious hardship or an inability to 
     carry out such program activities.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``family violence'' and 
     all that follows through the semicolon and inserting 
     ``prevention of, intervention in, and response to family 
     violence, domestic violence, and dating violence;'';
       (B) in paragraph (2), by striking ``prevention and 
     treatment of'' inserting ``prevention of, intervention in, 
     and response to''; and
       (C) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``intervention in and prevention of'' and inserting 
     ``prevention of, intervention in, and response to'';
       (ii) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon; and
       (iii) by adding after subparagraph (C) the following:
       ``(D) making grants to eligible entities or entering into 
     contracts with for-profit or nonprofit nongovernmental 
     entities or institutions of higher education to conduct 
     family violence, domestic violence, or dating violence 
     research or evaluation, including by supporting demonstration 
     or discretionary projects (including evaluation projects) in 
     response to current and emerging issues related to prevention 
     of, intervention in, and response to violence specified in 
     this subparagraph; and'';
       (3) by redesignating subsection (c) as subsection (d);
       (4) by inserting after subsection (b) the following:
       ``(c) Evaluation.--In addition to program evaluation 
     otherwise required or permitted under this title, the 
     Secretary may, including through the use of grants, 
     cooperative agreements, or contracts, conduct program 
     evaluation.''; and
       (5) in subsection (d), as so redesignated--
       (A) by striking ``2'' and inserting ``5''; and
       (B) by striking ``section 306(d)'' each place it appears 
     and inserting ``this title''.

     SEC. 5607. ALLOTMENT OF FUNDS.

       Section 305 (42 U.S.C. 10405) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--From the sums appropriated under section 
     303 and available for grants to States under section 306(a) 
     for any fiscal year, each State (including Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands) shall be allotted for a 
     grant under section 306(a), $600,000, with the remaining 
     funds to be allotted to each State (other than Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands) in an amount that bears the 
     same ratio to such remaining funds as the population of such 
     State bears to the population of all such States (excluding 
     Guam, American Samoa, the United States Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands).'';
       (2) in subsection (e), by striking ``under section 314'' 
     each place it appears and inserting ``under this title''; and
       (3) by striking subsection (f).

     SEC. 5608. FORMULA GRANTS TO STATES.

       Section 306 (42 U.S.C. 10406) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``dependents'' and 
     inserting ``children and dependents''; and
       (B) in paragraph (3)--
       (i) by inserting ``and youth'' after ``children''; and
       (ii) by inserting ``Indians, members of Indian Tribes, or'' 
     after ``who are''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (5)'' and 
     inserting ``section 302A'';
       (B) by striking paragraphs (2), (3), (5), and (6);
       (C) by redesignating paragraph (4) as paragraph (2); and
       (D) in paragraph (2), as so redesignated--
       (i) by striking ``No grant'' and inserting ``Except as 
     provided in section 304(a)(6), no grant''; and
       (ii) by striking ``Indian tribe'' and inserting ``Indian 
     Tribe''.

     SEC. 5609. STATE APPLICATION.

       Section 307 (42 U.S.C. 10407) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``tribally'' and inserting ``Tribally''; 
     and
       (ii) by adding ``For purposes of section 2007(c)(3) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10446(c)(3)), a State's application under this paragraph 
     shall be deemed to be a `State plan'.'' at the end; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``provide a description of'' and inserting 
     ``describe''; and
       (II) by striking ``306(c)'' and inserting ``302A, 
     306(c),'';

       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) provide, with respect to funds described in paragraph 
     (1)--
       ``(i) assurances that--

       ``(I) not more than 5 percent of such funds will be used 
     for administrative costs; and
       ``(II) the remaining funds will be distributed to eligible 
     entities as described in section 308(a) for approved 
     activities as described in section 308(b); and

       ``(ii) a description of how the State, in the distribution 
     of funds under section 308(a), will give special emphasis to 
     the support of community-based projects of demonstrated 
     effectiveness, that are carried out by nonprofit private 
     organizations and that--

       ``(I) have as their primary purpose the provision of 
     shelter for victims of family violence, domestic violence, 
     and dating violence, and their children and dependents; or
       ``(II) provide counseling, advocacy, and self-help services 
     to victims of family violence, domestic violence, and dating 
     violence, and their children and dependents;'';

       (iii) in subparagraph (C)--

       (I) by inserting ``describe how,'' before ``in the case 
     of''; and
       (II) by striking ``provide an assurance that there will 
     be'' and inserting the following: ``the State will--

       ``(i) ensure''; and

       (III) by inserting ``and'' after the semicolon;

       (iv) in subparagraph (D)--

       (I) by striking ``in the case of an application submitted 
     by a State, provide an assurance that the State will'';
       (II) by striking ``planning and monitoring'' and inserting 
     ``planning, coordination, and monitoring'';
       (III) by striking ``and the administration of the grant 
     programs and projects'' and inserting ``, the administration 
     of the grant programs and projects, and the establishment of 
     a set of service standards and best practices for grantees, 
     including service standards and best practices with cultural 
     and legal relevance for Indian Tribes and cultural relevance 
     for racial and ethnic minority populations''; and
       (IV) by redesignating subparagraph (D) as clause (ii) and 
     indenting appropriately;

       (v) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (D), (E), and (F), respectively;
       (vi) in subparagraph (D), as so redesignated, by striking 
     ``to underserved populations'' and all that follows through 
     the semicolon and inserting ``for individuals from racial and 
     ethnic minority populations, Tribal populations, and other 
     underserved populations, in the State planning process, and 
     how the State plan addresses the unmet needs of populations 
     described in this subparagraph, including an assurance the 
     State or Indian Tribe will disseminate information about the 
     resource centers authorized under section 310;'';
       (vii) in subparagraphs (D), (E), and (F), as so 
     redesignated, by striking ``Indian tribe'' each place it 
     appears and inserting ``Indian Tribe'';
       (viii) in subparagraph (F), as so redesignated, by striking 
     ``tribally'' and inserting ``Tribally'';
       (ix) by inserting after subparagraph (F), as so 
     redesignated, the following:
       ``(G) describe how activities and services provided by the 
     State or Indian Tribe, including shelter, are designed and 
     delivered to promote trauma-informed care, autonomy, and 
     privacy for victims of family violence, domestic violence, 
     and dating violence, and their children and dependents;''; 
     and
       (x) in subparagraph (H)--

       (I) by striking ``tribe'' and inserting ``Tribe''; and
       (II) by inserting ``, remove, or exclude'' after ``bar''; 
     and

       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``tribe'' each place it 
     appears and inserting ``Tribe''; and
       (B) in paragraph (3)--
       (i) in the heading, by striking ``tribal'' and inserting 
     ``Tribal'';
       (ii) by striking ``Indian tribes'' each place such term 
     appears and inserting ``Indian Tribes''; and
       (iii) by striking ``section 306(c)'' and inserting 
     ``sections 302A and 306(c)''.

     SEC. 5610. SUBGRANTS AND USES OF FUNDS.

       Section 308 (42 U.S.C. 10408) is amended--
       (1) in subsection (a)--
       (A) by striking ``that is designed'' and inserting ``that 
     are designed''; and
       (B) by striking ``dependents'' and inserting ``children and 
     dependents'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``developing safety 
     plans'' and inserting ``safety planning'';
       (ii) in subparagraph (E), by inserting ``, including for 
     racial and ethnic minority populations and persons with 
     disabilities'' before the semicolon;
       (iii) by redesignating subparagraphs (F) through (H) as 
     subparagraphs (G) through (I), respectively;
       (iv) by inserting after subparagraph (E) the following:
       ``(F) provision of shelter and supportive services to 
     underserved populations;'';
       (v) in subparagraph (H), as so redesignated--

       (I) in clause (i), by striking ``Federal and State'' and 
     inserting ``Federal, State, and local'';
       (II) in clause (iii), by striking ``, alcohol, and drug 
     abuse treatment'' and inserting ``and substance use disorder 
     services'';
       (III) in clause (v), by striking ``; and'' and inserting a 
     semicolon;
       (IV) by redesignating clause (vi) as clause (viii);
       (V) by inserting after clause (v) the following:

       ``(vi) language assistance, including translation of 
     written materials, telephonic, digital, and in-person 
     interpreter services, for victims with limited English 
     proficiency or

[[Page S5640]]

     victims with disabilities, including persons who are deaf or 
     hard of hearing;
       ``(vii) services described in this subparagraph, provided 
     in a manner that allows for the full participation of victims 
     with disabilities, including providing information in 
     alternative formats; and''; and

       (VI) in clause (viii), as so redesignated, by striking ``; 
     and'' and inserting a semicolon;

       (vi) in subparagraph (I), as so redesignated, by striking 
     the period at the end and inserting a semicolon; and
       (vii) by adding at the end the following:
       ``(J) partnerships that enhance the design and delivery of 
     services to victims and their children and dependents; and
       ``(K) accessibility improvements, including to physical 
     structures or to transportation, communication, or digital 
     services.'';
       (B) in paragraph (2)--
       (i) by striking ``for the primary purpose of providing'' 
     and inserting ``whose primary purpose is to provide'';
       (ii) by inserting ``for the provision of such shelter and 
     services, as described in paragraph (1)(A),'' before ``to 
     adult and'';
       (iii) by striking ``their dependents, as described in 
     paragraph (1)(A)'' and inserting ``their children and 
     dependents'';
       (iv) by striking ``supportive services and prevention 
     services'' and inserting ``supportive services or prevention 
     services''; and
       (v) by striking ``through (H)'' and inserting ``through 
     (I)'';
       (C) by striking ``dependents'' each place it appears (other 
     than in paragraph (1)(J)) and inserting ``children and 
     dependents''; and
       (D) by adding at the end the following:
       ``(3) Sense of congress regarding use of funds for removal 
     of architectural barriers to accessibility.--It is the sense 
     of Congress that--
       ``(A) individuals with disabilities experience family 
     violence, domestic violence, and dating violence at 
     disproportionate rates; and
       ``(B) shelter facilities are often not equipped to provide 
     effective services to individuals with disabilities, which 
     can act as an impediment to victims seeking and receiving 
     services.'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``a local public agency, or'';
       (ii) by striking ``dependents'' and inserting ``children 
     and dependents''; and
       (iii) by striking ``tribal organizations, and voluntary 
     associations),'' and inserting ``Tribal organizations, and 
     voluntary associations) or a local public agency''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) an organization whose primary purpose is to provide 
     culturally specific services to racial and ethnic minority 
     populations, Tribal communities, or other underserved 
     populations, that--
       ``(A) has the capacity to provide, but may not have a 
     documented history of work concerning, assistance to victims 
     of family violence, domestic violence, or dating violence, 
     and their children and dependents; and
       ``(B) is in partnership with an organization described in 
     paragraph (1).''; and
       (4) by amending subsection (d) to read as follows:
       ``(d) Conditions.--Participation in supportive services 
     under this title shall be voluntary. Receipt of the benefits 
     of shelter described in subsection (b)(1)(A) shall not be 
     conditioned upon the participation of the adult or youth, or 
     their children or dependents, in any or all of the supportive 
     services offered under this title.''.

     SEC. 5611. GRANTS FOR INDIAN TRIBES.

       Section 309 (42 U.S.C. 10409) is amended--
       (1) in subsection (a)--
       (A) by striking ``42 U.S.C. 14045d'' and inserting ``34 
     U.S.C. 20126'';
       (B) by striking ``tribal'' and inserting ``Tribal'';
       (C) by striking ``Indian tribes'' and inserting ``Indian 
     Tribes''; and
       (D) by striking ``section 303(a)(2)(B)'' and inserting 
     ``section 303 and made available'';
       (2) in subsection (b)--
       (A) by striking ``Indian tribe'' each place it appears and 
     inserting ``Indian Tribe''; and
       (B) by striking ``tribal organization'' each place it 
     appears and inserting ``Tribal organization''; and
       (3) in subsection (d), by striking ``306(c)'' and inserting 
     ``302A, 306(c),''.

     SEC. 5612. RESOURCE CENTERS.

       Section 310 (42 U.S.C. 10410) is amended--
       (1) in the section heading, by striking ``national 
     resources centers and training and technical assistance'' and 
     inserting ``resource'';
       (2) in subsection (a)--
       (A) in paragraph (1), by inserting ``and response'' after 
     ``intervention'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``under this title and reserved under section 303(a)(2)(C)'' 
     and inserting ``under section 303 and made available to carry 
     out this section'';
       (ii) in subparagraph (A)--

       (I) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (II) in clause (ii)--

       (aa) by striking ``7'' and inserting ``11'';
       (bb) by striking ``domestic violence, and intervention and 
     prevention'' and inserting `` the prevention of, intervention 
     in, and response to family violence, domestic violence, and 
     dating violence''; and
       (cc) by striking ``; and'' and inserting a semicolon; and

       (III) by adding at the end the following:

       ``(iii) an Alaska Native Tribal resource center on domestic 
     violence, to reduce Tribal disparities; and
       ``(iv) a Native Hawaiian resource center on domestic 
     violence, to reduce Native Hawaiian disparities; and''; and
       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``grants, to'' inserting ``grants to entities that focus on 
     other critical issues, such as'';
       (II) in clause (i)--

       (aa) by striking ``(including Alaska Native) or Native 
     Hawaiian''; and
       (bb) by striking ``subsection (b)(3)'' and inserting 
     ``subsection (b)(5)''; and

       (III) by amending clause (ii) to read as follows:

       ``(ii) entities with demonstrated expertise related to--

       ``(I) addressing the housing needs of family violence, 
     domestic violence, or dating violence victims and their 
     children and dependents;
       ``(II) educating individuals from underserved populations 
     to increase understanding and outreach about issues related 
     to family violence, domestic violence, or dating violence; or
       ``(III) addressing other emerging issues related to the 
     prevention of, intervention in, or response to family 
     violence, domestic violence, or dating violence.''; and

       (C) by adding at the end the following:
       ``(3) Notice to congress of new special issue resource 
     centers.--On or after the date of the enactment of the Family 
     Violence Prevention and Services Improvement Act of 2022, the 
     Secretary shall provide notice to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives upon publication of any forecasted grant 
     opportunities for the establishment of a special issue 
     resource center under paragraph (2)(A)(ii).'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) by striking ``training'' and inserting ``education''; 
     and
       (bb) by inserting ``and dependents'' after ``children''; 
     and

       (II) in clause (ii), in the matter preceding subclause (I), 
     by inserting ``online'' after ``central''; and

       (ii) in subparagraph (B)--

       (I) in clauses (i) and (ii)--

       (aa) by striking ``tribes and tribal organizations'' each 
     place it appears and inserting ``Tribes and Tribal 
     organizations''; and
       (bb) by striking ``the tribes'' and inserting ``the 
     Tribes'';

       (II) in clause (i)--

       (aa) by striking ``training'' and inserting ``education''; 
     and
       (bb) by striking ``42'' and all that follows through 
     ``3796gg-10 note'' and inserting ``34 U.S.C. 10452 note'';

       (III) in clause (ii)--

       (aa) by striking ``intervention and prevention'' and 
     inserting ``prevention, intervention, and response''; and
       (bb) by striking ``42'' and all that follows through 
     ``3796gg-10 note'' and inserting ``34 U.S.C. 10452 note''; 
     and

       (IV) in clause (iii)--

       (aa) by striking ``Native Hawaiians that'' and inserting 
     ``Native Hawaiians who''; and
       (bb) by inserting ``the Office for Victims of Crime and'' 
     after ``Human Services, and'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``State and local domestic violence service 
     providers'' and inserting ``support effective policy, 
     practice, research, and cross systems collaboration''; and
       (II) by striking ``enhancing domestic violence intervention 
     and prevention'' and inserting ``enhancing family violence, 
     domestic violence, and dating violence prevention, 
     intervention, and response'';

       (ii) in subparagraph (A), by striking ``which may include 
     the response to the use of the self-defense plea by domestic 
     violence victims and the issuance and use of protective 
     orders'' and inserting ``including the issuance and use of 
     protective orders, batterers' intervention programming, and 
     responses to charged, incarcerated, and re-entering domestic 
     violence victims'';
       (iii) in subparagraph (B)--

       (I) by striking ``victims of domestic violence'' and 
     inserting ``victims of family violence, domestic violence, 
     and dating violence'';
       (II) by inserting ``children and'' after ``their''; and
       (III) by striking ``domestic violence cases'' and inserting 
     ``cases involving violence specified in this subparagraph'';

       (iv) in subparagraph (C)--

       (I) by striking ``to victims of domestic violence'' and 
     inserting ``to victims of family violence, domestic violence, 
     and dating violence''; and
       (II) by striking ``for victims of domestic violence'' and 
     inserting ``for such victims'';

       (v) by amending subparagraph (D) to read as follows:
       ``(D) The response of mental health, substance use 
     disorder, and domestic violence systems and programs and 
     other related systems and programs, to victims of family 
     violence, domestic violence, and dating violence, and their 
     children and dependents, who experience psychological trauma, 
     or have mental health or substance use needs.'';
       (vi) in subparagraph (E)--

[[Page S5641]]

       (I) by striking ``enhancing domestic violence intervention 
     and prevention'' and inserting ``enhancing family violence, 
     domestic violence, and dating violence prevention, 
     intervention, and response''; and
       (II) by striking ``of domestic violence''; and

       (vii) by adding at the end the following:
       ``(F) The response of family violence, domestic violence, 
     and dating violence programs and related systems to victims 
     who are underserved due to sexual orientation or gender 
     identity, including expanding the capacity of organizations 
     to better meet the needs of such victims.
       ``(G) The response of family violence, domestic violence, 
     and dating violence programs, disability service providers, 
     and related programs and systems to victims with disabilities 
     (including victims who acquire disabilities due to family 
     violence, domestic violence, or dating violence), including--
       ``(i) extending community engagement efforts with persons 
     with disabilities;
       ``(ii) expanding partnerships, communication, and joint 
     education efforts among such programs, providers, and systems 
     in order to modify and improve the services offered by such 
     programs, providers, and systems for victims with 
     disabilities;
       ``(iii) evaluating accessibility barriers in programs and 
     shelter facilities and advising on how to make modifications 
     to meet the needs of victims with disabilities; and
       ``(iv) promoting culturally and linguistically relevant 
     responses for persons with disabilities.
       ``(H) Strengthening the organizational capacity of State, 
     territorial, and Tribal Domestic Violence Coalitions and of 
     State (including territorial) and Tribal administrators who 
     distribute funds under this title to community-based family 
     violence, domestic violence, and dating violence programs, 
     with the aim of better enabling such coalitions and 
     administrators--
       ``(i) to collaborate and respond effectively to family 
     violence, domestic violence, and dating violence;
       ``(ii) to meet the conditions and carry out the provisions 
     of this title; and
       ``(iii) to implement best practices to meet the emerging 
     needs of victims and their families, children, and 
     dependents.'';
       (C) by redesignating paragraph (3) as paragraph (5);
       (D) by inserting after paragraph (2) the following:
       ``(3) Alaska native tribal resource center.--In accordance 
     with subsection (a)(2), the Secretary shall award a grant to 
     an eligible entity for an Alaska Native Tribal resource 
     center on domestic violence to reduce Tribal disparities, 
     which shall--
       ``(A) offer a comprehensive array of technical assistance 
     and educational resources to Indian Tribes and Tribal 
     organizations, specifically designed to enhance the capacity 
     of the Tribes and organizations to respond to family 
     violence, domestic violence, and dating violence and the 
     findings of section 901 and purposes in section 902 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (34 U.S.C. 10452 note);
       ``(B) coordinate all projects and activities with the 
     national resource center described in paragraph (1)(B);
       ``(C) coordinate with the projects and activities of that 
     center that involve working with non-Tribal State and local 
     governments to enhance their capacity to understand the 
     unique needs of Alaska Natives;
       ``(D) provide comprehensive community education and 
     prevention initiatives relating to family violence, domestic 
     violence, and dating violence in a culturally sensitive and 
     relevant manner; and
       ``(E) coordinate activities with other Federal agencies, 
     offices, and grantees that address the needs of Alaska 
     Natives who experience family violence, domestic violence, 
     and dating violence, including the Office of Justice Services 
     of the Bureau of Indian Affairs, the Indian Health Service, 
     and the Office for Victims of Crime and the Office on 
     Violence Against Women of the Department of Justice.
       ``(4) Native hawaiian resource center.--In accordance with 
     subsection (a)(2), the Secretary shall award a grant to an 
     eligible entity for a Native Hawaiian resource center on 
     domestic violence to reduce Native Hawaiian disparities, 
     which shall--
       ``(A) offer a comprehensive array of technical assistance 
     and educational resources to Native Hawaiian organizations, 
     specifically designed to enhance the capacity of the Native 
     Hawaiian organizations to respond to family violence, 
     domestic violence, and dating violence;
       ``(B) coordinate all projects and other activities with the 
     national resource center described in paragraph (1)(B);
       ``(C) coordinate all projects and other activities, with 
     State and local governments, that involve working with the 
     State and local governments, to enhance their capacity to 
     understand the unique needs of Native Hawaiians;
       ``(D) provide comprehensive community education and 
     prevention initiatives relating to family violence, domestic 
     violence, and dating violence in a culturally sensitive and 
     relevant manner; and
       ``(E) coordinate activities with other Federal agencies, 
     offices, and grantees that address the needs of Native 
     Hawaiians who experience family violence, domestic violence, 
     and dating violence, including the Office for Victims of 
     Crime and the Office on Violence Against Women of the 
     Department of Justice.''; and
       (E) in paragraph (5), as so redesignated--
       (i) in subparagraphs (A) and (B)(i), by striking ``Indian 
     tribes, tribal organizations'' each place it appears and 
     inserting ``Indian Tribes, Tribal organizations'';
       (ii) in subparagraph (B)--

       (I) by striking ``the tribes'' and inserting ``the 
     Tribes''; and
       (II) by striking ``nontribal'' and inserting ``non-
     Tribal''; and

       (iii) by striking ``(including Alaska Natives) or Native 
     Hawaiians'' each place it appears; and
       (4) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or (D)'' and inserting ``(D), (F), (G), or (H)'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) provides documentation to the Secretary--
       ``(i) demonstrating experience working directly on issues 
     of domestic violence; and
       ``(ii)(I) in the case of an entity seeking a grant under 
     such a subparagraph of subsection (b)(2), other than 
     subparagraph (G) of such subsection, demonstrating experience 
     working directly in the corresponding specific special issue 
     area described in such subsection; or
       ``(II) in the case of an entity seeking a grant under 
     subparagraph (G) of such subsection, demonstrating--

       ``(aa) such experience; or
       ``(bb) that the entity has partnered with a private, 
     nonprofit organization that has the primary purpose of 
     serving individuals with disabilities;'' and

       (iii) by amending subparagraph (B) to read as follows:
       ``(B) includes on the board of directors or advisory 
     committee and on the staff of such entity, individuals who 
     are from domestic violence programs and who have demonstrated 
     experience working with individuals who are geographically or 
     culturally diverse; and'';
       (B) in paragraph (2)--
       (i) by striking ``tribal organization'' each place it 
     appears and inserting ``Tribal organization'';
       (ii) by striking ``Indian tribes'' each place it appears 
     and inserting ``Indian Tribes'';
       (iii) by striking ``domestic violence'' each place it 
     appears and inserting ``family violence, domestic violence, 
     and dating violence'';
       (iv) in subparagraphs (A) and (B), by striking ``42 U.S.C. 
     3796gg-10 note'' each place it appears and inserting ``34 
     U.S.C. 10452 note'';
       (v) in subparagraph (B)--

       (I) by striking ``tribally'' and inserting ``Tribally''; 
     and
       (II) by striking ``prevention and intervention'' and 
     inserting ``prevention, intervention, and response''; and

       (vi) in subparagraph (D), by striking ``prevention and 
     intervention'' and inserting ``prevention, intervention, and 
     response'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``community'' and 
     inserting ``population'';
       (ii) in subparagraph (B)(i), by striking ``prevention and 
     services'' and inserting ``prevention, intervention, and 
     response'' and
       (iii) in subparagraph (B)(ii)--

       (I) by inserting ``geographically diverse'' before 
     ``advocates''; and
       (II) by striking ``from across the Nation'';

       (D) by redesignating paragraph (4) as paragraph (6);
       (E) by inserting after paragraph (3) the following:
       ``(4) Alaska native tribal resource center on domestic 
     violence.--To be eligible to receive a grant under subsection 
     (b)(3), an entity shall be a Tribal organization, or a 
     nonprofit private organization that focuses primarily on 
     issues of family violence, domestic violence, and dating 
     violence within Indian Tribes, in Alaska that submits 
     information to the Secretary demonstrating--
       ``(A) experience working with Indian Tribes, and Tribal 
     organizations, in Alaska to respond to family violence, 
     domestic violence, and dating violence and the findings of 
     section 901 of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162; 34 
     U.S.C. 10452 note);
       ``(B) experience providing Indian Tribes, and Tribal 
     organizations, in Alaska with assistance in developing 
     Tribally based prevention, intervention, and response 
     services addressing family violence, domestic violence, and 
     dating violence and safety for American Indian and Alaska 
     Native women consistent with the purposes of section 902 of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162; 34 U.S.C. 
     10452 note);
       ``(C) strong support for the entity's designation as the 
     Alaska Native Tribal resource center on domestic violence 
     from advocates working with Indian Tribes in Alaska to 
     address family violence, domestic violence, and dating 
     violence and the safety of Alaska Native women;
       ``(D) a record of demonstrated effectiveness in assisting 
     Indian Tribes, and Tribal organizations, in Alaska with 
     prevention, intervention, and response services addressing 
     family violence, domestic violence, and dating violence; and
       ``(E) the capacity to serve geographically diverse Indian 
     Tribes, and Tribal organizations, in Alaska.
       ``(5) Native hawaiian resource center.--To be eligible to 
     receive a grant under subsection (b)(4), an entity shall be a 
     Native Hawaiian organization, or a nonprofit private

[[Page S5642]]

     organization that focuses primarily on issues of family 
     violence, domestic violence, and dating violence within the 
     Native Hawaiian community, that submits information to the 
     Secretary demonstrating--
       ``(A) experience working with Native Hawaiian organizations 
     to respond to family violence, domestic violence, and dating 
     violence;
       ``(B) experience providing Native Hawaiian organizations 
     with assistance in developing prevention, intervention, and 
     response services addressing family violence, domestic 
     violence, and dating violence and safety for Native Hawaiian 
     women;
       ``(C) strong support for the entity's designation as the 
     Native Hawaiian resource center on domestic violence from 
     advocates working with Native Hawaiian organizations to 
     address family violence, domestic violence, and dating 
     violence and the safety of Native Hawaiian women;
       ``(D) a record of demonstrated effectiveness in assisting 
     Native Hawaiian organizations with prevention, intervention, 
     and response services addressing family violence, domestic 
     violence, and dating violence; and
       ``(E) the capacity to serve geographically diverse Native 
     Hawaiian communities and organizations.''; and
       (F) in paragraph (6), as so redesignated--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (b)(3)'' and inserting ``subsection (b)(5)''; 
     and
       (ii) in subparagraph (A)--

       (I) by striking ``(including Alaska Natives)''; and
       (II) by striking ``Indian tribe, tribal organization'' and 
     inserting ``Indian Tribe, Tribal organization''.

     SEC. 5613. GRANTS TO STATE DOMESTIC VIOLENCE COALITIONS.

       Section 311 (42 U.S.C. 10411) is amended--
       (1) in subsection (b)(1), by striking ``section 
     303(a)(2)(D)'' and inserting ``section 303 and made available 
     to carry out this section'';
       (2) in subsection (d)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``intervention and prevention'' and 
     inserting ``prevention, intervention, and response''; and
       (ii) by striking ``shall include'';
       (B) in paragraph (1)--
       (i) by inserting ``, and evidence-informed prevention of,'' 
     after ``comprehensive responses to''; and
       (ii) by striking ``working with local'' and inserting 
     ``shall include--
       ``(A) working with local'';
       (C) by redesignating paragraphs (2) and (3) as 
     subparagraphs (B) and (C), respectively, and adjusting the 
     margins accordingly;
       (D) in subparagraph (C) of paragraph (1), as so 
     redesignated--
       (i) by striking ``dependents'' and inserting ``children and 
     dependents''; and
       (ii) by adding ``and'' after the semicolon; and
       (E) by inserting after subparagraph (C) of paragraph (1), 
     as so redesignated, the following:
       ``(D) collaborating with, as applicable for the State, 
     Indian Tribes and Tribal organizations (including Alaska 
     Native groups or communities), or Native Hawaiian groups or 
     communities, to address the needs of Indian (including Alaska 
     Native) or Native Hawaiian victims of family violence, 
     domestic violence, or dating violence; and'';
       (F) in paragraph (4)--
       (i) by striking ``collaborating with and providing'' and 
     inserting ``may include--
       ``(A) collaborating with and providing''; and
       (ii) by striking ``, mental health'' and inserting 
     ``(including mental health and substance use disorders)'';
       (G) by redesignating paragraph (4) as paragraph (2);
       (H) in paragraph (6), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and adjusting 
     the margins accordingly;
       (I) by redesignating paragraphs (5) through (7) as 
     subparagraphs (B) through (D), respectively, and adjusting 
     the margins accordingly;
       (J) in clause (ii) of subparagraph (C) of paragraph (2), as 
     so redesignated, by striking ``child abuse is present;'' and 
     inserting ``there is a co-occurrence of child abuse; and'';
       (K) by striking paragraph (8); and
       (L) in subparagraph (D) of paragraph (2), as so 
     redesignated, by striking ``; and'' and inserting a period;
       (3) by striking subsection (e);
       (4) by redesignating subsections (f) through (h) as 
     subsections (e) through (g), respectively; and
       (5) in subsection (g), as so redesignated, by striking 
     ``Indian tribes and tribal organizations'' and inserting 
     ``Indian Tribes and Tribal organizations''.

     SEC. 5614. GRANTS TO TRIBAL DOMESTIC VIOLENCE COALITIONS.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is amended by inserting after section 311 the 
     following:

     ``SEC. 311A. GRANTS TO TRIBAL DOMESTIC VIOLENCE COALITIONS.

       ``(a) Grants Authorized.--Beginning with fiscal year 2023, 
     out of amounts appropriated under section 303 and made 
     available to carry out this section for a fiscal year, the 
     Secretary shall award grants to eligible entities in 
     accordance with this section.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be a Tribal Domestic 
     Violence Coalition that is recognized by the Office on 
     Violence Against Women of the Department of Justice that 
     provides services to Indian Tribes.
       ``(c) Application.--Each Tribal Domestic Violence Coalition 
     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. 
     The application submitted by the coalition for the grant 
     shall provide documentation of the coalition's work, 
     demonstrating that the coalition--
       ``(1) meets all the applicable requirements set forth in 
     this section; and
       ``(2) has the ability to conduct all activities described 
     in this section, as indicated by--
       ``(A) documented experience in administering Federal grants 
     to conduct the activities described in subsection (d); or
       ``(B) documented history of activities to further the 
     purposes of this section set forth in subsection (d).
       ``(d) Use of Funds.--A Tribal Domestic Violence Coalition 
     eligible under subsection (b) that receives a grant under 
     this section may use the grant funds for administration and 
     operation to further the purposes of family violence, 
     domestic violence, and dating violence prevention, 
     intervention, and response activities, including--
       ``(1) working with local Tribal family violence, domestic 
     violence, or dating violence service programs and providers 
     of direct services to encourage appropriate and comprehensive 
     responses to family violence, domestic violence, and dating 
     violence against adults or youth within the Indian Tribes 
     served, including providing education and technical 
     assistance and conducting Tribal needs assessments;
       ``(2) participating in planning and monitoring the 
     distribution of subgrants and subgrant funds within the State 
     under section 308(a);
       ``(3) working in collaboration with Tribal service 
     providers and community-based organizations to address the 
     needs of victims of family violence, domestic violence, and 
     dating violence, and their children and dependents;
       ``(4) collaborating with, and providing information to, 
     entities in such fields as housing, health care (including 
     mental health and substance use disorder care), social 
     welfare, education, and law enforcement to support the 
     development and implementation of effective policies;
       ``(5) supporting the development and implementation of 
     effective policies, protocols, legislation, codes, and 
     programs that address the safety and support needs of adult 
     and youth Tribal victims of family violence, domestic 
     violence, or dating violence;
       ``(6) encouraging appropriate responses to cases of family 
     violence, domestic violence, or dating violence against 
     adults or youth, by working with Tribal, State, and Federal 
     judicial agencies and law enforcement agencies;
       ``(7) working with Tribal, State, and Federal judicial 
     agencies, including family law judges, criminal court judges, 
     child protective service agencies, and children's advocates 
     to develop appropriate responses to child custody and 
     visitation issues--
       ``(A) in cases of child exposure to family violence, 
     domestic violence, or dating violence; or
       ``(B) in cases in which--
       ``(i) family violence, domestic violence, or dating 
     violence is present; and
       ``(ii) child abuse is present;
       ``(8) providing information to the public about prevention 
     of family violence, domestic violence, and dating violence 
     within Indian Tribes;
       ``(9) assisting Indian Tribes' participation in, and 
     attendance of, Federal and State consultations on family 
     violence, domestic violence, or dating violence, including 
     consultations mandated by the Violence Against Women Act of 
     1994 (title IV of Public Law 103-322), the Victims of Crime 
     Act of 1984 (34 U.S.C. 20101 et seq.), or this title; and
       ``(10) providing services described in section 308(b) to 
     victims of family violence, domestic violence, and dating 
     violence.
       ``(e) Reallocation.--If, at the end of the sixth month of 
     any fiscal year for which sums are appropriated under section 
     303 and made available to carry out this section, a portion 
     of the available amount has not been awarded to Tribal 
     Domestic Violence Coalitions for grants under this section 
     because of the failure of such coalitions to meet the 
     requirements for such grants, then the Secretary shall award 
     such portion, in equal shares, to Tribal Domestic Violence 
     Coalitions that meet such requirements.''.

     SEC. 5615. SPECIALIZED SERVICES FOR ABUSED PARENTS AND THEIR 
                   CHILDREN AND YOUTH.

       Section 312 (42 U.S.C. 10412) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``service programs and community-based 
     programs to prevent future domestic violence by addressing, 
     in an appropriate manner, the needs of children'' and 
     inserting `` service programs and community-based programs, 
     including culturally-specific community based programs, to 
     serve children and youth''; and
       (ii) by inserting ``, and to support the caregiving 
     capacity of adult victims'' before the period; and
       (B) in paragraph (2), by striking ``for periods of not more 
     than 2'' and inserting ``for periods of 3'';
       (2) in subsection (b)--

[[Page S5643]]

       (A) by inserting ``or State domestic violence services'' 
     after ``local'';
       (B) by inserting ``a culturally specific organization,'' 
     after ``associations),'';
       (C) by striking ``tribal organization'' and inserting 
     ``Tribal organization'';
       (D) by inserting ``adult, child, and youth'' after 
     ``serving''; and
       (E) by striking ``and their children''; and
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) a description of how the entity will prioritize the 
     safety of, and confidentiality of information about adult, 
     child, and youth victims of family violence, domestic 
     violence, or dating violence;'';
       (B) in paragraph (2), by striking ``developmentally 
     appropriate and age-appropriate services, and culturally and 
     linguistically appropriate services, to the victims and 
     children; and'' and inserting ``trauma-informed, 
     developmentally appropriate, age-appropriate, and culturally 
     and linguistically appropriate services to children and youth 
     and their adult caregivers;'';
       (C) in paragraph (3), by striking ``appropriate and 
     relevant to the unique needs of children exposed to family 
     violence, domestic violence, or dating violence.'' and 
     inserting the following: ``that--
       ``(i) is relevant to the unique needs of children and youth 
     exposed to family violence, domestic violence, or dating 
     violence;
       ``(ii) provides for the safety of children, youth, and 
     their non-abusing parents; and
       ``(iii) improves the interventions, delivery of services, 
     and treatments provided for such children, youth, and 
     families; and''; and
       (D) by adding at the end the following:
       ``(4) a description of prevention activities targeting 
     child and youth victims of family violence, domestic 
     violence, or dating violence.'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``victims of family violence, domestic 
     violence, or dating violence and their children'' and 
     inserting ``child, youth and adult victims of family 
     violence, domestic violence, or dating violence''; and
       (II) by inserting ``and the health system, including for 
     the purpose of improving the recognition and response by the 
     systems to signs of family violence, domestic violence, or 
     dating violence'' before the semicolon;

       (ii) in subparagraph (B), by inserting ``and youth'' after 
     ``children''; and
       (iii) in subparagraph (C), by inserting ``or youth'' after 
     ``child''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``community-based 
     organizations serving victims of family violence, domestic 
     violence, or dating violence or children exposed to family 
     violence, domestic violence, or dating violence'' and 
     inserting ``health, education, or other community-based 
     organizations serving adult, child, and youth victims of 
     family violence, domestic violence, or dating violence''; and
       (ii) in subparagraph (C)--

       (I) by inserting ``and youth'' after ``for children''; and
       (II) by inserting ``health,'' after ``transportation,''; 
     and

       (5) in subsection (e)--
       (A) by inserting ``shall participate in an evaluation and'' 
     after ``under this section''; and
       (B) by striking ``contain'' and inserting ``including 
     information on''.

     SEC. 5616. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

       Section 313 (42 U.S.C. 10413) is amended--
       (1) in subsection (a)--
       (A) by striking ``telephone hotline'' and inserting 
     ``telephonic hotline and digital services'';
       (B) by striking ``a hotline that provides'' and inserting 
     ``a hotline and digital services that provide''; and
       (C) by inserting before the period at the end of the second 
     sentence the following: ``, and that provide information 
     about healthy relationships for adults and youth'';
       (2) in subsection (d)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and digital services'' after ``hotline'';
       (ii) in subparagraph (A), by striking ``hotline personnel'' 
     and all that follows through ``by the hotline'' and inserting 
     ``advocacy personnel responding to hotline callers and 
     digital service users'';
       (iii) in subparagraph (B), by striking ``hotline 
     personnel'' and inserting ``advocacy personnel responding to 
     hotline callers and digital service users'';
       (iv) in subparagraphs (D) and (F), by inserting ``and 
     digital services'' after ``hotline'' each place such term 
     appears;
       (v) in subparagraph (E)--

       (I) by striking ``non-English speaking callers'' and 
     inserting ``callers and digital services users with limited 
     English proficiency''; and
       (II) by striking ``hotline personnel'' and inserting 
     ``advocacy personnel'';

       (vi) in subparagraph (F), by striking ``hearing 
     impairments; and'' and inserting ``disabilities, including 
     individuals who are deaf or hard of hearing or are blind or 
     have visual impairments, and for educating hotline and 
     digital services personnel in assisting persons with 
     disabilities when those persons are accessing the hotline and 
     digital services;'';
       (vii) in subparagraph (G), by striking ``youth victims'' 
     and all that follows and inserting ``youth victims of family 
     violence, domestic violence, and dating violence, which plan 
     may be carried out through a national youth dating violence 
     hotline and other digital services and resources'';
       (B) in paragraph (4), by inserting ``, digital services,'' 
     after ``hotline'';
       (C) by amending paragraph (5) to read as follows:
       ``(5) demonstrate that the applicant has the ability to--
       ``(A) provide information and referrals for individuals 
     contacting the hotline or using digital services;
       ``(B) directly connect callers or assist digital services 
     users in connecting to service providers;
       ``(C) employ crisis interventions meeting the standards of 
     family violence, domestic violence, and dating violence 
     providers; and
       ``(D) provide information about healthy relationships for 
     adults and youth;'';
       (D) in paragraph (7), by striking ``306(c)(5)'' and 
     inserting ``302A(b)''; and
       (3) in subsection (e)--
       (A) in the heading, by inserting ``and Digital Services'' 
     after ``Hotline'';
       (B) in paragraph (1)--
       (i) by striking ``telephone hotline'' and inserting 
     ``telephonic hotline and digital services''; and
       (ii) by striking ``and assistance to adult'' and inserting 
     ``for the benefit of adult''; and
       (C) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and digital services'' after ``hotline'';
       (ii) in subparagraph (A), by striking ``toll-free telephone 
     line'' and inserting ``24-hour toll-free telephone line and 
     an internet service provider for operating digital services 
     in accessible formats including TTY and interpreter services, 
     where applicable'' before the semicolon;
       (iii) in subparagraph (B), by striking ``, provide 
     counseling and referral services for callers on a 24-hour-a-
     day basis, and directly connect callers'' and inserting ``and 
     digital services contacts, provide counseling, healthy 
     relationship information, and referral services for callers 
     and digital services users, on a 24-hour-a-day basis, and 
     directly connect callers and digital services users'';
       (iv) in subparagraph (C), by inserting ``and digital 
     services users'' after ``callers'';
       (v) in subparagraph (D)--

       (I) by inserting ``and digital services'' after 
     ``hotline''; and
       (II) by inserting ``and, as appropriate, in accessible 
     formats, including formats compliant with the most recent Web 
     Content Accessibility Guidelines or successor guideline as 
     applicable'' after ``users'';

       (vi) in subparagraph (E), by striking ``underserved 
     populations and individuals with disabilities'' and inserting 
     ``racial and ethnic minority populations, Tribal populations, 
     persons with disabilities, and other underserved populations, 
     by ensuring access to the hotline and digital services 
     through accommodations and education for advocacy 
     personnel'';
       (vii) in subparagraph (F), by striking ``teen dating 
     violence hotline'' and inserting ``hotline or digital 
     services''; and
       (viii) in subparagraph (H), by inserting ``or digital 
     services provider'' after ``hotline operator'' each place it 
     appears.

     SEC. 5617. NATIONAL INDIAN DOMESTIC VIOLENCE HOTLINE GRANT.

       (a) Purpose.--The purpose of this section is to increase 
     the availability of information and assistance to Indian 
     adult and youth victims of family violence, domestic 
     violence, or dating violence, family and household members of 
     such victims, and individuals affected by such victimization 
     by supporting a national, toll-free telephonic and digital 
     hotline to provide services that are--
       (1) informed of Federal Indian law and Tribal laws 
     impacting Indian victims of family violence, domestic 
     violence, or dating violence;
       (2) culturally appropriate to Indian adult and youth 
     victims; and
       (3) developed in cooperation with victim services offered 
     by Indian Tribes and Tribal organizations.
       (b) Grant Program.--The Family Violence Prevention and 
     Services Act (42 U.S.C. 10401 et seq.) is amended by 
     inserting after section 313 the following:

     ``SEC. 313A. NATIONAL INDIAN DOMESTIC VIOLENCE HOTLINE GRANT.

       ``(a) In General.--The Secretary shall award a grant to a 
     Tribal organization or private, nonprofit entity to maintain 
     the ongoing operation of a 24-hour, national, toll-free 
     telephonic hotline and digital services to provide 
     information and assistance to Indian adult and youth victims 
     of family violence, domestic violence, or dating violence, 
     family and household members of such victims, and other 
     individuals affected by such victimization.
       ``(b) Term.--The Secretary shall award a grant under this 
     section for a period of not more than 5 years.
       ``(c) Conditions on Payment.--The provision of payments 
     under a grant awarded under this section shall be subject to 
     annual approval by the Secretary and subject to the 
     availability of appropriations for each fiscal year to make 
     the payments.
       ``(d) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall be a Tribal organization or a 
     nonprofit private organization that focuses primarily on 
     issues of family violence, domestic violence, and dating 
     violence as it relates to American Indians and Alaska 
     Natives, and submit an application to the Secretary that 
     shall--

[[Page S5644]]

       ``(1) contain such agreements, assurances, and information, 
     be in such form, and be submitted in such manner, as the 
     Secretary shall prescribe;
       ``(2) include a complete description of the applicant's 
     plan for the operation of a national Indian domestic violence 
     hotline and digital services, including descriptions of--
       ``(A) the education program for advocacy personnel 
     responding to hotline callers and digital service users, 
     including education on the provision of culturally 
     appropriate services, Federal Indian law and Tribal laws 
     impacting Indian victims of family violence, domestic 
     violence, or dating violence, and resources and referrals for 
     such victims;
       ``(B) the qualifications of the applicant and the hiring 
     criteria and qualifications for advocacy personnel, to ensure 
     that hotline advocates and other personnel have demonstrated 
     knowledge of Indian legal, social, and cultural issues and 
     are able to meet the unique needs of Indian callers and users 
     of digital services;
       ``(C) the methods for the creation, maintenance, and 
     updating of a resource database of culturally appropriate 
     victim services and resources available from Indian Tribes 
     and Tribal organizations;
       ``(D) a plan for publicizing the availability of the 
     national Indian hotline and digital services to Indian 
     victims of family violence, domestic violence, and dating 
     violence;
       ``(E) a plan for providing service to callers and digital 
     services users with limited English proficiency, including 
     service through advocacy personnel who have non-English 
     language capability;
       ``(F) a plan for facilitating access to hotline and digital 
     services by persons with disabilities, including individuals 
     who are deaf or hard of hearing or are blind or have visual 
     impairments, and for educating hotline and digital services 
     personnel on assisting persons with disabilities when those 
     persons are accessing the hotline and digital services; and
       ``(G) a plan for providing assistance and referrals to 
     Indian youth victims of family violence, domestic violence, 
     and dating violence, which plan may be carried out through a 
     national Indian youth dating violence hotline and other 
     digital services and resources;
       ``(3) demonstrate recognized expertise providing services, 
     including information on healthy relationships and referrals 
     for Indian victims of family violence, domestic violence, or 
     dating violence and coordinating services with Indian Tribes 
     or Tribal organizations;
       ``(4) demonstrate support from Indian victim services 
     programs, Tribal coalitions recognized by the Office on 
     Violence Against Women and Tribal grantees under this title;
       ``(5) demonstrate the capacity and expertise to maintain a 
     domestic violence hotline, digital services and a 
     comprehensive database of service providers from Indian 
     Tribes or Tribal organizations;
       ``(6) demonstrate compliance with nondisclosure 
     requirements as described in section 302A(b) and following 
     comprehensive quality assurance practices; and
       ``(7) contain such other information as the Secretary may 
     require.
       ``(e) Indian Hotline Activities.--
       ``(1) In general.--An entity that receives a grant under 
     this section shall use funds made available through the grant 
     for the purpose described in subsection (a), consistent with 
     paragraph (2).
       ``(2) Activities.--In establishing and operating the 
     hotline and digital services, the entity--
       ``(A) shall contract with a carrier for the use of a 24-
     hour toll-free telephone line and an internet service 
     provider for operating digital services in accessible formats 
     including TTY and interpreter services, where applicable;
       ``(B) shall employ, educate, and supervise personnel to 
     answer incoming calls and digital services contacts, provide 
     counseling, healthy relationship information, and referral 
     services for Indian callers and digital services users on a 
     24-hour-a-day basis, directly connect callers, and assist 
     digital services users in connecting to service providers;
       ``(C) shall assemble and maintain a database of information 
     relating to services for Indian victims of family violence, 
     domestic violence, or dating violence to which Indian callers 
     or digital services users may be referred, including 
     information on the availability of shelter and supportive 
     services for victims of family violence, domestic violence, 
     or dating violence;
       ``(D) shall widely publicize the hotline and digital 
     services (and, as appropriate, in accessible formats, 
     including formats compliant with the most recent Web Content 
     Accessibility Guidelines or successor guideline as 
     applicable) throughout Indian Tribes and communities, 
     including--
       ``(i) national and regional member organizations of Indian 
     Tribes;
       ``(ii) Tribal domestic violence services programs; and
       ``(iii) Tribal nonprofit victim service providers;
       ``(E) at the discretion of the hotline operator or digital 
     services provider, may provide--
       ``(i) appropriate assistance and referrals for family and 
     household members of Indian victims of family violence, 
     domestic violence, or dating violence, and Indians affected 
     by the victimization described in subsection (a); and
       ``(ii) appropriate assistance, or referrals for counseling 
     or intervention, for identified Indian perpetrators, 
     including self-identified perpetrators, of family violence, 
     domestic violence, or dating violence, but shall not be 
     required to provide such assistance or referrals in any 
     circumstance in which the hotline operator or digital 
     services provider fears the safety of a victim may be 
     impacted by an abuser or suspected abuser.
       ``(f) Reports and Evaluation.--The entity receiving a grant 
     under this section shall submit a performance report to the 
     Secretary at such time as shall be reasonably required by the 
     Secretary. Such report shall describe the activities that 
     have been carried out with such grant funds, contain an 
     evaluation of the effectiveness of such activities, and 
     provide such additional information as the Secretary may 
     reasonably require.
       ``(g) Administration, Evaluation, and Monitoring.--Of 
     amounts appropriated under section 303(c) to carry out this 
     section, not more than 4 percent may be used by the Secretary 
     for evaluation, monitoring, and other administrative costs 
     under this section.''.

     SEC. 5618. ADDITIONAL GRANT PROGRAMS.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is amended by inserting after section 313A, as 
     added by this title, the following:

     ``SEC. 313B. GRANTS FOR UNDERSERVED POPULATIONS.

       ``(a) Purpose.--It is the purpose of this section to 
     provide grants to assist communities in mobilizing and 
     organizing resources in support of effective and sustainable 
     programs to prevent, intervene in, and respond to family 
     violence, domestic violence, and dating violence, experienced 
     by underserved populations.
       ``(b) Planning and Implementation Grants.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Family Violence Prevention and Services 
     Program, shall award grants to eligible entities to assist in 
     capacity building for, or planning, developing, or 
     implementing of, culturally and linguistically appropriate, 
     community-driven strategies to prevent, intervene in, and 
     respond to family violence, domestic violence, and dating 
     violence, in underserved populations.
       ``(2) Eligible entities.--To be eligible to receive a grant 
     under this subsection, an entity shall be--
       ``(A) a population-specific organization--
       ``(i) that has demonstrated experience and expertise in 
     providing population-specific victim services in the relevant 
     underserved population that the entity proposes to serve; or
       ``(ii) that demonstrates capacity for providing victim 
     services and is working in partnership with a victim service 
     provider or domestic violence or sexual assault coalition; or
       ``(B) a victim service provider that is offering 
     population-specific services for a specific underserved 
     population.
       ``(3) Application.--An entity seeking a grant under this 
     subsection shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may require. Such application shall include a 
     description of the targeted underserved population to be 
     served under the grant and how grant funds will be used in 
     accordance with this subsection.
       ``(4) Use of funds.--An entity that receives a grant under 
     this subsection--
       ``(A) shall use the grant funds to support the capacity 
     building, planning, developing, or implementing of programs 
     for the targeted underserved population that--
       ``(i) utilize community-driven prevention, intervention, 
     and response strategies that address the barriers to access 
     to family violence, domestic violence, and dating violence 
     services;
       ``(ii) raise awareness of family violence, domestic 
     violence, and dating violence; and
       ``(iii) promote community engagement in the prevention of, 
     intervention in, and response to family violence, domestic 
     violence, and dating violence;
       ``(B) may use the grant funds to--
       ``(i) expand collaboration with national, State, Tribal, 
     local, or community partners that can provide appropriate 
     assistance to the targeted underserved population;
       ``(ii) develop and implement community engagement 
     strategies, including the establishment of community working 
     groups;
       ``(iii) procure or participate in evidence-based education 
     and technical assistance for program development, 
     implementation, evaluation, and other programmatic issues;
       ``(iv) identify or implement promising prevention, 
     intervention, and response strategies;
       ``(v) implement, with input from the targeted underserved 
     population, a plan developed under subparagraph (C)(ii);
       ``(vi) collect, analyze, or interpret data appropriate for 
     monitoring and evaluating the program carried out under this 
     subsection, which may include collaboration with academic or 
     other appropriate institutions;
       ``(vii) collaborate with appropriate partners to 
     disseminate information gained from the program to expand the 
     reach of the information;
       ``(viii) develop policy initiatives for systems change to 
     address the barriers described in subparagraph (A)(i) or the 
     awareness issues described in subparagraph (A)(ii); and

[[Page S5645]]

       ``(ix) conduct an evaluation of the capacity building, 
     planning, development, or implementation activities conducted 
     using the grant funds; and
       ``(C) for planning purposes, may use the grant funds to--
       ``(i) conduct, incorporating input from the targeted 
     underserved population, a needs assessment of the targeted 
     underserved population to determine the barriers to access 
     described in subparagraph (A)(i) and factors contributing to 
     such barriers; and
       ``(ii) develop a plan, with the input of the targeted 
     underserved population, that includes strategies for--

       ``(I) implementing prevention, intervention, and response 
     strategies that demonstrate potential for addressing the 
     barriers to access, raising awareness of family violence, 
     domestic violence, and dating violence, and promoting 
     community engagement in the prevention of, intervention in, 
     and response to family violence, domestic violence, and 
     dating violence, within the targeted underserved population;
       ``(II) identifying other sources of revenue (besides funds 
     appropriated to carry out this section) and integrating 
     current and proposed funding sources to ensure long-term 
     sustainability of the program carried out by the eligible 
     entity under this subsection; and
       ``(III) conducting evaluations, including collecting data 
     and measuring progress toward addressing family violence, 
     domestic violence, and dating violence, or towards raising 
     awareness of family violence, domestic violence, and dating 
     violence, in the targeted underserved population.

       ``(5) Duration.--
       ``(A) In general.--Except as described in subparagraph (B), 
     the period during which payments may be made under a grant 
     under this subsection shall not exceed 5 years.
       ``(B) Extension for extraordinary circumstances.--In a case 
     in which the Secretary determines that extraordinary 
     circumstances exist, the Secretary may extend the period 
     under subparagraph (A) for not more than 2 years.
       ``(c) Evaluation Grants, Agreements, and Contracts.--
       ``(1) In general.--The Secretary shall award grants or 
     enter into cooperative agreements or contracts with eligible 
     entities that have received a grant under subsection (b) for 
     the purpose of additional data analysis, program evaluation, 
     which may include evaluating the processes used by the 
     program and evaluating the program outcome measures, or 
     dissemination of findings.
       ``(2) Eligible entities.--To be eligible to receive a grant 
     or to enter into a cooperative agreement or contract under 
     this subsection, an entity shall be an organization that--
       ``(A) has received a grant under subsection (b); and
       ``(B) is working in collaboration with an entity that--
       ``(i) specializes in research, data analysis, or program 
     evaluation; and
       ``(ii) has the ability to analyze or evaluate the programs 
     carried out by the organization.
       ``(3) Application.--An entity seeking a grant, cooperative 
     agreement, or contract under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including--
       ``(A) a description of the proposed scope of the analysis 
     or evaluation and how funds will be used to carry out such 
     analysis or evaluation; and
       ``(B) a description of how the analysis or evaluation seeks 
     to increase the research base of effective programs for 
     improving services for preventing, intervening, and 
     responding to family violence, domestic violence, and dating 
     violence in underserved populations.
       ``(d) Nonsupplantation.--Funds provided under this section 
     shall be used to supplement and not supplant other Federal, 
     State, and local public funds expended to provide services 
     and activities that promote the purposes of this section.
       ``(e) Technical Assistance, Evaluation, and Monitoring.--
       ``(1) In general.--Of the amounts appropriated under 
     section 303(e) for each fiscal year--
       ``(A) up to 5 percent may be used by the Secretary for 
     evaluation, monitoring, and other administration under this 
     section; and
       ``(B) up to 3 percent may be used by the Secretary for 
     technical assistance under paragraph (2).
       ``(2) Technical assistance provided by grantees.--The 
     Secretary shall enable recipients of grants under subsection 
     (b) to share best practices, evaluation results, reports, and 
     other pertinent information regarding the programs and 
     projects funded under this section with other entities 
     serving underserved populations.
       ``(3) Reports.--Each entity receiving funds under this 
     section shall file a performance report at such times as 
     requested by the Secretary describing the activities that 
     have been carried out with funds under this section and 
     providing such additional information as the Secretary may 
     require.

     ``SEC. 313C. GRANTS TO ENHANCE CULTURALLY SPECIFIC SERVICES.

       ``(a) Establishment.--The Secretary, acting through the 
     Director of the Family Violence Prevention and Services 
     Program, shall establish a grant program to establish or 
     enhance culturally specific services for victims of family 
     violence, domestic violence, and dating violence from racial 
     and ethnic minority populations.
       ``(b) Purposes.--
       ``(1) In general.--The purposes of the grant program under 
     this section are to--
       ``(A) develop and support innovative culturally specific 
     community-based programs to enhance access to shelter or 
     supportive services to further the purposes of family 
     violence, domestic violence, and dating violence prevention, 
     intervention, and response for all victims of family 
     violence, domestic violence, or dating violence from racial 
     and ethnic minority populations who face obstacles to using 
     more traditional services and resources;
       ``(B) strengthen the capacity and further the leadership 
     development of individuals in racial and ethnic minority 
     populations to address family violence, domestic violence, 
     and dating violence in their communities; and
       ``(C) promote strategic partnership development and 
     collaboration, including with health programs, early 
     childhood programs, economic support programs, schools, child 
     welfare programs, workforce development programs, domestic 
     violence programs, other community-based programs, faith-
     based programs, and youth programs, in order to address 
     family violence, domestic violence, and dating violence 
     through a multidisciplinary approach.
       ``(2) Use of funds.--
       ``(A) In general.--The Secretary shall award grants to 
     eligible entities for programs for the targeted populations 
     to establish or enhance family violence, domestic violence, 
     and dating violence prevention, intervention, and response 
     efforts that address distinctive culturally specific 
     responses to family violence, domestic violence, and dating 
     violence in racial and ethnic minority populations.
       ``(B) New programs.--In carrying out this section, the 
     Secretary may award initial planning and capacity building 
     grants to eligible entities that are establishing new 
     programs in order to support the planning and development of 
     culturally specific programs.
       ``(C) Competitive basis.--The Secretary shall ensure that 
     grants are awarded under this section, to the extent 
     practical, only on a competitive basis.
       ``(D) Technical assistance.--Up to 5 percent of funds 
     appropriated under section 303 and made available to carry 
     out this section for a fiscal year shall be available for 
     educational and technical assistance to be used by the 
     grantees to access evidence-based educational and technical 
     assistance, including from centers described in section 310, 
     regarding the provision of effective culturally specific, 
     community-based services for racial and ethnic minority 
     populations.
       ``(c) Eligible Entities.--To be eligible for a grant under 
     this section, an entity shall be a private nonprofit, 
     nongovernmental organization (including a faith-based, 
     charitable, or voluntary organization) that is--
       ``(1) a community-based organization whose primary purpose 
     is providing culturally specific services to victims of 
     family violence, domestic violence, and dating violence from 
     racial and ethnic minority populations; or
       ``(2) a community-based organization whose primary purpose 
     is providing culturally specific services to individuals from 
     racial and ethnic minority populations that can partner with 
     an organization having demonstrated expertise in serving 
     victims of family violence, domestic violence, and dating 
     violence.
       ``(d) Cultural Competency of Services.--The Secretary shall 
     ensure that information and services provided pursuant to 
     this section are provided in the language, educational 
     context, and cultural context that is most appropriate for 
     the individuals for whom the information and services are 
     intended.
       ``(e) Grant Period.--The Secretary shall award grants under 
     this section for a 3-year period, with a possible extension 
     of another 2 years to further implementation of the projects 
     under the grant.
       ``(f) Nonexclusivity.--Nothing in this section shall be 
     interpreted to exclude linguistically and culturally specific 
     community-based entities from applying for other sources of 
     funding available under this title.
       ``(g) Reports and Evaluation.--Each entity receiving funds 
     under this section shall file a performance report at such 
     times as requested by the Secretary describing the activities 
     that have been carried out with such grant funds and 
     providing such additional information as the Secretary may 
     require.''.

     SEC. 5619. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND 
                   LEADERSHIP.

       Section 314 (42 U.S.C. 10414) is amended to read as 
     follows:

     ``SEC. 314. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND 
                   LEADERSHIP.

       ``(a) Purpose.--The purposes of this section are--
       ``(1) to continue efforts to build evidence for effective 
     primary and secondary prevention practices, programs, and 
     policies, that reduce and end family violence, domestic 
     violence, and dating violence; and
       ``(2) to advance primary and secondary prevention efforts 
     related to family violence, domestic violence, and dating 
     violence, through the establishment, operation, and 
     maintenance of State, Tribal, and local community projects.
       ``(b) Programs Authorized.--From the amounts appropriated 
     under section 303(d), the Secretary shall provide--
       ``(1) grants or cooperative agreements under subsection (c) 
     to eligible entities to build organizational capacity and 
     leadership

[[Page S5646]]

     for primary and secondary prevention of family violence, 
     domestic violence, and dating violence, including work with 
     other systems central to prevention at the State, Tribal, and 
     local levels; and
       ``(2) grants or cooperative agreements under subsection (d) 
     to eligible entities to--
       ``(A) implement and test innovative family violence, 
     domestic violence, and dating violence prevention models, 
     particularly models for those programs serving culturally 
     specific or underserved populations; and
       ``(B) scale up family violence, domestic violence, and 
     dating violence prevention models with promising or 
     demonstrated evidence of effectiveness.
       ``(c) Grants or Cooperative Agreements to Build Primary and 
     Secondary Prevention Capacity.--
       ``(1) Eligibility.--To be eligible to receive a grant or 
     cooperative agreement under this subsection, an entity shall 
     be a State Domestic Violence Coalition, territorial Domestic 
     Violence Coalition, or Tribal Domestic Violence Coalition.
       ``(2) Application.--An eligible entity seeking a grant or 
     cooperative agreement under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including a demonstration of the entity's prevention work and 
     ability to conduct the activities described in paragraph (3).
       ``(3) Use of funds.--An entity that receives a grant or 
     cooperative agreement under this subsection--
       ``(A) shall use the grant or cooperative agreement funds 
     to--
       ``(i) build the entity's organizational and leadership 
     capacity to advance evidence-informed primary and secondary 
     prevention of family violence, domestic violence, and dating 
     violence;
       ``(ii) provide prevention-focused education, technical 
     assistance, peer learning opportunities, and other support to 
     local domestic violence programs and other community-based 
     and culturally specific programs working to address family 
     violence, domestic violence, and dating violence;
       ``(iii) provide education and advocacy to State, Tribal, 
     and local public and private entities on how to prevent 
     family violence, domestic violence, and dating violence; and
       ``(iv) support dissemination of prevention strategies and 
     approaches throughout State, Tribal, or local communities; 
     and
       ``(B) may use the grant or cooperative agreement funds to 
     provide subgrants to local programs for the purposes 
     described in clauses (i) though (iv) of subparagraph (A).
       ``(4) Reports.--Each entity receiving a grant or 
     cooperative agreement under this subsection shall submit a 
     performance report to the Secretary at such time as the 
     Secretary requires. Such report shall describe the activities 
     that have been carried out with the grant or cooperative 
     agreement funds and the effectiveness of such activities, and 
     provide such additional information as the Secretary may 
     require.
       ``(d) Grants or Cooperative Agreement for Implementation, 
     Evaluation, and Scaling of Primary and Secondary Prevention 
     Strategies.--
       ``(1) Eligibility.--To be eligible to receive a grant or 
     cooperative agreement under this subsection, an entity 
     shall--
       ``(A) be a State, Tribal, or territorial Domestic Violence 
     Coalition; and
       ``(B) include representatives of pertinent sectors of the 
     local community to be served, which may include--
       ``(i) health care providers;
       ``(ii) State, Tribal, or local health departments serving 
     the local community;
       ``(iii) the education community;
       ``(iv) the juvenile justice system;
       ``(v) family violence, domestic violence, or dating 
     violence service program advocates;
       ``(vi) faith-based organizations;
       ``(vii) public human service entities;
       ``(viii) business leaders;
       ``(ix) civic leaders;
       ``(x) child and youth-serving organizations;
       ``(xi) community-based organizations that provide 
     culturally appropriate services to underserved populations, 
     such as racial and ethnic minority populations; and
       ``(xii) other pertinent sectors.
       ``(2) Term.--Grants or cooperative agreements under this 
     subsection shall be for a period of not more than 5 fiscal 
     years.
       ``(3) Applications.--An entity that desires a grant or 
     cooperative agreement under this subsection to carry out a 
     project shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require, which shall include the information 
     described in each of the following subparagraphs:
       ``(A) A complete description of--
       ``(i) the prevention models and strategies to be 
     implemented, tested, or scaled and partner organizations that 
     will be implementing a project to prevent family violence, 
     domestic violence, and dating violence;
       ``(ii) the coalition's strategy to prevent family violence, 
     domestic violence, and dating violence and the expected 
     outcomes from the prevention activities to be carried out 
     under the grant;
       ``(iii) the method to be used for identification and 
     selection of project staff and a project evaluator; and
       ``(iv) the method to be used for identification and 
     selection of a project council consisting of representatives 
     of the community sectors listed in paragraph (1)(B).
       ``(B) A demonstration that the coalition--
       ``(i) has developed collaborative relationships with 
     diverse communities, including organizations primarily 
     serving culturally specific or other underserved populations; 
     and
       ``(ii) has the capacity to carry out collaborative 
     community initiatives to prevent family violence, domestic 
     violence, and dating violence.
       ``(C) Such other information, agreements, and assurances as 
     the Secretary may require.
       ``(4) Geographical dispersion.--The Secretary shall award 
     grants or cooperative agreements under this subsection to 
     coalitions for States and Tribes that are geographically 
     dispersed throughout the United States.
       ``(5) Use of funds.--
       ``(A) In general.--An entity that receives a grant or 
     cooperative agreements under this subsection shall use the 
     grant or cooperative agreement funds to--
       ``(i) establish, operate, maintain, and evaluate a project 
     that involves a coordinated community response to reduce risk 
     factors for family violence, domestic violence, and dating 
     violence perpetration and enhance protective factors to 
     promote positive development and healthy relationships and 
     communities; and
       ``(ii) if such a project shows promising or demonstrated 
     evidence of effectiveness, scale up such project.
       ``(B) Requirements.--In establishing and operating a 
     project under this paragraph, an entity shall--
       ``(i) utilize evidence-informed prevention project 
     planning;
       ``(ii) recognize and address the needs of underserved 
     populations, such as racial and ethnic minority populations 
     and persons with disabilities, through culturally specific 
     responses; and
       ``(iii) expand family violence, domestic violence, and 
     dating violence prevention strategies among local domestic 
     violence programs and other community-based programs.
       ``(6) Reports.--
       ``(A) In general.--Each entity receiving a grant or 
     cooperative agreement under this subsection shall submit a 
     performance report to the Secretary at such time as the 
     Secretary requires. Such report shall contain an evaluation 
     that describes the activities that have been carried out with 
     the grant or cooperative agreement funds and the 
     effectiveness of such activities, and provide such additional 
     information as the Secretary may require.
       ``(B) Publication.--The Secretary shall make the evaluation 
     reports received under this paragraph publicly available on 
     the Department of Health and Human Services website, and 
     submit such reports to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and Labor of the House of Representatives.
       ``(e) Technical Assistance, Evaluation, and Monitoring.--
     The Secretary may use a portion of the funds appropriated to 
     carry out this section to provide for the evaluation, 
     monitoring, administration, and technical assistance of 
     programs authorized under subsection (b).
       ``(f) Rules of Construction.--
       ``(1) State domestic violence coalition.--Notwithstanding 
     section 302, for purposes of this Act, the term `State', used 
     with respect to a Domestic Violence Coalition, means a State 
     Domestic Violence Coalition operating in a State that is one 
     of the several States or the District of Columbia.
       ``(2) Territorial domestic violence coalition.--For 
     purposes of this Act, the term `territorial' used with 
     respect to a Domestic Violence Coalition, means a State 
     Domestic Violence Coalition operating in a State that is the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, or the Commonwealth of the Northern 
     Mariana Islands.''.

     SEC. 5620. ANALYSIS OF FEDERAL SUPPORT FOR FINANCIAL 
                   STABILITY AMONG SURVIVORS OF FAMILY VIOLENCE, 
                   DOMESTIC VIOLENCE, AND DATING VIOLENCE.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) conduct a study that includes--
       (A) a review of what is known about the number of survivors 
     of family violence, domestic violence, and dating violence in 
     the United States;
       (B) statistical data for recent fiscal years, as available, 
     on such number of survivors;
       (C) a description of key Federal programs providing such 
     survivors with financial and nonfinancial services and 
     supports;
       (D) an analysis of the gaps in such services and supports 
     provided by Federal programs, including in meeting the 
     financial and nonfinancial needs of survivors;
       (E) a demographic analysis of the distribution of such gaps 
     for groups including racial and ethnic minorities, 
     individuals with disabilities, Tribal populations, and 
     individuals who are geographically isolated;
       (F) a review of challenges that could affect program 
     utilization by such survivors; and
       (G) an review of the extent to which Federal agencies 
     administering programs described in subparagraph (C) have 
     taken steps to ensure that survivors of family violence, 
     domestic violence, and dating violence have access to 
     programs that will support them; and
       (2) submit to the Committee on Health, Education, Labor, 
     and Pensions and the

[[Page S5647]]

     Committee on the Judiciary of the Senate and the Committee on 
     Education and Labor and the Committee on the Judiciary of the 
     House of Representatives a report on such study.

     SEC. 5621. GAO REVIEW OF RESOURCE CENTERS.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) conduct a review of the resource centers receiving 
     grants under section 310 of the Family Violence Prevention 
     and Services Act (42 U.S.C. 10410) that includes--
       (A) an evaluation of how the Secretary of Health and Human 
     Services works to ensure the effectiveness of such resource 
     centers in providing information, education, and technical 
     assistance related to the response to, intervention in, and 
     prevention of family violence, domestic violence, and dating 
     violence;
       (B) an evaluation of the quality of the data submissions 
     under subsection (d) of such section;
       (C) recommendations, as appropriate, to the Secretary for 
     improvements to the use of such resource centers; and
       (D) an evaluation of the capacity of the Secretary to 
     present statutorily-required data on such resource centers to 
     Congress within the required timeframe; and
       (2) submit a report to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and Labor of the House of Representatives on such 
     review.

                     TITLE LVII--GENERAL PROVISIONS

     SEC. 5701. EFFECTIVE DATE AND TRANSITION RULE.

       (a) Effective Date.--This division, including the 
     amendments made by this division, takes effect on the date of 
     enactment of this Act.
       (b) Transition.--
       (1) Definition.--In this section, the term ``immediate 
     provision'' means any of--
       (A) sections 5109, 5111, 5202, 5302, 5303, 5504, 5506, 
     5605, 5620, and 5621, including an amendment made by that 
     section;
       (B) the portion of section 5301 that adds section 302 of 
     the Child Abuse Prevention and Treatment Act;
       (C) the portions of section 5401 that insert sections 403 
     and 405 of the Child Abuse Prevention and Treatment Act; and
       (D) the portion of section 5612 that adds paragraph (3) to 
     section 310(a) of the Family Violence Prevention and Services 
     Act.
       (2) Applicable provisions.--For each provision of this 
     division that is not one of the immediate provisions, the 
     Secretary of Health and Human Services--
       (A) shall determine the date (which shall be not later than 
     October 1, 2024) on which the provision shall apply;
       (B) until the date the provision applies, shall apply the 
     corresponding provision (if any) in effect on the day before 
     the date of enactment of this Act; and
       (C) shall have the authority to take such steps as are 
     necessary to provide for the orderly transition to, and 
     implementation of, programs authorized by this division, 
     including the amendments made by this division, not later 
     than October 1, 2024.
       (3) Immediate provision.--In order to provide for that 
     orderly transition, until October 1, 2024, a reference in an 
     immediate provision shall be considered to be a reference to 
     that provision, or to the corresponding provision (if any) 
     described in paragraph (2)(B), as determined by the 
     Secretary.
                                 ______
                                 
  SA 6092. 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. ENFORCEMENT OF ARMS EMBARGO ON SOUTH SUDAN.

       (a) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State and the Secretary of 
     the Treasury, shall provide to the appropriate congressional 
     committees a report on military assistance and arms sales 
     supplied to South Sudan by any foreign government or private 
     military entity headquartered or registered in any country.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) A description of all known bilateral agreements between 
     South Sudan and foreign governments since 2011, including 
     agreements regarding military and technical cooperation, arms 
     sales, and natural resource exploration for extraction 
     purposes.
       (2) An analysis of direct or indirect military support to 
     South Sudan or non-state armed groups in South Sudan by a 
     foreign government or a private military entity headquartered 
     or registered in a foreign country, including a description 
     of the types of support and an estimate of the monetary value 
     of such support.
       (3) A description of arms sales or deliveries to South 
     Sudan within the previous calendar year and an analysis of 
     the extent to which such arms sales violate the arms embargo.
       (4) An analysis of efforts by South Sudan through direct 
     and indirect lobbying and misinformation to undermine or 
     evade the arms embargo.
       (5) An analysis of how foreign arms sales to the 
     Revitalized Transitional Government of National Unity 
     (RTGoNU) of South Sudan and non-state armed groups impact 
     human rights and the peace and security in South Sudan, 
     including the implementation of the Revitalized Agreement on 
     the Resolution of the Conflict in the Republic of South Sudan 
     (R-ARCSS), signed on September 12, 2018, by the government 
     and main opposition parties of South Sudan.
       (6) A plan for the United States Government to monitor, 
     report, and counteract efforts by South Sudan, any foreign 
     government, and any private military entity headquartered or 
     registered in a country other than South Sudan to evade the 
     arms embargo, including export controls.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' 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.
       (2) Arms embargo.--The term ``arms embargo'' means the arms 
     embargo imposed on the Republic of South Sudan by the United 
     Nations Security Council.
                                 ______
                                 
  SA 6093. 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. SECURING ALLIES FOOD IN EMERGENCIES.

       (a) Short Titles.--This section may be cited as the 
     ``Securing Allies Food in Emergencies Act'' or the ``SAFE 
     Act''.
       (b) Statement of Policy.--It is the policy of the United 
     States to respond to the looming global food crisis 
     precipitated by the Russian Federation's brutal, illegal 
     invasion of Ukraine beginning in February 2022, which 
     threatens to destabilize key partners and allies and push 
     millions of people into hunger and poverty, particularly in 
     areas of Africa and the Middle East that are already 
     experiencing emergency levels of food insecurity, by taking 
     immediate action to improve the timeliness and expand the 
     reach of United States international food assistance.
       (c) Strategy to Avert a Global Food Crisis.--
       (1) Strategy requirement.--Not later than 30 days after the 
     date of the enactment of this Act, the Administrator of the 
     United States Agency for International Development, acting in 
     the capacity of the President's Special Coordinator for 
     International Disaster Assistance pursuant to section 493 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2292b), shall 
     develop and submit a strategy to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives for averting a catastrophic 
     global food security crisis, particularly in areas of Africa 
     and the Middle East that are already experiencing emergency 
     levels of food insecurity, which has been driven by sharp 
     increases in global prices for staple agricultural 
     commodities, agricultural inputs (including fertilizer), and 
     associated energy costs.
       (2) Considerations.--In developing the strategy required 
     under paragraph (1), the Administrator shall consider and 
     incorporate an analysis of--
       (A) the impact of the Russian Federation's brutal, illegal 
     war in Ukraine on the cost and availability of staple 
     agricultural commodities and inputs, including fertilizer--
       (i) globally;
       (ii) in countries that rely upon commercial imports of such 
     commodities and inputs from Ukraine or Russia; and
       (iii) in countries that are supported through the United 
     Nations World Food Programme, which heavily relies upon 
     purchases of wheat and pulses from Ukraine and has recently 
     reported a price increase of more than $23,000,000 per month 
     for its wheat purchases;
       (B) the correlation between rising food costs and social 
     unrest in areas of strategic importance to the United States, 
     including countries and regions that experienced food riots 
     during the 2007 to 2008 global food price crisis;
       (C) the underlying drivers of food insecurity in areas 
     experiencing emergency levels of hunger, including current 
     barriers to food security development programs and 
     humanitarian assistance;
       (D) existing United States foreign assistance authorities, 
     programs, and resources that could help avert a catastrophic 
     global food crisis;

[[Page S5648]]

       (E) recommendations to enhance the efficiency, improve the 
     timeliness, and expand the reach of United States 
     international food assistance programs and resources referred 
     to in subparagraph (D);
       (F) opportunities to bolster coordination, catalyze and 
     leverage actions by other donors and through multilateral 
     development banks;
       (G) opportunities to better synchronize assistance through 
     well-coordinated development and humanitarian assistance 
     programs within the United States Agency for International 
     Development and alongside other donors;
       (H) opportunities to improve supply chain and shipping 
     logistics efficiencies in close collaboration with the 
     private sector;
       (I) opportunities for increased cooperation with the 
     Department of State to strengthen diplomatic efforts to 
     resolve global conflicts and overcome barriers to access for 
     life-saving assistance;
       (J) opportunities to support continued agricultural 
     production in Ukraine, and the extent to which food produced 
     in Ukraine can be used to meet humanitarian needs locally, 
     regionally, or in countries historically reliant upon imports 
     from Ukraine or Russia; and
       (K) opportunities to support and leverage agricultural 
     production in countries and regions currently supported by 
     United States international agricultural development 
     programs, including programs authorized under the Global Food 
     Security Act of 2016 (22 U.S.C. 9301 et seq.), in a manner 
     that--
       (i) fills critical gaps in the global supply of emergency 
     food aid commodities;
       (ii) enables purchases from small holder farmers by the 
     United Nations World Food Programme;
       (iii) enhances resilience to food price shocks;
       (iv) promotes self-reliance; and
       (v) opens opportunities for United States agricultural 
     trade and investment.
       (d) Emergency Authorities to Expand the Timeliness and 
     Reach of United States International Food Assistance.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administrator of the United States Agency for 
     International Development is authorized to procure life-
     saving food aid commodities, including commodities available 
     locally and regionally, for the provision of emergency food 
     assistance to the most vulnerable populations in countries 
     and areas experiencing acute food insecurity that has been 
     exacerbated by rising food prices, particularly in countries 
     and areas historically dependent upon imports of wheat and 
     other staple commodities from Ukraine and Russia.
       (2) Prioritization.--
       (A) In general.--In responding to crises in which emergency 
     food aid commodities are unavailable locally or regionally, 
     or in which the provision of locally or regionally procured 
     agricultural commodities would be unsafe, impractical, or 
     inappropriate, the Administrator should prioritize 
     procurements of United States agricultural commodities, 
     including when exercising authorities under section 491 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2292).
       (B) Local or regional procurements.--In making local or 
     regional procurements of food aid commodities pursuant to 
     paragraph (1), the Administrator, to the extent practicable 
     and appropriate, should prioritize procurements from areas 
     supported through the international agricultural development 
     programs authorized under the Global Food Security Act of 
     2016 (22 U.S.C. 9301 et seq.) and from Ukraine, for the 
     purpose of promoting economic stability, resilience to price 
     shocks, and early recovery from such shocks in such areas.
       (3) Do no harm.--In making local or regional procurements 
     of food aid commodities pursuant to paragraph (1), the 
     Administrator shall first conduct market assessments to 
     ensure that such procurements--
       (A) will not displace United States agricultural trade and 
     investment; and
       (B) will not cause or exacerbate shortages, or otherwise 
     harm local markets, for such commodities within the countries 
     of origin.
       (4) Emergency exceptions.--
       (A) In general.--Commodities procured pursuant to paragraph 
     (2) shall be excluded from calculations of gross tonnage for 
     purposes of determining compliance with section 55305(b) of 
     title 46, United States Code.
       (B) Conforming amendment.--Section 55305(b) of title 46, 
     United States Code, is amended by striking ``shall'' and 
     inserting ``should''.
       (5) Exclusion.--The authority under paragraph (1) shall not 
     apply to procurements from the Russian Federation, the 
     People's Republic of China, or any country subject to 
     sanctions under--
       (A) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (B) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (C) section 1754(c) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(c)).
                                 ______
                                 
  SA 6094. Mr. HAGERTY (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. COMMISSION ON REFORM AND MODERNIZATION OF THE 
                   DEPARTMENT OF STATE.

       (a) Short Title.--This section may be cited as the 
     ``Commission on Reform and Modernization of the Department of 
     State Act''.
       (b) Establishment of Commission.--There is established, in 
     the legislative branch, the Commission on Reform and 
     Modernization of the Department of State (referred to in this 
     section as the ``Commission'').
       (c) Purposes.--The purposes of the Commission are--
       (1) to examine the changing nature of diplomacy in the 21st 
     century and the ways in which the Department of State and its 
     personnel can modernize to advance the interests of the 
     United States; and
       (2) to offer recommendations to the President and Congress 
     related to--
       (A) the organizational structure of the Department of 
     State, including a review of the jurisdictional 
     responsibilities of all of the Department's regional bureaus 
     (the Bureau of African Affairs, the Bureau of East Asian and 
     Pacific Affairs, the Bureau of European and Eurasian Affairs, 
     the Bureau of Near Eastern Affairs, the Bureau of South and 
     Central Asian Affairs, and the Bureau of Western Hemisphere 
     Affairs);
       (B) personnel-related matters, including recruitment, 
     promotion, training, and retention of the Department of 
     State's workforce in order to retain the best and brightest 
     personnel and foster effective diplomacy worldwide, including 
     measures to strengthen diversity and inclusion to ensure that 
     the Department's workforce represents all of America;
       (C) the Department of State's infrastructure (both domestic 
     and overseas), including infrastructure relating to 
     information technology, transportation, and security;
       (D) the link among diplomacy and defense, intelligence, 
     development, commercial, health, law enforcement, and other 
     core United States interests;
       (E) core legislation that authorizes United States 
     diplomacy, including the Foreign Service Act of 1980 (Public 
     Law 96-465);
       (F) related regulations, rules, and processes that define 
     United States diplomatic efforts, including the Foreign 
     Affairs Manual;
       (G) Chief of Mission authority at United States diplomatic 
     missions overseas, including authority over employees of 
     other Federal departments and agencies; and
       (H) treaties that impact United States overseas presence.
       (d) Membership.--
       (1) Composition.--The Commission shall be composed of 8 
     members, of whom--
       (A) 1 member shall be appointed by the chairperson of the 
     Committee on Foreign Relations of the Senate, who shall serve 
     as co-chair of the Commission;
       (B) 1 member shall be appointed by the ranking member of 
     the Committee on Foreign Relations of the Senate, who shall 
     serve as co-chair of the Commission;
       (C) 1 member shall be appointed by the chairperson of the 
     Committee on Foreign Affairs of the House of Representatives;
       (D) 1 member shall be appointed by the ranking member of 
     the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) 1 member shall be appointed by the majority leader of 
     the Senate;
       (F) 1 member shall be appointed by the Speaker of the House 
     of Representatives;
       (G) 1 member shall be appointed by the minority leader of 
     the Senate; and
       (H) 1 member shall be appointed by the minority leader of 
     the House of Representatives.
       (2) Qualifications; meetings.--
       (A) Membership.--The members of the Commission should be 
     prominent United States citizens, with national recognition 
     and significant depth of experience in international 
     relations and with the Department of State.
       (B) Political party affiliation.--Not more than 4 members 
     of the Commission may be from the same political party.
       (C) Meetings.--
       (i) Initial meeting.--The Commission shall hold the first 
     meeting and begin operations as soon as practicable.
       (ii) Frequency.--The Commission shall meet at the call of 
     the co-chairs.
       (iii) Quorum.--Five members of the Commission shall 
     constitute a quorum for purposes of conducting business, 
     except that 2 members of the Commission shall constitute a 
     quorum for purposes of receiving testimony.
       (D) Vacancies.--Any vacancy in the Commission shall not 
     affect the powers of the Commission, but shall be filled in 
     the same manner as the original appointment.
       (e) Functions of Commission.--
       (1) In general.--The Commission shall act by resolution 
     agreed to by a majority of the members of the Commission 
     voting and present.
       (2) Panels.--The Commission may establish panels composed 
     of less than the full membership of the Commission for 
     purposes of carrying out the duties of the Commission under 
     this section. The actions of any such

[[Page S5649]]

     panel shall be subject to the review and control of the 
     Commission. Any findings and determinations made by such a 
     panel may not be considered the findings and determinations 
     of the Commission unless such findings and determinations are 
     approved by the Commission.
       (3) Delegation.--Any member, agent, or staff of the 
     Commission may, if authorized by the co-chairs of the 
     Commission, take any action which the Commission is 
     authorized to take pursuant to this section.
       (f) Powers of Commission.--
       (1) Hearings and evidence.--The Commission or any panel or 
     member of the Commission, as delegated by the co-chairs, may, 
     for the purpose of carrying out this section--
       (A) hold such hearings and meetings, take such testimony, 
     receive such evidence, and administer such oaths as the 
     Commission or such designated subcommittee or designated 
     member considers necessary;
       (B) require the attendance and testimony of such witnesses 
     and the production of such correspondence, memoranda, papers, 
     and documents, as the Commission or such designated 
     subcommittee or designated member considers necessary; and
       (C) subject to applicable privacy laws and relevant 
     regulations, secure directly from any Federal department or 
     agency information and data necessary to enable it to carry 
     out its mission, which shall be provided by the head or 
     acting representative of the department or agency not later 
     than 30 days after the Commission provides a written request 
     for such information and data.
       (2) Contracts.--The Commission, to such extent and in such 
     amounts as are provided in appropriations Acts, may enter 
     into contracts to enable the Commission to discharge its 
     duties under this section.
       (3) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from 
     any executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     Government, information, suggestions, estimates, and 
     statistics for the purposes of this section.
       (B) Furnishing information.--Each department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality, to the extent authorized by law, shall 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by a 
     co-chair, the chair of any panel created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission.
       (C) Handling.--Information may only be received, handled, 
     stored, and disseminated by members of the Commission and its 
     staff in accordance with all applicable statutes, 
     regulations, and Executive orders.
       (4) Assistance from federal agencies.--
       (A) Secretary of state.--The Secretary of State shall 
     provide to the Commission, on a nonreimbursable basis, such 
     administrative services, funds, staff, facilities, and other 
     support services as are necessary for the performance of the 
     Commission's duties under this section.
       (B) Other departments and agencies.--Other Federal 
     departments and agencies may provide the Commission such 
     services, funds, facilities, staff, and other support as such 
     departments and agencies consider advisable and as may be 
     authorized by law.
       (C) Cooperation.--The Commission shall receive the full and 
     timely cooperation of any official, department, or agency of 
     the Federal Government whose assistance is necessary, as 
     jointly determined by the co-chairs of the Commission, for 
     the fulfillment of the duties of the Commission, including 
     the provision of full and current briefings and analyses.
       (5) Assistance from independent organizations.--
       (A) In general.--In order to inform its work, the 
     Commission should review reports that were written during the 
     15-year period ending on the date of the enactment of this 
     Act by independent organizations and outside experts relating 
     to reform and modernization of the Department of State.
       (B) Avoiding duplication.--In analyzing the reports 
     referred to in subparagraph (A), the Commission should pay 
     particular attention to any specific reform proposals that 
     have been recommended by 2 or more of such reports.
       (6) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (7) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (8) Congressional consultation.--Not less frequently than 
     quarterly, the Commission shall provide a briefing to the 
     appropriate congressional committees about the work of the 
     Commission.
       (g) Staff and Compensation.--
       (1) Staff.--
       (A) Compensation.--The co-chairs of the Commission, in 
     accordance with rules established by the Commission, shall 
     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 duties, without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that no rate of pay fixed under this subsection may 
     exceed the equivalent of that payable to a person occupying a 
     position at level V of the Executive Schedule under section 
     5316 of such title.
       (B) Detail of government employees.--A Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (C) Procurement of temporary and intermittent services.--
     The co-chairs of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of such title.
       (2) Commission members.--
       (A) Compensation.--
       (i) In general.--Except as provided in paragraph (2), each 
     member of the Commission may be compensated at a rate not to 
     exceed the daily equivalent of the annual rate of basic pay 
     in effect for a position at level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code, 
     for each day during which that member is engaged in the 
     actual performance of the duties of the Commission under this 
     section.
       (ii) Waiver of certain provisions.--Subsections (a) through 
     (d) of section 824 of the Foreign Service Act of 1980 (22 
     U.S.C. 4064) are waived for an annuitant on a temporary basis 
     so as to be compensated for work performed as part of the 
     Commission.
       (3) Travel expenses.--While away from their homes or 
     regular places of business in the performance of service for 
     the Commission, members and staff of the Commission, and any 
     Federal Government employees detailed to the Commission, 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, in the same manner as persons employed 
     intermittently in Government service are allowed expenses 
     under section 5703(b) of title 5, United States Code.
       (4) Security clearances for commission members and staff.--
     The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     Commission members and staff appropriate security clearances 
     to the extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided access 
     to classified information under this section without the 
     appropriate security clearances.
       (h) Report.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Commission shall submit a 
     final report to the President and to Congress that--
       (A) examines all substantive aspects of Department of State 
     personnel, management, and operations; and
       (B) contains such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (2) Elements.--The report required under paragraph (1) 
     shall include findings, conclusions, and recommendations 
     related to--
       (A) the organizational structure of the Department of 
     State, including recommendations on whether any of the 
     jurisdictional responsibilities among the bureaus referred to 
     in subsection (c)(2)(A) should be adjusted, with particular 
     focus on the opportunities and costs of adjusting 
     jurisdictional responsibility between the Bureau of Near 
     Eastern Affairs to the Bureau of African Affairs, the Bureau 
     of East Asian and Pacific Affairs, the Bureau of South and 
     Central Asian Affairs, and any other bureaus as may be 
     necessary to advance United States efforts to strengthen its 
     diplomatic engagement in the Indo-Pacific region;
       (B) personnel-related matters, including recruitment, 
     promotion, training, and retention of the Department of 
     State's workforce in order to retain the best and brightest 
     personnel and foster effective diplomacy worldwide, including 
     measures to strengthen diversity and inclusion to ensure that 
     the Department's workforce represents all of America;
       (C) the Department of State's infrastructure (both domestic 
     and overseas), including infrastructure relating to 
     information technology, transportation, and security;
       (D) the link between diplomacy and defense, intelligence, 
     development, commercial, health, law enforcement, and other 
     core United States interests;
       (E) core legislation that authorizes United States 
     diplomacy;
       (F) related regulations, rules, and processes that define 
     United States diplomatic efforts, including the Foreign 
     Affairs Manual;
       (G) treaties that impact United States overseas presence;
       (H) the authority of Chiefs of Mission at United States 
     diplomatic missions overseas, including the degree of 
     authority that Chiefs of Mission exercise in reality over 
     Department of State employees and other Federal employees at 
     overseas posts;
       (I) any other areas that the Commission considers necessary 
     for a complete appraisal of United States diplomacy and 
     Department of State management and operations; and
       (J) the amount of time, manpower, and financial resources 
     that would be necessary to implement the recommendations 
     specified under this paragraph.
       (3) Department of state response.--The Secretary of State 
     shall have the right to review and respond to all Commission 
     recommendations--

[[Page S5650]]

       (A) before the Commission submits its report to the 
     President and to Congress; and
       (B) not later than 90 days after receiving such 
     recommendations from the Commission.
       (i) Termination of Commission.--
       (1) In general.--The Commission, and all the authorities 
     under this section, shall terminate on the date that is 60 
     days after the date on which the final report is submitted 
     pursuant to subsection (h).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the report.
       (j) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Commission to carry out this section $2,000,000 for 
     fiscal year 2023.
       (2) Availability.--Amounts made available to the Commission 
     pursuant to paragraph (1) shall remain available until the 
     date on which the Commission is terminated pursuant to 
     subsection (i)(1).
       (k) Inapplicability of Certain Administrative Provisions.--
       (1) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (2) Freedom of information act.--The provisions of section 
     552 of title 5, United States Code (commonly referred to as 
     the ``Freedom of Information Act'') shall not apply to the 
     activities, records, and proceedings of the Commission.
                                 ______
                                 
  SA 6095. Mr. HAGERTY (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. FOREIGN AFFAIRS TRAINING.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of State is a crucial national security 
     agency, whose employees, both Foreign Service and Civil 
     Service, require the best possible training and professional 
     development at every stage of their careers to prepare them 
     to promote and defend United States national interests and 
     the health and safety of United States citizens abroad;
       (2) the Department of State faces increasingly complex and 
     rapidly evolving challenges, many of which are science- and 
     technology-driven, and which demand continual, high-quality 
     training and professional development of its personnel;
       (3) the new and evolving challenges of national security in 
     the 21st century necessitate the expansion of standardized 
     training and professional development opportunities linked to 
     equitable, accountable, and transparent promotion and 
     leadership practices for Department of State and other 
     national security agency personnel; and
       (4) consistent with gift acceptance authority of the 
     Department of State and other applicable laws in effect as of 
     the date of the enactment of this Act, the Department and the 
     Foreign Service Institute may accept funds and other 
     resources from foundations, not-for-profit corporations, and 
     other appropriate sources to help the Department and the 
     Institute enhance the quantity and quality of training and 
     professional development offerings, especially in the 
     introduction of new, innovative, and pilot model courses.
       (b) Defined Term.--In this section, the term ``appropriate 
     committees of Congress'' 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.
       (c) Training and Professional Development Prioritization.--
     In order to provide the Civil Service of the Department of 
     State and the Foreign Service with the level of professional 
     development and training needed to effectively advance United 
     States interests across the world, the Secretary of State 
     shall--
       (1) increase relevant offerings provided by the Department 
     of State--
       (A) of interactive virtual instruction to make training and 
     professional development more accessible and useful to 
     personnel deployed throughout the world; or
       (B) at partner organizations, including universities, 
     industry entities, and nongovernmental organizations, 
     throughout the United States to provide useful outside 
     perspectives to Department of State personnel by providing 
     such personnel--
       (i) a more comprehensive outlook on different sectors of 
     United States society; and
       (ii) practical experience dealing with commercial 
     corporations, universities, labor unions, and other 
     institutions critical to United States diplomatic success;
       (2) offer courses using computer-based or computer-assisted 
     simulations, allowing civilian officers to lead decision 
     making in a crisis environment, and encourage officers of the 
     Department of State, and reciprocally, officers of other 
     Federal departments to participate in similar exercises held 
     by the Department or other government organizations and the 
     private sector;
       (3) increase the duration and expand the focus of certain 
     training and professional development courses, including by 
     extending--
       (A) the A-100 entry-level course to as long as 12 weeks, 
     which better matches the length of entry-level training and 
     professional development provided to the officers in other 
     national security departments and agencies; and
       (B) the Chief of Mission course to as long as 6 weeks for 
     first time Chiefs of Mission and creating comparable courses 
     for new Assistant Secretaries and Deputy Assistant 
     Secretaries to more accurately reflect the significant 
     responsibilities accompanying such roles; and
       (4) ensure that Foreign Service officers who are assigned 
     to a country experiencing significant population displacement 
     due to the impacts of climatic and non-climatic shocks and 
     stresses, including rising sea levels and lack of access to 
     affordable and reliable energy and electricity, receive 
     specific instruction on United States policy with respect to 
     resiliency and adaptation to such climatic and non-climatic 
     shocks and stresses.
       (d) Fellowships.--The Director General of the Foreign 
     Service shall--
       (1) expand and establish new fellowship programs for 
     Foreign Service and Civil Service officers that include 
     short- and long-term opportunities at organizations, 
     including--
       (A) think tanks and nongovernmental organizations;
       (B) the Department of Defense, the elements of the 
     intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)), and other 
     relevant Federal agencies;
       (C) industry entities, especially such entities related to 
     technology, global operations, finance, and other fields 
     directly relevant to international affairs; and
       (D) schools of international relations and other relevant 
     programs at universities throughout the United States; and
       (2) not later than 180 days after the date of the enactment 
     of this Act, submit a report to Congress that describes how 
     the Department of State could expand the Pearson Fellows 
     Program for Foreign Service Officers and the Brookings Fellow 
     Program for Civil Servants to provide fellows in such 
     programs with the opportunity to undertake a follow-on 
     assignment within the Department in an office in which 
     fellows will gain practical knowledge of the people and 
     processes of Congress, including offices other than the 
     Legislative Affairs Bureau, including--
       (A) an assessment of the current state of congressional 
     fellowships, including the demand for fellowships and the 
     value the fellowships provide to both the career of the 
     officer and to the Department of State; and
       (B) an assessment of the options for making congressional 
     fellowships for both the Foreign and Civil Services more 
     career-enhancing.
       (e) Board of Visitors of the Foreign Service Institute.--
       (1) Establishment.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     establish a Board of Visitors of the Foreign Service 
     Institute (referred to in this subsection as the ``Board'').
       (2) Duties.--The Board shall provide the Secretary of State 
     with independent advice and recommendations regarding 
     organizational management, strategic planning, resource 
     management, curriculum development, and other matters of 
     interest to the Foreign Service Institute, including regular 
     observations about how well the Department of State is 
     integrating training and professional development into the 
     work of the Bureau for Global Talent Management.
       (3) Membership.--
       (A) In general.--The Board shall be--
       (i) nonpartisan; and
       (ii) composed of 12 members, of whom--

       (I) 2 members shall be appointed by the Chairperson of the 
     Committee on Foreign Relations of the Senate;
       (II) 2 members shall be appointed by the ranking member of 
     the Committee on Foreign Relations of the Senate;
       (III) 2 members shall be appointed by the Chairperson of 
     the Committee on Foreign Affairs of the House of 
     Representatives;
       (IV) 2 members shall be appointed by the ranking member of 
     the Committee on Foreign Affairs of the House of 
     Representatives; and
       (V) 4 members shall be appointed by the Secretary of State.

       (B) Qualifications.--Members of the Board shall be 
     appointed from among individuals who--
       (i) are not officers or employees of the Federal 
     Government; and
       (ii) are eminent authorities in the fields of diplomacy, 
     national security, management, leadership, economics, trade, 
     technology, or advanced international relations education.
       (C) Outside expertise.--
       (i) In general.--Not fewer than 6 members of the Board 
     shall have a minimum of 10

[[Page S5651]]

     years of relevant expertise outside the field of diplomacy.
       (ii) Prior senior service at the department of state.--Not 
     more than 6 members of the Board may be persons who 
     previously served in the Senior Foreign Service or the Senior 
     Executive Service at the Department of State.
       (4) Terms.--Each member of the Board shall be appointed for 
     a term of 3 years, except that of the members first 
     appointed--
       (A) 4 members shall be appointed for a term of 3 years;
       (B) 4 members shall be appointed for a term of 2 years; and
       (C) 4 members shall be appointed for a term of 1 year.
       (5) Reappointment; replacement.--A member of the Board may 
     be reappointed or replaced at the discretion of the official 
     who made the original appointment.
       (6) Chairperson; co-chairperson.--
       (A) Approval.--The Chairperson and Vice Chairperson of the 
     Board shall be approved by the Secretary of State based upon 
     a recommendation from the members of the Board.
       (B) Service.--The Chairperson and Vice Chairperson shall 
     serve at the discretion of the Secretary of State.
       (7) Meetings.--The Board shall meet--
       (A) at the call of the Director of the Foreign Service 
     Institute and the Chairperson; and
       (B) not fewer than 2 times per year.
       (8) Compensation.--Each member of the Board shall serve 
     without compensation, except that a member of the Board 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 service for the Board. 
     Notwithstanding section 1342 of title 31, United States Code, 
     the Secretary of State may accept the voluntary and 
     uncompensated service of members of the Board.
       (9) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
     the Board established under this subsection.
       (f) Establishment of Provost of the Foreign Service 
     Institute.--
       (1) Establishment.--There is established in the Foreign 
     Service Institute the position of Provost.
       (2) Appointment; reporting.--The Provost shall--
       (A) be appointed by the Secretary of State; and
       (B) report to the Director of the Foreign Service 
     Institute.
       (3) Qualifications.--The Provost shall be--
       (A) an eminent authority in the field of diplomacy, 
     national security, education, management, leadership, 
     economics, history, trade, adult education, or technology; 
     and
       (B) a person with significant experience outside the 
     Department of State, whether in other national security 
     agencies or in the private sector, and preferably in 
     positions of authority in educational institutions or the 
     field of professional development and mid-career training 
     with oversight for the evaluation of academic programs.
       (4) Duties.--The Provost shall--
       (A) oversee, review, evaluate, and coordinate the academic 
     curriculum for all courses taught and administered by the 
     Foreign Service Institute;
       (B) coordinate the development of an evaluation system to 
     ascertain how well participants in Foreign Service Institute 
     courses have absorbed and utilized the information, ideas, 
     and skills imparted by each such course, such that 
     performance assessments can be included in the personnel 
     records maintained by the Bureau of Global Talent Management 
     and utilized in Foreign Service Selection Boards, which may 
     include--
       (i) the implementation of a letter or numerical grading 
     system; and
       (ii) assessments done after the course has concluded; and
       (C) report not less frequently than quarterly to the Board 
     of Visitors regarding the development of curriculum and the 
     performance of Foreign Service officers.
       (5) Term.--The Provost shall serve for a term of not fewer 
     than 5 years and may be reappointed for 1 additional 5-year 
     term.
       (6) Compensation.--The Provost shall receive a salary 
     commensurate with the rank and experience of a member of the 
     Senior Foreign Service or the Senior Executive Service, as 
     determined by the Secretary of State.
       (g) Other Agency Responsibilities and Opportunities for 
     Congressional Staff.--
       (1) Other agencies.--National security agencies other than 
     the Department of State should be afforded the ability to 
     increase the enrollment of their personnel in courses at the 
     Foreign Service Institute and other training and professional 
     development facilities of the Department to promote a whole-
     of-government approach to mitigating national security 
     challenges.
       (2) Congressional staff.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit a report to the appropriate committees of 
     Congress that describes--
       (A) the training and professional development opportunities 
     at the Foreign Service Institute and other Department of 
     State facilities available to congressional staff;
       (B) the budget impacts of offering such opportunities to 
     congressional staff; and
       (C) potential course offerings.
       (h) Strategy for Adapting Training Requirements for Modern 
     Diplomatic Needs.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     develop and submit to the appropriate committees of Congress 
     a strategy for adapting and evolving training requirements to 
     better meet the Department of State's current and future 
     needs for 21st century diplomacy.
       (2) Elements.--The strategy required under subsection (a) 
     shall include the following elements:
       (A) Integrating training requirements into the Department 
     of State's promotion policies, including establishing 
     educational and professional development standards for 
     training and attainment to be used as a part of tenure and 
     promotion guidelines.
       (B) Addressing multiple existing and emerging national 
     security challenges, including--
       (i) democratic backsliding and authoritarianism;
       (ii) countering, and assisting United States allies to 
     address, state-sponsored disinformation, including through 
     the Global Engagement Center;
       (iii) cyber threats;
       (iv) the aggression and malign influence of Russia, Cuba, 
     Iran, North Korea, the Maduro Regime, and the Chinese 
     Communist Party's multi-faceted and comprehensive challenge 
     to the rules-based order;
       (v) the implications of climate change for United States 
     diplomacy; and
       (vi) nuclear threats.
       (C) An examination of the likely advantages and 
     disadvantages of establishing residential training for the A-
     100 orientation course administered by the Foreign Service 
     Institute and evaluating the feasibility of residential 
     training for other long-term training opportunities.
       (D) An examination of the likely advantages and 
     disadvantages of establishing a press freedom curriculum for 
     the National Foreign Affairs Training Center that enables 
     Foreign Service officers to better understand issues of press 
     freedom and the tools that are available to help protect 
     journalists and promote freedom of the press norms, which may 
     include--
       (i) the historic and current issues facing press freedom, 
     including countries of specific concern;
       (ii) the Department of State's role in promoting press 
     freedom as an American value, a human rights issue, and a 
     national security imperative;
       (iii) ways to incorporate press freedom promotion into 
     other aspects of diplomacy; and
       (iv) existing tools to assist journalists in distress and 
     methods for engaging foreign governments and institutions on 
     behalf of individuals engaged in journalistic activity who 
     are at risk of harm.
       (E) The expansion of external courses offered by the 
     Foreign Service Institute at academic institutions or 
     professional associations on specific topics, including in-
     person and virtual courses on monitoring and evaluation, 
     audience analysis, and the use of emerging technologies in 
     diplomacy.
       (3) Utilization of existing resources.--In examining the 
     advantages and disadvantages of establishing a residential 
     training program pursuant to paragraph (2)(C), the Secretary 
     of State shall--
       (A) collaborate with other national security departments 
     and agencies that employ residential training for their 
     orientation courses; and
       (B) consider using the Department of State's Foreign 
     Affairs Security Training Center in Blackstone, Virginia.
       (i) Report and Briefing Requirements.--
       (1) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate committees of Congress that 
     includes--
       (A) a strategy for broadening and deepening professional 
     development and training at the Department of State, 
     including assessing current and future needs for 21st century 
     diplomacy;
       (B) the process used and resources needed to implement the 
     strategy referred to in subparagraph (A) throughout the 
     Department of State; and
       (C) the results and impact of the strategy on the workforce 
     of the Department of State, particularly the relationship 
     between professional development and training and promotions 
     for Department personnel, and the measurement and evaluation 
     methods used to evaluate such results.
       (2) Briefing.--Not later than 1 year after the date on 
     which the Secretary of State submits the report required 
     under paragraph (1), and annually thereafter for 2 years, the 
     Secretary shall provide to the appropriate committees of 
     Congress a briefing on the information required to be 
     included in the report.
       (j) Foreign Language Maintenance Incentive Program.--
       (1) Authorization.--The Secretary of State is authorized to 
     establish and implement an incentive program, with a similar 
     structure as the Foreign Language Proficiency Bonus offered 
     by the Department of Defense, to encourage members of the 
     Foreign Service who possess language proficiency in any of 
     the languages that qualify for additional incentive pay, as 
     determined by the Secretary, to maintain critical foreign 
     language skills.

[[Page S5652]]

       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate committees of Congress that 
     includes a detailed plan for implementing the program 
     authorized under paragraph (1), including anticipated 
     resource requirements to carry out such program.
       (k) Department of State Workforce Management.--
       (1) Sense of congress.--It is the sense of Congress that 
     informed, data-driven, and long-term workforce management, 
     including with respect to the Foreign Service, the Civil 
     Service, locally employed staff, and contractors, is needed 
     to align diplomatic priorities with the appropriate personnel 
     and resources.
       (2) Annual workforce report.--
       (A) In general.--In order to understand the Department of 
     State's long-term trends with respect to its workforce, the 
     Secretary of State, is consultation with relevant bureaus and 
     offices, including the Bureau of Global Talent Management and 
     the Center for Analytics, shall submit a report to the 
     appropriate committees of Congress that details the 
     Department's workforce, disaggregated by Foreign Service, 
     Civil Service, locally employed staff, and contractors, 
     including, with respect to the reporting period--
       (i) the number of personnel who were hired;
       (ii) the number of personnel whose employment or contract 
     was terminated or who voluntarily left the Department of 
     State;
       (iii) the number of personnel who were promoted, including 
     the grade to which they were promoted;
       (iv) the demographic breakdown of personnel; and
       (v) the distribution of the Department of State's workforce 
     based on domestic and overseas assignments, including a 
     breakdown of the number of personnel in geographic and 
     functional bureaus, and the number of personnel in overseas 
     missions by region.
       (B) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit the report described in subparagraph (A) for each of 
     the fiscal years 2016 through 2022.
       (C) Recurring report.--Not later than December 31, 2023, 
     and annually thereafter for the following 5 years, the 
     Secretary of State shall submit the report described in 
     subparagraph (A) for the most recently concluded fiscal year.
       (D) Use of report data.--The data in each of the reports 
     required under this paragraph shall be used by Congress, in 
     coordination with the Secretary of State, to inform 
     recommendations on the appropriate size and composition of 
     the Department of State.
       (l) Sense of Congress on the Importance of Filling the 
     Position of Under Secretary for Public Diplomacy and Public 
     Affairs.--It is the sense of Congress that since a vacancy in 
     the position of Under Secretary for Public Diplomacy and 
     Public Affairs is detrimental to the national security 
     interests of the United States, the President should 
     expeditiously nominate a qualified individual to such 
     position whenever such vacancy occurs to ensure that the 
     bureaus reporting to such position are able to fulfill their 
     mission of--
       (1) expanding and strengthening relationships between the 
     people of the United States and citizens of other countries; 
     and
       (2) engaging, informing, and understanding the perspectives 
     of foreign audiences.
       (m) Report on Public Diplomacy.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     State shall submit a report to the appropriate committees of 
     Congress that includes--
       (1) an evaluation of the May 2019 merger of the Bureau of 
     Public Affairs and the Bureau of International Information 
     Programs into the Bureau of Global Public Affairs with 
     respect to--
       (A) the efficacy of the current configuration of the 
     bureaus reporting to the Under Secretary for Public Diplomacy 
     and Public Affairs in achieving the mission of the Department 
     of State;
       (B) the metrics before and after such merger, including 
     personnel data, disaggregated by position and location, 
     content production, opinion polling, program evaluations, and 
     media appearances;
       (C) the results of a survey of public diplomacy 
     practitioners to determine their opinion of the efficacy of 
     such merger and any adjustments that still need to be made;
       (D) a plan for evaluating and monitoring, not less 
     frequently than once every 2 years, the programs, activities, 
     messaging, professional development efforts, and structure of 
     the Bureau of Global Public Affairs, and submitting a summary 
     of each such evaluation to the appropriate committees of 
     Congress; and
       (2) a review of recent outside recommendations for 
     modernizing diplomacy at the Department of State with respect 
     to public diplomacy efforts, including--
       (A) efforts in each of the bureaus reporting to the Under 
     Secretary for Public Diplomacy and Public Affairs to address 
     issues of diversity and inclusion in their work, structure, 
     data collection, programming, and personnel, including any 
     collaboration with the Chief Officer for Diversity and 
     Inclusion;
       (B) proposals to collaborate with think tanks and academic 
     institutions working on public diplomacy issues to implement 
     recent outside recommendations; and
       (C) additional authorizations and appropriations necessary 
     to implement such recommendations.
                                 ______
                                 
  SA 6096. 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 G of title X, add the following:

     SEC. 1077. EXCLUSION OF CERTAIN PAYMENTS TO ALASKA NATIVES OR 
                   DESCENDANTS OF ALASKA NATIVES FOR PURPOSES OF 
                   DETERMINING ELIGIBILITY FOR CERTAIN PROGRAMS.

       Section 29(c) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1626(c)) is amended, in the undesignated matter 
     following paragraph (3), by striking subparagraph (E) and 
     inserting the following:
       ``(E) an interest in a Settlement Trust or an amount 
     distributed from or benefit provided by a Settlement Trust to 
     a Native or descendant of a Native who is an aged, blind, or 
     disabled individual (as defined in section 1614(a) of the 
     Social Security Act (42 U.S.C. 1382c(a)).''.
                                 ______
                                 
  SA 6097. 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 G of title X, add the following:

     SEC. 1077. MAKING ADDITIONAL LAND AVAILABLE FOR SELECTION 
                   UNDER THE ALASKA NATIVE VIETNAM ERA VETERANS 
                   LAND ALLOTMENT PROGRAM.

       All Federal land identified as suitable for allotment 
     selection in the report under subsection (c)(1) of section 
     1119 of the John D. Dingell, Jr. Conservation, Management, 
     and Recreation Act (43 U.S.C. 1629g-1), and published by the 
     United States Fish and Wildlife Service in the report 
     entitled ``Identification of National Wildlife Refuge System 
     Lands in Alaska That Should Be Made Available for Allotment 
     Selection by Eligible Alaska Native Vietnam Era Veterans'' 
     (November 2020), shall be made immediately available for 
     selection in accordance with that section.
                                 ______
                                 
  SA 6098. Ms. MURKOWSKI (for herself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. __. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

       (a) In General.--Part O of title III of the Public Health 
     Service Act (42 U.S.C. 280f et seq.) is amended by striking 
     section 399H and inserting the following:

     ``SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

       ``(a) Definition.--In this part--
       ``(1) the term `fetal alcohol spectrum disorders' or `FASD' 
     means diagnosable developmental disabilities of a broad range 
     of neurodevelopmental and physical effects that result from 
     prenatal exposure to alcohol. The effects may include 
     lifelong physical, mental, behavioral, social and learning 
     disabilities, and other problems that impact daily 
     functioning (such as living independently or holding a job), 
     as well as overall health and well-being; and
       ``(2) the terms `Indian Tribe' and `Tribal organization' 
     have the meanings given the terms `Indian tribe' and `tribal 
     organization' in section 4 of the Indian Self-Determination 
     and Education Assistance Act.
       ``(b) Research on Fetal Alcohol Spectrum Disorders and 
     Related Conditions.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the National Institutes of Health, shall--
       ``(A) establish a research program for FASD; and
       ``(B) award grants, contracts, or cooperative agreements to 
     public or private nonprofit entities to pay all or part of 
     carrying out research under such research program.
       ``(2) Types of research.--In carrying out paragraph (1), 
     the Secretary, acting through

[[Page S5653]]

     the Director of the National Institute on Alcohol Abuse and 
     Alcoholism (referred to in this section as the `Director of 
     the Institute'), shall continue to conduct and expand 
     national and international research in consultation with 
     other Federal agencies and outside partners that includes--
       ``(A) the most promising avenues of research in FASD 
     diagnosis, intervention, and prevention;
       ``(B) factors that may mitigate the effects of prenatal 
     alcohol and other substance exposure including culturally 
     relevant factors and social determinants of health; and
       ``(C) other research that the Director of the Institute 
     determines to be appropriate with respect to conditions that 
     develop as a result of prenatal alcohol and other substance 
     exposure.
       ``(3) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated 
     $30,000,000 for each of fiscal years 2023 through 2028.
       ``(c) Surveillance, Public Health Research, and Prevention 
     Activities.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the National Center on Birth Defects and 
     Developmental Disabilities of the Centers for Disease Control 
     and Prevention, shall facilitate surveillance, public health 
     research, and prevention of FASD in accordance with this 
     subsection.
       ``(2) Surveillance, public health research and 
     prevention.--In carrying out this subsection, the Secretary 
     shall--
       ``(A) integrate into surveillance practice an evidence-
     based standard case definition for fetal alcohol syndrome 
     and, in collaboration with other Federal and outside 
     partners, support organizations of appropriate medical and 
     mental health professionals in their development and 
     refinement of evidence-based clinical diagnostic guidelines 
     and criteria for all fetal alcohol spectrum disorders;
       ``(B) disseminate and provide the necessary training and 
     support to appropriate medical and mental health 
     professionals on the early identification of children with 
     prenatal alcohol or other substance exposure as such children 
     may require ongoing developmental and behavioral surveillance 
     by their primary health care clinician which continues 
     throughout their lifetime to access ongoing treatment and 
     referral problems;
       ``(C) support applied public health prevention research to 
     identify culturally-appropriate or evidence-based strategies 
     for reducing alcohol and other substance exposed pregnancies 
     in women at high risk of such pregnancies;
       ``(D) disseminate and provide the necessary training and 
     support to implement culturally-appropriate or evidence-based 
     strategies developed under subparagraph (C) to--
       ``(i) hospitals, Federally-qualified health centers, 
     residential and outpatient substance disorder treatment 
     programs, and other appropriate health care providers;
       ``(ii) educational settings;
       ``(iii) social work and child protection service providers;
       ``(iv) foster care providers and adoption agencies;
       ``(v) State or Tribal offices and other agencies providing 
     services to individuals with disabilities;
       ``(vi) mental health treatment facilities;
       ``(vii) Indian Tribes and Tribal organizations;
       ``(viii) military medical treatment facility described in 
     section 1073d(c) of title 10, United States Code, and medical 
     centers of the Department of Veterans Affairs; and
       ``(ix) other entities that the Secretary determines to be 
     appropriate;
       ``(E) conduct activities related to risk factor 
     surveillance;
       ``(F) disseminate and evaluate brief behavioral 
     intervention strategies and referrals aimed at preventing 
     alcohol and substance-exposed pregnancies among women of 
     childbearing age in special settings, including clinical 
     primary health centers, outpatient clinics, child welfare 
     agencies, and correctional facilities and recovery campuses;
       ``(G) document the FASD lived experience and incorporate 
     the perspectives of individuals and their family members 
     affected by FASD and birth mothers of individuals with FASD 
     in the dissemination of information and resources;
       ``(H) disseminate comprehensive alcohol and pregnancy and 
     FASD information, resources, and services to families and 
     caregivers, professionals, and the public through an 
     established national network of affiliated FASD organizations 
     and through organizations serving medical, behavioral health, 
     addiction, disability, education, legal and other 
     professionals; and
       ``(I) coordinate FASD activities with affiliated State, 
     Tribal and local systems and organizations with respect to 
     the prevention of alcohol and other substance-exposed 
     pregnancies.
       ``(3) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated 
     $13,000,000 for each of fiscal years 2023 through 2028.
       ``(d) Building State and Tribal FASD Systems.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants, contracts, or cooperative 
     agreements to States and Indian Tribes for the purpose of 
     establishing ongoing comprehensive and coordinated State and 
     Tribal FASD multidisciplinary, diverse coalitions to--
       ``(A) develop systems of care for--
       ``(i) the prevention of FASD and other adverse conditions 
     as a result of prenatal substance exposure; and
       ``(ii) the identification, treatment and support of 
     individuals with FASD or other adverse conditions from 
     prenatal substance exposure and support for their families;
       ``(B) provide leadership and support in establishing, 
     expanding or increasing State and Tribal systems capacity in 
     addressing FASD and other adverse conditions as a result of 
     prenatal substance exposure; and
       ``(C) update or develop implementing and evaluating State 
     and Tribal FASD strategic plans to--
       ``(i) establish or expand State and Tribal programs of 
     surveillance, screening, assessment, diagnosis, prevention of 
     FASD and other physical or neurodevelopmental disabilities 
     from prenatal substance exposure;
       ``(ii) integrate programs related to prevention of FASD and 
     interventions addressing the adverse effects of prenatal 
     alcohol and other substance exposure into existing State and 
     Tribal coordinated systems of care which focus on the social 
     determinants of health, including systemic racism, access to 
     the Medicare program under title XVIII of the Social Security 
     Act or to the Medicaid program under title XIX of such Act, 
     maternal and early childhood health, economic security, food 
     and housing, education, justice and corrections, mental 
     health, substance use disorder, child welfare, developmental 
     disabilities, and health care;
       ``(iii) identify across-the-lifetime issues for individuals 
     and families related to FASD and other adverse conditions 
     related to prenatal substance exposure, including historical 
     and cultural trauma, child abuse and neglect, mental health 
     and substance use disorder; and
       ``(iv) identify systemic and other barriers to the 
     integration of prenatal alcohol and substance exposure 
     screening, assessment and identification of FASD into 
     existing systems of care for individuals and families.
       ``(2) Eligibility.--To be eligible to receive a grant, 
     contract, or cooperative agreement under paragraph (1), a 
     State, an Indian Tribe, a Tribal organization, or a State-
     Tribal collaborative (referred to in this paragraph as an 
     `eligible entity') shall prepare and submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require, including--
       ``(A) evidence that the eligible entity designated in the 
     application have or will have authority to implement programs 
     described in this subsection;
       ``(B) evidence of the establishment of a State or Tribal 
     FASD Advisory Group of State agencies or Tribal entities and, 
     if available, a State affiliate of the National Organization 
     on Fetal Alcohol Syndrome or similar Tribal or statewide FASD 
     advocacy organization, to provide the leadership in building 
     State or Tribal capacity in addressing prenatal alcohol and 
     other substance exposure, including FASD prevention, 
     identification, and intervention activities and programming, 
     including--
       ``(i) the formation of a FASD advisory coalition of 
     diverse, public and private representatives from multiple 
     disciplines that may include--

       ``(I) State agencies or Tribal entities that are 
     responsible for health, human services, corrections, 
     education, housing, developmental disabilities, substance use 
     disorder, child welfare, juvenile and adult justice systems, 
     mental health and any other agency related to the adverse 
     social impact of prenatal alcohol and other substance 
     exposures;
       ``(II) public and private sector stakeholders, including 
     individuals with FASD and their caretakers and entities that 
     work with or provide services or support for individuals with 
     FASD and their families, such as community-based agencies,law 
     enforcement, the judiciary, probation officers, medical and 
     mental health providers, substance use disorder counselors, 
     educators, child welfare professionals, and other entities 
     that address individual, family, community and society issues 
     related to prenatal alcohol and other substance exposure 
     throughout an individual's lifespan; and

       ``(ii) the development of a State or Tribal strategic plan 
     that--

       ``(I) contains recommendations, action steps, and 
     deliverables for improving social determinants of health;
       ``(II) recommends actions for prevention of FASD and other 
     conditions related to prenatal substance exposure;
       ``(III) integrates culturally-appropriate, best practices 
     or evidence-based practices on screening, identification and 
     treatment into existing systems of care;
       ``(IV) provides for FASD-informed clinical and therapeutic 
     interventions;
       ``(V) provides for FASD-informed supports and services for 
     families and individuals with FASD and other conditions from 
     prenatal substance exposure across their lifetimes;
       ``(VI) identifies--

       ``(aa) existing FASD or other programs related to prenatal 
     substance exposures in the State or Indian Tribe, including--
       ``(AA) FASD primary, secondary and tertiary prevention 
     programs;
       ``(BB) prenatal screening, assessment or diagnostic 
     services; and
       ``(CC) support and service programs for individuals with 
     FASD and their families; and
       ``(bb) existing State, local, and Tribal programs, systems, 
     and funding streams that could be used to identify and assist 
     individuals with FASD and other conditions related

[[Page S5654]]

     to substance exposed pregnancies, and prevent prenatal 
     exposure to alcohol and other harmful substances;
       ``(cc) barriers to providing FASD diagnostic services or 
     programs to assist individuals with FASD or reducing alcohol 
     and substance exposed pregnancies for women at risk for 
     alcohol or other substance exposed pregnancies, and 
     recommendations to reduce or eliminate such barriers;
       ``(dd) barriers to FASD prevention, screening, assessment, 
     identification, and treatment programs and to the provision 
     of FASD-informed support services and accommodations across 
     the lifespan, and recommendations to reduce or eliminate such 
     barriers;

       ``(VII) integrates a public-private partnership of State, 
     Tribal, and local communities to develop a comprehensive 
     FASD-informed and engaged systems of care approach that 
     addresses social determinants of health, including systemic 
     racism on health outcomes, economic security, food and 
     housing; education, justice, and health care challenges 
     experienced by individuals who have been diagnosed with FASD 
     or other conditions as result of prenatal substance exposure;
       ``(VIII) describes programs of surveillance, screening, 
     assessment and diagnosis, prevention, clinical intervention 
     and therapeutic and other supports and services for 
     individuals with FASD and their families;
       ``(IX) recognizes the impact of historical, cultural, and 
     other trauma of individuals in the design and application of 
     all programming; and
       ``(X) recognizes the lived experiences of birth mothers and 
     those with FASD and their families in the design and 
     application of all programming.

       ``(3) Restrictions on and use of funds.--Amounts received 
     under a grant, contract, or cooperative agreement under this 
     subsection shall be used for one or more of the following 
     activities:
       ``(A) Establishing or increasing diagnostic capacity in the 
     State or Indian Tribe to meet the estimated prevalence needs 
     of the State or Indian Tribe's FASD population.
       ``(B) Providing educational and supportive services to 
     individuals with FASD and other conditions related to 
     prenatal substance exposure and their families.
       ``(C) Establishing a FASD statewide surveillance system.
       ``(D) Including FASD information in State medical and 
     mental health care and education programs at schools of 
     higher education.
       ``(E) Collecting, analyzing, and interpreting data.
       ``(F) Replicating culturally-aware or best practice FASD 
     prevention programs, including case-management models for 
     pregnant or parenting women with alcohol and other substance 
     use disorders.
       ``(G) Training of primary care and other providers in 
     screening for prenatal alcohol and other substance exposure 
     in prenatal, pediatric, early childhood or other child or 
     teenage checkup settings.
       ``(H) Developing, implementing, and evaluating population-
     based and targeted prevention programs for FASD, including 
     public awareness campaigns.
       ``(I) Increasing capacity of the State or Indian Tribe to 
     deliver housing, economic and food security services to 
     adults impacted by FASD or other conditions related to 
     prenatal substance exposure.
       ``(J) Referring individuals with FASD and other conditions 
     related to prenatal substance exposure to appropriate FASD-
     informed support services.
       ``(K) Providing for State and Tribal FASD coordinators.
       ``(L) Providing training to health care (including mental 
     health care) providers on the prevention, identification and 
     treatment of FASD and other conditions related to prenatal 
     substance exposure across the lifespan.
       ``(M) Providing training to education, justice, and social 
     service system professionals to become FASD-informed and 
     FASD-engaged in their practices.
       ``(N) Including FASD in training for workforce development 
     and disability accessibility.
       ``(O) Supporting peer-to-peer certification programs for 
     individuals with FASD.
       ``(P) Developing FASD-informed certification programs.
       ``(Q) Disseminating information about FASD and other 
     conditions related to prenatal substance exposure and the 
     availability of support services to families and individuals 
     with FASD and other adverse conditions related to prenatal 
     substance exposure.
       ``(R) Implementing recommendations from relevant agencies 
     and organizations, including the State or Tribal FASD 
     advisory group, on the identification and prevention of FASD, 
     intervention programs or services for individuals with FASD 
     and their families.
       ``(S) Other activities, as the Secretary determines 
     appropriate or as recommended by the National Advisory 
     Council on FASD under section 399H-1.
       ``(4) Other contracts and agreements.--A State may carry 
     out activities under paragraph (3) through contracts or 
     cooperative agreements with another State or an Indian Tribe, 
     and with public, private for-profit or nonprofit entities 
     with a demonstrated expertise in FASD and other conditions 
     related to prenatal substance exposure prevention, screening 
     and diagnosis, or intervention services.
       ``(5) Report to congress.--Not later than 2 years after the 
     date on which amounts are first appropriated under paragraph 
     (6), the Secretary shall prepare and submit to the Committee 
     on Health, Education, Labor, and Pensions of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that contains a description of 
     programs carried out under this section. At a minimum, the 
     report shall contain--
       ``(A) information concerning the number of States receiving 
     grants;
       ``(B) State and Tribal FASD diagnostic capacity and 
     barriers to achieving diagnostic capacity based on State FASD 
     surveillance data or the most recent estimated prevalence of 
     FASD in the United States;
       ``(C) information concerning systemic or other barriers to 
     screening for prenatal alcohol and other substance exposure 
     in existing systems of care, including--
       ``(i) the child welfare system;
       ``(ii) maternal and early child health care and alcohol and 
     other substance use disorder treatment programs;
       ``(iii) primary or secondary education systems; and
       ``(iv) juvenile and adult systems of justice;
       ``(D) information concerning existing State, Tribal, local 
     government or community programs and systems of care and 
     funding streams that could be used to identify and assist 
     individuals with FASD and other conditions related to 
     substance exposed pregnancies and the degree to which such 
     programs are FASD-informed or to which there are systemic or 
     other barriers preventing their use; and
       ``(E) information concerning existing State, Tribal, local 
     government or community primary, tertiary, or secondary 
     prevention programs on prenatal exposure to alcohol and other 
     harmful prenatal substances.
       ``(6) Authorization of appropriations.--
       ``(A) In general.--To carry out this subsection, there is 
     authorized to be appropriated $32,000,000 for each of fiscal 
     years 2023 through 2028.
       ``(B) Administrative and employment expenses.--Of the 
     amount appropriated for a fiscal year under subparagraph (A), 
     $12,000,000 shall be allocated to States and Indian Tribes 
     for purposes of covering administrative costs and supporting 
     the employment of FASD State and Tribal coordinators.
       ``(C) Tribal set aside.--Up to 20 percent of the grants, 
     contracts, or cooperative agreements awarded under this 
     subsection shall be reserved for Indian Tribes and Tribal 
     organizations.
       ``(e) Promoting Community Partnerships.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of Health Resources and Services 
     Administration, shall award grants, contracts, or cooperative 
     agreements to eligible entities to enable such entities to 
     establish, enhance, or improve community partnerships for the 
     purpose of collaborating on common objectives and integrating 
     culturally-appropriate best practice services available to 
     individuals with FASD and other conditions related to 
     prenatal substance exposure such as surveillance, screening, 
     assessment, diagnosis, prevention, treatment, and support 
     services.
       ``(2) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under paragraph 
     (1), an entity shall--
       ``(A) be a public or private nonprofit entity that is--
       ``(i) a health care provider or health professional;
       ``(ii) a primary or secondary school;
       ``(iii) a social work or child protection service provider;
       ``(iv) an incarceration facility, or State or local 
     judicial system for juveniles and adults;
       ``(v) an FASD organization, parent-led group, or other 
     organization that supports and advocates for individuals with 
     FASD and their families;
       ``(vi) an Indian Tribe or Tribal organization;
       ``(vii) an early childhood intervention facility;
       ``(viii) any other entity the Secretary determines to be 
     appropriate; or
       ``(ix) a consortium of any of the entities described in 
     clauses (i) through (viii); and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including assurances that the 
     entity submitting the application does, at the time of 
     application, or will, within a reasonable amount of time from 
     the date of application, provide evidence of substantive 
     participation with a broad range of entities that work with 
     or provide services for individuals with FASD.
       ``(3) Activities.--An eligible entity shall use amounts 
     received under a grant, contract, or cooperative agreement 
     under this subsection to carry out one or more of the 
     following activities relating to FASD and other conditions 
     related to prenatal substance exposure:
       ``(A) Integrating FASD-informed and culturally-appropriate 
     practices into existing programs and services available in 
     the community.
       ``(B) Conducting a needs assessment to identify services 
     that are not available in a community.

[[Page S5655]]

       ``(C) Developing and implementing culturally-appropriate, 
     community-based initiatives to prevent FASD, and to screen, 
     assess, diagnose, treat, and provide FASD-informed support 
     services to individuals with FASD and their families.
       ``(D) Disseminating information about FASD and the 
     availability of support services.
       ``(E) Developing and implementing a community-wide public 
     awareness and outreach campaign focusing on the dangers of 
     drinking alcohol while pregnant.
       ``(F) Providing mentoring or other support to individuals 
     with FASD and their families.
       ``(G) Other activities, as the Secretary determines 
     appropriate, or in consideration of recommendations from the 
     National Advisory Council on FASD established under section 
     399H-1.
       ``(4) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated $5,000,000 
     for each of fiscal years 2023 through 2028.
       ``(f) Development of Best Practices and Models of Care.--
       ``(1) In general.--The Secretary, in coordination with the 
     Administrator of Health Resources and Services 
     Administration, shall award grants to States, Indian Tribes 
     and Tribal organizations, nongovernmental organizations, and 
     institutions of higher education for the establishment of 
     pilot projects to identify and implement culturally-
     appropriate best practices for--
       ``(A) providing intervention and education of children with 
     FASD, including--
       ``(i) activities and programs designed specifically for the 
     identification, treatment, and education of such children; 
     and
       ``(ii) curricula development and credentialing of teachers, 
     administrators, and social workers who implement such 
     programs and provide childhood interventions;
       ``(B) educating professionals within the child welfare, 
     juvenile and adult criminal justice systems, including 
     judges, attorneys, probation officers, social workers, child 
     advocates, medical and mental health professionals, substance 
     abuse professionals, law enforcement officers, prison wardens 
     or other incarceration administrators, and administrators of 
     developmental disability, mental health and alternative 
     incarceration facilities on how to screen, assess, identify, 
     treat and support individuals with FASD or similar conditions 
     related to prenatal substance exposure within these systems, 
     including--
       ``(i) programs designed specifically for the 
     identification, assessment, treatment, and education of 
     individuals with FASD; and
       ``(ii) curricula development and credentialing within the 
     adult and juvenile justice and child welfare systems for 
     individuals who implement such programs;
       ``(C) educating adoption or foster care agency officials 
     about available and necessary services for children with 
     FASD, including--
       ``(i) programs designed specifically for screening, 
     assessment and identification, treatment, and education of 
     individuals with FASD; and
       ``(ii) on-going and consistent education and training for 
     potential adoptive or foster parents of a child with FASD;
       ``(D) educating health and mental health and substance use 
     providers about available and necessary services for children 
     with FASD, including--
       ``(i) programs designed specifically for screening and 
     identification, and both health and mental health treatment, 
     of individuals with FASD; and
       ``(ii) curricula development and credentialing within the 
     health and mental health and substance abuse systems for 
     individuals who implement such programs; and
       ``(E) identifying and implementing culturally-appropriate 
     best practice models for reducing alcohol and other substance 
     exposed pregnancies in women at high risk of such 
     pregnancies.
       ``(2) Application.--To be eligible for a grant under 
     paragraph (1), an entity shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(3) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated $5,000,000 
     for each of fiscal years 2023 through 2028.
       ``(g) Transitional Services.--
       ``(1) In general.--The Secretary, in coordination with the 
     Administrator of the Health Resources and Services 
     Administration and the Administrator of the Administration 
     for Community Living, shall award demonstration grants, 
     contracts, and cooperative agreements to States and local 
     units of government, Indian Tribes and Tribal organizations, 
     and nongovernmental organizations for the purpose of 
     establishing integrated systems for providing culturally-
     appropriate best practice transitional services for adults 
     affected by prenatal alcohol or substance exposure and 
     evaluating the effectiveness of such services.
       ``(2) Application.--To be eligible for a grant, contract, 
     or cooperative agreement under paragraph (1), an entity shall 
     prepare and submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may reasonably require, including specific 
     credentials relating to education, skills, training, and 
     continuing educational requirements relating to FASD.
       ``(3) Allowable uses.--An entity shall use amounts received 
     under a grant, contract, or cooperative agreement under 
     paragraph (1) to carry out one or more of the following 
     activities:
       ``(A) Provide housing assistance to, or specialized housing 
     for, adults with FASD.
       ``(B) Provide FASD-informed vocational training and 
     placement services for adults with FASD.
       ``(C) Provide medication monitoring services for adults 
     with FASD.
       ``(D) Provide FASD-informed training and support to 
     organizations providing family services or mental health 
     programs and other organizations that work with adults with 
     FASD.
       ``(E) Establish and evaluate housing models specially 
     designed for adults with FASD.
       ``(F) Recruit, train and provide mentors for individuals 
     with FASD.
       ``(G) Other services or programs, as the Secretary 
     determines appropriate.
       ``(4) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated $5,000,000 
     for each of fiscal years 2023 through 2028.
       ``(h) Services for Individuals With Fetal Alcohol Spectrum 
     Disorders.--
       ``(1) In general.--The Secretary, in coordination the 
     Assistant Secretary for Mental Health and Substance Use, 
     shall make awards of grants, cooperative agreements, or 
     contracts to public and nonprofit private entities, including 
     Indian tribes and tribal organizations, to provide FASD-
     informed culturally-appropriate services to individuals with 
     FASD.
       ``(2) Use of funds.--An award under paragraph (1) may, 
     subject to paragraph (4), be used to--
       ``(A) screen and test individuals to determine the type and 
     level of services needed;
       ``(B) develop a FASD-informed comprehensive plan for 
     providing services to the individuals;
       ``(C) provide FASD-informed mental health counseling;
       ``(D) provide FASD-informed substance abuse prevention 
     services and treatment, if needed;
       ``(E) coordinate services with other social programs 
     including social services, justice system, educational 
     services, health services, mental health and substance abuse 
     services, financial assistance programs, vocational services 
     and housing assistance programs;
       ``(F) provide FASD-informed vocational services;
       ``(G) provide FASD-informed health counseling;
       ``(H) provide FASD-informed housing assistance;
       ``(I) conduct FASD-informed parenting skills training;
       ``(J) develop and implement overall FASD-informed case 
     management;
       ``(K) provide supportive services for families of 
     individuals with FASD;
       ``(L) provide respite care for caretakers of individuals 
     with FASD;
       ``(M) recruit, train and provide mentors for individuals 
     with FASD;
       ``(N) provide FASD-informed educational and supportive 
     services to families of individuals with FASD; and
       ``(O) provide other services and programs, to the extent 
     authorized by the Secretary after consideration of 
     recommendations made by the National Advisory Council on 
     FASD.
       ``(3) Requirements.--To be eligible to receive an award 
     under paragraph (1), an applicant shall--
       ``(A) demonstrate that the program will be part of a 
     coordinated, comprehensive system of care for such 
     individuals;
       ``(B) demonstrate an established communication with other 
     social programs in the community including social services, 
     justice system, financial assistance programs, health 
     services, educational services, mental health and substance 
     abuse services, vocational services and housing assistance 
     services;
       ``(C) have a qualified staff of medical, mental health or 
     other professionals with a history of working with 
     individuals with FASD;
       ``(D) provide assurance that the services will be provided 
     in a culturally and linguistically appropriate manner; and
       ``(E) provide assurance that at the end of the 5-year award 
     period, other mechanisms will be identified to meet the needs 
     of the individuals and families served under such award.
       ``(4) Relationship to payments under other programs.--An 
     award may be made under paragraph (1) only if the applicant 
     involved agrees that the award will not be expended to pay 
     the expenses of providing any service under this section to 
     an individual to the extent that payment has been made, or 
     can reasonably be expected to be made, with respect to such 
     expenses--
       ``(A) under any State compensation program, under an 
     insurance policy, or under any Federal or State or Tribal 
     health benefits programs; or
       ``(B) by an entity that provides health services on a 
     prepaid basis.
       ``(5) Duration of awards.--With respect to any award under 
     paragraph (1), the period during which payments under such 
     award are made to the recipient may not exceed 5 years.
       ``(6) Evaluation.--The Secretary shall evaluate each 
     project carried out under paragraph (1) and shall disseminate 
     the findings

[[Page S5656]]

     with respect to each such evaluation to appropriate public 
     and private entities, including the National Advisory Council 
     on FASD.
       ``(7) Funding.--
       ``(A) Authorization of appropriations.-- For the purpose of 
     carrying out this subsection, there is authorized to be 
     appropriated $10,000,000 for each fiscal years 2023 through 
     2028.
       ``(B) Allocation.--Of the amounts appropriated under 
     subparagraph (A) for a fiscal year, not more than $300,000 
     shall, for the purposes relating to FASD, be made available 
     for collaborative, coordinated interagency efforts with the 
     National Institute on Alcohol Abuse and Alcoholism, National 
     Institute on Mental Health, the Eunice Kennedy Shriver 
     National Institute of Child Health and Human Development, the 
     Health Resources and Services Administration, the Agency for 
     Healthcare Research and Quality, the Administration for 
     Community Living, the Centers for Disease Control and 
     Prevention, the Department of Education, the Department of 
     Justice, and other agencies, as determined by the Secretary. 
     Interagency collaborative efforts may include--
       ``(i) the evaluation of existing programs for efficacy;
       ``(ii) the development of new evidence-based or best 
     practice programs for prevention of prenatal alcohol and 
     other substance exposure, and interventions for individuals 
     with FASD and their families;
       ``(iii) the facilitation of translation and transition of 
     existing evidence-based, best practices or culturally-
     appropriate prevention and intervention programs into general 
     and community practice; and
       ``(iv) engaging in Tribal consultation to ensure that 
     Indian Tribes and Tribal organizations are able to develop 
     culturally-appropriate services and interventions for 
     prenatal alcohol and other substance exposure, and 
     interventions for individuals with FASD and other conditions 
     related to prenatal substance exposure and their families.''.
       (b) National Advisory Council on FSAD.--Part O of title III 
     of the Public Health Service Act (42 U.S.C. 280f et seq.), as 
     amended by subsection (a), is further amended by inserting 
     after section 339H the following:

     ``SEC. 399H-1. NATIONAL ADVISORY COUNCIL ON FASD.

       ``(a) In General.--The Secretary shall establish an 
     advisory council to be known as the National Advisory Council 
     on FASD (referred to in this section as the `Council') to 
     foster coordination and cooperation among all Federal and 
     non-Federal members and their constituencies that conduct or 
     support FASD and other conditions related to prenatal 
     substance exposure research, programs, and surveillance, and 
     otherwise meet the general needs of populations actually or 
     potentially impacted by FASD and other conditions related to 
     prenatal substance exposure.
       ``(b) Membership.--The Council shall be composed of 23 
     members as described in paragraphs (1) and (2).
       ``(1) Federal membership.--Members of the Council shall 
     include representatives of the following Federal agencies:
       ``(A) The National Institute on Alcohol Abuse and 
     Alcoholism.
       ``(B) The National Institute on Drug Abuse.
       ``(C) The Centers for Disease Control and Prevention.
       ``(D) The Health Resources and Services Administration.
       ``(E) The Substance Abuse and Mental Health Services 
     Agency.
       ``(F) The Office of Special Education and Rehabilitative 
     Services.
       ``(G) The Office of Justice Programs.
       ``(H) The Indian Health Service.
       ``(I) The Interagency Coordinating Committee on Fetal 
     Alcohol Spectrum Disorders.
       ``(J) The Agency for Healthcare Research and Quality.
       ``(2) Non-federal members.--Additional non-Federal public 
     and private sector members of the Council shall be nominated 
     by the Interagency Coordinating Committee on Fetal Alcohol 
     Spectrum Disorders and appointed by the Secretary, and shall 
     be staffed by the Office of the Assistant Secretary for 
     Planning and Evaluation of the Department of Health and Human 
     Service. Such members shall include--
       ``(A) at least one individual with FASD or a parent or 
     legal guardian of an individual with FASD;
       ``(B) at least one individual or a parent or legal guardian 
     of an individual with a condition related to prenatal 
     substance exposure;
       ``(C) at least one birth mother of an individual with FASD;
       ``(D) at least one representative from the FASD Study Group 
     of the Research Society on Alcoholism;
       ``(E) at least one representative of the National 
     Organization on Fetal Alcohol Syndrome;
       ``(F) at least one representative of a leading statewide 
     advocacy and service organization for individuals with FASD 
     and their families;
       ``(G) at least one representative of the FASD Center for 
     Excellence established under section 399H-3;
       ``(H) at least 2 representatives from State or Tribal 
     advisory groups receiving an award under section 399H(d); and
       ``(I) representatives with interest and expertise in FASD 
     from the private sector of pediatricians, obstetricians and 
     gynecologists, substance abuse and mental health care 
     providers, family and juvenile court judges and justice and 
     corrections programming and services, or special education 
     and social work professionals.
       ``(3) Appointment timing.--The members of the Council 
     described in paragraph (2) shall be appointed by the 
     Secretary not later than 6 months after the date of enactment 
     of this section.
       ``(c) Functions.--The Council shall--
       ``(1) advise Federal, State, Tribal and local programs and 
     research concerning FASD and other conditions related to 
     prenatal substance exposure, including programs and research 
     concerning education and public awareness for relevant 
     service providers, reducing the incidence of prenatal alcohol 
     and other substance exposure in pregnancies, medical and 
     mental diagnosis, interventions for women at-risk of giving 
     birth with FASD and beneficial services and supports for 
     individuals with FASD and their families;
       ``(2) coordinate its efforts with the Interagency Committee 
     on Fetal Alcohol Spectrum Disorders;
       ``(3) develop a summary of advances in FASD research 
     related to prevention, treatment, screening, diagnosis, and 
     interventions;
       ``(4) make recommendations for the FASD research program to 
     the Director of the National Institute of Alcohol Abuse and 
     Alcoholism;
       ``(5) review the 2009 report of the National Task Force on 
     FAS entitled, `A Call to Action' and other reports on FASD 
     and the adverse impact of prenatal substance exposure;
       ``(6) develop a summary of advances in practice and 
     programs relevant to FASD prevention, treatment, early 
     screening, diagnosis, and interventions;
       ``(7) make recommendations on a national agenda to reduce 
     the prevalence and the associated impact of FASD and other 
     conditions related to prenatal substance exposure and improve 
     the quality of life of individuals and families impacted by 
     FASD or the adverse effects of prenatal substance exposure, 
     including--
       ``(A) proposed Federal budgetary requirements for FASD 
     research and related services and support activities for 
     individuals with FASD;
       ``(B) recommendations to ensure that FASD research, and 
     services and support activities to the extent practicable, of 
     the Department of Health and Human Services and of other 
     Federal departments and agencies, are not unnecessarily 
     duplicative;
       ``(C) identification of existing Federal programs that 
     could be used to identify and assist individuals with FASD 
     and other conditions related to substance exposed 
     pregnancies;
       ``(D) identification of gaps or barriers for individuals 
     living with, or impacted by, FASD in accessing diagnostic, 
     early intervention, and support services;
       ``(E) identification of prevention strategies, including 
     education campaigns and options, such as product warnings and 
     other mechanisms to raise awareness of the risks associated 
     with prenatal alcohol consumption;
       ``(F) identification of current diagnostic methods and 
     practices for the identification of FASD and identify gaps or 
     barriers for achieving diagnostic capacity throughout the 
     United States based on current estimated prevalence of FASD;
       ``(G) recommendations for research or other measures to 
     increase diagnostic capacity to meet the needs of the 
     estimated number of individuals with FASD;
       ``(H) identification and enhancement of culturally-
     appropriate or best practice approaches and models of care to 
     reduce the incidence of FASD; and
       ``(I) identification and enhancement of best practice 
     approaches and models of care to increase support and treat 
     individuals with FASD, and to make recommendations for a 
     broad model comprehensive community approach to the overall 
     problem of prenatal alcohol and other harmful substance 
     exposure.
       ``(d) Report to Congress and the President.--The Council 
     shall submit to Congress and to the President--
       ``(1) an update on the summary of advances described in 
     paragraphs (3) and (6) of subsection (c), not later than 2 
     years after the date of enactment of this section;
       ``(2) an update to the national agenda described in 
     subsection (c)(7), including any progress made in achieving 
     the objectives outlined in such agenda, not later than 4 
     years after the date of enactment of such Act; and
       ``(3) a final report that provides a summary of advances 
     described in paragraphs (3) and (6) of subsection (c), and an 
     update to the national agenda described in subsection (c)(7), 
     not later than September 30, 2027.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2023 through 2028.''.
       (c) Interagency Coordinating Committee on Fetal Alcohol 
     Spectrum Disorders.--Subpart 14 of part C of title IV of the 
     Public Health Service Act (42 U.S.C. 285n et seq.) is amended 
     by adding at the end the following:

     ``SEC. 464K. INTERAGENCY COORDINATING COMMITTEE ON FETAL 
                   ALCOHOL SPECTRUM DISORDERS.

       ``(a) In General.--The Director of the Institute shall 
     provide for the continuation of the `Interagency Coordinating 
     Committee on Fetal Alcohol Spectrum Disorders' (referred to 
     in this section as the `Committee') so that such Committee 
     may--
       ``(1) coordinate activities conducted by the Federal 
     Government on FASD, including convening meetings, 
     establishing work

[[Page S5657]]

     groups, sharing information, and facilitating and promoting 
     collaborative projects among Federal agencies, the National 
     Advisory Council on FASD established under section 399H-1, 
     and outside partners;
       ``(2) support organizations of appropriate medical and 
     mental health professionals in their development and 
     refinement of evidence-based clinical diagnostic guidelines 
     and criteria for all fetal alcohol spectrum disorders in 
     collaboration with other Federal and outside partners, and
       ``(3) develop priority areas considering recommendations 
     from the National Advisory Council on FASD.
       ``(b) Membership.--Members of the Committee shall include 
     representatives of the following Federal agencies:
       ``(1) The National Institute on Alcohol Abuse and 
     Alcoholism.
       ``(2) The Centers for Disease Control and Prevention.
       ``(3) The Health Resources and Services Administration.
       ``(4) The Office of the Assistant Secretary for Planning 
     and Evaluation.
       ``(5) The Office of Juvenile Justice and Delinquency 
     Prevention.
       ``(6) Office of Justice Programs of the Department of 
     Justice.
       ``(7) The Substance Abuse and Mental Health Services 
     Administration.
       ``(8) The Office of Special Education and Rehabilitation 
     Services.
       ``(9) The National Institute on Drug Abuse.
       ``(10) The National Institute of Mental Health.
       ``(11) The Indian Health Service.
       ``(12) The Eunice Kennedy Shriver National Institute of 
     Child Health and Human Development.
       ``(13) Other Federal agencies with responsibilities related 
     to FASD prevention or treatment or that interact with 
     individuals with FASD, including education and correctional 
     systems, alcohol and substance use disorder prevention and 
     treatment programs, maternal health, the Medicare and 
     Medicaid programs under titles XVIII and XIX, respectively, 
     of the Social Security Act, child health and welfare, 
     rehabilitative services, and labor and housing grant or 
     entitlement programs.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $1,000,000 for each of fiscal years 2023 through 2028.''.
       (d) FASD Center for Excellence.--
       (1) In general.--Part O of title III of the Public Health 
     Service Act (42 U.S.C. 280f et seq.), as amended by 
     subsection (b), is further amended by inserting after section 
     339H-2 the following:

     ``SEC. 399H-2. FASD CENTER FOR EXCELLENCE.

       ``(a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, and in consultation with the Assistant 
     Secretary for Mental Health and Substance Use, the Director 
     of the Centers for Disease Control, and the Chair of the 
     Interagency Coordinating Committee on Fetal Alcohol Spectrum 
     Disorders, shall award up to 4 grants, cooperative 
     agreements, or contracts to public or nonprofit entities with 
     demonstrated expertise in FASD prevention, identification, 
     and intervention services and other adverse conditions 
     related to prenatal substance exposure. Such awards shall be 
     for the purposes of establishing a FASD Center for Excellence 
     to build local, Tribal, State, and national capacities to 
     prevent the occurrence of FASD and other adverse conditions 
     related to exposure to substances, and to respond to the 
     needs of individuals with FASD and their families by carrying 
     out the programs described in subsection (b).
       ``(b) Programs.--An entity receiving an award under 
     subsection (a) may use such award for any of the following 
     programs:
       ``(1) Increasing fasd diagnostic capacity.--Initiating or 
     expanding diagnostic capacity of FASD by increasing 
     screening, assessment, identification, and diagnosis in 
     settings such as clinical practices, educational settings, 
     child welfare, and juvenile out-of-home placement facilities 
     and adult correctional systems.
       ``(2) Public awareness.--Developing and supporting national 
     public awareness and outreach activities, including the use 
     of all types of media and public outreach, and the formation 
     of a diverse speakers bureau to raise public awareness of the 
     risks associated with alcohol consumption during pregnancy 
     with the purpose of reducing the prevalence of FASD and 
     improving the quality of life for those living with FASD and 
     their families.
       ``(3) Resources and training.--
       ``(A) Clearinghouse.--Acting as a clearinghouse for 
     resources on FASD prevention, identification, and culturally-
     aware best practices, including the maintenance of a national 
     data-based directory on FASD-specific services in States, 
     Indian Tribes, and local communities.
       ``(B) Internet-based center.--Providing an internet-based 
     center that disseminates ongoing research and resource 
     development on FASD in administering systems of care for 
     individuals with FASD across their lifespan.
       ``(C) Intervention services and best practices.--Increasing 
     awareness and understanding of efficacious FASD screening 
     tools and culturally-appropriate intervention services and 
     best practices by--
       ``(i) maintaining a diverse national speakers bureau; and
       ``(ii) conducting national, regional, State, Tribal, or 
     peer cross-State webinars, workshops, or conferences for 
     training community leaders, medical and mental health and 
     substance abuse professionals, education and disability 
     professionals, families, law enforcement personnel, judges, 
     individuals working in financial assistance programs, social 
     service personnel, child welfare professionals, and other 
     service providers.
       ``(D) Building capacity.--Building capacity for State, 
     Tribal, and local affiliates dedicated to FASD awareness, 
     prevention, and identification and family and individual 
     support programs and services.
       ``(4) Technical assistance.--Providing technical assistance 
     to--
       ``(A) communities for replicating and adapting exemplary 
     comprehensive systems of care for individuals with FASD 
     developed under section 399H(d) and for replicating and 
     adapting culturally-appropriate best or model projects of 
     care developed under section 399H(f);
       ``(B) States and Indian Tribes in developing statewide or 
     Tribal FASD strategic plans, establishing or expanding 
     statewide programs of surveillance, screening and diagnosis, 
     prevention, and clinical intervention, and support for 
     individuals with FASD and their families under section 
     399H(d); and
       ``(C) Indian Tribes and Tribal organizations in engaging in 
     tribal consultation to ensure that such Tribes and Tribal 
     organizations are able to develop culturally-appropriate 
     services and interventions for individuals with FASD and 
     other conditions related to prenatal substance exposure and 
     their families.
       ``(5) Other functions.--Carrying out other functions, to 
     the extent authorized by the Secretary, after consideration 
     of recommendations of the National Advisory Council on FASD.
       ``(c) Application.--To be eligible for a grant, contract, 
     or cooperative agreement under this section, an entity shall 
     submit to the Secretary an application at such time, in such 
     manner, and containing such information as the Secretary may 
     require, including specific credentials relating to FASD 
     expertise and experience relevant to the application's 
     proposed activity, including development of FASD public 
     awareness activities and resources; FASD resource 
     development, dissemination, and training; coordination of 
     FASD-informed services, technical assistance, administration 
     of FASD partner networks, and other FASD-specific expertise.
       ``(d) Subcontracting.--A public or private nonprofit may 
     carry out the activities under subsection (a) through 
     contracts or cooperative agreements with other public and 
     private nonprofit entities with demonstrated expertise in--
       ``(1) FASD prevention activities;
       ``(2) FASD screening and identification;
       ``(3) FASD resource, development, dissemination, training 
     and technical assistance, administration and support of FASD 
     partner networks; and
       ``(4) intervention services.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $8,000,000 for 
     each of fiscal years 2023 through 2028.''.
       (e) Department of Education and Department of Justice 
     Programs.--
       (1) Prevention, identification, intervention, and services 
     in the education system.--
       (A) General rule.--The Secretary of Education shall address 
     education-related issues with respect to children with FASD, 
     in accordance with this paragraph.
       (B) Specific responsibilities.--The Secretary of Education 
     shall direct the Office of Special Education and 
     Rehabilitative Services to--
       (i) support the development, collection, and dissemination 
     (through the internet website of the Department of Education, 
     at teacher-to-teacher workshops, through in-service 
     trainings, and through other means) of culturally-appropriate 
     best practices that are FASD-informed in the education and 
     support of children with FASD (including any special 
     techniques on how to assist these children in both special 
     and traditional educational settings, and including such 
     practices that incorporate information concerning the 
     identification, behavioral supports, teaching, and learning 
     associated with FASD) to--

       (I) education groups such as the National Association of 
     School Boards, the National Education Association, the 
     American Federation of Teachers, the National Association of 
     Elementary School Principals, the National Association of 
     Secondary School Principals and national groups of special 
     education teachers;
       (II) recipients of a grant under the 21st Century Community 
     Learning Center program established under part B of title IV 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7171 et seq.) and other after school program 
     personnel; and
       (III) parent teacher associations, parent information and 
     training centers, and other appropriate parent education 
     organizations;

       (ii) ensure that, in administering the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.), parents, 
     educators, and advocates for children with disabilities are 
     aware that children with FASD have the right to access 
     general curriculum under the least restrictive environment;
       (iii) collaborate with other Federal agencies to include 
     information or activities relating to prenatal alcohol and 
     other harmful substance exposure in programs related to 
     maternal health and health education; and

[[Page S5658]]

       (iv) support efforts by peer advisory networks of 
     adolescents in schools to discourage the use of alcohol and 
     other harmful substances while pregnant or when considering 
     getting pregnant.
       (C) Definition.--For purposes of this paragraph, the term 
     ``FASD'' has the meaning given such term in section 399H(a) 
     of the Public Health Service Act, as added by subsection (a).
       (D) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2023 through 2028.
       (2) Prevention, identification, intervention and services 
     in the justice system.--
       (A) In general.--The Attorney General shall address 
     justice-related issues with respect to youth and adults with 
     FASD and other neurodevelopmental conditions as a result of 
     prenatal substance exposure, in accordance with this 
     paragraph.
       (B) Requirements.--The Attorney General, acting through the 
     Office of Juvenile Justice and Delinquency Prevention and the 
     Bureau of Justice Initiatives, shall--
       (i) develop screening and assessment procedures and conduct 
     trainings on demonstration FASD surveillance projects in 
     adult and juvenile correction facilities in collaboration 
     with the National Center on Birth Defects and Developmental 
     Disabilities and assistance from appropriate medical and 
     mental health professionals;
       (ii) provide culturally appropriate support and technical 
     assistance to justice systems professionals in developing 
     training curricula on how to most effectively identify and 
     interact with individuals with FASD or similar 
     neurodevelopmental disorders in the adult and juvenile 
     justice systems, and such support may include providing 
     information about the prevention, assessment, identification 
     and treatment of these disorders into justice professionals' 
     credentialing or continuing education requirements;
       (iii) provide culturally appropriate technical assistance 
     to adult and juvenile systems in addressing the integration 
     of prenatal alcohol and substance exposure history into 
     existing validated screening and assessment instruments;
       (iv) provide culturally appropriate technical assistance 
     and support on the education of justice system professionals, 
     including judges, attorneys, probation officers, child 
     advocates, law enforcement officers, prison wardens and other 
     incarceration officials, medical and mental health 
     professionals, and administrators of developmental 
     disability, mental health and alternative incarceration 
     facilities on how to screen, assess, identify, treat, respond 
     and support individuals with FASD and other conditions as a 
     result of substance exposure within the justice systems, 
     including--

       (I) programs designed specifically for the identification, 
     assessment, treatment, and education of those with FASD;
       (II) curricula development and credentialing of teachers, 
     administrators, and social workers who implement such 
     programs; and
       (III) how FASD and other neurodevelopmental disorders 
     impact an individual's interaction with law enforcement and 
     whether diversionary sentencing options are more appropriate 
     for such individuals;

       (v) conduct a study on the practices and procedures within 
     the criminal justice system for identifying and treatment of 
     juvenile and adult offenders with neurodevelopmental 
     disabilities, such as FASD, the impact of FASD on offenders' 
     cognitive skills and adaptive functioning, and identify 
     alternative culturally-appropriate methods of treatment and 
     incarceration that have been demonstrated to be more 
     effective for such offenders; and
       (vi) collaborate with professionals with FASD expertise and 
     implement FASD-informed transition programs for adults and 
     juveniles with FASD who are released from adult and juvenile 
     correctional facilities.
       (C) Access for bop inmates.--The Attorney General shall 
     direct the Reentry Services Division at the Bureau of Prisons 
     to ensure that each inmate with FASD or a similar 
     neurodevelopmental disorder who is in the custody of the 
     Bureau of Prisons have access to FASD-informed culturally 
     appropriate services upon re-entry, including programs, 
     resources, and activities for adults with FASD, to facilitate 
     the successful reintegration into their communities upon 
     release.
       (D) Authorization of appropriations.--For the purpose of 
     carrying out this paragraph, there are authorized to be 
     appropriated $2,000,000 for each of fiscal years 2023 through 
     2028.
       (3) Definition.--For purposes of this subsection, the term 
     ``FASD'' has the meaning given such term in section 399H(a) 
     of the Public Health Service Act, as amended by subsection 
     (a).
                                 ______
                                 
  SA 6099. 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 G of title X, add the following:

     SEC. 1077. CONVEYANCE OF CERTAIN PUBLIC LAND TO THE 
                   UNIVERSITY OF ALASKA.

       (a) Definitions.--In this section:
       (1) Available state-selected land.--The term ``available 
     State-selected land'' means Federal land in the State that 
     has been selected by the State pursuant to section 6(b) of 
     Public Law 85-508 (commonly known as the ``Alaska Statehood 
     Act'') (48 U.S.C. note prec. 21), including land upon which 
     the State has, prior to December 31, 1993, filed a future 
     selection application under section 906(e) of the Alaska 
     National Interest Lands Conservation Act (43 U.S.C. 1635(e)), 
     but not conveyed or patented to the State, pursuant to Public 
     Law 85-508 (commonly known as the ``Alaska Statehood Act'') 
     (48 U.S.C. note prec. 21).
       (2) Inholding.--The term ``inholding'' means any interest 
     in land owned by the University within--
       (A) any conservation system unit (as defined in section 102 
     of the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3102)); or
       (B) any unit of the National Forest System in the State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       (4) State.--The term ``State'' means the State of Alaska.
       (5) University.--The term ``University'' means the 
     University of Alaska, acting through the Board of Regents.
       (b) Establishment.--The Secretary shall establish a program 
     within the Bureau of Land Management--
       (1) to identify and convey available State-selected land to 
     the University to support higher education in the State; and
       (2) to acquire, by purchase or exchange, University-owned 
     inholdings in the State.
       (c) Identification of Land to Be Conveyed to the 
     University.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, the State and the University may 
     jointly identify not more than 500,000 acres of available 
     State-selected land for inclusion in the program established 
     under subsection (b), of which not more than 360,000 acres 
     may be conveyed and patented to the University.
       (2) Technical assistance.--Upon the request of the State 
     and the University, the Secretary shall provide technical 
     assistance in the identification of available State-selected 
     land for inclusion in the program.
       (3) Maps.--As soon as practicable after the date on which 
     the available State-selected land is identified under 
     paragraph (1), 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 1 or 
     more maps depicting the available State-selected land 
     identified for potential conveyance to the University.
       (4) Conveyance.--Subject to paragraph (5), if the State and 
     the University notify the Secretary in writing that the State 
     and the University jointly concur with the conveyance of all 
     or a portion of the available State-selected land identified 
     under paragraph (1), and that the State will conditionally 
     relinquish the selection rights of the State to the land 
     covered by the notification on the issuance of the land being 
     tentatively approved, and will fully relinquish those 
     selection rights on final patent by the Secretary to the 
     University, the Secretary shall convey the applicable 
     identified available State-selected land to the University, 
     subject to valid existing rights, in the same manner and 
     subject to the same terms, conditions, and limitations as is 
     applicable to the State under section 6(b) of Public Law 85-
     508 (commonly known as the ``Alaska Statehood Act'') (48 
     U.S.C. note prec. 21) and other applicable law, to be held in 
     trust for the exclusive use and benefit of the University, to 
     be administered in accordance with subsection (e).
       (5) Terms and conditions.--
       (A) Maximum acreage.--Subject to subparagraph (C), the 
     Secretary shall convey not more than a total of 360,000 acres 
     of available State-selected land to the University under this 
     subsection, not to exceed the remaining entitlement of the 
     State under section 6(b) of Public Law 85-508 (commonly known 
     as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21).
       (B) Letters of concurrence.--For purposes of paragraph (4) 
     and subject to the maximum acreage limitation under paragraph 
     (1), the State and the University may submit to the Secretary 
     1 or more joint letters of concurrence identifying parcels of 
     available State selected land for conveyance as a subset of 
     the total acres to be conveyed under this subsection.
       (C) Acreage charged against alaska statehood act 
     entitlement.--The acreage of land conveyed to the University 
     under this subsection shall be charged against the remaining 
     entitlement of the State under section 6(b) of Public Law 85-
     508 (commonly known as the ``Alaska Statehood Act'') (48 
     U.S.C. note prec. 21).
       (D) Survey costs.--In accordance with Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (48 U.S.C. 
     note prec. 21), the Secretary shall be responsible for the 
     costs of required surveys.

[[Page S5659]]

       (E) Submerged lands.--Lands beneath navigable waters (as 
     defined in section 2 of the Submerged Lands Act (43 U.S.C. 
     1301)) shall not be available for conveyance to the 
     University under the program established under subsection 
     (b).
       (d) University of Alaska Inholdings.--
       (1) In general.--The Secretary or the Secretary of 
     Agriculture, as appropriate, may acquire by purchase or 
     exchange, with the consent of the University, University-
     owned inholdings within Federal land in the State.
       (2) Appraisals.--The value of the land to be exchanged or 
     acquired under this subsection shall be determined by the 
     Secretary or the Secretary of Agriculture, as appropriate, 
     through appraisals conducted--
       (A) in accordance with--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice; and
       (B) by a qualified appraiser mutually agreed to by the 
     Secretary or the Secretary of Agriculture, as appropriate, 
     and the University.
       (3) Equal value exchanges.--For any land exchange entered 
     into under this subsection, the Federal land and University-
     owned inholdings exchanged shall be of equal value.
       (4) Purchase acquisitions.--Pursuant to chapter 2003 of 
     title 54, United States Code, amounts in the Land and Water 
     Conservation Fund established by section 200302 of that title 
     may be used for the purchase of University-owned inholdings 
     within Federal land in the State under this subsection.
       (5) Requirement.--Any land acquired by the United States 
     under this subsection shall be administered in accordance 
     with the laws (including regulations) applicable to the 
     conservation system unit or unit of the National Forest 
     System in which the land is located.
       (e) Administration of Conveyed or Exchanged Land.--All 
     available State-selected land that is tentatively approved or 
     conveyed to the University under this section, and all land 
     or assets acquired by the University through an exchange 
     under this section, together with the income therefrom and 
     the proceeds from any dispositions thereof, shall be 
     administered by the University in trust to meet the necessary 
     expenses of higher education programs, similar to prior 
     Federal land grants to the University.
       (f) State and University Participation.--Nothing in this 
     section requires the State or the University--
       (1) to participate in the program established under 
     subsection (b); or
       (2) to enter into sales or exchanges of University-owned 
     inholdings under subsection (d).
       (g) Congressional Notification.--Not later than 90 days 
     after the date of any conveyance and patent to the University 
     under this section, the Secretary shall notify the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives of the land conveyed and patented.
       (h) No Effect on Alaska Statehood Act Entitlement 
     Unaffected.--Except for any available State-selected land 
     conveyed under subsection (c) and charged against the 
     remaining entitlement of the State under section 6(b) of 
     Public Law 85-508 (commonly known as the ``Alaska Statehood 
     Act'') (48 U.S.C. note prec. 21)--
       (1) the operation of the program established under 
     subsection (b) shall not diminish or alter the rights of the 
     State to receive the entitlement of the State in any way; and
       (2) the State may continue to pursue the transfer of the 
     remaining entitlement of the State under section 6(b) of 
     Public Law 85-508 (commonly known as the ``Alaska Statehood 
     Act'') (48 U.S.C. note prec. 21) at any time.
                                 ______
                                 
  SA 6100. 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 end of subtitle D of title X, add the following:

     SEC. 1035. NOTIFICATION OF ABANDONED UNITED STATES MILITARY 
                   EQUIPMENT USED IN TERRORIST ATTACKS.

       (a) In General.--Not later than 30 days after any element 
     of the intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003)) determines 
     that United States military equipment abandoned or otherwise 
     left unsecured in Afghanistan, Iraq, or Syria has been used 
     in a terrorist attack against the United States, allies or 
     partners of the United States, or local populations, the 
     Director of National Intelligence shall submit to the 
     appropriate committees of Congress a written notification of 
     such determination that includes any known details relating 
     to--
       (1) the equipment used in the attack;
       (2) the date on which, and the location from which, the 
     equipment left United States custody;
       (3) attribution for the orchestrators of the attack; and
       (4) the total number of deaths and casualties caused by the 
     attack.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Subcommittee on Defense of 
     the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 6101. 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 end of subtitle F of title XII, add the following:

     SEC. 1276. SUBMISSION TO CONGRESS OF DISSENT CABLES RELATING 
                   TO WITHDRAWAL OF THE UNITED STATES ARMED FORCES 
                   FROM AFGHANISTAN.

       (a) Submission of Classified Dissent Cables to Congress.--
     Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of State shall submit to Congress any 
     classified Department of State cable or memo that expresses a 
     dissenting recommendation or opinion with respect to the 
     withdrawal of the United States Armed Forces from 
     Afghanistan.
       (b) Public Availability of Unclassified Dissent Cables.--
     Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of State shall make available to the 
     public an unclassified version of any such cable or memo.
       (c) Protection of Personally Identifiable Information.--The 
     name and any other personally identifiable information of an 
     author of a cable or memo referred to in subsection (a) shall 
     be redacted before submission under that subsection or 
     publication under subsection (b).
                                 ______
                                 
  SA 6102. 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 B of title XII, add the following:

     SEC. 1226. AUTHORITY TO ENTER INTO A COOPERATIVE AGREEMENT TO 
                   PROTECT CIVILIANS IN IRAQ AND ON THE ARABIAN 
                   PENINSULA FROM WEAPONIZED UNMANNED AERIAL 
                   SYSTEMS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should improve cooperation with 
     allies, including Israel, and like-minded partners to 
     systematically map out, expose, and disrupt missile and drone 
     procurement networks used by the Iran-backed Houthi rebels in 
     Yemen and other Iranian proxies targeting United States 
     forces and assets and United States allies and partners in 
     the region;
       (2) the partner countries of the United States, including 
     Iraq and countries on the Arabian Peninsula, face urgent and 
     emerging threats from unmanned aerial systems and other 
     unmanned aerial vehicles;
       (3) joint research and development to counter unmanned 
     aerial systems will serve the national security interests of 
     the United States and its partners in Iraq and on the Arabian 
     Peninsula;
       (4) development of counter Unmanned Aircraft Systems (UAS) 
     technology will reduce the impacts of these attacks, build 
     deterrence, and increase regional stability; and
       (5) the United States and partners in Iraq and on the 
     Arabian Peninsula should continue to work together to protect 
     against the threat from unmanned aerial systems.
       (b) Defined Term.--In this section, the term ``Arabian 
     Peninsula'' means Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, 
     the United Arab Emirates, and Yemen.
       (c) Authority to Enter Into Agreement.--
       (1) In general.--The President is authorized to enter into 
     a cooperative project agreement with Iraq and countries on 
     the Arabian Peninsula under the authority of section 27 of 
     the Arms Export Control Act (22 U.S.C. 2767) to carry out 
     research on and development, testing, evaluation, and joint 
     production (including follow-on support) of defense articles 
     and defense services to detect, track, and destroy armed 
     unmanned aerial systems that threaten the United States and 
     its partners in Iraq and on the Arabian Peninsula.
       (2) Applicable requirements.--
       (A) In general.--The cooperative project agreement 
     described in paragraph (1)--

[[Page S5660]]

       (i) shall provide that any activities carried out pursuant 
     to such agreement are subject to--

       (I) the applicable requirements described in subparagraphs 
     (A), (B), and (C) of section 27(b)(2) of the Arms Export 
     Control Act (22 U.S.C. 2767(b)(2)); and
       (II) any other applicable requirements of the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.) with respect to the use, 
     transfer, and security of such defense articles and defense 
     services under such Act; and

       (ii) shall establish a framework to negotiate the rights to 
     intellectual property developed under such agreement.
       (B) Congressional reporting requirements.--Notwithstanding 
     section 27(g) of the Arms Export Control Act (22 U.S.C. 
     2767(g)), any defense articles that result from a cooperative 
     project agreement shall be subject to the requirements under 
     subsections (b) and (c) of section 36 of such Act (22 U.S.C. 
     2776).
       (d) Rule of Construction With Respect to Use of Military 
     Force.--Nothing in this section may be construed as an 
     authorization for the use of military force.
                                 ______
                                 
  SA 6103. Ms. MURKOWSKI (for herself, Mrs. Feinstein, Mr. Sullivan, 
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 appropriate place, insert the following:

     SEC. ___. PROGRAMS TO ADDRESS SUBSTANCE USE DISORDER.

       (a) Short Title.--This section may be cited as ``Bruce's 
     Law''.
       (b) Awareness Campaigns.--
       (1) Opioid program.--Section 102 of the Comprehensive 
     Addiction and Recovery Act of 2016 (Public Law 114-198) is 
     amended--
       (A) in the section heading, by inserting ``relating to 
     opioids'' after ``campaigns''; and
       (B) in subsection (c)--
       (i) in paragraph (1), by inserting ``and'' after the 
     semicolon;
       (ii) in paragraph (2)(B), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking paragraph (3).
       (2) Additional campaign.--Title I of the Comprehensive 
     Addiction and Recovery Act of 2016 (Public Law 114-198) is 
     amended by inserting after section 102 the following:

     ``SEC. 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF 
                   FENTANYL AND FENTANYL-CONTAMINATED DRUGS.

       ``(a) In General.--The Secretary of Health and Human 
     Services, in coordination with the heads of other Federal 
     departments and agencies, shall, as appropriate, through a 
     public awareness campaign, advance the education and 
     awareness of the public (including school-aged children, 
     youth, parents, first responders, and providers) and other 
     appropriate entities regarding the risk of counterfeit drugs 
     being contaminated with fentanyl or other synthetic opioids 
     and the lethality and other dangers of synthetic opioids.
       ``(b) Topics.--The education and awareness campaigns under 
     subsection (a) shall address--
       ``(1) the dangers of using drugs which may be contaminated 
     with fentanyl or other synthetic opioids;
       ``(2) the prevention of substance use disorder and use of 
     drugs other than as prescribed, including through safe 
     disposal of prescription medications and other safety 
     precautions; and
       ``(3) the detection of early warning signs of substance use 
     disorder and addiction in school-aged children and youth.
       ``(c) Other Requirements.--The education and awareness 
     campaigns under subsection (a) shall, as appropriate, take 
     into account any association between the use of prescription 
     drugs other than as prescribed and the use of drugs that can 
     be contaminated by fentanyl or other synthetic opioids, 
     including heroin.
       ``(d) Drug Defined.--In this section, the term `drug' means 
     an illicit drug, such as marijuana, hashish, cocaine 
     (including crack cocaine), inhalants, hallucinogens, heroin, 
     a synthetic opioid, methamphetamine or other stimulant, a 
     counterfeit prescription drug, or a prescription drug that is 
     sold illegally.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated for fiscal years 2023 through 
     2027 such sums as may be necessary to carry out this 
     section.''.
       (c) Federal Interagency Work Group on Fentanyl 
     Contamination of Illegal Drugs.--Title I of the Comprehensive 
     Addiction and Recovery Act of 2016 (Public Law 114-198), as 
     amended by subsection (b)(2), is further amended by inserting 
     after section 102A the following:

     ``SEC. 102B. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL 
                   CONTAMINATION OF ILLEGAL DRUGS.

       ``(a) Establishment.--The Secretary of Health and Human 
     Services (referred to in this section as the `Secretary') 
     shall establish the Federal Interagency Work Group on 
     Fentanyl Contamination of Illegal Drugs (referred to in this 
     section as the `Work Group').
       ``(b) Membership; Consultation.--
       ``(1) Composition.--Not later than 120 days after the date 
     of enactment of Bruce's Law, the heads of the Office of 
     National Drug Control Policy, the Substance Abuse and Mental 
     Health Services Administration, the Administration for 
     Children and Families, the Centers for Disease Control and 
     Prevention, the Department of Justice, the Drug Enforcement 
     Administration, the Department of State, the Department of 
     Education, and other Federal agencies (as determined by the 
     Secretary) shall designate representatives of the respective 
     agency or office to the Work Group.
       ``(2) Consultation.--The Work Group shall consult with--
       ``(A) experts at the State, Tribal, and local levels with 
     relevant backgrounds in reducing, preventing, and responding 
     to drug overdose by fentanyl contamination of illegal drugs;
       ``(B) individuals in recovery from misuse of fentanyl or 
     other synthetic opioids;
       ``(C) family members of adults who have overdosed by 
     fentanyl-contaminated illegal drugs;
       ``(D) family members of school-aged children and youth who 
     have overdosed by fentanyl-contaminated illegal drugs;
       ``(E) researchers and other experts in the design and 
     implementation of effective drug-related messaging and 
     prevention campaigns; and
       ``(F) technology companies.
       ``(c) Duties.--The Work Group shall--
       ``(1) examine all Federal efforts directed towards reducing 
     and preventing drug overdose by fentanyl- or other synthetic 
     opioid-contaminated illegal drugs;
       ``(2) identify strategies, resources, and supports to 
     improve State, Tribal, and local responses to overdose by 
     fentanyl- or other synthetic opioid-contaminated illegal 
     drugs;
       ``(3) make recommendations to Congress for improving 
     Federal programs and efforts and coordination across such 
     programs and efforts to reduce and prevent drug overdose by 
     fentanyl- or other synthetic opioid-contaminated illegal 
     drugs; and
       ``(4) make recommendations for educating youth on the 
     dangers of drugs contaminated by fentanyl or other synthetic 
     opioids.
       ``(d) Annual Report to Secretary.--The Work Group shall 
     annually prepare and submit to the Secretary, the Committee 
     on Health, Education, Labor, and Pensions of the Senate, and 
     the Committee on Education and Labor and the Committee on 
     Energy and Commerce of the House of Representatives, a report 
     on the activities carried out by the Work Group under 
     subsection (c), including recommendations to reduce and 
     prevent drug overdose by fentanyl or other synthetic opioid 
     contamination of illegal drugs, in all populations, and 
     specifically among youth at risk for substance use disorder 
     and use of drugs other than as prescribed.''.
       (d) Community-based Coalition Enhancement Grants to Address 
     Local Drug Crises.--Section 103(i) of the Comprehensive 
     Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is 
     amended by striking ``2017 through 2021'' and inserting 
     ``2023 through 2027''.
       (e) Community-based Coalition Enhancement Grants to Educate 
     Youth on the Risks of Drugs Contaminated With Fentanyl or 
     Other Synthetic Opioids.--Title I of the Comprehensive 
     Addiction and Recovery Act of 2016 (Public Law 114-198) is 
     amended by inserting after section 103 the following:

     ``SEC. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO 
                   EDUCATE YOUTH ON THE RISKS OF DRUGS 
                   CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC 
                   OPIOIDS.

       ``(a) Program Authorized.--The Director of the Office of 
     National Drug Control Policy (referred to in this section as 
     the `Director'), in coordination with the Director of the 
     Centers for Disease Control and Prevention, may make grants 
     to eligible entities to implement education of the public on 
     the dangers of contamination of drugs with fentanyl or other 
     synthetic opioids.
       ``(b) Application.--
       ``(1) In general.--An eligible entity seeking a grant under 
     this section shall submit an application to the Director at 
     such time, in such manner, and accompanied by such 
     information as the Director may require.
       ``(2) Criteria.--As part of an application for a grant 
     under this section, the Director shall require an eligible 
     entity to submit a detailed, comprehensive, multisector plan 
     for addressing the implementation of an evidence-based public 
     education campaign on the dangers of drugs contaminated with 
     fentanyl or other synthetic opioids, with a specific 
     consideration given to education focused on youth at 
     increased risk for developing a substance use disorder.
       ``(3) Eligible entities.--For purposes of this section, the 
     term `eligible entity'--
       ``(A) means an entity that has documented, using local 
     data, rates of drug overdose related to fentanyl or other 
     synthetic opioids at levels that are significant, as 
     determined by the Director; and
       ``(B) may include an entity that has received a grant under 
     the Drug-Free Communities Act of 1997.
       ``(c) Use of Funds.--An eligible entity shall use a grant 
     received under this section--
       ``(1) for programs designed to implement comprehensive 
     community-wide prevention strategies to address the dangers 
     of drugs contaminated with fentanyl or other synthetic 
     opioids, in the area served by the eligible entity, in 
     accordance with the plan submitted under subsection (b)(2);

[[Page S5661]]

       ``(2) to obtain specialized training and technical 
     assistance from the organization funded under section 4 of 
     Public Law 107-82 (21 U.S.C. 1521 note); and
       ``(3) for programs designed to implement comprehensive 
     community-wide strategies to address the dangers of drugs 
     contaminated with fentanyl or other synthetic opioids in the 
     community.
       ``(d) Supplement Not Supplant.--An eligible entity shall 
     use Federal funds received under this section only to 
     supplement the funds that would, in the absence of those 
     Federal funds, be made available from other Federal and non-
     Federal sources for the activities described in this section, 
     and not to supplant those funds.
       ``(e) Evaluation.--A grant under this section shall be 
     subject to the same evaluation requirements and procedures as 
     the evaluation requirements and procedures imposed on the 
     recipient of a grant under the Drug-Free Communities Act of 
     1997, and shall also include an evaluation of the 
     effectiveness at reducing the use of illicit fentanyl or 
     other synthetic opioids.
       ``(f) Limitation on Administrative Expenses.--Not more than 
     12 percent of the amounts made available to carry out this 
     section for a fiscal year may be used to pay for 
     administrative expenses.
       ``(g) Delegation Authority.--The Director may enter into an 
     interagency agreement with the Director of the Centers for 
     Disease Control and Prevention to delegate authority for the 
     execution of grants and for such other activities, as the 
     Director determines necessary to carry out this section.
       ``(h) Definition.--In this section, the term `drug' means 
     an illicit drug, such as marijuana, hashish, cocaine 
     (including crack cocaine), inhalants, hallucinogens, heroin, 
     a synthetic opioid, methamphetamine or other stimulant, a 
     counterfeit prescription drug, or a prescription drug that is 
     sold illegally.
       ``(i) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2023 through 2027.''.
                                 ______
                                 
  SA 6104. 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 XII, add the following:

     SEC. 1254. OPPOSITION TO PROVISION OF ASSISTANCE TO PEOPLE'S 
                   REPUBLIC OF CHINA BY MULTILATERAL DEVELOPMENT 
                   BANKS.

       (a) Findings.--Congress makes the following findings:
       (1) The People's Republic of China is the world's second 
     largest economy and a major global lender.
       (2) In February 2021, the foreign exchange reserves of the 
     People's Republic of China totaled more than 
     $3,200,000,000,000.
       (3) The World Bank classifies the People's Republic of 
     China as having an upper-middle-income economy.
       (4) On February 25, 2021, President Xi Jinping announced 
     ``complete victory'' over extreme poverty in the People's 
     Republic of China.
       (5) The Government of the People's Republic of China 
     utilizes state resources to create and promote the Asian 
     Infrastructure Investment Bank, the New Development Bank, and 
     the Belt and Road Initiative.
       (6) The People's Republic of China is the world's largest 
     official creditor.
       (7) Through a multilateral development bank, countries are 
     eligible to borrow until they can manage long-term 
     development and access to capital markets without financial 
     resources from the bank.
       (8) The World Bank reviews the graduation of a country from 
     eligibility to borrow from the International Bank for 
     Reconstruction and Development once the country reaches the 
     graduation discussion income, which is equivalent to the 
     gross national income. For fiscal year 2021, the graduation 
     discussion income is a gross national income per capita 
     exceeding $7,065.
       (9) Many of the other multilateral development banks, such 
     as the Asian Development Bank, use the gross national income 
     per capita benchmark used by the International Bank for 
     Reconstruction and Development to trigger the graduation 
     process.
       (10) The People's Republic of China exceeded the graduation 
     discussion income threshold in 2016.
       (11) Since 2016, the International Bank for Reconstruction 
     and Development has approved projects totaling $8,930,000,000 
     to the People's Republic of China.
       (12) Since 2016, the Asian Development Bank has continued 
     to approve loans and technical assistance to the People's 
     Republic of China totaling $7,600,000,000. The Bank has also 
     approved non-sovereign commitments in the People's Republic 
     of China totaling $1,800,000,000 since 2016.
       (13) The World Bank calculates the People's Republic of 
     China's most recent year (2019) gross national income per 
     capita as $10,390.
       (b) Statement of Policy.--It is the policy of the United 
     States to oppose any additional lending from the multilateral 
     development banks, including the International Bank for 
     Reconstruction and Development and the Asian Development 
     Bank, to the People's Republic of China as a result of the 
     People's Republic of China's successful graduation from the 
     eligibility requirements for assistance from those banks.
       (c) Opposition to Lending to People's Republic of China.--
     The Secretary of the Treasury shall instruct the United 
     States Executive Director at each multilateral development 
     bank to use the voice, vote, and influence of the United 
     States--
       (1) to oppose any loan or extension of financial or 
     technical assistance by the bank to the People's Republic of 
     China; and
       (2) to end lending and assistance to countries that exceed 
     the graduation discussion income of the bank.
       (d) Report Required.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report that includes--
       (1) an assessment of the status of borrowing by the 
     People's Republic of China from each multilateral development 
     bank;
       (2) a description of voting power, shares, and 
     representation by the People's Republic of China at each such 
     bank;
       (3) a list of countries that have exceeded the graduation 
     discussion income at each such bank;
       (4) a list of countries that have graduated from 
     eligibility for assistance from each such bank; and
       (5) a full description of the efforts taken by the United 
     States to graduate countries from such eligibility once they 
     exceed the graduation discussion income at each such bank.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) Multilateral development banks.--The term 
     ``multilateral development banks'' has the meaning given that 
     term in section 1701(c) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)).
                                 ______
                                 
  SA 6105. 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 appropriate place, insert the following:

     SEC. ___. PROGRAM TO IMPROVE THE CARE PROVIDED TO PATIENTS IN 
                   THE EMERGENCY DEPARTMENT WHO ARE AT RISK OF 
                   SUICIDE.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 399V-7. PROGRAM TO IMPROVE THE CARE PROVIDED TO 
                   PATIENTS IN THE EMERGENCY DEPARTMENT WHO ARE AT 
                   RISK OF SUICIDE.

       ``(a) In General.--The Secretary shall establish a program 
     (in this section referred to as the `Program') to improve the 
     identification, assessment, and treatment of patients in 
     emergency departments who are at risk for suicide, including 
     by--
       ``(1) developing policies and procedures for identifying 
     and assessing individuals who are at risk of suicide; and
       ``(2) enhancing the coordination of care for such 
     individuals after discharge.
       ``(b) Grant Establishment and Participation.--
       ``(1) In general.--In carrying out the Program, the 
     Secretary shall award grants on a competitive basis to not 
     more than 40 eligible health care sites described in 
     paragraph (2).
       ``(2) Eligibility.--To be eligible for a grant under this 
     section, a health care site shall--
       ``(A) submit an application to the Secretary at such time, 
     in such manner, and containing such information as the 
     Secretary may specify;
       ``(B) be a hospital (as defined in section 1861(e) of the 
     Social Security Act);
       ``(C) have an emergency department; and
       ``(D) deploy onsite health care or social service 
     professionals to help connect and integrate patients who are 
     at risk of suicide with treatment and mental health support 
     services.
       ``(3) Preference.--In awarding grants under this section, 
     the Secretary may give preference to eligible health care 
     sites described in paragraph (2) that meet at least one of 
     the following criteria:
       ``(A) The eligible health care site is a critical access 
     hospital (as defined in section 1861(mm)(1) of the Social 
     Security Act).

[[Page S5662]]

       ``(B) The eligible health care site is a sole community 
     hospital (as defined in section 1886(d)(5)(D)(iii) of the 
     Social Security Act).
       ``(C) The eligible health care site is operated by the 
     Indian Health Service, by an Indian Tribe or Tribal 
     organization (as such terms are defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act), or 
     by an urban Indian organization (as defined in section 4 of 
     the Indian Health Care Improvement Act).
       ``(D) The eligible health care site is located in a 
     geographic area with a suicide rate that is higher than the 
     national rate, as determined by the Secretary based on the 
     most recent data from the Centers for Disease Control and 
     Prevention.
       ``(c) Period of Grant.--A grant awarded to an eligible 
     health care site under this section shall be for a period of 
     at least 2 years.
       ``(d) Grant Uses.--
       ``(1) Required uses.--A grant awarded under this section to 
     an eligible health care site shall be used for the following 
     purposes:
       ``(A) To train emergency department health care 
     professionals to identify, assess, and treat patients who are 
     at risk of suicide.
       ``(B) To establish and implement policies and procedures 
     for emergency departments to improve the identification, 
     assessment, and treatment of individuals who are at risk of 
     suicide.
       ``(C) To establish and implement policies and procedures 
     with respect to care coordination, integrated care models, or 
     referral to evidence-based treatment to be used upon the 
     discharge from the emergency department of patients who are 
     at risk of suicide.
       ``(2) Additional permissible uses.--In addition to the 
     required uses listed in paragraph (1), a grant awarded under 
     this section to an eligible health care site may be used for 
     any of the following purposes:
       ``(A) To hire emergency department psychiatrists, 
     psychologists, nurse practitioners, counselors, therapists, 
     or other licensed health care and behavioral health 
     professionals specializing in the treatment of individuals at 
     risk of suicide.
       ``(B) To develop and implement best practices for the 
     follow-up care and long-term treatment of individuals who are 
     at risk of suicide.
       ``(C) To increase the availability of, and access to, 
     evidence-based treatment for individuals who are at risk of 
     suicide, including through telehealth services and strategies 
     to reduce the boarding of these patients in emergency 
     departments.
       ``(D) To offer consultation with and referral to other 
     supportive services that provide evidence-based treatment and 
     recovery for individuals who are at risk of suicide.
       ``(e) Reporting Requirements.--
       ``(1) Reports by grantees.--Each eligible health care site 
     receiving a grant under this section shall submit to the 
     Secretary an annual report for each year for which the grant 
     is received on the progress of the program funded through the 
     grant. Each such report shall include information on--
       ``(A) the number of individuals screened in the site's 
     emergency department for being at risk of suicide;
       ``(B) the number of individuals identified in the site's 
     emergency department as being--
       ``(i) survivors of an attempted suicide; or
       ``(ii) are at risk of suicide;
       ``(C) the number of individuals who are identified in the 
     site's emergency department as being at risk of suicide by a 
     health care or behavioral health professional hired pursuant 
     to subsection (d)(2)(A);
       ``(D) the number of individuals referred by the site's 
     emergency department to other treatment facilities, the types 
     of such other facilities, and the number of such individuals 
     admitted to such other facilities pursuant to such referrals;
       ``(E) the effectiveness of programs and activities funded 
     through the grant in preventing suicides and suicide 
     attempts; and
       ``(F) any other relevant additional data regarding the 
     programs and activities funded through the grant.
       ``(2) Report by secretary.--Not later than one year after 
     the end of fiscal year 2027, the Secretary shall submit to 
     Congress a report that includes--
       ``(A) findings on the Program;
       ``(B) overall patient outcomes achieved through the 
     Program;
       ``(C) an evaluation of the effectiveness of having a 
     trained health care or behavioral health professional onsite 
     to identify, assess, and treat patients who are at risk of 
     suicide; and
       ``(D) a compilation of policies, procedures, and best 
     practices established, developed, or implemented by grantees 
     under this section.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     the period of fiscal years 2023 through 2027.''.
                                 ______
                                 
  SA 6106. 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 end of subtitle C of title XII, add the following:

     SEC. 1239. PROCUREMENT OF S-400 AIR DEFENSE MISSILE SYSTEM 
                   FROM REPUBLIC OF TURKEY AND TRANSFER TO 
                   UKRAINE.

       (a) Authority.--Subject to subsection (b), such sums as may 
     be necessary are authorized to be appropriated for the Army 
     for ``Missile Procurement, Army'' for the purchase of an S-
     400 air defense missile system for the purpose of 
     transferring such air defense missile system to Ukraine.
       (b) Certification Requirement.--The authority to purchase 
     an S-400 air defense missile system under subsection (a) is 
     subject to a certification by the Government of Turkey to the 
     Secretary of Defense and the Secretary of State that the 
     proceeds of such purchase will not be utilized to purchase or 
     otherwise acquire military apparatus deemed by the United 
     States to be incompatible with the North Atlantic Treaty 
     Organization.
       (c) Transfer Requirement.--Any S-400 air defense missile 
     system purchased under subsection (a) shall be transferred to 
     Ukraine not later than 180 days after the date of such 
     purchase.
                                 ______
                                 
  SA 6107. Mr. HAGERTY 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.  Amounts made available by section 101 to the 
     Department of Homeland Security for ``Immigration and Customs 
     Enforcement--Operations and Support'' shall be apportioned up 
     to the rate for operations necessary to increase detention 
     and removal operations.
       Sec. 159.  Amounts made available by section 101 to the 
     Department of Homeland Security for ``Customs and Border 
     Protection--Operations and Support'' shall be apportioned up 
     to the rate for operations necessary to increase border 
     security operations.
                                 ______
                                 
  SA 6108. 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:

        Strike section 1233 and insert the following:

     SEC. 1233. EXTENSION AND MODIFICATION OF UKRAINE SECURITY 
                   ASSISTANCE INITIATIVE.

       (a) Authority To Provide Assistance.--Subsection (a) of 
     section 1250 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608) is 
     amended to read as follows:
       ``(a) Authority To Provide Assistance.--
       ``(1) In general.--Amounts available for a fiscal year 
     under subsection (f) shall be available to the Secretary of 
     Defense, with the concurrence of the Secretary of State, to 
     provide, for the purposes described in paragraph (2), 
     appropriate security assistance and intelligence support, 
     including training, equipment, logistics support, supplies 
     and services, salaries and stipends, and sustainment to--
       ``(A) the military and national security forces of Ukraine; 
     and
       ``(B) other forces or groups recognized by, and under the 
     authority of, the Government of Ukraine, including 
     governmental entities within Ukraine, that are engaged in 
     resisting Russian aggression.
       ``(2) Purposes described.--The purposes described in this 
     paragraph are as follows:
       ``(A) To enhance the capabilities of the military and other 
     security forces of the Government of Ukraine to defend 
     against further aggression.
       ``(B) To assist Ukraine in developing the combat capability 
     to defend its sovereignty and territorial integrity.
       ``(C) To replace, from the inventory of the United States, 
     weapons and articles provided to the Government of Ukraine.
       ``(D) To recover or dispose of equipment procured using 
     funds made available under this section.''.
       (b) Facilitation and Processing of Surrender and Defections 
     of Members of the Military Forces of the Russian 
     Federation.--
       (1) In general.--Of the funds available for fiscal year 
     2023 pursuant to subsection (f)(8), $50,000,000 shall be 
     available to assist the Government of Ukraine, and the 
     governments of other partner countries in Europe, in 
     facilitating and processing members of the military forces of 
     the Russian Federation who--
       (A) surrender in Ukraine; or
       (B) defect from the Russian Federation.

[[Page S5663]]

       (2) Eligible activities.-- The funds provided under 
     paragraph (1) may be used for--
       (A) intelligence sharing among the United States, Ukraine, 
     and European partners with respect to surrenders and 
     defections by members of the military forces of the Russian 
     Federation;
       (B) information operations with respect to such surrenders 
     and defections;
       (C) the solicitation of such surrenders and defections, 
     with a priority for high-ranking officers of the military 
     forces of the Russian Federation; and
       (D) detention and security force operations relating to 
     such surrenders and defections.
       (3) Prohibited activities.--The funds provided under 
     paragraph (1) shall not be used for cash payments, transfer 
     of items of monetary value, or bribes.
       (c) United States Inventory and Other Sources.--Subsection 
     (d) of such section is amended by adding at the end the 
     following new paragraph:
       ``(3) Acceptance of returned equipment.--
       ``(A) In general.--The Secretary of Defense may accept 
     equipment procured under the authority of this section that 
     was transferred to the military or national security forces 
     of Ukraine or to other assisted entities and has been 
     returned by such forces to the United States.
       ``(B) Treatment as stocks of the department.--Equipment 
     procured under the authority of this section that has not 
     been transferred to the military or national security forces 
     of Ukraine or to other assisted entities, or that has been 
     returned by such forces or other assisted entities to the 
     United States, may, upon written notification by the 
     Secretary of Defense to the congressional defense committees, 
     be treated as stocks of the Department.''.
       (d) Funding.--Subsection (f) of such section is amended by 
     adding at the end the following new paragraph:
       ``(8) For fiscal year 2023, $850,000,000.''.
       (e) Notice to Congress; Reports.--Such section is further 
     amended--
       (1) by striking the second subsection (g);
       (2) by redesignating the first subsection (g) (as added by 
     section 1237(d) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2496)) and 
     subsection (h) as subsections (i) and (j), respectively; and
       (3) by inserting after subsection (f) the following new 
     subsections (g) and (h):
       ``(g) Notice to Congress.--
       ``(1) In general.--Not less than 15 days before providing 
     assistance or support under this section (or if the Secretary 
     of Defense determines, on a case-by-case basis, that 
     extraordinary circumstances exist that impact the national 
     security of the United States, as far in advance as is 
     practicable), the Secretary of Defense shall submit to the 
     congressional defense committees a written notification of 
     the details of such assistance or support.
       ``(2) Support to other forces or groups.--Not less than 15 
     days before providing assistance or support under this 
     section to other forces or groups described in subsection 
     (a)(1)(B) (or if the Secretary of Defense determines, on a 
     case-by-case basis, that extraordinary circumstances exist 
     that impact the national security of the United States, as 
     far in advance as is practicable but not later than 48 hours 
     in advance) the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a written notification detailing the intended 
     recipient forces or groups, the command and control 
     relationship that each such entity has with the Government of 
     Ukraine, and the assistance or support to be provided.
       ``(h) Quarterly Reports.--Not less frequently than 
     quarterly, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the use of the 
     authority under this section.''.
       (f) Termination of Authority.--Subsection (i) of such 
     subsection, as redesignated, is amended by striking 
     ``December 31, 2024'' and inserting ``December 31, 2025''.
                                 ______
                                 
  SA 6109. 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 end of subtitle F of title X, insert the following:

     SEC. 1064. ANNUAL REPORTS ON THE AUGUST 2022 LOAN 
                   CANCELLATION EFFORT AND READINESS.

       (a) Definitions.--In this section:
       (1) Appropriate committees.--The term ``appropriate 
     committees'' means--
       (A) the Committee on Armed Services, Committee on Banking, 
     and Committee on Health, Education, Labor, and Pensions of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Financial Services, and the Committee on Education and Labor 
     of the House of Representatives.
       (2) Federal student loan.--The term ``Federal student 
     loan'' means a loan made, insured, or guaranteed under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.).
       (3) August 2022 loan cancellation effort.--The term 
     ``August 2022 loan cancellation effort''--
       (A) means the decision made on August 24, 2022, to provide 
     loan cancellation under section 2 of the Higher Education 
     Relief Opportunities for Students Act of 2003 (20 U.S.C. 
     1098bb) for certain Federal student loan borrowers; and
       (B) excludes any targeted Federal student loan forgiveness, 
     cancellation, or repayment programs carried out under the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), under 
     final regulations as in effect on May 11, 2022.
       (b) Annual Report on Federal Student Loan Forgiveness and 
     Readiness.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act and annually thereafter for the 
     following 4 years, the Undersecretary of Defense for 
     Personnel and Readiness shall submit to the appropriate 
     committees a report on the effect of the Secretary of 
     Education's August 2022 loan cancellation effort.
       (2) Contents.--A report required under paragraph (1) shall 
     include--
       (A) data and analysis with respect to the Secretary of 
     Education's August 2022 loan cancellation effort and its 
     effect on--
       (i) recruitment;
       (ii) retention; and
       (iii) readiness; and
       (B) in the case of the first report required under 
     paragraph (1), an estimate on the total number of military 
     personnel and veterans who have received, or are eligible 
     for, loan cancellation under the Secretary of Education's 
     August 2022 loan cancellation effort.
                                 ______
                                 
  SA 6110. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. ____. RESTRICTIONS ON INTERNAL REVENUE SERVICE HIRING.

       Section 7804 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subsection:
       ``(e) Restrictions on Hiring.--The Commissioner of Internal 
     Revenue may not hire any individual who--
       ``(1) is tax noncompliant (as of the date of such hire); or
       ``(2) had been previously been employed by the Internal 
     Revenue Service and was terminated or separated for willful 
     failure to properly file their Federal tax returns.''.
                                 ______
                                 
  SA 6111. Ms. ERNST (for herself, Mr. Rubio, Ms. Hassan, 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 end of subtitle E of title VIII, add the following:

     SEC. 875. GOVERNMENTWIDE PROCUREMENT POLICY AND GUIDANCE TO 
                   MITIGATE ORGANIZATIONAL CONFLICTS OF INTEREST 
                   RELATING TO NATIONAL SECURITY AND FOREIGN 
                   POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) The Federal Government's reliance on contractors for 
     mission support services can create potential organizational 
     conflicts of interest related to national security due to 
     competing interests as a result of business relationships 
     with foreign adversarial nations and entities.
       (2) It is imperative that contractors providing mission 
     support services to the Federal Government related to the 
     national security are not providing mission support services 
     for foreign adversaries with regards to efforts that are 
     counter to the national security and foreign policy interests 
     of the United States, including for crimes against humanity 
     declared by the Secretary of State.
       (3) Protecting against organizational conflicts of interest 
     related to foreign adversarial nations and entities in 
     Federal mission support services is essential to the national 
     security and economic security of the United States.
       (b) Policy and Guidance.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Office of Federal Procurement 
     Policy, in coordination with the heads of relevant agencies, 
     including the Secretary of Defense, the Secretary of 
     Commerce, the Secretary of

[[Page S5664]]

     Homeland Security, the Secretary of the Treasury, the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of State, shall develop governmentwide 
     procurement policy and guidance to mitigate and eliminate 
     organizational conflict of interests relating to contracts 
     involving national security matters or foreign policy 
     interests.
       (2) Elements.--The procurement policy and guidance 
     developed under paragraph (1) shall include the following 
     elements:
       (A) Updating guidance relating to organizational conflicts 
     of interest with foreign entities and governments that are 
     contrary to the national security or foreign policy interests 
     of the United States.
       (B) Providing a definition of ``consulting contract'', 
     considering the definitions of ``advisory and assistance 
     services'' and ``professional and consultant services'' 
     provided under sections 2.101 and 31.205-33, respectively, of 
     the Federal Acquisition Regulation.
       (C) Providing executive agencies with solicitation 
     provisions and contract clauses that require offerors and 
     contractors for Federal consulting contracts--
       (i) when submitting an offer, to disclose any beneficial 
     ownership, active contracts, contracts held within the last 
     five years, or any other information relevant to potential 
     organizational conflicts of interest with respect to 
     contracts described in paragraph (3); and
       (ii) while performing the resulting contract, to disclose 
     information relevant to potential organizational conflicts of 
     interest and to limit future work as necessary to address 
     potential conflicts with respect to contracts described in 
     paragraph (3).
       (D) Providing that organizational conflicts of interest 
     found to be contrary to the national security or foreign 
     policy interests of the United States may be grounds for 
     denial of a contract, and failure to disclose such a 
     potential conflict may be grounds for termination for cause, 
     suspension, or debarment of a contractor.
       (3) Contracts described.--Contracts described in this 
     paragraph are the following:
       (A) Contracts with any of the following entities:
       (i) The Government of the People's Republic of China.
       (ii) The Chinese Communist Party.
       (iii) Any Chinese state-owned entity.
       (iv) The People's Liberation Army.
       (v) Any entity on the Non-SDN Chinese Military-Industrial 
     Complex Companies List (NS-CMIC-List) maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury.
       (vi) Any Chinese military company identified by the 
     Secretary of Defense pursuant to section 1237(b) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 50 U.S.C. 1701 note).
       (vii) The Government of the Russian Federation, any Russian 
     state-owned entity, or any entity sanctioned by the Secretary 
     of the Treasury under Executive Order 13662 (``Blocking 
     Property of Additional Persons Contributing to the Situation 
     in Ukraine'').
       (viii) The government or any state-owned entity of any 
     country determined by the Secretary of State to be a state 
     sponsor of terrorism under section 1754(c) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (50 U.S.C. 4813(c)), section 40 of the Arms Export 
     Control Act (22 U.S.C. 2779A), or section 620A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371).
       (ix) Any entity included on any of the following lists 
     maintained by the Department of Commerce:

       (I) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations under subchapter 
     C of chapter VII of title 15, Code of Federal Regulations.
       (II) The Denied Persons List as described in section 
     764.3(a)(2) of the Export Administration Regulations.
       (III) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.
       (IV) The Military End User List set forth in Supplement No. 
     7 to part 744 of the Export Administration Regulations.

       (x) An entity determined to pose a risk to the national 
     security or foreign policy interests of the United States, as 
     determined by the Office of Federal Procurement Policy in 
     coordination with the heads of relevant agencies listed in 
     subsection (b)(1).
       (B) Contracts for consulting services relating to any 
     crimes against humanity as determined by the Secretary of 
     State.
       (c) Revision of Federal Acquisition Regulation.--Not later 
     than one year after the date of the enactment of this Act, 
     the Federal Acquisition Regulatory Council shall revise the 
     Federal Acquisition Regulation to implement the requirements 
     of this section.
                                 ______
                                 
  SA 6112. Ms. ERNST (for herself, Mr. Cotton, Mrs. Gillibrand, 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 A of title VII, add the following:

     SEC. 706. PSYCHOLOGICAL EVALUATIONS FOR MEMBERS OF THE ARMED 
                   FORCES RETURNING FROM KABUL, AFGHANISTAN.

       (a) Initial Evaluation.--Not later than 180 days after the 
     date of the enactment of this Act, subject to subsection (c), 
     the Secretary of Defense shall offer an initial psychological 
     evaluation to each member of the Armed Forces who--
       (1) served at the Hamid Karzai International Airport in 
     Kabul, Afghanistan, between August 15 and August 29, 2021; 
     and
       (2) has not already received a psychological evaluation 
     with respect to such service.
       (b) Additional Evaluations.--Subject to subsection (c), the 
     Secretary of Defense shall offer to each member of the Armed 
     Forces who is offered a psychological evaluation under 
     subsection (a), or would have been offered such an evaluation 
     but for the application of subsection (a)(2), an additional 
     evaluation--
       (1) not later than 2 years after the date of the enactment 
     of this Act; and
       (2) not later than 5 years after such date of enactment.
       (c) Limitation on Evaluations.--The Secretary of Defense 
     may offer a psychological evaluation to a member of the Armed 
     Forces under subsection (a) or (b) only if the member is on 
     active service or active status at the time the evaluation is 
     to be offered to the member.
       (d) Report.--Not later than 220 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     number of members of the Armed Forces, disaggregated by 
     members on active duty and members of the reserve components, 
     who--
       (1) are eligible for and have received an initial 
     psychological evaluation under subsection (a); or
       (2) have otherwise received a psychological evaluation with 
     respect to service at the Hamid Karzai International Airport 
     in Kabul, Afghanistan, between August 15 and August 29, 2021.
       (e) Definitions.--In this section:
       (1) Active service; active status.--The terms ``active 
     service'' and ``active status'' have the meanings given those 
     terms in section 101(d) of title 10, United States Code.
       (2) Psychological evaluation.--The term ``psychological 
     evaluation'' means an evaluation of the mental health of an 
     individual conducted by a health care professional, 
     psychologist, or doctor either in-person or face-to-face over 
     a virtual platform.
                                 ______
                                 
  SA 6113. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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 ON PREVALENCE AND MORTALITY OF CANCER AMONG 
                   AIRCREW OF THE NAVY, AIR FORCE, AND MARINE 
                   CORPS.

       (a) Study.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall seek to enter into an agreement with the National 
     Academies of Sciences, Engineering, and Medicine under which 
     the National Academies shall conduct a study of the 
     prevalence and mortality of cancers among covered 
     individuals.
       (b) Matters Included.--The study under subsection (a) shall 
     include the following:
       (1) Identification of chemicals, compounds, agents, and 
     other phenomena that cause elevated cancer prevalence and 
     mortality risks among covered individuals, including a nexus 
     study design to determine whether there is a scientifically 
     established link, based on scientific association, between 
     such a chemical, compound, agent, or other phenomena and such 
     cancer prevalence or mortality risk.
       (2) An assessment of not fewer than 10 types of cancer that 
     are of concern with respect to exposure by covered 
     individuals to the chemicals, compounds, agents, and other 
     phenomena identified under paragraph (1), which may include 
     colon and rectum cancers, pancreatic cancer, melanoma skin 
     cancer, prostate cancer, testis cancer, urinary bladder 
     cancer, kidney cancer, brain cancer, thyroid cancer, lung 
     cancer, and non-Hodgkin lymphoma.
       (3) A review of all available sources of relevant data, 
     including health care databases of the Department of Veterans 
     Affairs and the Department of Defense, the national death 
     index, and the study conducted under section 750 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 
     3716).

[[Page S5665]]

       (c) Submission.--
       (1) Study.--Upon completion of the study under subsection 
     (a), the National Academies shall submit to the Secretary of 
     Veterans Affairs, the Secretary of Defense, the Secretary of 
     the Navy, the Secretary of the Air Force, the Committee on 
     Veterans' Affairs of the Senate, and the Committee on 
     Veterans' Affairs of the House of Representatives the study.
       (2) Report.--Not later than December 31, 2025, 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 study under subsection (a), including--
       (A) the specific actions the Secretary is taking to ensure 
     that the study informs the evaluation of disability claims 
     made to the Secretary, including with respect to providing 
     guidance to claims examiners and revising the schedule of 
     ratings for disabilities under chapter 11 of title 38, United 
     States Code; and
       (B) any recommendations of the Secretary.
       (3) Form.--The report under paragraph (2) shall be 
     submitted in unclassified form.
       (d) Covered Individual Defined.--In this section, the term 
     ``covered individual'' means an individual who served in the 
     regular or reserve components of the Navy, Air Force, or 
     Marine Corps, including the Air National Guard, as an air 
     crew member of a fixed-wing aircraft, including pilots, 
     navigators, weapons systems operators, aircraft system 
     operators, and any other crew member who regularly flew in an 
     aircraft.
                                 ______
                                 
  SA 6114. Ms. ERNST (for herself and 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 FEDERAL FUNDING TO ECOHEALTH 
                   ALLIANCE, INC.

       No funds authorized under this Act may be made available 
     for any purpose to EcoHealth Alliance, Inc., including any 
     subsidiaries and related organizations where EcoHealth 
     Alliance, Inc., is a direct controlling entity.
                                 ______
                                 
  SA 6115. Ms. ERNST (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 E of title V, add the following:

     SEC. 564. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF USE OF 
                   TRANSITION PROGRAMS BY MEMBERS OF SPECIAL 
                   OPERATIONS FORCES.

       (a) Review.--The Comptroller General of the United States 
     shall review the use of Department of Defense transition 
     programs by members of the Armed Forces assigned to special 
     operations forces.
       (b) Preliminary Briefing and Report.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Comptroller General shall provide to the appropriate 
     committees of Congress a briefing and report on the 
     preliminary findings of the review conducted under subsection 
     (a).
       (c) Final Briefing.--Not later than one year after the date 
     of the enactment of this Act, the Comptroller General shall 
     provide to the appropriate committees of Congress a briefing 
     on the final results of the review conducted under subsection 
     (a).
       (d) Final Report.--
       (1) In general.--The Comptroller General shall submit to 
     the appropriate committees of Congress a report containing 
     the final results of the review conducted under subsection 
     (a) on a date agreed to at the time of the briefing provided 
     under subsection (b).
       (2) Elements.--The report required by paragraph (1) shall 
     include an examination of the following:
       (A) The extent to which members of the Armed Forces 
     assigned to special operations forces participate in 
     Department of Defense transition programs.
       (B) What unique challenges those members face in making the 
     transition to civilian life and the extent to which existing 
     Department of Defense transition programs address those 
     challenges.
       (C) The extent to which the Secretary of Defense directs 
     those members to transition resources provided by 
     nongovernmental entities.
       (e) 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; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
       (2) Department of defense transition programs.--The term 
     ``Department of Defense transition programs'' means programs 
     (including the Transition Assistance Program and Skillbridge) 
     carried out under laws administered by the Secretary of 
     Defense that help members of the Armed Forces make the 
     transition to civilian life.
       (3) Skillbridge.--The term ``Skillbridge'' means the 
     programs to provide job training and employment skills 
     training carried out under section 1143(e) of title 10, 
     United States Code.
       (4) Special operation forces.--The term ``special 
     operations forces'' means the forces described in section 
     167(j) of title 10, United States Code.
       (5) Transition assistance program.--The term ``Transition 
     Assistance Program'' means the program of preseparation 
     counseling, employment assistance, and other transitional 
     services provided under sections 1142 and 1144 of title 10, 
     United States Code.
                                 ______
                                 
  SA 6116. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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 GROUND ADVANCED TECHNOLOGY.

       The amount authorized to be appropriated for fiscal year 
     2023 by section 201 for research, development, test, and 
     evaluation is hereby increased by $12,000,000, with the 
     amount of the increase to be available for Ground Advanced 
     Technology (PE 0603119A).
                                 ______
                                 
  SA 6117. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. CLARIFICATION OF AUTHORITY TO SOLICIT GIFTS IN 
                   SUPPORT OF THE MISSION OF THE DEFENSE POW/MIA 
                   ACCOUNTING AGENCY TO ACCOUNT FOR MEMBERS OF THE 
                   ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES LISTED AS MISSING.

       Section 1501a of title 10, United States Code, is amended--
       (1) in subsection (e)(1), by inserting ``solicit,'' after 
     ``the Secretary may''; and
       (2) in subsection (f)(2)--
       (A) by inserting ``solicitation or'' after ``provide 
     that''; and
       (B) by striking ``acceptance or use'' and inserting 
     ``solicitation, acceptance, or use''.
                                 ______
                                 
  SA 6118. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. SENSE OF CONGRESS ON INVESTING IN HYPERSONIC 
                   TECHNOLOGIES.

       It is the sense of Congress that the Secretary of Defense 
     should--
       (1) prioritize investments in hypersonic-related 
     technologies and leverage industry to develop solutions to 
     the communications continuity challenges facing advancements 
     of hypersonic technology by the United States;
       (2) enable and facilitate collaborations with industry and 
     academia to develop emerging technologies that enable United 
     States hypersonic vehicles to communicate through the 
     turbulent hypersonic blackout window; and
       (3) continue to underscore the importance of providing a 
     range of capabilities to combatant commands, including United 
     States

[[Page S5666]]

     Indo-Pacific Command, given the pacing challenge of near-peer 
     competitors of the United States.
                                 ______
                                 
  SA 6119. 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 end of subtitle G of title V, add the following:

     SEC. 589. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
                   COVID-19 VACCINE REQUIREMENTS AND THEIR EFFECTS 
                   ON END STRENGTH AND READINESS.

       (a) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives a report on Department of Defense COVID-19 
     vaccine requirements and their effects on end strength and 
     readiness.
       (b) Elements.--The report required under subsection (a) 
     shall include data and analysis with respect to--
       (1) the number of pending and rejected vaccine waiver 
     requests, including religious waivers;
       (2) the number of removals from service, including rank, 
     occupation, and time in service;
       (3) an estimated total of benefits lost for such removals;
       (4) the effect of the vaccine requirement on recruitment, 
     retention, and readiness;
       (5) the estimated cost to retrain replacements, including 
     end strength loss from occupations that are currently 
     eligible for recruitment and retention bonuses;
       (6) a catalogue of cancelled or delayed training or 
     missions due to COVID-19 outbreaks or lack of manpower due to 
     removals; and
       (7) the number of servicemembers who are being denied 
     permanent change of station, educational, or other 
     assignments or training as a result of non-compliance.
                                 ______
                                 
  SA 6120. 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 end of subtitle E of title III, add the following:

     SEC. 372. REPORT ON SUSTAINMENT OF LONG-RANGE STRIKE AND 
                   STEALTH CAPABILITIES IN INDO-PACIFIC REGION.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of the Air Force, in consultation 
     with the Commander of the United States Indo-Pacific Command, 
     shall submit to the congressional defense committees a report 
     containing the results of a study on the feasibility and 
     advisability of constructing a low-observable restoration 
     facility and other requisite maintenance facilities in 
     Australia or other locations as determined by the Commander 
     for the purposes of sustaining long-range strike and stealth 
     capabilities and for bolstering logistical flexibility in the 
     Indo-Pacific Region.
                                 ______
                                 
  SA 6121. 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 end of subtitle E of title V, add the following:

     SEC. 564. REPORT ON DELAYS IN SKILLBRIDGE PROGRAM.

       (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 Committee on Armed Services and the Committee 
     on Veterans Affairs of the Senate and the Committee on Armed 
     Services and the Committee on Veterans Affairs of the House 
     of Representatives a report on delays in the Skillbridge 
     program.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of annual Skillbridge participation, 
     including--
       (A) a breakdown of rank and military occupation of 
     participating active duty service members; and
       (B) a breakdown of participation by State and industry.
       (2) The number of veterans employed by Skillbridge 
     employers one year after leaving active duty.
       (3) The average time for the Department of Defense to 
     complete applications received from prospective industry 
     partners and employers.
       (4) A plan to reduce the time it takes for the Department 
     to process applications to less than one month.
       (c) Skillbridge Defined.--In this section, the term 
     ``Skillbridge'' means the employment skills training program 
     carried out under section 1143(e) of title 10, United States 
     Code.
       
                                 ______
                                 
  SA 6122. 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 end of subtitle G of title V, add the following:

     SEC. 589. RECOGNITION OF MILITARY OLYMPIC COMPETITION.

       (a) Wear of Olympic Medals.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall direct each military department to review its 
     respective uniform and insignia policies and, where 
     applicable, add references to Olympic and Paralympic medals.
       (b) Report on the Establishment of Ribbon.--Not later than 
     one year after the date of the enactment of this Act, the 
     Secretary of Defense shall report on the feasibility and cost 
     of establishing a service ribbon to be awarded to any member 
     of the Armed Forces who has competed as an Olympic or 
     Paralympic athlete on Team USA to designate that competition. 
     The ribbon considered by such report shall--
       (1) be called the ``Olympic Competition Ribbon'';
       (2) incorporate the colors of the Olympic rings;
       (3) not have an accompanying medal;
       (4) have authorized appurtenances to be affixed to the 
     ribbon to signify any Olympic or Paralympic medal won while 
     competing for Team USA;
       (5) be assigned a position in the order of award precedence 
     as determined by each military department; and
       (6) be awarded retroactively to any eligible member of the 
     Armed Forces.
                                 ______
                                 
  SA 6123. 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 appropriate place, insert the following:

    Subtitle G--Sanctions in Response to Military Invasion of Taiwan

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Sanctions Targeting 
     Aggressors of Neighboring Democracies with Taiwan Act of 
     2022'' or the ``STAND with Taiwan Act of 2022''.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) Taiwan is a free and prosperous democracy of nearly 
     24,000,000 people, an important contributor to peace and 
     stability around the world, and continues to embody and 
     promote democratic values, freedom, and human rights in Asia.
       (2) The policy of the United States toward Taiwan is guided 
     by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the 
     United States-People's Republic of China joint communiques 
     concluded in 1972, 1978, and 1982, and the Six Assurances 
     that President Ronald Reagan communicated to Taiwan in 1982.
       (3) Under section 2 of the Taiwan Relations Act (22 U.S.C. 
     3301), it is the policy of the United States--
       (A) ``to preserve and promote extensive, close, and 
     friendly commercial, cultural, and other relations between 
     the people of the United States and the people on Taiwan, as 
     well as the people on the China mainland and all other 
     peoples of the Western Pacific area'';
       (B) ``to declare that peace and stability in the area are 
     in the political, security, and economic interests of the 
     United States, and are matters of international concern'';
       (C) ``to make clear that the United States decision to 
     establish diplomatic relations

[[Page S5667]]

     with the People's Republic of China rests upon the 
     expectation that the future of Taiwan will be determined by 
     peaceful means'';
       (D) ``to consider any effort to determine the future of 
     Taiwan by other than peaceful means, including by boycotts or 
     embargoes, a threat to the peace and security of the Western 
     Pacific area and of grave concern to the United States'';
       (E) ``to provide Taiwan with arms of a defensive 
     character''; and
       (F) ``to maintain the capacity of the United States to 
     resist any resort to force or other forms of coercion that 
     would jeopardize the security, or the social or economic 
     system, of the people on Taiwan''.
       (4) Since the election of President Tsai Ing-wen as 
     President of Taiwan in 2016, the Chinese Communist Party has 
     employed a variety of coercive military and nonmilitary 
     tactics short of armed conflict in its efforts to exert 
     existential pressure on Taiwan, including through diplomatic 
     isolation, restricting tourism, cyberattacks, spreading 
     disinformation, and controlling the ability of Taiwan to 
     purchase COVID-19 vaccines from other countries.
       (5) Since 2021, there has been a notable increase in 
     military provocations by the People's Liberation Army against 
     Taiwan, including increased flights of military aircraft 
     within Taiwan's air defense identification zone, incursions 
     over the midline separating the People's Republic of China 
     from Taiwan, holding military exercises in the vicinity of 
     Taiwan's controlled waters, and performing live-fire 
     exercises in the South China Sea.
       (6) In August 2022, the People's Republic of China held 
     unprecedented live-fire military exercises and a simulated 
     blockade involving hundreds of military aircraft, dozens of 
     warships, and launches of short-range ballistic missiles over 
     the territory of Taiwan.
       (7) The midline separating the People's Republic of China 
     from Taiwan has been effectively erased, increasing the 
     prospects for incidental contact between forces of the 
     People's Republic of China and Taiwan as well as shorting 
     reaction times related to provocations by the People's 
     Republic of China.
       (8) On August 10, 2022, the Taiwan Affairs Office of the 
     State Council of the People's Republic of China released a 
     white paper entitled ``The Taiwan Question and China's 
     Reunification in the New Era'' that reiterated the long-
     standing position of the Government of the People's Republic 
     of China not to renounce the use of force to bring about 
     unification with Taiwan and to ``always be ready to respond 
     with the use of force . . . to interference by external 
     forces or radical action by separatist elements''.
       (9) In March 2021, then Commander of the United States 
     Indo-Pacific Command Admiral Philip Davidson testified that 
     the threat of a military invasion of Taiwan by the People's 
     Liberation Army ``is manifest during this decade, in fact in 
     the next six years''.
       (10) In March 2021, then Commander of the United States 
     Pacific Fleet Admiral John Aquilino testified that the threat 
     of a military invasion by the People's Liberation Army of 
     Taiwan is ``much closer to us than most think'' and could 
     materialize well before 2035.
       (11) On February 24, 2022, the Armed Forces of the Russian 
     Federation initiated an unprovoked and unjustified invasion 
     of Ukraine, resulting in at least 14,000 civilian casualties, 
     including more than 5,000 deaths.
       (12) The Russian Federation invasion has destabilized 
     global markets and supply chains, from energy to food, 
     contributing to high inflation and recession in the United 
     States and deep cuts to global gross domestic product.
       (13) With the assistance of the United States and European 
     allies, Ukrainian forces have successfully repelled the 
     Russian Federation invasion and recaptured significant 
     portions of territory taken by the Russian Federation in the 
     initial stages of the invasion.
       (14) In addition to military power, economic and financial 
     instruments of United States power and their potential use 
     can have an important deterrent effect on the actions of 
     other countries.

     SEC. 1283. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is in the interests of the United States to maintain 
     a free and open Indo-Pacific region, with peace and stability 
     in the Taiwan Strait as a critical component;
       (2) efforts by the Government of the People's Republic of 
     China and the Chinese Communist Party to unilaterally 
     determine the future of Taiwan through non-peaceful means, 
     including threats and the direct use of force, military 
     coercion, economic boycotts or embargoes, and efforts to 
     internationally isolate or annex Taiwan--
       (A) directly undermine the spirit, intent, and purpose of 
     the Taiwan Relations Act (22 U.S.C. 3301 et seq.);
       (B) undermine peace and stability in the Taiwan Strait;
       (C) limit a free and open Indo-Pacific region; and
       (D) are of grave concern to the Government of the United 
     States;
       (3) the initiation of a military invasion of Taiwan by the 
     People's Liberation Army would--
       (A) constitute a threat to the peace and security of the 
     Western Pacific Area and threaten the peace stability of the 
     entire globe; and
       (B) undermine the core political, security, and economic 
     interests of the United States at home and abroad; and
       (4) as an important deterrent measure against a military 
     invasion of Taiwan, the Government of the People's Republic 
     of China and the Chinese Communist Party must understand that 
     initiating such an invasion will result in catastrophic 
     economic and financial consequences for the People's Republic 
     of China.

     SEC. 1284. STATEMENT OF POLICY.

       The policy of the Government of the United States on Taiwan 
     is guided by the Taiwan Relations Act (22 U.S.C. 3301 et 
     seq.), the United States-People's Republic of China joint 
     communiques concluded in 1972, 1978, and 1982, and the Six 
     Assurances that President Ronald Reagan communicated to 
     Taiwan in 1982, but in the event of the initiation of a 
     military invasion of Taiwan by the People's Liberation Army, 
     it is the policy of the United States--
       (1) to use and deploy all economic, commercial, and 
     financial instruments and levers of power, including--
       (A) the imposition of sanctions with respect to leadership 
     of the Chinese Communist Party, key officials of the 
     Government of the People's Republic of China, and financial 
     institutions and other entities affiliated with the Chinese 
     Communist Party or the Government of the People's Republic of 
     China;
       (B) prohibiting the listing or trading of the securities of 
     Chinese entities on United States securities exchanges;
       (C) prohibiting investments by United States financial 
     institutions in economic sectors of the People's Republic of 
     China; and
       (D) prohibiting the importation of certain goods mined, 
     produced, or manufactured in the People's Republic of China 
     into the United States; and
       (2) to work in close coordination with allies and partners 
     of the United States to encourage those allies and partners 
     to undertake similar economic, commercial, and financial 
     actions against the Government of the People's Republic of 
     China and the Chinese Communist Party.

     SEC. 1285. DEFINITIONS.

       In this subtitle:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) 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).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Financial Services of 
     the House of Representatives.
       (4) Covered determination.--The term ``covered 
     determination'' has the meaning given that term in section 
     1286(a).
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (6) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (7) Knowingly.--The term ``knowingly'' with respect to 
     conduct, a circumstance, or a result, means that a person had 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Military invasion.--The term ``military invasion'' 
     includes--
       (A) an amphibious landing or assault;
       (B) an airborne operation or air assault;
       (C) an aerial bombardment or blockade;
       (D) missile attacks, including rockets, ballistic missiles, 
     cruise missiles, and hypersonic missiles;
       (E) a naval bombardment or blockade; and
       (F) attack on any territory controlled or administered by 
     the Government of Taiwan, including offshore islands 
     controlled or administered by that Government.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1286. DETERMINATION OF THE INITIATION OF A MILITARY 
                   INVASION BY THE PEOPLE'S LIBERATION ARMY OR ITS 
                   PROXIES.

       (a) Covered Determination Defined.--In this subtitle, the 
     term ``covered determination'' means--
       (1) a determination by the President, not later than 24 
     hours after a military invasion of Taiwan by the People's 
     Liberation Army or any of its proxies, that such an invasion 
     has occurred; or
       (2) the enactment of a joint resolution pursuant to 
     subsection (b).
       (b) Determination by Joint Resolution.--
       (1) Covered joint resolution defined.--In this subsection, 
     the term ``covered joint resolution'' means only a joint 
     resolution of either House of Congress the sole matter after 
     the resolving clause of which is as follows:

[[Page S5668]]

     ``That Congress determines that the People's Liberation Army 
     or one of its proxies initiated a military invasion of Taiwan 
     on ___.'', with the blank space being filled with the 
     appropriate date.
       (2) Introduction.--A covered joint resolution may be 
     introduced--
       (A) in the House of Representatives, by the majority leader 
     (or the majority leader's designee) or the minority leader 
     (or the minority leader's designee); and
       (B) in the Senate, by the majority leader (or the majority 
     leader's designee) or the minority leader (or the minority 
     leader's designee).
       (3) Floor consideration in house of representatives.--
       (A) Discharge from committee.--If a committee of the House 
     of Representatives to which a covered joint resolution has 
     been referred has not reported the joint resolution within 2 
     calendar days after the date of referral of the joint 
     resolution, the committee shall be discharged from further 
     consideration of the joint resolution and the joint 
     resolution shall be placed on the appropriate calendar.
       (B) Moving to consideration.--At any time after a covered 
     joint resolution has been placed on the appropriate calendar, 
     it is in order for the sponsor of the joint resolution (or a 
     designee) to move for the consideration of that joint 
     resolution.
       (C) Points of order; motions.--All points of order against 
     the covered joint resolution and its consideration are 
     waived. If the motion under subparagraph (B) is agreed to, 
     the joint resolution shall remain the unfinished business of 
     the House until disposed of, except as provided in paragraph 
     (5).
       (D) No amendments.--A covered joint resolution shall not be 
     subject to amendment in the House of Representatives.
       (E) Debate.--General debate on a covered joint resolution 
     shall not exceed 4 hours, which shall be equally divided and 
     controlled by the sponsor of the joint resolution (or a 
     designee) and an opponent.
       (F) Final passage.--At the conclusion of debate, the 
     previous question shall be considered as ordered on the 
     resolution, and the House of Representatives shall vote on 
     final passage without intervening motion.
       (4) Consideration in the senate.--
       (A) Reporting and discharge.--If the committee of the 
     Senate to which a covered joint resolution was referred has 
     not reported the joint resolution within 2 calendar days 
     after the date of referral of the joint resolution, that 
     committee shall be discharged from further consideration of 
     the joint resolution and the joint resolution shall be placed 
     on the appropriate calendar.
       (B) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the committee of the Senate to which a covered 
     joint resolution was referred reports the joint resolution to 
     the Senate or has been discharged from consideration of the 
     joint resolution (even though a previous motion to the same 
     effect has been disagreed to) to move 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 
     not debatable. The motion is not subject to a motion to 
     postpone.
       (C) No amendments.--An amendment to a covered joint 
     resolution, or a motion to postpone, or a motion to proceed 
     to the consideration of other business, or a motion to 
     recommit a covered joint resolution, is not in order.
       (D) Consideration.--
       (i) Limitation on debate.--Consideration in the Senate of a 
     covered joint resolution shall be limited to not more than 10 
     hours, which shall be equally divided between, and controlled 
     by, the majority leader and the minority leader, or by their 
     designees.
       (ii) Vote on adoption.--Whenever all the time for debate on 
     a covered joint resolution has been used or yielded back, the 
     vote on the adoption of the resolution shall occur without 
     any intervening motion or amendment, except that a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the Rules of the Senate may occur immediately 
     before such vote.
       (E) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a covered joint resolution shall be decided 
     without debate.
       (F) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a covered joint 
     resolution, including all debatable motions and appeals in 
     connection with the joint resolution, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a covered joint resolution received from the Senate 
     (unless the House has already passed a joint resolution 
     relating to the same proposed action):
       (i) The joint resolution shall be referred to the 
     appropriate committees.
       (ii) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 2 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (iii) Beginning on the third legislative day after the 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. 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.
       (iv) The joint resolution shall be considered as read. All 
     points of order against the joint resolution and against its 
     consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 4 hours of debate 
     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.
       (B) Treatment of house joint resolution in senate.--
       (i) Receipt before passage.--If, before the passage by the 
     Senate of a covered joint resolution, the Senate receives an 
     identical joint resolution from the House of Representatives, 
     the following procedures shall apply:

       (I) That joint resolution shall not be referred to a 
     committee.
       (II) With respect to that joint resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     joint resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       (ii) Receipt after passage.--If, following passage of a 
     covered joint resolution in the Senate, the Senate receives 
     an identical joint resolution from the House of 
     Representatives, that joint resolution shall be placed on the 
     appropriate Senate calendar.
       (iii) No companion measure.--If a covered joint resolution 
     is received from the House, and no companion joint resolution 
     has been introduced in the Senate, the Senate procedures 
     under this subsection shall apply to the House joint 
     resolution.
       (C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a covered joint resolution that is a 
     revenue measure.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) 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
       (B) 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. 1287. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS 
                   OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF 
                   CHINA AND MEMBERS OF THE CHINESE COMMUNIST 
                   PARTY.

       (a) In General.--Not later than 3 days after making a 
     covered determination, the President shall impose the 
     sanctions described in subsection (d) with respect to 
     officials of the Government of the People's Republic of China 
     and members of the Chinese Communist Party specified in 
     subsection (b), to the extent such officials and members can 
     be identified.
       (b) Officials Specified.--The officials specified in this 
     subsection shall include--
       (1) senior civilian and military officials of the People's 
     Republic of China and military officials who have command or 
     clear and direct decision-making power over military 
     campaigns, military operations, and military planning against 
     Taiwan conducted by the People's Liberation Army;
       (2) senior civilian and military officials of the People's 
     Republic of China who have command or clear and direct 
     decision-making power in the Chinese Coast Guard and the 
     Chinese People's Armed Police and are engaged in planning or 
     implementing activities that involve the use of force against 
     Taiwan;
       (3) senior or special advisors to the President of the 
     People's Republic of China;
       (4) officials of the Government of the People's Republic of 
     China who are members of the top decision-making bodies of 
     that Government;
       (5) the highest-ranking Chinese Communist Party members of 
     the decision-making bodies referred to in paragraph (4); and
       (6) officials of the Government of the People's Republic of 
     China in the intelligence agencies or security services who--
       (A) have clear and direct decisionmaking power; and
       (B) have engaged in or implemented activities that--
       (i) materially undermine the military readiness of Taiwan;
       (ii) overthrow or decapitate the Taiwan's government;
       (iii) debilitate Taiwan's electric grid, critical 
     infrastructure, or cybersecurity systems

[[Page S5669]]

     through offensive electronic or cyber attacks;
       (iv) undermine Taiwan's democratic processes through 
     campaigns to spread disinformation; or
       (v) involve committing serious human rights abuses against 
     citizens of Taiwan, including forceful transfers, enforced 
     disappearances, unjust detainment, or torture.
       (c) Additional Officials.--
       (1) List required.--Not later than 30 days after making a 
     covered determination, and every 90 days thereafter, the 
     President shall submit a list to the appropriate 
     congressional committees that identifies any additional 
     foreign persons who--
       (A) the President determines are officials specified in 
     subsection (b); and
       (B) who were not included on any previous list of such 
     officials.
       (2) Imposition of sanctions.--Upon the submission of the 
     list required under paragraph (1), the President shall impose 
     the sanctions described in subsection (d) with respect to 
     each official included on the list.
       (d) Sanctions Described.--The sanctions described in this 
     subsection to be imposed with respect to an official 
     specified in subsection (b) or (c) are the following:
       (1) Blocking of property.--
       (A) In general.--The President shall exercise all of the 
     powers granted by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to block and prohibit all 
     transactions in all property and interests in property of the 
     official 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.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--The official 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 
     the official shall be revoked, regardless of when such visa 
     or other entry documentation is or was issued.
       (ii) Immediate effect.--A revocation under subparagraph (A) 
     shall--

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

       (e) Exception for Compliance With International Obligations 
     and Law Enforcement Activities.--Sanctions under this section 
     shall not apply with respect to an official if--
       (1) admitting or paroling the official 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 on June 26, 1947, and entered into 
     force November 21, 1947, between the United Nations and the 
     United States, or other applicable international obligations 
     of the United States; or
       (B) to carry out or assist law enforcement activity in the 
     United States; or
       (2) the alien holds a valid, unexpired A-1, A-2, C-2, G-1, 
     or G-2 visa.
       (f) Top Decision-making Bodies Defined.--In this section, 
     the term ``top decision-making bodies'' may include--
       (1) the Politburo Standing Committee of the Chinese 
     Communist Party;
       (2) the Party Central Military Commission of the Chinese 
     Communist Party;
       (3) the Politburo of the Chinese Communist Party;
       (4) the Central Committee of the Chinese Communist Party;
       (5) the National Congress of the Chinese Communist Party;
       (6) the State Council of the People's Republic of China; 
     and
       (7) the State Central Military Commission of the Chinese 
     Communist Party.

     SEC. 1288. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
                   INSTITUTIONS AFFILIATED WITH THE GOVERNMENT OF 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than 3 days after a covered 
     determination is made, the Secretary of the Treasury--
       (1) shall impose the sanctions described in subsection (c) 
     with respect to each joint-equity bank, national joint-stock 
     commercial bank, and national state-owned policy bank; and
       (2) may impose those sanctions with respect to any 
     subsidiary of, or successor entity to, a joint-equity bank, 
     national joint-stock commercial bank, or national state-owned 
     policy bank.
       (b) Additional People's Republic of China Financial 
     Institutions.--
       (1) List required.--Not later than 30 days after a covered 
     determination is made, and every 90 days thereafter, the 
     President shall submit a list to the appropriate 
     congressional committees that identifies any foreign persons 
     that the President determines--
       (A) are significant financial institutions owned or 
     operated by the Government of the People's Republic of China; 
     and
       (B) should be sanctioned in the interest of United States 
     national security.
       (2) Imposition of sanctions.--Upon the submission of each 
     list required under paragraph (1), the President shall impose 
     the sanctions described in subsection (c) with respect to 
     each foreign person identified on such list.
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Blocking of property.--
       (A) In general.--The President shall exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of a foreign person 
     subject to subsection (a) or (b) 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.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.
       (2) Restrictions on correspondent and payable-through 
     accounts.--The President shall prohibit the opening, and 
     prohibit or impose strict conditions on the maintaining, in 
     the United States of a correspondent account or payable-
     through account by a foreign person subject to subsection (a) 
     or (b).
       (d) Definitions.--In this section:
       (1) Joint-equity bank.--The term ``joint-equity bank'' 
     means a bank under the jurisdiction of the People's Republic 
     of China in which--
       (A) the bank's equity is owned jointly by the shareholders; 
     and
       (B) the Government of the People's Republic of China holds 
     an interest.
       (2) National joint-stock commercial bank.--The term 
     ``national joint-stock commercial bank'' means a bank under 
     the jurisdiction of the People's Republic of China in which--
       (A) the bank's stock is owned jointly by the shareholders; 
     and
       (B) the Government of the People's Republic of China holds 
     an interest.
       (3) National state-owned policy bank.--The term ``national 
     state-owned policy bank'' means a bank that--
       (A) is incorporated in the People's Republic of China; and
       (B) was established by the Government of the People's 
     Republic of China to advance investments in specific policy 
     domains that advance the interests and goals of the People's 
     Republic of China.

     SEC. 1289. IMPOSITION OF SANCTIONS WITH RESPECT TO ENTITIES 
                   OWNED BY OR AFFILIATED WITH THE GOVERNMENT OF 
                   THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE 
                   COMMUNIST PARTY.

       (a) In General.--Not later than 3 days after a covered 
     determination is made, the Secretary of the Treasury shall 
     impose the sanctions described in subsection (b) with respect 
     to any entity that--
       (1) the Government of the People's Republic of China or the 
     Chinese Communist Party has an ownership interest in; or
       (2) is otherwise affiliated with the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (b) Blocking of Property.--
       (1) In general.--The President shall exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of an entity in an 
     industry subject to subsection (a) 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) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.

     SEC. 1290. PROHIBITION ON TRANSFERS OF FUNDS INVOLVING THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Except as provided by subsection (b), not 
     later than 3 days after a covered determination is made, a 
     depository institution (as defined in section 19(b)(1)(A) of 
     the Federal Reserve Act (12 U.S.C. 461(b)(1)(A))) or a broker 
     or dealer in securities registered with the Securities and 
     Exchange Commission under the Securities Exchange Act of 1934 
     (15 U.S.C. 78a et seq.) may not process transfers of funds--
       (1) to or from the People's Republic of China; or
       (2) for the direct or indirect benefit of officials of the 
     Government of the People's Republic of China or members of 
     the Chinese Communist Party.
       (b) Exception.--A depository institution, broker, or dealer 
     described in subsection (a) may process a transfer described 
     in that subsection if the transfer--
       (1) arises from, and is ordinarily incident and necessary 
     to give effect to, an underlying transaction that is 
     authorized by a specific or general license; and
       (2) does not involve debiting or crediting an Chinese 
     account.

[[Page S5670]]

  


     SEC. 1291. PROHIBITION ON LISTING OR TRADING OF CHINESE 
                   ENTITIES ON UNITED STATES SECURITIES EXCHANGES.

       (a) In General.--The Securities and Exchange Commission 
     shall prohibit the securities of an issuer described in 
     subsection (b) from being traded on a national securities 
     exchange on and after the date that is 3 days after a covered 
     determination is made.
       (b) Issuers.--An issuer described in this subsection is an 
     issuer that is--
       (1) an official of or individual affiliated with the 
     Government of the People's Republic of China or the Chinese 
     Communist Party; or
       (2) an entity that--
       (A) the Government of the People's Republic of China or the 
     Chinese Communist Party has an ownership interest in; or
       (B) is otherwise affiliated with the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (c) Definitions.--In this section:
       (1) Issuer; security.--The terms ``issuer'' and 
     ``security'' have the meanings given those terms in section 
     3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
       (2) National securities exchange.--The term ``national 
     securities exchange'' means an exchange registered as a 
     national securities exchange in accordance with section 6 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78f).

     SEC. 1292. PROHIBITION ON INVESTMENTS BY UNITED STATES 
                   FINANCIAL INSTITUTIONS THAT BENEFIT THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR 
                   THE CHINESE COMMUNIST PARTY.

       (a) In General.--Not later than 3 days after a covered 
     determination is made, the Secretary of the Treasury shall 
     prohibit any United States financial institution from making 
     any investments described in subsection (b).
       (b) Investments Described.--An investment described in this 
     subsection is a monetary investment--
       (1) to--
       (A) an entity owned or controlled by the Government of the 
     People's Republic of China or the Chinese Communist Party; or
       (B) the People's Liberation Army; or
       (2) for the benefit of any priority industrial sector 
     identified in the ``Made in China 2025'' plan or the ``14th 
     Five Year Smart Manufacturing Development Plan'', including--
       (A) agriculture machinery;
       (B) information technology;
       (C) artificial intelligence, machine learning, and 
     robotics;
       (D) green energy and green vehicles;
       (E) aerospace equipment;
       (F) ocean engineering and high tech ships;
       (G) railway equipment;
       (H) power equipment;
       (I) new materials;
       (J) medicine and medical devices;
       (K) fifth generation and future generation 
     telecommunications and other advanced wireless networking 
     technologies;
       (L) semiconductor manufacturing;
       (M) biotechnology;
       (N) quantum computing;
       (O) surveillance technologies, including facial recognition 
     technologies and censorship software;
       (P) fiber optic cables; and
       (Q) mining and resource development.
       (c) United States Financial Institution Defined.--In this 
     section, the term ``United States financial institution''--
       (1) means any financial institution that is a United States 
     person; and
       (2) includes an investment company, private equity company, 
     venture capital company, or hedge fund that is a United 
     States person.

     SEC. 1293. PROHIBITION ON IMPORTATION OF CERTAIN GOODS MADE 
                   IN THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Except as provided in subsection (b), on 
     and after the date that is 3 days after a covered 
     determination is made, all goods mined, produced, or 
     manufactured wholly or in part in the People's Republic of 
     China, or by a person working for or affiliated with an 
     entity or industry wholly financed by the Government of the 
     People's Republic of China or the Chinese Communist Party or 
     in which the Government of the People's Republic of China or 
     the Chinese Communist Party has a majority ownership 
     interest, shall not be entitled to entry at any of the ports 
     of the United States and the importation of such goods is 
     prohibited.
       (b) Exception.--The prohibition under subsection (a) shall 
     not apply with respect to a good if the President--
       (1) determines that the good is necessary to the national 
     security, economic security, or public health of the United 
     States; and
       (2) submits to the appropriate congressional committees and 
     make available to the public a report on that determination.

     SEC. 1294. EXCEPTIONS; WAIVER.

       (a) Exception for Intelligence Activities.--This subtitle 
     shall not apply with respect to activities 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.
       (b) National Security Waiver.--The President may waive the 
     imposition of sanctions under this subtitle with respect to a 
     person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     notification of the waiver and the reasons for the waiver.

     SEC. 1295. 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.
                                 ______
                                 
  SA 6124. 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 G of title X, add the following:

     SEC. 1077. THINK TANK CYBERSECURITY STANDARDS.

       (a) Regulations.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     develop and promulgate regulations--
       (A) requiring covered think tanks and research 
     organizations to develop cybersecurity standards plans and 
     submit them to the Under Secretary of State for Management; 
     and
       (B) requiring the Bureau of Diplomatic Security, in 
     coordination with other competent authorities as necessary, 
     to certify whether the plans required pursuant to 
     subparagraph (A) meet minimum cybersecurity standards for the 
     protection of sensitive data and information.
       (2) Covered think tanks and research organizations.--For 
     purposes of this section, the term ``covered think tanks and 
     research organizations'' means United States think tanks and 
     research organizations that--
       (A) receive or plan to apply for funding from the 
     Department of State;
       (B) participate or intend to participate in more than three 
     Department-hosted events in a calendar year; or
       (C) meet, correspond, or otherwise engage with Department 
     of State personnel more than three times in a calendar year.
       (3) Scope of plan.--The cybersecurity plan required under 
     paragraph (1) shall include--
       (A) a description of the cybersecurity standards, training 
     requirements, and other procedures;
       (B) a description of how the organization intends to 
     safeguard sensitive data and report and remediate any 
     breaches or theft to the Department of State and relevant law 
     enforcement; and
       (C) a description of any other factors the Department deems 
     necessary to bolstering the cybersecurity of think tanks and 
     research organizations.
       (b) Report.--Not later than 60 days after the effective 
     date of the regulations promulgated under subsection (a), the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees describing--
       (1) the progress of the Department of State in 
     implementation of the cybersecurity plan requirement mandated 
     pursuant to subsection (a);
       (2) the officials and offices within the Department 
     responsible for implementing the regulations required under 
     subsection (a);
       (3) any challenges or obstacles to implementation; and
       (4) any recommendations to improve upon the regulations 
     described required under subsection (a) or overcome 
     challenges to implementation.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, 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.
                                 ______
                                 
  SA 6125. 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 G of title X, add the following:

     SEC. 1077. REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN 
                   FUNDING.

       (a) Regulations.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act,

[[Page S5671]]

     the Secretary of State shall develop and promulgate 
     regulations requiring covered think tanks and research 
     organizations to submit an annual disclosure to the Under 
     Secretary of State for Management detailing the sources of 
     funding specified in paragraph (3).
       (2) Covered think tanks and research organizations.--For 
     purposes of this section, the term ``covered think tanks and 
     research organizations'' means United States think tanks and 
     research organizations that--
       (A) receive or plan to apply for funding from the 
     Department of State;
       (B) participate or intend to participate in more than three 
     Department-hosted events in a calendar year; or
       (C) meet, correspond, or otherwise engage with Department 
     of State personnel more than three times in a calendar year.
       (3) Covered sources of funding.--
       (A) In general.--The sources of funding referred to in 
     paragraph (1) are--
       (i) governments, political parties, state-owned research or 
     academic institutions, state-owned enterprises, and cultural 
     organizations from the countries specified in subparagraph 
     (B);
       (ii) Persons from the countries specified in such 
     subparagraph; and
       (iii) United States and foreign persons, government, 
     institutions, and companies advocating on behalf of the 
     interests of the countries specified in such subparagraph 
     with regard to energy, infrastructure, telecommunications, 
     information technology, defense, or foreign policy.
       (B) Specified countries.--The countries referred to in 
     subparagraph (A) are--
       (i) the Russian Federation;
       (ii) the People's Republic of China; and
       (iii) any other country the Secretary of State determines 
     should be subject to the disclosure requirements of this 
     section.
       (b) Report.--Not later than 60 days after the effective 
     date of the regulations promulgated under subsection (a), the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees describing--
       (1) the progress of the Department of State in 
     implementation of the disclosure requirement mandated 
     pursuant to subsection (a);
       (2) the officials and offices within the Department 
     responsible for implementing the regulations required under 
     subsection (a);
       (3) any challenges or obstacles to implementation; and
       (4) any recommendations to improve upon the regulations 
     described required under subsection (a) or overcome 
     challenges to implementation.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, 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.
                                 ______
                                 
  SA 6126. 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:

        Strike section 1231 and insert the following:

     SEC. 1231. MODIFICATION OF LIMITATION ON MILITARY COOPERATION 
                   BETWEEN THE UNITED STATES AND THE RUSSIAN 
                   FEDERATION.

       Section 1232 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is 
     amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1)--
       (A) by striking ``for fiscal year 2017, 2018, 2019, 2020, 
     2021, or 2022'' and inserting ``for any fiscal year''; and
       (B) by striking ``in the fiscal year concerned''; and
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``with respect to funds for a fiscal year''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) not later than 15 days before the date on which the 
     waiver takes effect, and every 90 days thereafter, submits to 
     the appropriate congressional committees--
       ``(A) a notification that the waiver is in the national 
     security interest of the United States and a description of 
     the national security interest covered by the waiver during 
     the applicable reporting period;
       ``(B) a description of any condition or prerequisite placed 
     by the Russian Federation on military cooperation between the 
     United States and the Russian Federation;
       ``(C) a description of the results achieved by United 
     States-Russian Federation military cooperation during the 
     applicable reporting period and an assessment of whether such 
     results meet the national security objectives described under 
     subparagraph (A);
       ``(D) a description of the measures in place to mitigate 
     counterintelligence or operational security concerns and an 
     assessment of whether such measures have succeeded, submitted 
     in classified form as necessary; and
       ``(E) a report explaining why the Secretary of Defense 
     cannot make the certification under subsection (a).''.
                                 ______
                                 
  SA 6127. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. _____. EQUAL ENFORCEMENT OF EXPENDING ONLY AUTHORIZED 
                   APPROPRIATIONS UNDER CONTINUING RESOLUTIONS.

       (a) Findings.--Congress finds the following:
       (1) The national security of the United States suffers 
     greatly from continuing appropriation Acts due to the 
     inability of the Department of Defense to execute new starts 
     or production increases under the standardized language of 
     continuing resolutions.
       (2) No other executive branch agency receives similar 
     treatment under the standardized language of continuing 
     resolutions.
       (3) The theory that the prohibitions under a continuing 
     resolution on new starts and production increases at the 
     Department of Defense increase pressure for negotiations has 
     not been supported by the significant and growing length of 
     the period during which funding is provided under a 
     continuing resolution for a fiscal year over the past 15 
     years.
       (4) Experimentation with alternative methods of increasing 
     pressure for negotiations could result in more efficient and 
     effective outcomes for national security and the taxpayers of 
     the United States.
       (b) Equal Enforcement.--No amounts made available under an 
     appropriation Act providing continuing funding for a fiscal 
     year shall be made available to any department, agency, 
     corporation, or other organization unit of the Federal 
     Government for production of items, procurement of materials, 
     construction of facilities, research and development, 
     execution of contracts, or any other use of funds not 
     specifically provided for in the annual appropriation Act for 
     the preceding fiscal year.
                                 ______
                                 
  SA 6128. Ms. CORTEZ MASTO (for herself and Mrs. Fischer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. __. PROMOTING PRIVACY ENHANCING TECHNOLOGIES.

       (a) Definition of Privacy Enhancing Technology.--In this 
     section the term ``privacy enhancing technology'' means any 
     software solution, technical processes, or other 
     technological means of protecting an individual's privacy and 
     the confidentiality of data, which may include--
       (1) anonymization and pseudonymization techniques, 
     filtering tools, anti-tracking technology, differential 
     privacy tools, synthetic data generation tools, cryptographic 
     techniques (such as secure multi-party computation and 
     homomorphic encryption), and systems for federated learning; 
     and
       (2) any other software solution, technical processes, or 
     other technological means that the Director of the National 
     Science Foundation, in consultation with the Director of the 
     National Institute of Standards and Technology outside 
     experts, determines to be a technology that enhances privacy.
       (b) National Science Foundation Support of Research on 
     Privacy Enhancing Technology.--The Director of the National 
     Science Foundation, in consultation with other relevant 
     Federal agencies (as determined by the Director), shall 
     support merit-reviewed and competitively awarded research on 
     privacy enhancing technologies, which may include--
       (1) fundamental research on technologies for de-
     identification, pseudonymization, anonymization, or 
     obfuscation to protect individuals' privacy in data sets;
       (2) fundamental research on algorithms, machine learning, 
     and other similar mathematical tools used to protect 
     individual privacy when collecting, storing, sharing, 
     aggregating, or analyzing data;
       (3) fundamental research on technologies that promote data 
     minimization principles in data collection, sharing, 
     transfers, retention, and analytics;
       (4) research awards on privacy enhancing technologies 
     coordinated with other relevant Federal agencies and 
     programs;

[[Page S5672]]

       (5) research on barriers to, and opportunities for, the 
     adoption of privacy enhancing technologies, including studies 
     on effective business models for privacy enhancing 
     technologies; and
       (6) international cooperative research, awards, challenges, 
     and pilot projects on privacy enhancing technologies with key 
     United States allies and partners.
       (c) Integration Into the Computer and Network Security 
     Program.--Subparagraph (D) of section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 
     7403(a)(1)(D)) is amended to read as follows:
       ``(D) privacy enhancing technologies and 
     confidentiality;''.
       (d) Coordination With the National Institute of Standards 
     and Technology and Other Stakeholders.--
       (1) In general.--The Director of the Office of Science and 
     Technology Policy, acting through the Networking and 
     Information Technology Research and Development Program, 
     shall coordinate with the Director of the National Science 
     Foundation, the Director of the National Institute of 
     Standards and Technology, and the Federal Trade Commission to 
     accelerate the development and use of privacy enhancing 
     technologies.
       (2) Outreach.--The Director of the National Institute of 
     Standards and Technology shall conduct outreach to--
       (A) receive input from private, public, and academic 
     stakeholders on the development and potential uses of privacy 
     enhancing technologies, including the National Institutes of 
     Health and the Centers for Disease Control and Prevention 
     regarding specific applications in public health research; 
     and
       (B) develop ongoing public and private sector engagement to 
     create and disseminate voluntary, consensus-based resources 
     to increase the integration of privacy enhancing technologies 
     in data collection, sharing, transfers, retention, and 
     analytics by the public and private sectors.
       (e) Report on Privacy Enhancing Technology Research.--Not 
     later than 3 years after the date of enactment of this Act, 
     the Director of the Office of Science and Technology Policy, 
     acting through the Networking and Information Technology 
     Research and Development Program, shall, in coordination with 
     the Director of the National Science Foundation, the Director 
     of the National Institute of Standards and Technology, and 
     the Chair of the Federal Trade Commission, submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Science, Space, and Technology of 
     the House of Representatives, and the Committee on Energy and 
     Commerce of the House of Representatives, a report 
     containing--
       (1) the progress of research on privacy enhancing 
     technologies;
       (2) the progress of the development of voluntary resources 
     described under subsection (d)(2)(B); and
       (3) any policy recommendations that could facilitate and 
     improve communication and coordination between the private 
     sector, the National Science Foundation, and relevant Federal 
     agencies through the implementation of privacy enhancing 
     technologies.
                                 ______
                                 
  SA 6129. 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 title X, add the following:

           Subtitle H--Next Generation Telecommunications Act

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Next Generation 
     Telecommunications Act''.

     SEC. 1082. DEFINITIONS.

       In this subtitle:
       (1) Advanced wireless communications technologies.--The 
     term ``advanced wireless communications technologies'' means 
     advanced technologies that contribute to or rely on 6G or 
     future generation networks, such as artificial intelligence 
     and machine learning, satellite and fixed wireless broadband, 
     open network architecture, precision agriculture, advanced 
     telemedicine and medical diagnostics, and remote learning 
     technologies.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (3) Congressional leaders.--The term ``congressional 
     leaders'' 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.
       (4) Council.--The term ``Council'' means the Next 
     Generation Telecommunications Council established under 
     section 1083(a).
       (5) Indian tribe.--The term ``Indian Tribe'' means any 
     Indian or Alaska Native Tribe, band, nation, pueblo, village, 
     or community that the Secretary of the Interior acknowledges 
     to exist as an Indian Tribe.
       (6) Tribal government.--The term ``Tribal government'' 
     means the governing body of an Indian Tribe.

     SEC. 1083. 6G AND ADVANCED WIRELESS TECHNOLOGIES COUNCIL.

       (a) Establishment and Statement of Policy.--
       (1) In general.--There is established a council, to be 
     known as the ``Next Generation Telecommunications Council'', 
     to advise Congress on ways the Federal Government can support 
     private sector 6G advancements and advanced wireless 
     communications technologies in the United States.
       (2) Statement of policy.--Nothing in this subtitle shall be 
     construed as enabling the Council to--
       (A) direct technical specifications or standards;
       (B) interject United States-specific policies into global 
     6G technical specifications; or
       (C) replace or compete with any industry-led efforts on the 
     technical specifications of 6G.
       (b) Membership.--
       (1) Composition.--
       (A) In general.--Subject to subparagraph (B), the Council 
     shall be composed of the following members:
       (i) The Assistant Secretary of Commerce for Communications 
     and Information.
       (ii) The Chair of the Federal Communications Commission.
       (iii) A Commissioner of the Federal Communications 
     Commission from a political party other than the political 
     party of the Chair of the Federal Communications Commission.
       (iv) Three members appointed by the majority leader of the 
     Senate, in consultation with the Chair of the Committee on 
     Commerce, Science, and Transportation of the Senate, 1 of 
     whom shall be a member of the Senate and 2 of whom shall not 
     be.
       (v) Three members appointed by the minority leader of the 
     Senate, in consultation with the Ranking Member of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, 1 of whom shall be a member of the Senate and 2 of 
     whom shall not be.
       (vi) Three members appointed by the Speaker of the House of 
     Representatives, in consultation with the Chair of the 
     Committee on Energy and Commerce of the House of 
     Representatives, 1 of whom shall be a member of the House of 
     Representatives and 2 of whom shall not be.
       (vii) Three members appointed by the minority leader of the 
     House of Representatives, in consultation with the Ranking 
     Member of the Committee on Energy and Commerce of the House 
     of Representatives, 1 of whom shall be a member of the House 
     of Representatives and 2 of whom shall not be.
       (B) Requirements for certain members.--
       (i) In general.--The members of the Council who are not 
     members of Congress and who are appointed under clauses (iv) 
     through (vii) of subparagraph (A) shall be individuals who 
     are nationally recognized for technical expertise, knowledge, 
     or experience in--

       (I) telecommunications, spectrum policy, and technical 
     standards organizations;
       (II) cloud services and artificial intelligence and machine 
     learning; or
       (III) cybersecurity, protection of information systems, and 
     security innovations.

       (ii) Limitation on appointments.--

       (I) In general.--An official who appoints members of the 
     Council may not appoint an individual as a member of the 
     Council if such individual possesses any personal or 
     financial interest that would interfere with the objective 
     discharge of any duties of the Council.
       (II) Wireless expertise or relevant experience.--One of the 
     members of the Council appointed under each of clauses (iv) 
     through (vii) of subparagraph (A) shall have wireless 
     expertise or relevant experience related to the goal of the 
     Council under subsection (a)(1)and may have financial or 
     personal interests related to that expertise or experience, 
     so long as such interests do not interfere with the objective 
     discharge of any duties of the Council.

       (2) Co-chairs.--
       (A) In general.--The Council shall have 2 co-chairs 
     selected from among the members of the Council, of which--
       (i) one co-chair of the Council shall be a member of the 
     Democratic Party; and
       (ii) one co-chair shall be a member of the Republican 
     Party.
       (B) Requirement.--The individuals who serve as the co-
     chairs of the Council shall be jointly agreed upon by the 
     President and the congressional leaders.
       (c) Appointment; Initial Meeting.--
       (1) Appointment.--Members of the Council shall be appointed 
     not later than 90 days after the date of enactment of this 
     Act.
       (2) Initial meeting.--The Council shall hold its initial 
     meeting on or before the date that is 60 days after the date 
     on which all members have been appointed to the Council under 
     paragraph (1).
       (d) Meetings; Quorum; Vacancies.--
       (1) In general.--After its initial meeting, the Council 
     shall meet upon the call of the co-chairs of the Council.
       (2) Quorum.--Nine members of the Council shall constitute a 
     quorum for purposes of conducting business, except that 2 
     members of the Council shall constitute a quorum for purposes 
     of receiving testimony.

[[Page S5673]]

       (3) Vacancies.--Any vacancy in the Council shall not affect 
     its powers, but shall be filled in the same manner in which 
     the original appointment was made.
       (4) Quorum with vacancies.--If vacancies in the Council 
     occur on any day after 45 days after the date on which all 
     members of the Council have been appointed under paragraph 
     (1), a majority of sitting members of the Council shall 
     constitute a quorum.
       (e) Actions of Council.--
       (1) In general.--The Council shall act by resolution agreed 
     to by a majority of the members of the Council voting and 
     present.
       (2) Panels.--The Council may establish panels composed of 
     less than the full membership of the Council for purposes of 
     carrying out the duties of the Council under this section. 
     The actions of any such panel shall be subject to the review 
     and control of the Council. Any findings and determinations 
     made by such a panel shall not be considered the findings and 
     determinations of the Council unless approved by the majority 
     of the Council.
       (3) Delegation.--Any member or staff of the Council may, if 
     authorized by the majority of the Council, take any action 
     which the Council is authorized to take pursuant to this 
     section.
       (f) Duties.--
       (1) In general.--The duties of the Council are to review 
     and advise Congress on--
       (A) advancements in 6G and other advanced wireless 
     communications technologies;
       (B) Federal Government and State, local, and Tribal 
     government support for all generations of wireless 
     communications technologies, including 6G;
       (C) Federal Government support for the private sector to 
     encourage 6G advancements and other advanced wireless 
     communications technologies;
       (D) the role of the Federal Government in supporting 
     private sector leadership in the standardization and 
     development of 6G and other advanced wireless communications 
     technologies;
       (E) the need for the Federal Government to accelerate 
     access to Federal lands for deployment of 6G and other 
     advanced wireless communications technologies; and
       (F) the role of the Federal Government and State, local, 
     and Tribal governments in supporting the private sector 
     development and deployment of 6G and other advanced wireless 
     communications technologies.
       (2) Solicitation of stakeholder comment.--In carrying out 
     the review required under paragraph (1), the Council shall, 
     under a reasonable timeframe--
       (A) facilitate and solicit the ability of commercial and 
     public interest stakeholders to provide input and information 
     to the Council on the agenda, reports, and related work of 
     the Council; and
       (B) disclose actionable information about the plans of the 
     Council in time for appropriate participation by stakeholders 
     described in subparagraph (A).
       (g) Strategy.--
       (1) In general.--The Council shall develop and submit to 
     Congress a report containing recommendations for how the 
     Federal Government, and where applicable, State, local, and 
     Tribal governments, can support--
       (A) private sector development of 6G and advanced wireless 
     communications technologies;
       (B) the adoption of 6G and advanced wireless communications 
     technologies by communities of color, underserved 
     communities, individuals with disabilities, low-income 
     communities, and rural and Tribal communities;
       (C) the coordination of spectrum management functions 
     within the Federal Government to ensure timely decisions and 
     needed actions for the development of 6G and advanced 
     wireless communications technologies;
       (D) private sector-led research and development into, and 
     standards for, 6G and advanced wireless communications 
     technologies, including collaboration with federally funded 
     research and development centers, universities, the private 
     sector, and trusted United States allies;
       (E) private sector development of 6G and other end uses, 
     including through test beds and pilot programs; and
       (F) the promotion of international cooperation and 
     standardization with respect to 6G and advanced wireless 
     communications technologies to promote economies of scale in 
     the deployment of such technologies.
       (2) Considerations.--In developing the strategy under this 
     subsection, the Council shall consider the following:
       (A) Access to adequate spectrum resources to support 6G and 
     advanced wireless communications technologies.
       (B) The Federal Government's function as regulator of 
     Federal and non-Federal electromagnetic spectrum and the need 
     for a stable, predictable, and well-functioning Federal 
     spectrum management and decisionmaking process led by the 
     National Telecommunications and Information Administration, 
     including an assessment of the Federal Government's--
       (i) technical engineering capabilities;
       (ii) transparent processes for the resolution of non-
     routine policy disputes;
       (iii) interagency cooperation; and
       (iv) communication with Federal and non-Federal license 
     holders, including taking into consideration relevant expert 
     reports from Federal advisory councils and other academic 
     organizations.
       (C) Supply chain resiliency and security, including vendor 
     diversity, for 6G and advanced wireless communications 
     technologies.
       (D) Network security for 6G and advanced wireless 
     communications technologies.
       (E) The role of cloud computing in the development of 6G 
     and advanced wireless communications technologies.
       (F) The workforce needs that must be met in order to build, 
     maintain, and utilize 6G and advanced wireless communications 
     technologies and networks, along with strategies to conduct 
     the necessary workforce training, which consideration may 
     include consulting the report submitted to Congress by the 
     telecommunications interagency working group established 
     under section 344 of the Communications Act of 1934 (47 
     U.S.C. 344).
       (G) The need for greater collaboration between the Federal 
     Government and the communications industry to make certain 
     that 6G and advanced wireless communications networks remain 
     secure and resilient.
       (H) Facilitation of infrastructure siting, easements, and 
     licenses for the deployment of 6G, including those involving 
     Federal, State, local, and Tribal infrastructure.
       (I) Other factors relevant to the successful private sector 
     development and deployment of 6G and advanced wireless 
     communications technologies, such as artificial intelligence 
     and machine learning, satellite and fixed wireless broadband, 
     and open radio access network technologies.
       (3) Legislative recommendations.--The Council shall not 
     include in the report submitted under paragraph (1) any 
     legislative recommendation to Congress related to the work of 
     the Council unless the recommendation has the support of a 
     majority of the members of the Council, established by a 
     formal vote on the recommendation the results of which are 
     disclosed in the report.
       (4) Notice and comment.--The Council shall--
       (A) publicly release for notice and comment--
       (i) each draft the Council prepares of the report required 
     under paragraph (1); and
       (ii) the final report required under paragraph (1) prior to 
     submission to Congress; and
       (B) respond in detail, in the report required under 
     paragraph (1), to any comments received under subparagraph 
     (A) of this paragraph.
       (h) Limitations.--
       (1) In general.--In performing the responsibilities of the 
     Council under this subtitle, the Council shall not engage in 
     activities, issue any advice, or submit recommendations on 
     matters related to the development of technical and 
     operational aspects of 6G if those matters have been defined 
     or developed by the private sector for past generations of 
     wireless communications networks, whether acting through 
     standards-setting bodies or individually by entities that 
     deploy and operate wireless communications networks, 
     including--
       (A) defining the features and capabilities of 6G or 
     advanced wireless communications technologies;
       (B) setting technological parameters, definitions, or 
     standards for 6G or advanced wireless communications 
     technologies; and
       (C) establishing, rejecting, or otherwise limiting business 
     or service models for 6G.
       (2) Standards-setting bodies.--The standards-setting bodies 
     referred to in paragraph (1) include--
       (A) the International Organization for Standardization;
       (B) the voluntary standards-setting bodies that develop 
     protocols for wireless devices and other equipment, such as 
     the 3rd Generation Partnership Project and the Institute of 
     Electrical and Electronics Engineers;
       (C) any standards-setting body accredited by the American 
     National Standards Institute or the Alliance for 
     Telecommunications Industry Solutions; and
       (D) specification-development organizations working on 
     technical specifications that may eventually become 
     incorporated in wireless standards.
       (i) Powers of Council.--
       (1) In general.--The Council or, on the authorization of 
     the Council, any panel thereof, may, for the purpose of 
     carrying out the provisions of this section, hold such 
     hearings and sit and act at such times and places, take such 
     testimony, request such information, and call upon such 
     experts as the Council may determine necessary or beneficial 
     to the development of the strategy required under subsection 
     (g).
       (2) Contracting.--The Council, subject to a majority vote 
     approval, may, to such extent and in such amounts as are 
     provided in advance in appropriation Acts, enter into 
     contracts to enable the Council to discharge its duties under 
     this section.
       (3) Information from federal agencies.--
       (A) In general.--The Council may secure directly from any 
     relevant executive department, agency, bureau, board, 
     council, office, independent establishment, or 
     instrumentality of the Federal Government information, 
     suggestions, estimates, and statistics for the purposes of 
     this section.
       (B) Requirement to share information.--Each such 
     department, agency, bureau, board, council, office, 
     establishment, or instrumentality shall, to the extent 
     authorized by law, furnish such information, suggestions, 
     estimates, and statistics directly to the Council, upon 
     request of the co-chairs of the Council.
       (C) Treatment of classified information.--The Council 
     shall--

[[Page S5674]]

       (i) to the extent possible, avoid obtaining and using 
     classified information in the course of its work; and
       (ii) handle and protect all classified information provided 
     to the Council under this section in accordance with 
     applicable statutes and regulations.
       (D) Treatment of business-sensitive information.--The 
     Council shall--
       (i) to the extent possible, avoid obtaining and using 
     business-sensitive information, including trade secrets, and 
     other competitively sensitive information; and
       (ii) handle and protect all business-sensitive information 
     provided to the Council under this section in accordance with 
     applicable statutes, contracts, and regulations.
       (E) Penalties for disclosure.--Any unauthorized disclosure 
     of classified information or business-sensitive information 
     by staff of the Council shall serve as grounds for dismissal 
     from the Council.
       (4) Cooperation among agencies.--The Council shall receive 
     the full and timely cooperation of any official, department, 
     or agency of the Federal Government, including from the 
     Department of State, the Department of Defense, and the 
     Office of the United States Trade Representative, whose 
     assistance is necessary, as jointly determined by the co-
     chairs of the Council, for the fulfillment of the duties of 
     the Council, including the provision of full and current 
     briefings and analyses.
       (5) Postal services.--The Council may use the United States 
     Postal Service in the same manner and under the same 
     conditions as the departments and agencies of the Federal 
     Government.
       (6) Gifts.--No member or staff of the Council may receive a 
     gift or benefit by reason of the service of such member or 
     staff to the Council.
       (j) Staff of Council.--
       (1) In general.--
       (A) Appointment of staff director and other personnel.--The 
     co-chairs of the Council, in accordance with rules agreed 
     upon by a majority of the Council, shall appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Council to carry out its 
     duties, without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable to a person occupying a position 
     at level V of the Executive Schedule under section 5316 of 
     such title.
       (B) Detailees.--
       (i) In general.--Not more than 25 employees of the Federal 
     Government may be detailed to the Council without 
     reimbursement from the Council, and any such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (ii) Majority approval.--The detail of an employee of the 
     Federal Government to the Council under clause (i) shall be 
     subject to approval by the majority of the Council.
       (C) Assistance from federal agencies.--
       (i) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the functions of the Commission.
       (ii) Other departments and agencies.--In addition to the 
     assistance described in clause (i), departments and agencies 
     of the United States may provide to the Commission such 
     services, funds, facilities, staff, and other support 
     services subject to a majority approval of the Council and as 
     may be authorized by law.
       (D) Application of ethics rules.--For purposes of the 
     Ethics in Government Act of 1978 (5 U.S.C. App.) and the 
     STOCK Act (Public Law 112-105; 126 Stat. 291), the staff 
     director and other personnel appointed pursuant to this 
     subsection, including experts and consultants employed under 
     paragraph (2), shall be deemed employees of Congress and 
     subject to applicable House and Senate ethics rules.
       (2) Consultant services.--
       (A) In general.--The Council may procure the services of 
     experts and, if determined necessary by a majority of the 
     members of the Council, and subject to the evaluation under 
     subsection (r)(1)(B), procure the services of expert 
     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 such title.
       (B) Penalties for disclosure.--
       (i) Dismissal.--Any unauthorized disclosure of business-
     sensitive information by a consultant shall serve as grounds 
     for dismissal from the Council.
       (ii) Prosecution.--It is the sense of Congress that any 
     unauthorized disclosure of business-sensitive information by 
     a consultant should be prosecuted to the fullest extent of 
     the law.
       (k) Compensation and Travel Expenses.--
       (1) Compensation.--
       (A) In general.--Except as provided in paragraph (2), each 
     member of the Council may be compensated at not to exceed the 
     daily equivalent of the annual rate of basic pay in effect 
     for a position at level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code, for each day 
     during which that member is engaged in the actual performance 
     of the duties of the Council under this section.
       (B) Limitation.--Members of the Council who are officers or 
     employees of the Federal Government or Members of Congress 
     shall receive no additional pay by reason of their service on 
     the Council.
       (2) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Council, members of the Council may be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the Federal 
     Government are allowed expenses under section 5703 of title 
     5, United States Code.
       (3) Access after termination of council.--Notwithstanding 
     any other provision of law, after the termination of the 
     Council under subsection (m)(4), only the following 
     individuals shall have access to information related to the 
     national security of the United States that is received, 
     considered, or used by the Council:
       (A) Any member of Congress, and the designated staff of any 
     member of Congress.
       (B) Such other officials of the executive branch as the 
     President may designate.
       (l) Working Group.--
       (1) In general.--There is established a working group, 
     which shall--
       (A) provide information, data, and input to the Council at 
     regular intervals and on key issues under consideration by 
     the Council; and
       (B) observe all actions of the Council.
       (2) Composition.--The working group described in paragraph 
     (1) shall be composed of 8 experts--
       (A) chosen from--
       (i) the private sector experienced in deploying and 
     operating wireless communications networks and that expect to 
     deploy 6G; and
       (ii) the private sector researching and developing advanced 
     wireless communications technologies; and
       (iii) additional impacted stakeholders involved in 
     deploying and operating advanced wireless communications 
     technologies, including consideration of those involved with 
     the labor and workforce, States, Indian Tribes, and 
     localities, and academic research; and
       (B) who shall be jointly appointed by--
       (i) the Chair of the Federal Communications Commission;
       (ii) the Commissioner of the Federal Communications 
     Commission appointed to the Council under subsection 
     (b)(1)(A)(iii); and
       (iii) the Assistant Secretary of Commerce for 
     Communications and Information.
       (3) Input.--
       (A) In general.--The Council shall provide the members of 
     the working group described in paragraph (1) the opportunity 
     to review and comment on the work of the Council, including--
       (i) the agenda of the Council;
       (ii) any briefing materials or other informational 
     documents prepared by the staff of the Council for the 
     members of the Council;
       (iii) each draft of the final report being developed under 
     subsection (n), prior to the publication of the draft for 
     public comment under paragraph (2) of that subsection; and
       (iv) the final report being developed under subsection (n), 
     prior to the publication of the final report for public 
     comment under paragraph (2) of that subsection.
       (B) Publication.--The Council shall include in any public 
     notice related to the final report required under subsection 
     (n), and in the final report, a summary of the comments 
     provided by the working group under subparagraph (A).
       (m) Consultation.--The Council shall consult with and seek 
     advice from--
       (1) the Technical Advisory Council of the Federal 
     Communications Commission; and
       (2) the Commerce Spectrum Management Advisory Committee of 
     the National Telecommunications and Information 
     Administration.
       (n) Final Report; Termination.--
       (1) Final report.--Not later than 2 years after the date on 
     which the Council is established, the Council shall submit to 
     the congressional leaders and the appropriate congressional 
     committees, and to any member of Congress upon request, a 
     final report in compliance with the duties described in 
     subsection (f) and containing the strategy described in 
     subsection (g), so long as the report complies with the 
     requirements of this section and has the support of not less 
     than a majority of the members of the Council.
       (2) Drafts.--The Council shall publish in the Federal 
     Register--
       (A) for public comment--
       (i) each draft prepared by the Council of the report 
     required under paragraph (1); and
       (ii) the final report required under paragraph (1) prior to 
     submission to Congress under that paragraph; and
       (B) responses to any comments the Council receives under 
     subparagraph (A) with respect to a draft or the final report.
       (3) Disclosure.--The Council shall--
       (A) publish the final report required under paragraph (1) 
     on the website of the National Telecommunications and 
     Information Administration; and
       (B) notice the publishing of the final report under 
     subparagraph (A) in the Federal Register.
       (4) Termination.--
       (A) In general.--The Council, and all the authorities of 
     this section, shall terminate at the end of the 120-day 
     period beginning on

[[Page S5675]]

     the date on which the final report is submitted to the 
     congressional leaders and the appropriate congressional 
     committees under paragraph (1).
       (B) Conclusion of activities.--The Council may use the 120-
     day period referred to in subparagraph (A) for the purposes 
     of concluding its activities, including providing testimony 
     to Congress concerning the final report referred to in that 
     paragraph and disseminating the report.
       (o) Assessments of Final Report.--Not later than 60 days 
     after submission of the final report under subsection (m)(1), 
     the Secretary of Commerce shall submit to the congressional 
     leaders and the appropriate congressional committees, and to 
     any member of Congress upon request, an assessment of the 
     final report that includes comments on the findings and 
     recommendations contained in the final report.
       (p) Inapplicability of Certain Administrative Provisions.--
       (1) Federal advisory committee act.--The provisions of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the activities of the Council under this section.
       (2) Freedom of information act.--The provisions of section 
     552 of title 5, United States Code (commonly referred to as 
     the ``Freedom of Information Act''), shall not apply to the 
     activities, records, and proceedings of the Council under 
     this section.
       (q) Audits and Accounting.--Not later than 180 days after 
     the date on which all members of the Council have been 
     appointed under subsection (c)(1), and annually thereafter 
     until the termination of the Council, the Council shall file 
     with the appropriate congressional committees a detailed and 
     complete accounting of--
       (1) the spending by the Council of any appropriated funds;
       (2) the staffing of the Council and their salaries, 
     including any detailees assigned to the Council; and
       (3) the work of the Council over the period covered by the 
     report, including in particular efforts by the Council to 
     conduct outreach to and solicit input from non-Federal 
     entities on the work of the Council.
       (r) Miscellaneous Matters.--
       (1) Qualifications.--The co-chairs of the Council shall 
     evaluate--
       (A) the members and staff of the Council to ensure that all 
     members and staff possess relevant subject matter expertise 
     that will help advance the mission of the Council; and
       (B) the members, staff, and consultants of the Council to 
     avoid conflicts of interest, potential for espionage, and 
     opportunities for self-dealing or corporate dealing.
       (2) Authority.--The Council shall have no power to--
       (A) prescribe regulations under section 553 of title 5, 
     United States Code, or any other applicable law;
       (B) issue guidance on how any Federal entity shall 
     interpret or apply any existing law or regulation; or
       (C) issue guidance on how any entity shall comply with any 
     existing law or regulation.
       (3) Savings clauses.--Nothing in this subtitle shall be 
     interpreted or construed to--
       (A) confer upon the Council any legislative, regulatory, or 
     rulemaking authority with respect to any duties or 
     responsibilities directly or indirectly assigned to the 
     Council by this subtitle;
       (B) alter, amend, adjust, or otherwise impact the 
     jurisdiction of the Federal Communications Commission, the 
     National Telecommunications and Information Administration, 
     the Department of Commerce, and any other Federal agency with 
     respect to any duties or responsibilities directly or 
     indirectly assigned to the Council by this subtitle;
       (C) confer upon any Federal agency the authority, 
     obligation, duty, or responsibility to take action on any 
     recommendations issued by the Council; or
       (D) authorize any Federal agency to take action on any 
     recommendation issued by the Council without first engaging 
     in any regulatory or rulemaking process required by law the 
     Federal agency.
       (s) Funding.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated $10,000,000, to remain available until 
     expended, to carry out this section.
       (2) Availability in general.--Subject to paragraph (1), the 
     Secretary of Commerce shall make available to the Council 
     such amounts as the Council may require for purposes of the 
     activities of the Council under this section.
       (3) Duration of availability.--Amounts made available to 
     the Council under paragraph (2) shall remain available until 
     expended or until the date that the Council terminates under 
     subsection (m)(4).
                                 ______
                                 
  SA 6130. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1064. ADMINISTRATION OF RISK-BASED SURVEYS TO CERTAIN 
                   EDUCATIONAL INSTITUTIONS.

       (a) Development Required.--The Secretary of Defense, acting 
     through the Voluntary Education Institutional Compliance 
     Program of the Department of Defense, shall develop a risk-
     based survey for oversight of covered educational 
     institutions.
       (b) Scope.--
       (1) In general.--The scope of the risk-based survey 
     developed under subsection (a) shall be determined by the 
     Secretary.
       (2) Specific elements.--At a minimum, the scope determined 
     under paragraph (1) shall include the following:
       (A) Rapid increase or decrease in enrollment.
       (B) Rapid increase in tuition and fees.
       (C) Complaints tracked and published from students pursuing 
     programs of education, based on severity or volume of the 
     complaints.
       (D) Student completion rates.
       (E) Indicators of financial stability.
       (F) Review of the advertising and recruiting practices of 
     the educational institution, including those by third-party 
     contractors of the educational institution.
       (G) Matters for which the Federal Government or a State 
     government brings an action in a court of competent 
     jurisdiction against an educational institution, including 
     matters in cases in which the Federal Government or the State 
     comes to a settled agreement on such matters outside of the 
     court.
       (c) Action or Event.--
       (1) Suspension.--If, pursuant to a risk-based survey under 
     this section, the Secretary determines that an educational 
     institution has experienced an action or event described in 
     paragraph (2), the Secretary may suspend the participation of 
     the institution in Department of Defense programs for a 
     period of two years, or such other period as the Secretary 
     determines appropriate.
       (2) Action or event described.--An action or event 
     described in this paragraph is any of the following:
       (A) The receipt by an educational institution of payments 
     under the heightened cash monitoring level 2 payment method 
     pursuant to section 487(c)(1)(B) of the Higher Education Act 
     of 1965 (20 U.S.C. 1094).
       (B) Punitive action taken by the Attorney General, the 
     Federal Trade Commission, or any other Federal department or 
     agency for misconduct or misleading marketing practices that 
     would violate the standards defined by the Secretary of 
     Veterans Affairs.
       (C) Punitive action taken by a State against an educational 
     institution.
       (D) The loss, or risk of loss, by an educational 
     institution of an accreditation from an accrediting agency or 
     association, including notice of probation, suspension, an 
     order to show cause relating to the educational institution's 
     academic policies and practices or to its financial 
     stability, or revocation of accreditation.
       (E) The placement of an educational institution on 
     provisional certification status by the Secretary of 
     Education.
       (d) Database.--The Secretary shall establish a searchable 
     database or use an existing system, as the Secretary 
     considers appropriate, to serve as a central repository for 
     information required for or collected during site visits for 
     the risk-based survey developed under subsection (a), so as 
     to improve future oversight of educational institutions.
       (e) Covered Educational Institution.--In this section, the 
     term ``covered educational institution'' means an educational 
     institution selected by the Secretary based on quantitative, 
     publicly available metrics indicating risk designed to 
     separate low-risk and high-risk institutions, to focus on 
     high-risk institutions.
                                 ______
                                 
  SA 6131. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. CERTIFICATION AND REPORT ON TOXIC EXPOSURES 
                   EXPERIENCED BY MEMBERS OF THE ARMED FORCES.

       (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 Defense shall submit to 
     Congress--
       (1) a certification that members of the Armed Forces are 
     not currently experiencing toxic exposures in connection with 
     service in the Armed Forces; and
       (2) a report on the toxic exposures experienced by members 
     of the Armed Forces in connection with service in the Armed 
     Forces during the one-year period preceding the date of the 
     report.
       (b) Toxic Exposure Defined.--In this section, the term 
     ``toxic exposure'' has the meaning given such term in section 
     101(37) of title 38, United States Code.

[[Page S5676]]

  

                                 ______
                                 
  SA 6132. Mr. KAINE (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:

     SEC. __. ELIMINATING SHORT-TERM EDUCATION LOAN PROGRAMS; 
                   WORKFORCE FEDERAL PELL GRANTS; TECHNICAL 
                   CORRECTIONS.

       (a) Eliminating Short-term Education Loan Programs.--
     Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1088(b)) is amended by adding at the end the following:
       ``(5) The Secretary shall eliminate the short-term 
     education loan program, as authorized under paragraph (2), on 
     the date that is 120 days after the date the Secretary 
     establishes the application for Workforce Federal Pell Grants 
     under section 401(k).''.
       (b) Technical Corrections.--Section 481(d) of the Higher 
     Education Act of 1965 (20 U.S.C. 1088(d)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking ``under section 
     12301(a), 12301(g), 12302, 12304, or 12306 of title 10, 
     United States Code, or any retired member of an Armed Force 
     ordered to active duty under section 688 of such title,'' and 
     inserting ``or any retired member of an Armed Force ordered 
     to active duty''; and
       (B) in subparagraph (B), by striking ``an Armed Force'' and 
     inserting ``the uniformed services (as defined in section 
     101(a) of title 10, United States Code)''; and
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Qualifying national guard duty.--The term `qualifying 
     National Guard duty during a war or other military operation 
     or national emergency' means service as a member of the 
     National Guard--
       ``(A) on full-time National Guard duty (as defined in 
     section 101(d)(5) of title 10, United States Code) under a 
     call to active service authorized by the President or the 
     Secretary of Defense for a period of more than 30 consecutive 
     days under section 502(f) of title 32, United States Code, in 
     connection with a war, other military operation, or a 
     national emergency declared by the President and supported by 
     Federal funds; or
       ``(B) on State active duty (as defined in section 4303 of 
     title 38, United States Code) for a period of more than 30 
     consecutive days in connection with--
       ``(i) a national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.); or
       ``(ii) 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).''.
       (c) Workforce Federal Pell Grant Program.--
       (1) Eligible program.--
       (A) In general.--Section 481(b) of the Higher Education Act 
     of 1965 (20 U.S.C. 1088(b)) is amended by adding at the end 
     the following:
       ``(5) A program is an eligible program for purposes of only 
     section 401(k) if it--
       ``(A) is a program of at least 150, and not more than 600, 
     clock hours of instruction, or an equivalent number of credit 
     hours, offered during a minimum of 8 weeks and not more than 
     15 weeks of instructional time ; and
       ``(B) meets the requirements of such section 401(k).''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in section 702 of the FAFSA 
     Simplification Act (title VII of division FF of Public Law 
     116-260; 134 Stat. 3191) and in accordance with section 
     701(b) of such Act.
       (2) Student eligibility.--
       (A) In general.--Section 484 of the Higher Education Act of 
     1965 (20 U.S.C. 1091), as amended by section 702 of the FAFSA 
     Simplification Act (title VII of division FF of Public Law 
     116-260), is amended by adding at the end the following:
       ``(u) Eligibility for Workforce Federal Pell Grants.--In 
     order to be eligible to receive a Workforce Federal Pell 
     Grant under this title for any period of enrollment, a 
     student--
       ``(1) shall meet all other eligibility requirements for a 
     Federal Pell Grant except as provided in paragraphs (2) and 
     (3);
       ``(2) notwithstanding the eligibility requirements with 
     respect to the program of study, shall be enrolled, or 
     accepted for enrollment, in an eligible program under section 
     481(b)(5) offered by an eligible institution of higher 
     education, as defined in section 401(k)(1)(D); and
       ``(3) notwithstanding the eligibility requirements with 
     respect to the first undergraduate postbaccalaureate course 
     of study under section 401(d)(1), may have completed such 
     first undergraduate postbaccalaureate course of study, but 
     shall not have received a postbaccalaureate degree.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in section 702 of the FAFSA 
     Simplification Act (title VII of division FF of Public Law 
     116-260; 134 Stat. 3191) and in accordance with section 
     701(b) of such Act.
       (3) Federal pell grants.--
       (A) In general.--Section 401 of the Higher Education Act of 
     1965 (20 U.S.C. 1070a), as amended by section 703 of the 
     FAFSA Simplification Act (title VII of division FF of Public 
     Law 116-260), is amended by adding at the end the following:
       ``(k) Workforce Federal Pell Grant Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Career and technical education.--The term `career and 
     technical education' has the meaning given the term in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006.
       ``(B) Eligible workforce development program.--
       ``(i) In general.--The term `eligible workforce development 
     program' means a career and technical education program at an 
     eligible institution of higher education that--

       ``(I) meets the requirements of section 481(b)(5);
       ``(II) provides education aligned with the requirements of 
     high-skill, high-wage, or in-demand industry sectors or 
     occupations (including in non-traditional fields) in the 
     State or local area in which the workforce development 
     program is provided, as determined by--

       ``(aa) the State in which the program is provided, in 
     consultation with a State board or local board that serves 
     such State or local area;
       ``(bb) a State plan, as described in section 122(d)(13)(C) 
     of the Carl D. Perkins Career and Technical Education Act of 
     2006;
       ``(cc) an industry or sector partnership; or
       ``(dd) a comprehensive local needs assessment, as described 
     in section 134(c) of the Carl D. Perkins Career and Technical 
     Education Act of 2006;

       ``(III) is a program--

       ``(aa) provided through an eligible training provider, as 
     described under section 122(d) of the Workforce Innovation 
     and Opportunity Act; and
       ``(bb) subject to the reporting requirements of section 
     116(d)(4) of the Workforce Innovation and Opportunity Act, or 
     would be subject to such requirements except for a waiver 
     issued to a State under section 189(i) of the Workforce 
     Innovation and Opportunity Act;

       ``(IV) provides a student, upon completion of the program, 
     with a recognized postsecondary credential that is stackable 
     and portable across multiple employers and geographical 
     areas, except that the Secretary may waive some of all of the 
     requirements of this subclause if the Secretary determines 
     that there are extenuating circumstances that justify such 
     waiver;
       ``(V) not later than 18 months after the date the program 
     has been approved as an eligible workforce development 
     program under this subsection, has demonstrated that students 
     who complete the program receive a median increase of 20 
     percent of total earnings as compared to total earnings of 
     such students prior to enrolling in such program, in 
     accordance with paragraph (2);
       ``(VI) publishes prominently on the website of the 
     institution, and provides a written disclosure to each 
     prospective student prior to entering into an enrollment 
     agreement for such program (which each such student shall 
     confirm receiving through a written affirmation prior to 
     entering such enrollment agreement) containing, at a minimum, 
     the following information calculated, as applicable, in 
     accordance with paragraph (8):

       ``(aa) The required tuition and fees of the program.
       ``(bb) The difference between required tuition and fees 
     described in item (aa) and any grant aid (which does not need 
     to be repaid) provided to the student.
       ``(cc) The completion rate of the program.
       ``(dd) The employment rates of students who complete the 
     program, measured at approximately 6 months and 1 year, 
     respectively, after completion of the program.
       ``(ee) Total earnings of students who complete the program, 
     calculated based on earnings approximately 6 months after 
     completion of the program.
       ``(ff) Total earnings of students who do not complete the 
     program, calculated based on earnings approximately 6 months 
     after ceasing enrollment in the program.
       ``(gg) The ratio of the amount that is the difference 
     between required tuition and fees and any grant aid provided 
     to the student described in item (bb) to the total earnings 
     of students described in item (ee).
       ``(hh) An explanation, in clear and plain language that 
     shall be specified by the Secretary, of the ratio described 
     in item (gg).
       ``(ii) In the case of a workforce development program that 
     prepares students for a professional licensure or 
     certification examination, the share of such students who 
     pass such examinations;

       ``(VII) has been determined by the eligible institution of 
     higher education (after validation of that determination by 
     an industry or sector partnership or State, in consultation 
     with a State board or local board) to provide academic 
     content, an amount of instructional time, competencies, and a 
     recognized postsecondary credential that are sufficient to--

       ``(aa) meet the hiring requirements of potential employers 
     in the sectors or occupations described in subclause (II), 
     including such requirements identified pursuant to a 
     geographically applicable comprehensive local needs 
     assessment (as described in section 134(c) of the Carl D. 
     Perkins Career and Technical Education Act of 2006) or 
     pursuant

[[Page S5677]]

     to a State plan (as described in section 122(d)(13)(C) of the 
     Carl D. Perkins Career and Technical Education Act of 2006); 
     and
       ``(bb) satisfy any applicable educational prerequisite 
     requirement for professional licensure or certification in 
     the State or States in which the program is offered, so that 
     a student who completes the program and seeks employment is 
     qualified to practice or find employment in such sectors or 
     occupations that the program prepares students to enter, 
     including, if applicable, being qualified to take any 
     relevant licensure or certification examinations that may be 
     needed to practice such employment;

       ``(VIII) has been in operation for not less than 1 year 
     prior to becoming an eligible workforce development program 
     under this subsection;
       ``(IX) prepares students to pursue one or more related 
     certificate or degree programs at one or more institutions of 
     higher education (as defined in section 101) or a 
     postsecondary vocational institutions (as defined in section 
     102(c)), which may include the eligible institution of higher 
     education providing the eligible workforce development 
     program, including--

       ``(aa) by ensuring the acceptability of the credits 
     received under the workforce development program toward 
     meeting such certificate or degree program requirements (such 
     as through an articulation agreement as defined in section 
     486A); and
       ``(bb) by ensuring that a student who completes noncredit 
     coursework in the workforce development program, upon 
     completion of the workforce development program and 
     enrollment in such a related certificate or degree program, 
     will receive academic credit for such noncredit coursework 
     that will be accepted toward meeting such certificate or 
     degree program requirements;

       ``(X) is not offered exclusively through distance education 
     or a correspondence course, except as determined by the 
     Secretary to be necessary, on a temporary basis, in 
     connection with a--

       ``(aa) major disaster or emergency declared by the 
     President under section 401 or 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
     and 5191); or
       ``(bb) national emergency declared by the President under 
     section 201 of the National Emergencies Act (50 U.S.C. 1601 
     et seq.);

       ``(XI) includes counseling for students to--

       ``(aa) support each such student in achieving the student's 
     education and career goals; and
       ``(bb) ensure that each such student receives information 
     on--
       ``(AA) the sectors or occupations described in subclause 
     (II) for which the workforce development program provides 
     training (including the total earnings of students who have 
     completed the program and are employed in such sectors or 
     occupations, calculated based on earnings approximately 6 
     months after completion of the program);
       ``(BB) the related certificate or degree programs described 
     in subclause (X) for which the workforce development program 
     provides preparation; and
       ``(CC) other sources of financial aid or other assistance 
     for any component of the student's cost of attendance (as 
     defined in section 472);

       ``(XII) meets requirements that are applicable to a program 
     of training to prepare students for gainful employment in a 
     recognized occupation;
       ``(XIII) may include integrated education and training; and
       ``(XIV) may be offered as part of a program that--

       ``(aa) meets the requirements of section 484(d)(2);
       ``(bb) is part of a career pathway, as defined in section 3 
     of the Workforce Innovation and Opportunity Act; and
       ``(cc) is aligned to a program of study, as defined in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006.
       ``(ii) Approval by the secretary.--In the case of a program 
     that is seeking to establish initial eligibility as an 
     eligible workforce development program under this 
     subparagraph, the Secretary shall make a determination 
     whether the program meets the requirements of this 
     subparagraph not more than 120 days after the date on which 
     such program is submitted for consideration as an eligible 
     workforce development program. If the Secretary determines 
     the program meets the requirements of this paragraph, the 
     Secretary shall grant an initial period of approval of 2 
     years.
       ``(iii) Renewal of approval by the secretary.--An eligible 
     workforce development program that desires to continue 
     eligibility as an eligible workforce development program 
     after the period of initial approval described in clause 
     (ii), or the subsequent period described in this clause, 
     shall submit a renewal application to the Secretary (with 
     such information as the Secretary may require), not more than 
     270 days and not less than 180 days before the end of the 
     previous approval period. If the Secretary determines the 
     program meets such requirements, the Secretary shall grant 
     another period of approval for 3 years.
       ``(iv) Revocation of approval by the secretary.--If at any 
     time the Secretary determines that a program previously 
     approved under clause (ii) or (iii) is no longer meeting any 
     of the requirements of an eligible workforce development 
     program described in this subsection, the Secretary--

       ``(I) shall deny a subsequent renewal of approval in 
     accordance with clause (iii) for such program after the 
     expiration of the approval period;
       ``(II) may withdraw approval for such program before the 
     expiration of the approval period;
       ``(III) shall ensure students who enrolled in such programs 
     have access to transcripts for completed coursework without a 
     fee or monetary charge and without regard to any balance owed 
     to the institution; and
       ``(IV) shall prohibit such program and any substantially 
     similar program, from being considered an eligible workforce 
     development program described in this subsection for a period 
     of not less than 5 years.

       ``(v) Additional state assurance.--The Secretary shall not 
     determine that a program is an eligible workforce development 
     program in accordance with clause (ii) unless the Secretary 
     receives a certification from the State in which the eligible 
     workforce development program is provided, containing an 
     assurance that the program meets the requirements of 
     subclauses (II) and (III) of clause (i).
       ``(C) Total earnings.--The term `total earnings' means the 
     median annualized earnings, calculated using earnings for a 
     pay period, month, quarter, or other time period deemed 
     appropriate by the Secretary.
       ``(D) Eligible institution of higher education.--The term 
     `eligible institution of higher education' means an 
     institution of higher education (as defined in section 101) 
     or a postsecondary vocational institution (as defined in 
     section 102(c)) that--
       ``(i) is approved by an accrediting agency or association 
     that meets the requirements of section 496(a)(4)(C);
       ``(ii) has not been a proprietary institution of higher 
     education, as defined in section 102(b), within the previous 
     3 years; and
       ``(iii) has not been subject, during any of the preceding 5 
     years, to--

       ``(I) any suspension, emergency action, or termination of 
     programs under this title;
       ``(II) any adverse action by the institution's accrediting 
     agency or association; or
       ``(III) any action by the State to revoke a license or 
     other authority to operate; and

       ``(iv) is in compliance with the requirements of this 
     subsection.
       ``(E) WIOA definitions.--The terms `industry or sector 
     partnership', `in-demand industry sector or occupation', 
     `recognized postsecondary credential', `local board', and 
     `State board' have the meanings given such terms in section 3 
     of the Workforce Innovation and Opportunity Act.
       ``(2) Total earnings increase requirement.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), as 
     a condition of participation under this subsection, the 
     Secretary shall, using the data collected under paragraph (8) 
     and such other information as the Secretary may require, 
     determine whether such workforce development program meets 
     the requirements of paragraph (1)(B)(i)(V) with respect to 
     whether the students who complete the program receive a 
     median increase of 20 percent of such students' total 
     earnings. For the purposes of this paragraph, the Secretary 
     shall determine such percentage increase by calculating the 
     difference between--
       ``(i) the total earnings of students who enroll in such 
     program, calculated based on earnings approximately 6 months 
     prior to enrollment; and
       ``(ii) the total earnings of students who complete such 
     program, calculated based on earnings approximately 6 months 
     after completing such program, subject to subparagraph (B).
       ``(B) Exclusion.--An eligible institution of higher 
     education offering an eligible workforce development program 
     for which the Secretary awards Workforce Federal Pell Grants 
     under this subsection may exclude from the calculation under 
     subparagraph (A)(ii) any students who are enrolled in an 
     eligible program, as defined in section 481, at the time that 
     earnings are evaluated under subparagraph (A)(ii).
       ``(C) Date of effect.--The requirement under this paragraph 
     shall take effect beginning on the date that is 18 months 
     after the date the program has been approved as an eligible 
     workforce development program under this subsection.
       ``(3) Appeal of earnings information.--The Secretary's 
     determination under paragraph (2) may include an appeals 
     process to permit workforce development programs to submit 
     alternate earnings data (which may include discretionary 
     earnings data or total earnings data), provided that such 
     data are statistically rigorous, accurate, comparable, and 
     representative of students who enroll in or complete the 
     program, or both, as applicable.
       ``(4) Authorization of awards.--For the award year 
     beginning on July 1, 2024, and each subsequent award year, 
     the Secretary shall award Federal Pell Grants to eligible 
     students pursuant to section 484(u) in eligible workforce 
     development programs (referred to as a `Workforce Federal 
     Pell Grant'). Each Workforce Federal Pell Grant awarded under 
     this subsection shall have the same terms and conditions, and 
     be awarded in the same manner, as other Federal Pell Grants 
     awarded under subsection (b), except a student who is 
     eligible to receive a Workforce Federal Pell Grant under this 
     subsection is a student who meets the eligibility criteria in 
     section 484(u).
       ``(5) Amount of award.--The amount of a Workforce Federal 
     Pell Grant for an eligible student shall be determined under 
     subsection (b), except that a student who is eligible for

[[Page S5678]]

     less than the minimum Federal Pell Grant because the eligible 
     workforce development program is less than an academic year 
     (in clock-hours and weeks of instructional time) may still be 
     eligible for a Workforce Federal Pell Grant.
       ``(6) Inclusion in total eligibility period.--Any period 
     during which a student receives a Workforce Federal Pell 
     Grant under this subsection shall be included in calculating 
     the student's period of eligibility for Federal Pell Grants 
     under subsection (d), and the eligibility requirements 
     regarding students who are enrolled in an undergraduate 
     program on less than a full-time basis shall similarly apply 
     to students who are enrolled in an eligible workforce 
     development program at an eligible institution of higher 
     education on less than a full-time basis.
       ``(7) Same payment period.--No student may for the same 
     payment period receive both a Workforce Federal Pell Grant 
     under this subsection and a Federal Pell Grant under this 
     section.
       ``(8) Interagency data coordination and data collection.--
       ``(A) Interagency data coordination.--The Secretary shall 
     coordinate with the Secretary of Labor to ensure access to 
     data necessary to implement this subsection that is not 
     otherwise available to the Secretary, including such data 
     related to indicators of performance collected under section 
     116 of the Workforce Innovation and Opportunity Act.
       ``(B) Data on eligible workforce development programs.--
     Except as provided under subparagraph (C), using data 
     otherwise available to the Secretary to the greatest extent 
     practicable to streamline reporting requirements and minimize 
     reporting burdens, and in coordination with the National 
     Center for Education Statistics, the Secretary of Labor, and 
     each institution of higher education offering an eligible 
     workforce development program for which the Secretary awards 
     Workforce Federal Pell Grants under this subsection, the 
     Secretary shall, on at least an annual basis, collect and 
     publish data with respect to each such eligible workforce 
     development program, including, at a minimum, the following:
       ``(i) The number and demographics of students who enroll in 
     the program, disaggregated by--

       ``(I) sex;
       ``(II) race and ethnicity;
       ``(III) classification as a student with a disability;
       ``(IV) income quintile, as defined by the Secretary;
       ``(V) military or veteran benefit status;
       ``(VI) status as a first-time student or transfer student 
     from another institution;
       ``(VII) status as a first generation college student;
       ``(VIII) status as parent or guardian of 1 or more 
     dependent children;
       ``(IX) status as a confined or incarcerated individual, as 
     defined under section 484(t)(1)(A); and
       ``(X) status as a recipient of a Workforce Federal Pell 
     Grant.

       ``(ii) The number and demographics, disaggregated by the 
     categories listed in clause (i), of students who--

       ``(I) complete the program; and
       ``(II) do not complete the program.

       ``(iii) The required tuition and fees of the program.
       ``(iv) The total earnings of students, disaggregated by the 
     categories listed in clause (i), who--

       ``(I) complete the program, calculated based on earnings 
     approximately 6 months after completing such program; and
       ``(II) do not complete the program, calculated based on 
     earnings approximately 6 months after ceasing enrollment in 
     such program.

       ``(v) Outcomes of the students who complete the program, 
     disaggregated by the categories listed in clause (i), with 
     respect to--

       ``(I) the median time to completion among such students;
       ``(II) the employment rates of such students, measured at 
     approximately 6 months and 1 year, respectively, after 
     completion of the eligible workforce development program;
       ``(III) in the case of a workforce development program that 
     prepares students for a professional licensure or 
     certification examination, the share of such students who 
     pass such examinations;
       ``(IV) the share of such students who enroll in a 
     certificate or degree program at the institution of higher 
     education offering the eligible workforce development program 
     within 1 year of completing such eligible workforce 
     development program;
       ``(V) the share of such students who transfer to another 
     institution of higher education within 1 year of completing 
     the eligible workforce development program; and
       ``(VI) the share of such students who complete a subsequent 
     certificate or degree program at any institution of higher 
     education within 6 years of completing the eligible workforce 
     development program.

       ``(C) Exceptions.--Notwithstanding any other provision of 
     this paragraph--
       ``(i) if disclosure of disaggregated data under 
     subparagraph (B) is prohibited from disclosure due to 
     applicable privacy restrictions, the Secretary may take such 
     steps as the Secretary determines necessary to provide 
     meaningful disaggregated student demographic or outcome 
     information, including by combining categories;
       ``(ii) an institution may submit, and the Secretary may 
     publish, data required to be collected under subparagraph (B) 
     that is obtained through a State Unemployment Insurance 
     Agency or through other supplemental means, in lieu of any 
     additional data collection, provided that such data are 
     statistically rigorous, accurate, comparable, and 
     representative;
       ``(iii) to the extent that another provision of this Act, 
     or any regulation prescribed under this Act, requires the 
     same reporting or collection of data that is required under 
     subparagraph (B), the Secretary may consider the reporting 
     under such provision or regulation to satisfy the 
     requirements of subparagraph (B); and
       ``(iv) the Secretary, in consultation with the Secretary of 
     Labor, may modify or waive the requirements to disaggregate 
     data by the categories listed in subparagraph (B)(i) for data 
     described in clauses (iv) and (v)(III) of subparagraph (B) to 
     align with the reporting requirements of section 116(d)(4) of 
     the Workforce Innovation and Opportunity Act, streamline 
     reporting requirements, and minimize reporting burdens.
       ``(D) Report.--Not later than July 1, 2025, the Secretary 
     shall--
       ``(i) submit 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 impact 
     of eligible workforce development programs for which the 
     Secretary awards Workforce Federal Pell Grants under this 
     subsection, based on the most recent data collected under 
     subparagraph (B); and
       ``(ii) make the report described in clause (i) available 
     publicly on the website of the Department.''.
       (B) Publication of application.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary of 
     Education shall publish the application for workforce 
     development programs to submit for approval as eligible 
     workforce development programs, as defined in subsection 
     (k)(1)(B) of section 401 of the Higher Education Act of 1965 
     (20 U.S.C. 1070a), as added by subparagraph (A). The 
     information required to determine eligibility in such 
     application shall be consistent with the requirements 
     described in such subsection (k)(1)(B).
       (C) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in section 703 of the FAFSA 
     Simplification Act (title VII of division FF of Public Law 
     116-260; 134 Stat. 3191) and in accordance with section 
     701(b) of such Act.
       (D) Implementation.--In carrying out the amendments made by 
     subparagraph (A), the Secretary of Education may waive the 
     application of--
       (i) the master calendar requirements under section 482 of 
     the Higher Education Act of 1965 (20 U.S.C. 1089); and
       (ii) negotiated rulemaking under section 492 of the Higher 
     Education Act of 1965 (20 U.S.C. 1098a).
       (E) Stakeholder engagement.--If the Secretary of Education 
     waives the application of negotiated rulemaking pursuant to 
     subparagraph (D)(ii), the Secretary shall, to the greatest 
     extent practicable, ensure stakeholder engagement in 
     development the application, guidance, and regulations 
     related to eligible workforce development programs, as 
     defined in subsection (k)(1)(B) of section 401 of the Higher 
     Education Act of 1964 (20 U.S.C. 1070a), as added by 
     subparagraph (A).
       (d) Workforce Innovation and Opportunity Act Amendment.--
       (1) Eligible training provider reports.--Section 116(d)(4) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3141(d)(4)) is amended--
       (A) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (F), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(G) for programs of study of an eligible provider 
     participating in the Workforce Federal Pell Grant program 
     under section 401(k) of the Higher Education Act of 1965, as 
     added by section [_____] of the [____ Act], such information 
     related to employment and earnings as may be required under 
     such subsection, including information relating to the total 
     earnings increase under paragraph (2) of such subsection, 
     except that the sanctions for failure to report under 
     subsection (f)(1)(B) of this section shall not apply to this 
     subparagraph.''.
       (2) Interagency data coordination.--Section 116(i) of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3141(i)) 
     is amended by adding at the end the following:
       ``(4) Interagency data coordination for workforce federal 
     pell grant program.--The Secretary of Labor shall coordinate 
     with the Secretary of Education to ensure access to data 
     necessary to implement section 401(k) of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a(k)), as added by section [_____] 
     of the [____ Act], that is not otherwise available to the 
     Secretary of Education, which may include data related to 
     unemployment insurance, wage information, employment-related 
     outcomes, and indicators of performance collected under this 
     section.''.
       (e) Accrediting Agency Recognition of Eligible Workforce 
     Development Programs.--Section 496(a)(4) of the Higher 
     Education Act of 1965 (20 U.S.C. 1099b(a)(4)) is amended--
       (1) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (B)(ii), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:

[[Page S5679]]

       ``(C) if such agency or association has or seeks to include 
     within its scope of recognition the evaluation of the quality 
     of institutions of higher education participating in the 
     Workforce Federal Pell Grant program under section 401(k), as 
     added by section [_____] of the [____ Act], such agency or 
     association shall, in addition to meeting the other 
     requirements of this subpart, demonstrate to the Secretary 
     that, with respect to such eligible workforce development 
     programs (as defined in that subsection)--
       ``(i) the agency or association's standards include a 
     process for determining if the institution has the capability 
     to effectively offer an eligible workforce development 
     program; and
       ``(ii) the agency or association requires a demonstration 
     that the program--

       ``(I) has identified each recognized postsecondary 
     credential offered in the relevant industry in the State or 
     local area where the industry is located; and
       ``(II) provides academic content, an amount of 
     instructional time, competencies, and a recognized 
     postsecondary credential sufficient to satisfy any applicable 
     educational requirement for professional licensure or 
     certification in the State or States in which the program is 
     offered, so that a student who completes the program and 
     seeks employment is qualified to practice or find employment 
     in the sectors or occupations that the program prepares 
     students to enter, including, if applicable, being qualified 
     to take any relevant licensure or certification examinations 
     that may be needed to practice such employment.''.

       (f) Additional NACIQI Review Meetings.--If necessary, the 
     Secretary of Education shall hold additional meetings of the 
     National Advisory Committee on Institutional Quality and 
     Integrity through July 1, 2024 in order to evaluate additions 
     to the scope of recognition of agencies or associations with 
     respect to eligible workforce development programs as defined 
     in section 401(k) of the Higher Education Act of 1965, as 
     added by subsection (c)(3)(A) of this section, to prepare for 
     implementation of the Workforce Federal Pell Grant program.
       (g) Administrative Funding.--Out of any funds in the 
     Treasury not otherwise appropriated, there is appropriated to 
     the Secretary of Labor, $75,000,000, for fiscal year 2023, to 
     remain available until expended, to assist in carrying out 
     activities relating to section 401(k) of the Higher Education 
     Act of 1965, as added by this Act, and sections 116(d)(4)(G) 
     and 116(i)(4) of the Workforce Innovation and Opportunity 
     Act, as added by this Act, during fiscal years 2023 through 
     2031:  Provided, That funds appropriated under this 
     subsection may be used for carrying out such activities 
     directly or through contracts, grants, subgrants and other 
     arrangements, and may be used for Federal administrative 
     costs relating to such activities.  Provided further, That 
     the Secretary of Labor may transfer funds appropriated under 
     this subsection to accounts within the Department of Labor as 
     necessary, as determined by the Secretary of Labor, to carry 
     out such activities.
                                 ______
                                 
  SA 6133. 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, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REAUTHORIZATION OF READ ACT.

       Section 4(a) of the Reinforcing Education Accountability in 
     Development Act (division A of Public Law 115-56; 22 U.S.C. 
     2151c note) is amended by striking ``during the following 
     five fiscal years'' and inserting ``during the following ten 
     fiscal years''.
                                 ______
                                 
  SA 6134. Ms. BALDWIN (for Mr. Portman (for himself and Ms. Baldwin)) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to 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. __. PREFERENCE FOR UNITED STATES INDUSTRY.

       Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 
     188) is amended by adding at the end the following:
       ``(d) Preference for United States Industry.--
       ``(1) Definitions.--In this subsection:
       ``(A) Country of concern.--The term `country of concern' 
     means a country that--
       ``(i) is a covered nation, as that term is defined in 
     section 4872(d) of title 10, United States Code; or
       ``(ii) the Secretary determines is engaged in conduct that 
     is detrimental to the national security of the United States.
       ``(B) Funding agreement; nonprofit organization; subject 
     invention.--The terms `funding agreement', `nonprofit 
     organization', and `subject invention' have the meanings 
     given those terms in section 201 of title 35, United States 
     Code.
       ``(C) Manufactured substantially in the united states.--The 
     term `manufactured substantially in the United States' means 
     manufactured substantially from all articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States.
       ``(D) Relevant congressional committees.--The term 
     `relevant congressional committees' means--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(ii) the Committee on Homeland Security of the House of 
     Representatives.
       ``(2) Preference.--Subject to the other provisions of this 
     subsection, no firm or nonprofit organization which receives 
     title to any subject invention developed under a funding 
     agreement entered into with the Department and no assignee of 
     any such firm or nonprofit organization shall grant the 
     exclusive right to use or sell any subject invention unless 
     the products embodying the subject invention or produced 
     through the use of the subject invention will be manufactured 
     substantially in the United States.
       ``(3) Waivers.--
       ``(A) In general.--Subject to subparagraph (B), in 
     individual cases, the requirement for an agreement described 
     in paragraph (2) may be waived by the Secretary upon a 
     showing by the firm, nonprofit organization, or assignee that 
     reasonable but unsuccessful efforts have been made to grant 
     licenses on similar terms to potential licensees that would 
     be likely to manufacture substantially in the United States 
     or that under the circumstances domestic manufacture is not 
     commercially feasible.
       ``(B) Conditions on waivers granted by department.--
       ``(i) Before grant of waiver.--Before granting a waiver 
     under subparagraph (A), the Secretary shall--

       ``(I) consult with the relevant congressional committees 
     regarding the decision of the Secretary to grant the waiver; 
     and
       ``(II) comply with the procedures developed and implemented 
     pursuant to section 70923(b)(2) of the Build America, Buy 
     America Act (subtitle A of title IX of division G of Public 
     Law 117-58).

       ``(ii) Prohibition on granting certain waivers.--The 
     Secretary may not grant a waiver under subparagraph (A) if, 
     as a result of the waiver, products embodying the applicable 
     subject invention, or produced through the use of the 
     applicable subject invention, will be manufactured 
     substantially in a country of concern.''.
                                 ______
                                 
  SA 6135. Mr. SCHUMER (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 E of title VIII, add the following:

     SEC. 875. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND 
                   SERVICES.

       (a) In General.--Section 889 of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 41 U.S.C. 3901 note prec.) is amended--
       (1) in the section heading, by inserting ``and 
     semiconductor products and services'' after ``services or 
     equipment'';
       (2) in subsection (a)(1), by inserting ``, or covered 
     semiconductor products or services,'' after ``equipment or 
     services'' both places it appears; and
       (3) in subsection (f)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Covered semiconductor product or services.--The term 
     `covered semiconductor product or services' means any of the 
     following:
       ``(A) A product that incorporates a semiconductor product 
     designed or produced by, or any service provided by, 
     Semiconductor Manufacturing International Corporation (SMIC), 
     ChangXin Memory Technologies (CXMT), or Yangtze Memory 
     Technologies Corp. (YMTC) (or any subsidiary, affiliate, or 
     successor of such entities).
       ``(B) Semiconductor products or services produced or 
     provided by an entity that the Secretary of Defense, in 
     consultation with the Director of the National Intelligence 
     or the Director of the Federal Bureau of Investigation, 
     reasonably believes to be an entity owned or controlled by, 
     or otherwise connected to, the government of a covered 
     foreign country.''.

[[Page S5680]]

       (b) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall--
       (1) take effect with regard to the prohibition under 
     subsection (a)(1)(A) of section 889 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 on 
     such date of enactment; and
       (2) take effect with regard to the prohibitions under 
     subsections (a)(1)(B) and (b)(1) of such section two years 
     after such date of enactment.
                                 ______
                                 
  SA 6136. Mr. PETERS (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 appropriate place, insert the following:

                  TITLE ____--SATELLITE CYBERSECURITY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Satellite Cybersecurity 
     Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Clearinghouse.--The term ``clearinghouse'' means the 
     commercial satellite system cybersecurity clearinghouse 
     required to be developed and maintained under section 
     __04(b)(1) of this title.
       (2) Commercial satellite system.--The term ``commercial 
     satellite system''--
       (A) means a system that--
       (i) is owned or operated by a non-Federal entity based in 
     the United States; and
       (ii) is composed of not less than 1 earth satellite; and
       (B) includes--
       (i) any ground support infrastructure for each satellite in 
     the system; and
       (ii) any transmission link among and between any satellite 
     in the system and any ground support infrastructure in the 
     system.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in subsection 
     (e) of the Critical Infrastructure Protection Act of 2001 (42 
     U.S.C. 5195c(e)).
       (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
     has the meaning given the term in section 2209 of the 
     Homeland Security Act of 2002 (6 U.S.C. 659).
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given the term in section 102 of the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
     1501).

     SEC. __03. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the actions the Federal Government 
     has taken to support the cybersecurity of commercial 
     satellite systems, including as part of any action to address 
     the cybersecurity of critical infrastructure sectors.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Homeland Security and the Committee on Space, Science, and 
     Technology of the House of Representatives on the study 
     conducted under subsection (a), which shall include 
     information on--
       (1) efforts of the Federal Government to--
       (A) address or improve the cybersecurity of commercial 
     satellite systems; and
       (B) support related efforts with international entities or 
     the private sector;
       (2) the resources made available to the public by Federal 
     agencies to address cybersecurity risks and threats to 
     commercial satellite systems, including resources made 
     available through the clearinghouse;
       (3) the extent to which commercial satellite systems and 
     the cybersecurity threats to such systems are addressed in 
     Federal and non-Federal critical infrastructure risk analyses 
     and protection plans;
       (4) the extent to which Federal agencies are reliant on 
     satellite systems owned wholly or in part or controlled by 
     foreign entities, and how Federal agencies mitigate 
     associated cybersecurity risks;
       (5) the extent to which Federal agencies coordinate or 
     duplicate authorities and take other actions focused on the 
     cybersecurity of commercial satellite systems; and
       (6) as determined appropriate by the Comptroller General of 
     the United States, recommendations for further Federal action 
     to support the cybersecurity of commercial satellite systems, 
     including recommendations on information that should be 
     shared through the clearinghouse.
       (c) Consultation.--In carrying out subsections (a) and (b), 
     the Comptroller General of the United States shall coordinate 
     with appropriate Federal agencies and organizations, 
     including--
       (1) the Department of Homeland Security;
       (2) the Department of Commerce;
       (3) the Department of Defense;
       (4) the Department of Transportation;
       (5) the Federal Communications Commission;
       (6) the National Aeronautics and Space Administration;
       (7) the National Executive Committee for Space-Based 
     Positioning, Navigation, and Timing; and
       (8) the National Space Council.
       (d) Briefing.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall provide a briefing to the appropriate 
     congressional committees on the study conducted under 
     subsection (a).
       (e) Classification.--The report made under subsection (b) 
     shall be unclassified but may include a classified annex.

     SEC. __04. RESPONSIBILITIES OF THE CYBERSECURITY AND 
                   INFRASTRUCTURE SECURITY AGENCY.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Establishment of Commercial Satellite System 
     Cybersecurity Clearinghouse.--
       (1) In general.--Subject to the availability of 
     appropriations, not later than 180 days after the date of 
     enactment of this Act, the Director shall develop and 
     maintain a commercial satellite system cybersecurity 
     clearinghouse.
       (2) Requirements.--The clearinghouse--
       (A) shall be publicly available online;
       (B) shall contain publicly available commercial satellite 
     system cybersecurity resources, including the voluntary 
     recommendations consolidated under subsection (c)(1);
       (C) shall contain appropriate materials for reference by 
     entities that develop, operate, or maintain commercial 
     satellite systems;
       (D) shall contain materials specifically aimed at assisting 
     small business concerns with the secure development, 
     operation, and maintenance of commercial satellite systems; 
     and
       (E) may contain controlled unclassified information 
     distributed to commercial entities through a process 
     determined appropriate by the Director.
       (3) Content maintenance.--The Director shall maintain 
     current and relevant cybersecurity information on the 
     clearinghouse.
       (4) Existing platform or website.--To the extent 
     practicable, the Director shall establish and maintain the 
     clearinghouse using an online platform, a website, or a 
     capability in existence as of the date of enactment of this 
     Act.
       (c) Consolidation of Commercial Satellite System 
     Cybersecurity Recommendations.--
       (1) In general.--The Director shall consolidate voluntary 
     cybersecurity recommendations designed to assist in the 
     development, maintenance, and operation of commercial 
     satellite systems.
       (2) Requirements.--The recommendations consolidated under 
     paragraph (1) shall include materials appropriate for a 
     public resource addressing the following:
       (A) Risk-based, cybersecurity-informed engineering, 
     including continuous monitoring and resiliency.
       (B) Planning for retention or recovery of positive control 
     of commercial satellite systems in the event of a 
     cybersecurity incident.
       (C) Protection against unauthorized access to vital 
     commercial satellite system functions.
       (D) Physical protection measures designed to reduce the 
     vulnerabilities of a commercial satellite system's command, 
     control, and telemetry receiver systems.
       (E) Protection against jamming, eavesdropping, hijacking, 
     computer network exploitation, spoofing, threats to optical 
     satellite communications, and electromagnetic pulse.
       (F) Security against threats throughout a commercial 
     satellite system's mission lifetime.
       (G) Management of supply chain risks that affect the 
     cybersecurity of commercial satellite systems.
       (H) Protection against vulnerabilities posed by ownership 
     of commercial satellite systems or commercial satellite 
     system companies by foreign entities.
       (I) Protection against vulnerabilities posed by locating 
     physical infrastructure, such as satellite ground control 
     systems, in foreign countries.
       (J) As appropriate, and as applicable pursuant to the 
     maintenance requirement under subsection (b)(3), relevant 
     findings and recommendations from the study conducted by the 
     Comptroller General of the United States under section 
     __03(a).
       (K) Any other recommendations to ensure the 
     confidentiality, availability, and integrity of data residing 
     on or in transit through commercial satellite systems.
       (d) Implementation.--In implementing this section, the 
     Director shall--
       (1) to the extent practicable, carry out the implementation 
     in partnership with the private sector;
       (2) coordinate with--
       (A) the National Space Council and the head of any other 
     agency determined appropriate by the National Space Council; 
     and

[[Page S5681]]

       (B) the heads of appropriate Federal agencies with 
     expertise and experience in satellite operations, including 
     the entities described in section __03(c) to enable the 
     alignment of Federal efforts on commercial satellite system 
     cybersecurity and, to the extent practicable, consistency in 
     Federal recommendations relating to commercial satellite 
     system cybersecurity; and
       (3) consult with non-Federal entities developing commercial 
     satellite systems or otherwise supporting the cybersecurity 
     of commercial satellite systems, including private, consensus 
     organizations that develop relevant standards.
       (e) Sunset and Report.--
       (1) In general.--This section shall cease to have force or 
     effect on the date that is 7 years after the date of the 
     enactment of this Act.
       (2) Report.--Not later than 6 years after the date of 
     enactment of this Act, the Director shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security and the 
     Committee on Space, Science, and Technology of the House of 
     Representatives a report summarizing--
       (A) any partnership with the private sector described in 
     subsection (d)(1);
       (B) any consultation with a non-Federal entity described in 
     subsection (d)(3);
       (C) the coordination carried out pursuant to subsection 
     (d)(2);
       (D) the establishment and maintenance of the clearinghouse 
     pursuant to subsection (b);
       (E) the recommendations consolidated pursuant to subsection 
     (c)(1); and
       (F) any feedback received by the Director on the 
     clearinghouse from non-Federal entities.

     SEC. __05. STRATEGY.

       Not later than 120 days after the date of the enactment of 
     this Act, the National Space Council, in coordination with 
     the Director of the Office of Space Commerce and the heads of 
     other relevant agencies, shall submit to the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Space, Science, and Technology and the 
     Committee on Homeland Security of the House of 
     Representatives a strategy for the activities of Federal 
     agencies to address and improve the cybersecurity of 
     commercial satellite systems, which shall include an 
     identification of--
       (1) proposed roles and responsibilities for relevant 
     agencies; and
       (2) as applicable, the extent to which cybersecurity 
     threats to such systems are addressed in Federal and non-
     Federal critical infrastructure risk analyses and protection 
     plans.

     SEC. __06. RULES OF CONSTRUCTION.

       Nothing in this title shall be construed to--
       (1) designate commercial satellite systems or other space 
     assets as a critical infrastructure sector; or
       (2) infringe upon or alter the authorities of the agencies 
     described in section __03(c) .
                                 ______
                                 
  SA 6137. Mr. PADILLA (for himself 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 end of subtitle G of title X, add the following:

     SEC. 1077. TRANSPORTATION DEMAND MANAGEMENT.

       Section 101(a) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraphs (32) through (36) as 
     paragraphs (33) through (37), respectively; and
       (2) by inserting after paragraph (31) the following:
       ``(32) Transportation demand management.--The term 
     `transportation demand management' means the use of 
     strategies to inform and encourage travelers to maximize the 
     efficiency of a transportation system, leading to improved 
     mobility, reduced congestion, and lower vehicle emissions, 
     including strategies that use planning, programs, policies, 
     marketing, communications, incentives, pricing, data, and 
     technology.''.
                                 ______
                                 
  SA 6138. Mr. SCHATZ (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 appropriate place, insert the following:

     SEC. ____. AIR TOUR AND SPORT PARACHUTING SAFETY IMPROVEMENT.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.
       (3) Commercial air tour.--The term ``commercial air tour'' 
     means a flight conducted for compensation or hire in an 
     airplane or helicopter where a purpose of the flight is 
     sightseeing.
       (4) Commercial air tour operator.--The term ``commercial 
     air tour operator'' means any person who conducts a 
     commercial air tour.
       (5) Parachute operation.--The term ``parachute operation'' 
     has the meaning given that term in section 105.3 of title 14, 
     Code of Federal Regulations (or any successor regulation).
       (b) Safety Management System Requirements for Certain 
     Operators.--Not later than 24 months after the date of 
     enactment of this section, the Administrator shall issue a 
     final rule requiring each person holding a certificate under 
     part 119 of title 14, Code of Federal Regulations, and 
     authorized to conduct operations in accordance with the 
     provisions of part 135 of title 14, Code of Federal 
     Regulations, to implement a safety management system, as 
     appropriate for the operations.
       (c) Other Safety Requirements for Commercial Operators.--
       (1) Safety reforms.--
       (A) Part 121 or part 135 certificate required for 
     commercial air tours.--
       (i) In general.--Beginning on the date that is 3 years 
     after the date of enactment of this section, no person may 
     conduct commercial air tours unless that person--

       (I) holds a certificate identifying the person as an air 
     carrier or commercial operator under part 119 of title 14, 
     Code of Federal Regulations; and
       (II) conducts all commercial air tours under the applicable 
     provisions of part 121 or part 135 of title 14, Code of 
     Federal Regulations.

       (ii) Exclusion.--Clause (i) shall not apply to a person 
     that conducts fewer than 50 commercial air tours in a 
     calendar year.
       (iii) Reporting required.--Beginning on the date that is 3 
     years after the date of enactment of this section, and every 
     12 months thereafter, each person that conducts commercial 
     air tours (including any person excluded from the certificate 
     requirement under clause (ii)) shall report to the 
     Administrator the total number of commercial air tours that 
     person conducted during the previous 12 months.
       (iv) Other terms.--The Administrator shall--

       (I) revise title 14, Code of Federal Regulations, to 
     include definitions for the terms ``aerial work'' and 
     ``aerial photography'' that are limited to aerial operations 
     performed for compensation or hire with an approved operating 
     certificate; and
       (II) to the extent necessary, revise section 
     119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to 
     conform with the requirements of such definitions.

       (B) Additional safety requirements.--Not later than 3 years 
     after the date of enactment of this section, the 
     Administrator shall issue new or revised regulations that 
     shall require all certificated commercial air tour operators 
     to incorporate avoidance training for controlled flight into 
     terrain and in-flight loss of control into the training 
     program required under part 121 or 135 of title 14, Code of 
     Federal Regulations, as applicable. The training shall 
     especially address reducing the risk of accidents involving 
     unintentional flight into instrument meteorological 
     conditions to address day, night, and low visibility 
     environments with special attention paid to research 
     available as of the date of enactment of this section on 
     human factors issues involved in such accidents, including 
     but not limited to--
       (i) specific terrain, weather, and infrastructure 
     challenges relevant in the local operating environment that 
     increase the risk of such accidents;
       (ii) pilot decision-making relevant to the avoidance of 
     instrument meteorological conditions while operating under 
     visual flight rules;
       (iii) use of terrain awareness displays;
       (iv) spatial disorientation risk factors and 
     countermeasures; and
       (v) strategies for maintaining control, including the use 
     of automated systems.
       (2) Aviation rulemaking committee.--
       (A) In general.--The Administrator, shall convene an 
     aviation rulemaking committee to review and develop findings 
     and recommendations to inform--
       (i) establishing a performance-based standard for flight 
     data monitoring for all commercial air tour operators that 
     reviews all available data sources to identify deviations 
     from established areas of operation and potential safety 
     issues;
       (ii) requiring all commercial air tour operators to install 
     flight data recording devices capable of supporting 
     collection and dissemination of the data incorporated in the 
     Flight Operational Quality Assurance Program (or, if an 
     aircraft cannot practically be retrofitted with such 
     equipment, requiring the commercial air tour operator for 
     such aircraft to collect and maintain flight data through 
     alternative methods);

[[Page S5682]]

       (iii) requiring all commercial air tour operators to 
     implement a flight data monitoring program, such as a Flight 
     Operational Quality Assurance Program;
       (iv) establishing methods to provide effective terrain 
     awareness and warning; and
       (v) establishing methods to provide effective traffic 
     avoidance in identified high-traffic tour areas, such as 
     requiring air tour operators that operate within those areas 
     be equipped with an Automatic Dependent Surveillance-
     Broadcast Out- and In-supported traffic advisory system 
     that--

       (I) includes both visual and aural alerts;
       (II) is driven by an algorithm designed to eliminate 
     nuisance alerts; and
       (III) is operational during all flight operations.

       (B) Membership.--The aviation rulemaking committee shall 
     consist of members appointed by the Administrator, 
     including--
       (i) representatives of industry, including manufacturers of 
     aircraft and aircraft technologies;
       (ii) representatives of aviation operator organizations; 
     and
       (iii) aviation safety experts with specific knowledge of 
     safety management systems and flight data monitoring programs 
     under part 135 of title 14, Code of Federal Regulations.
       (C) Duties.--
       (i) In general.--The Administrator shall direct the 
     aviation rulemaking committee to make findings and submit 
     recommendations regarding each of the matters specified in 
     clauses (i) through (v) of subparagraph (A).
       (ii) Considerations.--In carrying out its duties under 
     clause (i), the Administrator shall direct the aviation 
     rulemaking committee to consider--

       (I) recommendations of the National Transportation Safety 
     Board;
       (II) recommendations of previous aviation rulemaking 
     committees that reviewed flight data monitoring program 
     requirements on part 135 commercial operators;
       (III) recommendations from industry safety organizations, 
     including but not limited to the International Helicopter 
     Safety Foundation (IHSF) and the United States Helicopter 
     Safety Team (USHST);
       (IV) scientific data derived from a broad range of flight 
     data recording technologies capable of continuously 
     transmitting and that support a measurable and viable means 
     of assessing data to identify and correct hazardous trends;
       (V) appropriate use of data for modifying behavior to 
     prevent accidents;
       (VI) the need to accommodate technological advancements in 
     flight data recording technology;
       (VII) data gathered from aviation safety reporting 
     programs;
       (VIII) appropriate methods to provide effective terrain 
     awareness and warning system (TAWS) protections while 
     mitigating nuisance alerts for aircraft;
       (IX) the need to accommodate the diversity of airworthiness 
     standards under part 27 and part 29 of title 14, Code of 
     Federal Regulations;
       (X) the need to accommodate diversity of operations and 
     mission sets;
       (XI) benefits of third-party data analysis for large and 
     small operations;
       (XII) accommodations necessary for small businesses; and
       (XIII) other issues as necessary.

       (D) Reports and regulations.--The Administrator shall--
       (i) not later than 20 months after the date of enactment of 
     this section, submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report based on the findings of the 
     aviation rulemaking committee;
       (ii) not later than 12 months after the date of submission 
     of the report under clause (i), and after consideration of 
     the recommendations of the aviation rulemaking committee, 
     issue an intent to proceed with proposed rulemakings 
     regarding each of the matters specified in clauses (i) 
     through (v) of subparagraph (A); and
       (iii) not later than 3 years after the date of enactment of 
     this section, issue a final rule with respect to each of the 
     matters specified in such clauses of subparagraph (A).
       (d) Expedited Process for Obtaining Certificates.--
       (1) In general.--The Administrator shall implement 
     procedures to improve the process for obtaining operating 
     certificates under part 119 of title 14, Code of Federal 
     Regulations.
       (2) Considerations.--In carrying out paragraph (1), 
     beginning on the date that is 18 months after the date of 
     enactment of this section, the Administrator shall give 
     priority consideration to operators that must obtain a 
     certificate in accordance with subsection (c)(1)(A).
       (3) Report required.--Not later than 1 year after the date 
     of enactment of this section, the Administrator shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing--
       (A) how the procedures implemented under paragraph (1) will 
     increase the efficiency of the process for obtaining 
     operating certificates under part 135 and part 119 of title 
     14, Code of Federal Regulations;
       (B) how considerations under paragraph (2) will be 
     incorporated into procedures implemented under paragraph (1); 
     and
       (C) any additional resources required to implement 
     procedures under paragraph (1).
       (4) Additional reports required.--Not later than 3 years 
     after the date of enactment of this section, and annually 
     thereafter the Administrator shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that--
       (A) includes--
       (i) data on certification approvals and denials; and
       (ii) data on duration of key phases of the certification 
     process; and
       (B) identifies certification policies in need of reform or 
     repeal.
       (e) Safety Requirements for Sport Parachute Operations.--
       (1) Aviation rulemaking committee.--The Administrator, 
     shall convene an aviation rulemaking committee to review and 
     develop findings and recommendations to inform--
       (A) rulemaking governing parachute operations conducted in 
     the United States that are subject to the requirements of 
     part 105 of title 14, Code of Federal Regulations, to 
     address--
       (i) Federal Aviation Administration-approved aircraft 
     maintenance and inspection programs that consider 
     requirements based on engine manufacturers' recommended 
     maintenance instructions, such as service bulletins and 
     service information letters for time between overhauls and 
     component life limits;
       (ii) initial and annual recurrent pilot proficiency 
     checking programs for pilots conducting parachute operations 
     that address, at a minimum, operation- and aircraft-specific 
     weight and balance calculations, preflight inspections, 
     emergency and recovery procedures, and parachutist egress 
     procedures for each type of aircraft flown; and
       (iii) initial and annual recurrent pilot review programs 
     for parachute operations pilots that address, at a minimum, 
     operation- specific and aircraft-specific weight and balance 
     calculations, preflight inspections, emergency and recovery 
     procedures, and parachutist egress procedures for each type 
     of aircraft flown, as well as competency flight checks to 
     determine pilot competence in practical skills and techniques 
     in each type of aircraft;
       (B) the revision of guidance material contained in Advisory 
     Circular 105-2E (relating to sport parachute jumping), to 
     include guidance for parachute operations in implementing the 
     Federal Aviation Administration-approved aircraft maintenance 
     and inspection program and the pilot training and pilot 
     proficiency checking programs required under any new or 
     revised regulations issued in accordance with subparagraph 
     (A); and
       (C) the revision of guidance materials issued in Order 
     8900.1 entitled ``Flight Standards Information Management 
     System'', to include guidance for Federal Aviation 
     Administration inspectors who oversee part 91 of title 14 
     Code of Federal Regulations, operations conducted under any 
     of the exceptions specified in section 119.1(e) of title 14, 
     Code of Federal Regulations, which include parachute 
     operations.
       (2) Membership.--The aviation rulemaking committee shall 
     consist of members appointed by the Administrator, 
     including--
       (A) representatives of industry, including manufacturers of 
     aircraft and aircraft technologies;
       (B) representatives of parachute operator organizations; 
     and
       (C) aviation safety experts with specific knowledge of 
     safety management systems and flight data monitoring programs 
     under part 135 and part 105 of title 14, Code of Federal 
     Regulations.
       (3) Duties.--
       (A) In general.--The Administrator shall direct the 
     aviation rulemaking committee to make findings and submit 
     recommendations regarding each of the matters specified in 
     subparagraphs (A) through (C) of paragraph (1).
       (B) Considerations.--In carrying out its duties under 
     subparagraph (A), the Administrator shall direct the aviation 
     rulemaking committee to consider--
       (i) findings and recommendations of the National 
     Transportation Safety Board generally as relevant and 
     specifically those related to parachute operations, including 
     the June 21, 2019, incident in Mokuleia, Hawaii;
       (ii) recommendations of previous aviation rulemaking 
     committees that considered similar issues;
       (iii) recommendations from industry safety organizations, 
     including, but not limited to, the United States Parachute 
     Association;
       (iv) appropriate use of data for modifying behavior to 
     prevent accidents;
       (v) data gathered from aviation safety reporting programs;
       (vi) the need to accommodate diversity of operations and 
     mission sets;
       (vii) accommodations necessary for small businesses; and
       (viii) other issues as necessary.
       (4) Reports and regulations.--The Administrator shall--
       (A) not later than 20 months after the date of enactment of 
     this section, submit a report based on the findings of the 
     aviation rulemaking committee to the Committee on Commerce, 
     Science, and Transportation of the Senate and to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives;

[[Page S5683]]

       (B) not later than 12 months after the date of submission 
     of the report under subparagraph (A), and after consideration 
     of the recommendations of the aviation rulemaking committee, 
     issue an intent to proceed with proposed rulemakings 
     regarding each of the matters specified in subparagraphs (A) 
     through (C) of paragraph (1); and
       (C) not later than 3 years after the date of enactment of 
     this section, issue a final rule with respect to each of the 
     matters specified in such subparagraphs of paragraph (1).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator, to remain available 
     until expended, such sums as necessary to carry out this 
     section.
                                 ______
                                 
  SA 6139. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. CRITICAL MINERAL SUPPLY CHAIN INDEPENDENCE FROM 
                   GEOSTRATEGIC COMPETITORS AND ADVERSARIES.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to expand mining and processing of critical minerals, 
     including rare earth elements, in the United States and in 
     allied countries to meet the needs of the United States 
     defense sector so that Department of Defense will achieve 
     critical mineral supply chain independence by 2027;
       (2) that the Department of Defense will procure critical 
     minerals processed by the United States and allied countries 
     to replenish and expand the National Defense Stockpile to 
     meet growing geopolitical threats by 2027; and
       (3) to develop critical mineral supply chains for the 
     Department of Defense that are not dependent on mining or 
     processing of critical minerals in countries that are 
     geostrategic competitors or adversaries of the United States.
       (b) Report on United States and Allied Processing of 
     Critical Minerals Required to Achieve Defense Supply Chain 
     Independence.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the appropriate 
     committees of Congress a report on the processing by the 
     United States and allied countries of critical minerals, 
     including rare earth elements, required to achieve supply 
     chain independence for the United States Armed Forces and 
     allied countries by 2027.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An estimate of the annual demand for processed critical 
     minerals for the United States Armed Forces and allied 
     countries.
       (B) An outline of the necessary processed critical minerals 
     value chain required to support the needs of the Department 
     of Defense.
       (C) An assessment of any gaps in the outline described in 
     subparagraph (B), indicating where sufficient United States 
     processing capacity exists and where such capacity does not 
     exist.
       (D) An identification of any Federal funds, including any 
     funds made available under title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.), being 
     deployed, as of the date of the report, to support 
     development of United States capacity to address those gaps.
       (E) An estimate of the additional capital investment 
     required to grow and operate sufficient United States 
     capacity to address those gaps.
       (F) An estimate of the annual funding necessary for the 
     Department of Defense to procure critical minerals processed 
     in the United States sufficient to meet the annual needs of 
     the Department, including consideration of increased 
     investments from private sector capital.
       (G) An estimate of the cost difference between the 
     Department of Defense--
       (i) sourcing critical minerals processed by the United 
     States;
       (ii) sourcing critical minerals processed by allied 
     countries; and
       (iii) sourcing critical minerals on the open market.
       (H) An assessment of what changes, if any, are necessary to 
     the acquisition policies of the Department of Defense to 
     ensure weapon suppliers use critical minerals processed by 
     the United States or allied countries.
       (I) An assessment of what changes, if any, to authorities 
     under title III of the Defense Production Act of 1950 are 
     necessary to enter into a long-term offtake agreement with 
     respect to critical minerals processed by the United States 
     or allied countries.
       (J) An assessment of the duration of potential contracts 
     necessary to prevent the collapse of United States processing 
     of critical minerals in the event of price fluctuations 
     resulting from increases in the export quota of the People's 
     Republic of China.
       (K) Recommendations for international cooperation with 
     allied countries to jointly reduce dependence on critical 
     minerals processed in or by the People's Republic of China.
       (c) Strategy to Transition the Supply Chain for the 
     National Defense Stockpile to United States and Allied-
     processed Critical Minerals by 2027.--
       (1) In general.--Not later than 90 days after the report 
     required by subsection (b) is submitted, the Director of the 
     Defense Logistics Agency, in coordination with the Under 
     Secretary of Defense for Acquisition and Sustainment, shall 
     develop, and submit to the appropriate committees of 
     Congress, a strategy to transition the supply chain for 
     critical minerals, including rare earths elements, in the 
     National Defense Stockpile away from reliance on geostrategic 
     competitors and adversaries of the United States by 2027, 
     through acquisition of critical minerals processed by--
       (A) the United States, with a preference given to critical 
     minerals processed in the United States; or
       (B) allied countries (excluding critical minerals processed 
     in a country that is a geostrategic competitor or adversary 
     of the United States), with preference given to critical 
     minerals processed in such countries.
       (2) Forecasted need of critical minerals.--The strategy 
     required by paragraph (1) shall be designed to meet the 
     forecasted need for critical minerals of the Department of 
     Defense through calendar year 2027 for--
       (A) planned procurements;
       (B) anticipated adoption of emerging technology; and
       (C) potential increases in the National Defense Stockpile 
     that would be needed if the Department implements the 
     guidance included in the Climate Adaptation Action Plan of 
     the Department of Defense, dated September 2021.
       (3) Elements.--The strategy required by paragraph (1) shall 
     include the following:
       (A) A list of critical minerals in the National Defense 
     Stockpile.
       (B) A priority ranking for transitioning the critical 
     minerals on the list required by subparagraph (A), developed 
     using, for each such mineral--
       (i) the percentage of the mineral processed by foreign 
     sources (excluding allied countries);
       (ii) the percentage of operational processing facilities 
     for the mineral located in the United States and in allied 
     countries, compared to foreign sources of the mineral 
     (excluding allied countries);
       (iii) the quantity of the mineral required to fulfill the 
     purposes set forth in section 2 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98a); and
       (iv) any other metric, as determined by the Director and 
     the Under Secretary, that may be an indicator of reliance on 
     foreign sources (excluding allied countries) for the mineral.
       (C) A process to replenish 50 percent of each mineral on 
     the list required by subparagraph (A) with the mineral 
     processed by United States or allied country processors 
     during the 1-year period after implementation of the 
     strategy.
       (D) A process to replenish 95 percent of each mineral on 
     the list required by subparagraph (A) with the mineral 
     processed by United States or allied country processors 
     during the 3-year period after implementation of the 
     strategy.
       (E) Recommendations to Congress with respect to any 
     authorities needed to implement the strategy.
       (F) Any other matters related to implementing the strategy 
     as the Director and the Under Secretary consider appropriate.
       (4) Implementation.--The Director and the Under Secretary 
     shall--
       (A) coordinate the implementation of the processes required 
     by subparagraphs (C) and (D) of paragraph (3) with the 
     Department of Defense and activities carried out by the 
     Department under title III of the Defense Production Act of 
     1950 (50 U.S.C. 4531 et seq.); and
       (B) to the greatest extent practicable, implement the 
     strategy required by paragraph (1) with respect to 
     acquisition of critical minerals for the National Defense 
     Stockpile with funds authorized to be appropriated by this 
     Act.
       (5) Briefings required.--Not later than 180 days after the 
     submission of the strategy required by paragraph (1), and 
     every 180 days thereafter, the Director and the Under 
     Secretary shall brief the appropriate committees of Congress 
     on implementation of the strategy.
       (d) Form of Report and Strategy.--The report required by 
     subsection (b) and the strategy required by subsection (c) 
     shall be submitted in classified form but shall include an 
     unclassified summary.
       (e) Definitions.--In this section:
       (1) Allied country.--The term ``allied country'' means--
       (A) a country of the national technology and industrial 
     base, as defined in section 4801 of title 10, United States 
     Code; or
       (B) another country that is an ally of the United States 
     and is identified by the Secretary of Defense for purposes of 
     this section.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Energy and Natural Resources, the 
     Committee on Armed Services, the Committee on Foreign 
     Relations, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate; and

[[Page S5684]]

       (B) the Committee on Natural Resources, the Committee on 
     Armed Services, the Committee on Foreign Affairs, and the 
     Committee on Financial Services of the House of 
     Representatives.
       (3) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
                                 ______
                                 
  SA 6140. Mr. TOOMEY (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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--Masih Alinejad HUNT Act of 2022

     SEC. 1281. SHORT TITLE.

       This title may be cited as the ``Masih Alinejad Harassment 
     and Unlawful Targeting Act of 2022'' or the ``Masih Alinejad 
     HUNT Act of 2022''.

     SEC. 1282. FINDINGS.

       Congress finds that the Government of the Islamic Republic 
     of Iran surveils, harasses, terrorizes, tortures, abducts, 
     and murders individuals who peacefully defend human rights 
     and freedoms in Iran, and innocent entities and individuals 
     considered by the Government of Iran to be enemies of that 
     regime, including United States citizens on United States 
     soil, and takes foreign nationals hostage, including in the 
     following instances:
       (1) In 2021, Iranian intelligence agents were indicted for 
     plotting to kidnap United States citizen, women's rights 
     activist, and journalist Masih Alinejad, from her home in New 
     York City, in retaliation for exercising her rights under the 
     First Amendment to the Constitution of the United States. 
     Iranian agents allegedly spent at least approximately half a 
     million dollars to capture the outspoken critic of the 
     authoritarianism of the Government of Iran, and studied 
     evacuating her by military-style speedboats to Venezuela 
     before rendition to Iran.
       (2) Prior to the New York kidnapping plot, Ms. Alinejad's 
     family in Iran was instructed by authorities to lure Ms. 
     Alinejad to Turkey. In an attempt to intimidate her into 
     silence, the Government of Iran arrested 3 of Ms. Alinejad's 
     family members in 2019, and sentenced her brother to 8 years 
     in prison for refusing to denounce her.
       (3) According to Federal prosecutors, the same Iranian 
     intelligence network that allegedly plotted to kidnap Ms. 
     Alinejad is also targeting critics of the Government of Iran 
     who live in Canada, the United Kingdom, and the United Arab 
     Emirates.
       (4) In 2021, an Iranian diplomat was convicted in Belgium 
     of attempting to carry out a 2018 bombing of a dissident 
     rally in France.
       (5) In 2021, a Danish high court found a Norwegian citizen 
     of Iranian descent guilty of illegal espionage and complicity 
     in a failed plot to kill an Iranian Arab dissident figure in 
     Denmark.
       (6) In 2021, the British Broadcasting Corporation (BBC) 
     appealed to the United Nations to protect BBC Persian 
     employees in London who suffer regular harassment and threats 
     of kidnapping by Iranian government agents.
       (7) In 2021, 15 militants allegedly working on behalf of 
     the Government of Iran were arrested in Ethiopia for plotting 
     to attack citizens of Israel, the United States, and the 
     United Arab Emirates, according to United States officials.
       (8) In 2020, Iranian agents allegedly kidnapped United 
     States resident and Iranian-German journalist Jamshid 
     Sharmahd, while he was traveling to India through Dubai. 
     Iranian authorities announced they had seized Mr. Sharmahd in 
     ``a complex operation'', and paraded him blindfolded on state 
     television. Mr. Sharmahd is arbitrarily detained in Iran, 
     allegedly facing the death penalty. In 2009, Mr. Sharmahd was 
     the target of an alleged Iran-directed assassination plot in 
     Glendora, California.
       (9) In 2020, the Government of Turkey released 
     counterterrorism files exposing how Iranian authorities 
     allegedly collaborated with drug gangs to kidnap Habib Chabi, 
     an Iranian-Swedish activist for Iran's Arab minority. In 
     2020, the Government of Iran allegedly lured Mr. Chabi to 
     Istanbul through a female agent posing as a potential lover. 
     Mr. Chabi was then allegedly kidnapped from Istanbul, and 
     smuggled into Iran where he faces execution, following a sham 
     trial.
       (10) In 2020, a United States-Iranian citizen and an 
     Iranian resident of California pleaded guilty to charges of 
     acting as illegal agents of the Government of Iran by 
     surveilling Jewish student facilities, including the Hillel 
     Center and Rohr Chabad Center at the University of Chicago, 
     in addition to surveilling and collecting identifying 
     information about United States citizens and nationals who 
     are critical of the Iranian regime.
       (11) In 2019, 2 Iranian intelligence officers at the 
     Iranian consulate in Turkey allegedly orchestrated the 
     assassination of Iranian dissident journalist Masoud Molavi 
     Vardanjani, who was shot while walking with a friend in 
     Istanbul. Unbeknownst to Mr. Molavi, his ``friend'' was in 
     fact an undercover Iranian agent and the leader of the 
     killing squad, according to a Turkish police report.
       (12) In 2019, around 1,500 people were allegedly killed 
     amid a less than 2 week crackdown by security forces on anti-
     government protests across Iran, including at least an 
     alleged 23 children and 400 women.
       (13) In 2019, Iranian operatives allegedly lured Paris-
     based Iranian journalist Ruhollah Zam to Iraq, where he was 
     abducted, and hanged in Iran for sedition.
       (14) In 2019, a Kurdistan regional court convicted an 
     Iranian female for trying to lure Voice of America reporter 
     Ali Javanmardi to a hotel room in Irbil, as part of a foiled 
     Iranian intelligence plot to kidnap and extradite Mr. 
     Javanmardi, a critic of the Government of Iran.
       (15) In 2019, Federal Bureau of Investigation agents 
     visited the rural Connecticut home of Iran-born United States 
     author and poet Roya Hakakian to warn her that she was the 
     target of an assassination plot orchestrated by the 
     Government of Iran.
       (16) In 2019, the Government of the Netherlands accused the 
     Government of Iran of directing the assassination of Iranian 
     Arab activist Ahmad Mola Nissi, in The Hague, and the 
     assassination of another opposition figure, Reza Kolahi 
     Samadi, who was murdered near Amsterdam in 2015.
       (17) In 2018, German security forces searched for 10 
     alleged spies who were working for Iran's al-Quds Force to 
     collect information on targets related to the local Jewish 
     community, including kindergartens.
       (18) In 2017, Germany convicted a Pakistani man for working 
     as an Iranian agent to spy on targets including a former 
     German lawmaker and a French-Israeli economics professor.
       (19) In 2012, an Iranian American pleaded guilty to 
     conspiring with members of the Iranian military to bomb a 
     popular Washington, DC, restaurant with the aim of 
     assassinating the ambassador of Saudi Arabia to the United 
     States.
       (20) In 1996, agents of the Government of Iran allegedly 
     assassinated 5 Iranian dissident exiles across Turkey, 
     Pakistan, and Baghdad, over a 5-month period that year.
       (21) In 1992, the Foreign and Commonwealth Office of the 
     United Kingdom expelled 2 Iranians employed at the Iranian 
     Embassy in London and a third Iranian on a student visa amid 
     allegations they were plotting to kill Indian-born British 
     American novelist Salman Rushdie, pursuant to the fatwa 
     issued by then supreme leader of Iran, Ayatollah Ruhollah 
     Khomeini.
       (22) In 1992, 4 Iranian Kurdish dissidents were 
     assassinated at a restaurant in Berlin, Germany, allegedly by 
     Iranian agents.
       (23) In 1992, singer, actor, poet, and gay Iranian 
     dissident Fereydoun Farrokhzad was found dead with multiple 
     stab wounds in his apartment in Germany. His death is 
     allegedly the work of Iran-directed agents.
       (24) In 1980, Ali Akbar Tabatabaei, a leading critic of 
     Iran and then president of the Iran Freedom Foundation, was 
     murdered in front of his Bethesda, Maryland, home by an 
     assassin disguised as a postal courier. The Federal Bureau of 
     Investigation had identified the ``mailman'' as Dawud 
     Salahuddin, born David Theodore Belfield. Mr. Salahuddin was 
     working as a security guard at an Iranian interest office in 
     Washington, DC, when he claims he accepted the assignment and 
     payment of $5,000 from the Government of Iran to kill Mr. 
     Tabatabaei.
       (25) Other exiled Iranian dissidents alleged to have been 
     victims of the Government of Iran's murderous 
     extraterritorial campaign include Shahriar Shafiq, Shapour 
     Bakhtiar, and Gholam Ali Oveissi.
       (26) Iranian Americans face an ongoing campaign of 
     intimidation both in the virtual and physical world by agents 
     and affiliates of the Government of Iran, which aims to 
     stifle freedom of expression and eliminate the threat Iranian 
     authorities believe democracy, justice, and gender equality 
     pose to their rule.

     SEC. 1283. DEFINITIONS.

       In this title:
       (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) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (3) Correspondent account; payable-through account.--The 
     terms ``correspondent account'' and ``payable-through 
     account'' have the meanings given those terms in section 
     5318A of title 31, United States Code.
       (4) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning of that term as 
     determined by the Secretary of the Treasury pursuant to 
     section 104(i) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513(i)).
       (5) Foreign person.--The term ``foreign person'' means any 
     individual or entity that is not a United States person.

[[Page S5685]]

       (6) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1284. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN 
                   ABUSES TOWARD DISSIDENTS ON BEHALF OF THE 
                   GOVERNMENT OF IRAN.

       (a) Report Required.--
       (1) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of the Treasury, the Director 
     of National Intelligence, and the Attorney General, shall 
     submit to the appropriate congressional committees a report 
     that--
       (A) includes a detailed description and assessment of--
       (i) the state of human rights and the rule of law inside 
     Iran, including the rights and well-being of women, religious 
     and ethnic minorities, and the LGBTQ community in Iran;
       (ii) actions taken by the Government of Iran during the 
     year preceding submission of the report to target and silence 
     dissidents both inside and outside of Iran who advocate for 
     human rights inside Iran;
       (iii) the methods used by the Government of Iran to target 
     and silence dissidents both inside and outside of Iran; and
       (iv) the means through which the Government of Iran 
     finances efforts to target and silence dissidents both inside 
     and outside of Iran;
       (B) identifies foreign persons working as part of the 
     Government of Iran or acting on behalf of that Government 
     (including members of paramilitary organizations such as 
     Ansar-e-Hezbollah and Basij-e Mostaz'afin), that the 
     Secretary of State determines, based on credible evidence, 
     are knowingly responsible for, complicit in or involved in 
     ordering, conspiring, planning or implementing the 
     surveillance, harassment, kidnapping, illegal extradition, 
     imprisonment, torture, killing, or assassination of citizens 
     of Iran (including citizens of Iran of dual nationality) or 
     citizens of the United States inside or outside Iran who 
     seek--
       (i) to expose illegal or corrupt activity carried out by 
     officials of the Government of Iran;
       (ii) to obtain, exercise, defend, or promote 
     internationally recognized human rights and freedoms, such as 
     the freedoms of religion, expression, association, and 
     assembly, and the rights to a fair trial and democratic 
     elections, in Iran; or
       (iii) to obtain, exercise, defend, or promote the rights 
     and well-being of women, religious and ethnic minorities, and 
     the LGBTQ community in Iran; and
       (C) includes, for each foreign person identified 
     subparagraph (B), a clear explanation for why the foreign 
     person was so identified.
       (2) Updates of report.--The report required by paragraph 
     (1) shall be updated, and the updated version submitted to 
     the appropriate congressional committees, during the 10-year 
     period following the date of the enactment of this Act--
       (A) not less frequently than annually; and
       (B) with respect to matters relating to the identification 
     of foreign persons under paragraph (1)(B), on an ongoing 
     basis as new information becomes available.
       (3) Form of report.--
       (A) In general.--Each report required by paragraph (1) and 
     each update required by paragraph (2) shall be submitted in 
     unclassified form but may include a classified annex.
       (B) Public availability.--The Secretary of State shall post 
     the unclassified portion of each report required by paragraph 
     (1) and each update required by paragraph (2) on a publicly 
     available internet website of the Department of State.
       (b) Imposition of Sanctions.--In the case of a foreign 
     person identified under paragraph (1)(B) of subsection (a) in 
     the most recent report or update submitted under that 
     subsection, the President shall--
       (1) if the foreign person meets the criteria for the 
     imposition of sanctions under subsection (a) of section 1263 
     of the Global Magnitsky Human Rights Accountability Act (22 
     U.S.C. 10102), impose sanctions under subsection (b) of that 
     section; and
       (2) if the foreign person does not meet such criteria, 
     impose the sanctions described in subsection (c).
       (c) Sanctions Described.--The sanctions to be imposed under 
     this subsection with respect to a foreign person are the 
     following:
       (1) Blocking of property.--The President shall exercise all 
     powers granted to the President by the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     all property and interests in property of the person if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) In general.--
       (i) Visas, admission, or parole.--An alien described in 
     subsection (a)(1)(B) 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.).

       (ii) Current visas revoked.--

       (I) In general.--The visa or other entry documentation of 
     an alien described in subsection (a)(1)(B) shall be revoked, 
     regardless of when such visa or other entry documentation is 
     or was issued.
       (II) Immediate effect.--A revocation under subclause (I) 
     shall--

       (aa) take effect immediately; and
       (bb) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (d) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to a person if the President determines and reports to the 
     appropriate congressional committees, not later than 15 days 
     before the termination of the sanctions that--
       (1) credible information exists that the person did not 
     engage in the activity for which sanctions were imposed;
       (2) the person has been prosecuted appropriately for the 
     activity for which sanctions were imposed; or
       (3) the person has--
       (A) credibly demonstrated a significant change in behavior;
       (B) has paid an appropriate consequence for the activity 
     for which sanctions were imposed; and
       (C) has credibly committed to not engage in an activity 
     described in subsection (a) in the future.

     SEC. 1285. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   FOREIGN FINANCIAL INSTITUTIONS CONDUCTING 
                   SIGNIFICANT TRANSACTIONS WITH PERSONS 
                   RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD 
                   DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.

       (a) Report Required.--
       (1) In general.--Not earlier than 30 days and not later 
     than 60 days after the Secretary of State submits to the 
     appropriate congressional committees a report required by 
     section 1284(a), the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall submit to the 
     appropriate congressional committees a report that identifies 
     any foreign financial institution that knowingly conducts a 
     significant transaction with a foreign person identified in 
     the report submitted under section 1284(a).
       (2) Form of report.--
       (A) In general.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (B) Public availability.--The Secretary of the Treasury 
     shall post the unclassified portion of each report required 
     by paragraph (1) on a publicly available internet website of 
     the Department of the Treasury.
       (b) Imposition of Sanctions.--The Secretary of the Treasury 
     may prohibit the opening, or prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution identified under subsection 
     (a)(1).

     SEC. 1286. EXCEPTIONS; WAIVERS; IMPLEMENTATION.

       (a) Exceptions.--
       (1) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under sections 1284 
     and 1285 shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under section 1284(c)(2) shall not 
     apply with respect to the admission of an alien to the United 
     States if the admission of the alien 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, the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or other 
     applicable international obligations.
       (b) National Security Waiver.--The President may waive the 
     application of sanctions under section 1284 with respect to a 
     person if the President--
       (1) determines that the waiver is in the national security 
     interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     report on the waiver and the reasons for the waiver.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this Act.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     section 1284(b)(1) or 1285(b) or any regulation, license, or 
     order issued to carry out either such section shall be 
     subject to the penalties set forth in subsections (b) and (c) 
     of section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) to the same extent as a

[[Page S5686]]

     person that commits an unlawful act described in subsection 
     (a) of that section.

     SEC. 1287. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--Notwithstanding any other provision of 
     this title, the authorities and requirements to impose 
     sanctions under this title shall not include the authority or 
     a requirement to impose sanctions on the importation of 
     goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.
                                 ______
                                 
  SA 6141. Mr. PADILLA (for himself 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:

     SEC. ___. ADDITIONAL FUNDING FOR ADVANCED COMPONENT 
                   DEVELOPMENT AND PROTOTYPES FOR DISTRIBUTED 
                   APERTURE INFRARED COUNTERMEASURE SYSTEMS.

       (a) Additional Funding.--Of the amount authorized to be 
     appropriated by section 201 for research, development, test, 
     and evaluation, the amount made available pursuant to the 
     funding table in section 4201 for tactical air directional 
     infrared countermeasures (TADIRCM) (PE 0604272N) is hereby 
     increased by $30,000,000, with the amount of the increase to 
     be available for advanced component development and 
     prototypes for distributed aperture infrared countermeasure 
     systems.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201 for research, development, test, and evaluation, 
     the amount made available pursuant to the funding table in 
     section 4201 for management support, management, technical 
     and international support (PE 0605853N) is hereby decreased 
     by $30,000,000.
                                 ______
                                 
  SA 6142. 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. ___. ADDITIONAL FUNDING TO OPERATIONALIZE FOREIGN 
                   LANGUAGE EXPLOITATION CAPABILITIES.

       (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 $10,000,000, with the amount of the increase to 
     be available for ISR Modernization and Automation Development 
     (IMAD) (PE 0603382C) to operationalize foreign language 
     exploitation capabilities.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2023 by section 301 for operation and maintenance 
     is hereby decreased by $10,000,000, with the amount of the 
     decrease to come from a reduction in availability for Other 
     Personnel Support set forth on line 480 of the funding table 
     in section 4301.
                                 ______
                                 
  SA 6143. 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. ___. ENLISTMENT OF CERTAIN ALIENS AND LEGAL STATUS FOR 
                   SUCH ALIEN ENLISTEES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101 of 
     title 10, United States Code.
       (3) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (b) Enlistment in the Armed Forces for Certain Aliens.--
     Subsection (b)(1) of section 504 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D)(i) An alien who--
       ``(I) subject to clause (ii), has been continuously 
     physically present in the United States for five years;
       ``(II) has completed, to the satisfaction of the Secretary 
     of Defense, the same background investigation process as is 
     required of qualified individuals seeking enlistment in an 
     armed force;
       ``(III) meets all other standards set forth for enlistment 
     in an armed force; and
       ``(IV) has been granted deferred action pursuant to the 
     Deferred Action for Childhood Arrivals policy announced by 
     the Secretary of Homeland Security on June 15, 2012;

       ``(aa) has been granted temporary protected status under 
     section 244 of the Immigration and Nationality Act (8 U.S.C. 
     1254a);
       ``(bb) is in possession of a valid, unexpired immigrant 
     visa; or
       ``(cc) is in possession of a valid, unexpired F, M, H-1B, 
     H1-B1, O, TN/TD, H-2A, H-2B nonimmigrant visa.

       ``(ii) An alien described in clause (i) who has departed 
     the United States during the five-year period referred to in 
     subclause (I) of that clause shall be eligible to enlist if 
     the alien so departed pursuant to an approved travel 
     document.''.
       (c) Lawful Permanent Residence for Certain Alien Enlistees 
     of the Armed Forces.--
       (1) Adjustment of status.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security or the Attorney 
     General shall adjust the status of an alien to that of 
     lawfully admitted for permanent residence if the alien--
       (i)(I) subject to subparagraph (C), is not inadmissible 
     under paragraph (1), (6)(E), or (8) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a));
       (II) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (III) is not barred from adjustment of status under this 
     Act based on the criminal and national security grounds 
     described under paragraph (2), subject to the provisions of 
     such paragraph;
       (ii) has taken an enlistment oath under section 502 of 
     title 10, United States Code; and
       (iii) has reported to and, subject to subparagraph (B), has 
     successfully completed initial entry training.
       (B) Medical exception.--The Secretary of Homeland Security 
     or the Attorney General shall adjust the status of an alien 
     to that of lawfully admitted for permanent residence an alien 
     who meets the qualifications under clauses (i) and (ii) of 
     subparagraph (A), but who has not successfully completed 
     initial entry training for medical reasons, if such medical 
     reasons are certified by the Secretary of the applicable 
     military department.
       (C) Waiver of grounds of inadmissibility.--With respect to 
     any benefit under this subsection, and in addition to the 
     waivers under paragraph (2)(C), the Secretary of Homeland 
     Security may waive the grounds of inadmissibility under 
     paragraph (1) or (6)(E) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
     purposes, for family unity, or because the waiver is 
     otherwise in the public interest.
       (D) Application fee.--
       (i) In general.--The Secretary of Homeland Security may, 
     subject to an exemption under clause (ii), require an alien 
     applying under this subsection to pay a reasonable fee that 
     is commensurate with the cost of processing the application, 
     but does not exceed $495.
       (ii) Exemption.--An applicant may be exempted from paying 
     an application fee required under this subsection if the 
     applicant--

       (I) is 18 years of age or younger;
       (II) received total household income, during the 1-year 
     period immediately preceding the date on which the applicant 
     files an application under this subsection, that is at or 
     below 150 percent of the Federal poverty line; or
       (III) is in foster care or otherwise lacks any parental or 
     other familial support.

       (E) Submission of biometric and biographic data; background 
     checks.--
       (i) Submission of biometric and biographic data.--The 
     Secretary of Homeland Security may not grant an alien 
     adjustment of status under this subsection unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security shall provide an 
     alternative procedure for aliens who are unable to provide 
     such biometric or biographic data because of a physical 
     impairment.
       (ii) Background checks.--The Secretary of Homeland Security 
     shall use biometric, biographic, and other data that the 
     Secretary of Homeland Security determines appropriate to 
     conduct security and law enforcement background checks and to 
     determine whether there is any criminal, national security,

[[Page S5687]]

     or other factor that would render the alien ineligible for 
     adjustment of status under this subsection. The status of an 
     alien may not be adjusted unless security and law enforcement 
     background checks are completed to the satisfaction of the 
     Secretary of Homeland Security.
       (2) Criminal and national security bars.--
       (A) Definitions.--In this paragraph:
       (i) Crime of domestic violence.--The term ``crime of 
     domestic violence'' means any offense that has as an element 
     the use, attempted use, or threatened use of physical force 
     against a person committed by a current or former spouse of 
     the person, by an individual with whom the person shares a 
     child in common, by an individual who is cohabiting with or 
     has cohabited with the person as a spouse, by an individual 
     similarly situated to a spouse of the person under the 
     domestic or family violence laws of the jurisdiction where 
     the offense occurs, or by any other individual against a 
     person who is protected from that individual's acts under the 
     domestic or family violence laws of the United States or any 
     State, a Tribal government, or a unit of local government.
       (ii) Felony offense.--The term ``felony offense'' means an 
     offense under Federal or State law that is punishable by a 
     maximum term of imprisonment of more than 1 year.
       (iii) Misdemeanor offense.--The term ``misdemeanor 
     offense'' means an offense under Federal or State law that is 
     punishable by a term of imprisonment of more than 5 days but 
     not more than 1 year.
       (B) Grounds of ineligibility.--Except as provided in 
     subparagraph (C), an alien is ineligible for adjustment of 
     status under this subsection if any of the following apply:
       (i) The alien is inadmissible under paragraph (2) or (3) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (ii) Excluding any offense under State law for which an 
     essential element is the alien's immigration status, and any 
     minor traffic offense, the alien has been convicted of--

       (I) any felony offense;
       (II) 3 or more misdemeanor offenses (excluding simple 
     possession of cannabis or cannabis-related paraphernalia, any 
     offense involving cannabis or cannabis-related paraphernalia 
     which is no longer prosecutable in the State in which the 
     conviction was entered, and any offense involving civil 
     disobedience without violence) not occurring on the same 
     date, and not arising out of the same act, omission, or 
     scheme of misconduct; or
       (III) a misdemeanor offense of domestic violence, unless 
     the alien demonstrates that such crime is related to the 
     alien having been--

       (aa) a victim of domestic violence, sexual assault, 
     stalking, child abuse or neglect, abuse or neglect in later 
     life, or human trafficking;
       (bb) battered or subjected to extreme cruelty; or
       (cc) a victim of criminal activity described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(U)(iii)).
       (C) Waivers for certain misdemeanors.--For humanitarian 
     purposes, family unity, or if otherwise in the public 
     interest, the Secretary of Homeland Security may--
       (i) waive the grounds of inadmissibility under 
     subparagraphs (A), (C), and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     the conviction forming the basis for inadmissibility would 
     otherwise render the alien ineligible under subparagraph 
     (B)(ii) (subject to clause (ii)); and
       (ii) for purposes of subclauses (II) and (III) of 
     subparagraph (B)(ii), waive consideration of--

       (I) one misdemeanor offense if the alien has not been 
     convicted of any offense in the 5-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection; or
       (II) up to 2 misdemeanor offenses if the alien has not been 
     convicted of any offense in the 10-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection.

       (3) Rescission.--
       (A) In general.--Section 246 of the Immigration and 
     Nationality Act (8 U.S.C. 1256) shall apply to an alien whose 
     status is adjusted under paragraph (1).
       (B) Other grounds applicable.--
       (i) In general.--The Secretary of Homeland Security may 
     rescind the lawful permanent resident status of an alien 
     whose status was adjusted under paragraph (1) if, during the 
     5-year period beginning on the date on which such status was 
     granted, the Secretary of Defense characterizes any period of 
     the alien's service in the Armed Forces as other than 
     honorable, bad conduct, or dishonorable.
       (ii) Exception.--The Secretary of Homeland Security may not 
     rescind the lawful permanent resident status of an alien 
     under this subparagraph based on any period of an alien's 
     service in the Armed Forces that is uncharacterized by the 
     Secretary of Defense.
       (C) Proof of service characterization.--For purposes of 
     this paragraph, proof of characterization of service in the 
     Armed Forces shall be authenticated by the Secretary of 
     Defense.
       (4) Confidentiality of information.--
       (A) In general.--The Secretary of Homeland Security or the 
     Secretary of Defense may not disclose or use for purposes of 
     immigration enforcement information provided in--
       (i) documentation filed under this subsection; or
       (ii) enlistment applications filed, or inquiries made, 
     under section 504(b)(1)(D) of title 10, United States Code.
       (B) Treatment of records.--
       (i) In general.--Documentation filed under this 
     subsection--

       (I) shall be collected pursuant to section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974''); and
       (II) may not be disclosed under subsection (b)(7) of that 
     section for purposes of immigration enforcement.

       (ii) Destruction.--In the cases of individuals who attempt 
     to enlist but do not successfully do so, the Secretary of 
     Homeland Security and the Secretary of Defense shall destroy 
     information provided in documentation filed under this 
     subsection not later than 60 days after the date on which the 
     individual concerned is denied enlistment or fails to 
     complete basic training, as applicable, except in the case of 
     an alien described in paragraph (1)(B).
       (C) Referrals prohibited.--The Secretary of Homeland 
     Security or the Secretary of Defense (or any designee of the 
     Secretary of Homeland Security or the Secretary of Defense) 
     based solely on information provided in an application for 
     adjustment of status under this subsection or an enlistment 
     application filed, or an inquiry made, under section 
     504(b)(1)(D) of title 10, United States Code, may not refer 
     an individual to U.S. Immigration and Customs Enforcement, 
     U.S. Customs and Border Protection.
       (D) Limited exception.--Notwithstanding subparagraphs (A) 
     through (C), information provided in an application for 
     adjustment of status under this subsection may be shared with 
     Federal security and law enforcement agencies--
       (i) for assistance in the consideration of an application 
     for adjustment of status under this subsection;
       (ii) to identify or prevent fraudulent claims;
       (iii) for national security purposes pursuant to section 
     6611 of the National Defense Authorization Act for Fiscal 
     Year 2020 (50 U.S.C. 3352f); or
       (iv) for the investigation or prosecution of any Federal 
     crime, except any offense, other than a fraud or false 
     statement offense, that is--

       (I) related to immigration status; or
       (II) a petty offense (as defined in section 19 of title 18, 
     United States Code).

       (E) Penalty.--Any person who knowingly and willfully uses, 
     publishes, or examines, or permits such use, publication, or 
     examination of, any information produced or provided by, or 
     collected from, any source or person under this section and 
     in violation of this subsection shall be guilty of a 
     misdemeanor and fined not more than $5,000.
       (5) Rule of construction.--Nothing in this section, or an 
     amendment made by this section, may be construed to modify--
       (A) the process prescribed by sections 328, 329, and 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 
     1440-1) by which a person may naturalize through service in 
     the Armed Forces; or
       (B) the qualifications for original enlistment in any 
     component of the Armed Forces otherwise prescribed by law or 
     the Secretary of Defense.
                                 ______
                                 
  SA 6144. 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. ___. ENLISTMENT OF CERTAIN ALIENS AND LEGAL STATUS FOR 
                   SUCH ALIEN ENLISTEES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101 of 
     title 10, United States Code.
       (3) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (b) Enlistment in the Armed Forces for Certain Aliens.--
     Subsection (b)(1) of section 504 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D)(i) An alien who--
       ``(I) subject to clause (ii), has been continuously 
     physically present in the United States for five years;
       ``(II) has completed, to the satisfaction of the Secretary 
     of Defense, the same background investigation process as is 
     required of qualified individuals seeking enlistment in an 
     armed force;
       ``(III) meets all other standards set forth for enlistment 
     in an armed force; and

[[Page S5688]]

       ``(IV)(aa) has been granted deferred action pursuant to the 
     Deferred Action for Childhood Arrivals policy announced by 
     the Secretary of Homeland Security on June 15, 2012;
       ``(bb) has been granted temporary protected status under 
     section 244 of the Immigration and Nationality Act (8 U.S.C. 
     1254a); or
       ``(cc) is in possession of a valid, unexpired immigrant 
     visa.
       ``(ii) An alien described in clause (i) who has departed 
     the United States during the five-year period referred to in 
     subclause (I) of that clause shall be eligible to enlist if 
     the alien so departed pursuant to an approved travel 
     document.''.
       (c) Lawful Permanent Residence for Certain Alien Enlistees 
     of the Armed Forces.--
       (1) Adjustment of status.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security or the Attorney 
     General shall adjust the status of an alien to that of 
     lawfully admitted for permanent residence if the alien--
       (i)(I) subject to subparagraph (C), is not inadmissible 
     under paragraph (1), (6)(E), or (8) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a));
       (II) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (III) is not barred from adjustment of status under this 
     Act based on the criminal and national security grounds 
     described under paragraph (2), subject to the provisions of 
     such paragraph;
       (ii) has taken an enlistment oath under section 502 of 
     title 10, United States Code; and
       (iii) has reported to and, subject to subparagraph (B), has 
     successfully completed initial entry training.
       (B) Medical exception.--The Secretary of Homeland Security 
     or the Attorney General shall adjust the status of an alien 
     to that of lawfully admitted for permanent residence an alien 
     who meets the qualifications under clauses (i) and (ii) of 
     subparagraph (A), but who has not successfully completed 
     initial entry training for medical reasons, if such medical 
     reasons are certified by the Secretary of the applicable 
     military department.
       (C) Waiver of grounds of inadmissibility.--With respect to 
     any benefit under this subsection, and in addition to the 
     waivers under paragraph (2)(C), the Secretary of Homeland 
     Security may waive the grounds of inadmissibility under 
     paragraph (1) or (6)(E) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
     purposes, for family unity, or because the waiver is 
     otherwise in the public interest.
       (D) Application fee.--
       (i) In general.--The Secretary of Homeland Security may, 
     subject to an exemption under clause (ii), require an alien 
     applying under this subsection to pay a reasonable fee that 
     is commensurate with the cost of processing the application, 
     but does not exceed $495.
       (ii) Exemption.--An applicant may be exempted from paying 
     an application fee required under this subsection if the 
     applicant--

       (I) is 18 years of age or younger;
       (II) received total household income, during the 1-year 
     period immediately preceding the date on which the applicant 
     files an application under this subsection, that is at or 
     below 150 percent of the Federal poverty line; or
       (III) is in foster care or otherwise lacks any parental or 
     other familial support.

       (E) Submission of biometric and biographic data; background 
     checks.--
       (i) Submission of biometric and biographic data.--The 
     Secretary of Homeland Security may not grant an alien 
     adjustment of status under this subsection unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security shall provide an 
     alternative procedure for aliens who are unable to provide 
     such biometric or biographic data because of a physical 
     impairment.
       (ii) Background checks.--The Secretary of Homeland Security 
     shall use biometric, biographic, and other data that the 
     Secretary of Homeland Security determines appropriate to 
     conduct security and law enforcement background checks and to 
     determine whether there is any criminal, national security, 
     or other factor that would render the alien ineligible for 
     adjustment of status under this subsection. The status of an 
     alien may not be adjusted unless security and law enforcement 
     background checks are completed to the satisfaction of the 
     Secretary of Homeland Security.
       (2) Criminal and national security bars.--
       (A) Definitions.--In this paragraph:
       (i) Crime of domestic violence.--The term ``crime of 
     domestic violence'' means any offense that has as an element 
     the use, attempted use, or threatened use of physical force 
     against a person committed by a current or former spouse of 
     the person, by an individual with whom the person shares a 
     child in common, by an individual who is cohabiting with or 
     has cohabited with the person as a spouse, by an individual 
     similarly situated to a spouse of the person under the 
     domestic or family violence laws of the jurisdiction where 
     the offense occurs, or by any other individual against a 
     person who is protected from that individual's acts under the 
     domestic or family violence laws of the United States or any 
     State, a Tribal government, or a unit of local government.
       (ii) Felony offense.--The term ``felony offense'' means an 
     offense under Federal or State law that is punishable by a 
     maximum term of imprisonment of more than 1 year.
       (iii) Misdemeanor offense.--The term ``misdemeanor 
     offense'' means an offense under Federal or State law that is 
     punishable by a term of imprisonment of more than 5 days but 
     not more than 1 year.
       (B) Grounds of ineligibility.--Except as provided in 
     subparagraph (C), an alien is ineligible for adjustment of 
     status under this subsection if any of the following apply:
       (i) The alien is inadmissible under paragraph (2) or (3) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (ii) Excluding any offense under State law for which an 
     essential element is the alien's immigration status, and any 
     minor traffic offense, the alien has been convicted of--

       (I) any felony offense;
       (II) 3 or more misdemeanor offenses (excluding simple 
     possession of cannabis or cannabis-related paraphernalia, any 
     offense involving cannabis or cannabis-related paraphernalia 
     which is no longer prosecutable in the State in which the 
     conviction was entered, and any offense involving civil 
     disobedience without violence) not occurring on the same 
     date, and not arising out of the same act, omission, or 
     scheme of misconduct; or
       (III) a misdemeanor offense of domestic violence, unless 
     the alien demonstrates that such crime is related to the 
     alien having been--

       (aa) a victim of domestic violence, sexual assault, 
     stalking, child abuse or neglect, abuse or neglect in later 
     life, or human trafficking;
       (bb) battered or subjected to extreme cruelty; or
       (cc) a victim of criminal activity described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(U)(iii)).
       (C) Waivers for certain misdemeanors.--For humanitarian 
     purposes, family unity, or if otherwise in the public 
     interest, the Secretary of Homeland Security may--
       (i) waive the grounds of inadmissibility under 
     subparagraphs (A), (C), and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     the conviction forming the basis for inadmissibility would 
     otherwise render the alien ineligible under subparagraph 
     (B)(ii) (subject to clause (ii)); and
       (ii) for purposes of subclauses (II) and (III) of 
     subparagraph (B)(ii), waive consideration of--

       (I) one misdemeanor offense if the alien has not been 
     convicted of any offense in the 5-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection; or
       (II) up to 2 misdemeanor offenses if the alien has not been 
     convicted of any offense in the 10-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection.

       (3) Rescission.--
       (A) In general.--Section 246 of the Immigration and 
     Nationality Act (8 U.S.C. 1256) shall apply to an alien whose 
     status is adjusted under paragraph (1).
       (B) Other grounds applicable.--
       (i) In general.--The Secretary of Homeland Security may 
     rescind the lawful permanent resident status of an alien 
     whose status was adjusted under paragraph (1) if, during the 
     5-year period beginning on the date on which such status was 
     granted, the Secretary of Defense characterizes any period of 
     the alien's service in the Armed Forces as other than 
     honorable, bad conduct, or dishonorable.
       (ii) Exception.--The Secretary of Homeland Security may not 
     rescind the lawful permanent resident status of an alien 
     under this subparagraph based on any period of an alien's 
     service in the Armed Forces that is uncharacterized by the 
     Secretary of Defense.
       (C) Proof of service characterization.--For purposes of 
     this paragraph, proof of characterization of service in the 
     Armed Forces shall be authenticated by the Secretary of 
     Defense.
       (4) Confidentiality of information.--
       (A) In general.--The Secretary of Homeland Security or the 
     Secretary of Defense may not disclose or use for purposes of 
     immigration enforcement information provided in--
       (i) documentation filed under this subsection; or
       (ii) enlistment applications filed, or inquiries made, 
     under section 504(b)(1)(D) of title 10, United States Code.
       (B) Treatment of records.--
       (i) In general.--Documentation filed under this 
     subsection--

       (I) shall be collected pursuant to section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974''); and
       (II) may not be disclosed under subsection (b)(7) of that 
     section for purposes of immigration enforcement.

       (ii) Destruction.--In the cases of individuals who attempt 
     to enlist but do not successfully do so, the Secretary of 
     Homeland Security and the Secretary of Defense shall

[[Page S5689]]

     destroy information provided in documentation filed under 
     this subsection not later than 60 days after the date on 
     which the individual concerned is denied enlistment or fails 
     to complete basic training, as applicable, except in the case 
     of an alien described in paragraph (1)(B).
       (C) Referrals prohibited.--The Secretary of Homeland 
     Security or the Secretary of Defense (or any designee of the 
     Secretary of Homeland Security or the Secretary of Defense) 
     based solely on information provided in an application for 
     adjustment of status under this subsection or an enlistment 
     application filed, or an inquiry made, under section 
     504(b)(1)(D) of title 10, United States Code, may not refer 
     an individual to U.S. Immigration and Customs Enforcement, 
     U.S. Customs and Border Protection.
       (D) Limited exception.--Notwithstanding subparagraphs (A) 
     through (C), information provided in an application for 
     adjustment of status under this subsection may be shared with 
     Federal security and law enforcement agencies--
       (i) for assistance in the consideration of an application 
     for adjustment of status under this subsection;
       (ii) to identify or prevent fraudulent claims;
       (iii) for national security purposes pursuant to section 
     6611 of the National Defense Authorization Act for Fiscal 
     Year 2020 (50 U.S.C. 3352f); or
       (iv) for the investigation or prosecution of any Federal 
     crime, except any offense, other than a fraud or false 
     statement offense, that is--

       (I) related to immigration status; or
       (II) a petty offense (as defined in section 19 of title 18, 
     United States Code).

       (E) Penalty.--Any person who knowingly and willfully uses, 
     publishes, or examines, or permits such use, publication, or 
     examination of, any information produced or provided by, or 
     collected from, any source or person under this section and 
     in violation of this subsection shall be guilty of a 
     misdemeanor and fined not more than $5,000.
       (5) Rule of construction.--Nothing in this section, or an 
     amendment made by this section, may be construed to modify--
       (A) the process prescribed by sections 328, 329, and 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 
     1440-1) by which a person may naturalize through service in 
     the Armed Forces; or
       (B) the qualifications for original enlistment in any 
     component of the Armed Forces otherwise prescribed by law or 
     the Secretary of Defense.
                                 ______
                                 
  SA 6145. 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. ___. ENLISTMENT OF CERTAIN ALIENS AND LEGAL STATUS FOR 
                   SUCH ALIEN ENLISTEES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101 of 
     title 10, United States Code.
       (3) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (b) Enlistment in the Armed Forces for Certain Aliens.--
     Subsection (b)(1) of section 504 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D)(i) An alien who--
       ``(I) subject to clause (ii), has been continuously 
     physically present in the United States for five years;
       ``(II) has completed, to the satisfaction of the Secretary 
     of Defense, the same background investigation process as is 
     required of qualified individuals seeking enlistment in an 
     armed force;
       ``(III) meets all other standards set forth for enlistment 
     in an armed force; and
       ``(IV) has been granted deferred action pursuant to the 
     Deferred Action for Childhood Arrivals policy announced by 
     the Secretary of Homeland Security on June 15, 2012.
       ``(ii) An alien described in clause (i) who has departed 
     the United States during the five-year period referred to in 
     subclause (I) of that clause shall be eligible to enlist if 
     the alien so departed pursuant to an approved travel 
     document.''.
       (c) Lawful Permanent Residence for Certain Alien Enlistees 
     of the Armed Forces.--
       (1) Adjustment of status.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security or the Attorney 
     General shall adjust the status of an alien to that of 
     lawfully admitted for permanent residence if the alien--
       (i)(I) subject to subparagraph (C), is not inadmissible 
     under paragraph (1), (6)(E), or (8) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a));
       (II) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (III) is not barred from adjustment of status under this 
     Act based on the criminal and national security grounds 
     described under paragraph (2), subject to the provisions of 
     such paragraph;
       (ii) has taken an enlistment oath under section 502 of 
     title 10, United States Code; and
       (iii) has reported to and, subject to subparagraph (B), has 
     successfully completed initial entry training.
       (B) Medical exception.--The Secretary of Homeland Security 
     or the Attorney General shall adjust the status of an alien 
     to that of lawfully admitted for permanent residence an alien 
     who meets the qualifications under clauses (i) and (ii) of 
     subparagraph (A), but who has not successfully completed 
     initial entry training for medical reasons, if such medical 
     reasons are certified by the Secretary of the applicable 
     military department.
       (C) Waiver of grounds of inadmissibility.--With respect to 
     any benefit under this subsection, and in addition to the 
     waivers under paragraph (2)(C), the Secretary of Homeland 
     Security may waive the grounds of inadmissibility under 
     paragraph (1) or (6)(E) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
     purposes, for family unity, or because the waiver is 
     otherwise in the public interest.
       (D) Application fee.--
       (i) In general.--The Secretary of Homeland Security may, 
     subject to an exemption under clause (ii), require an alien 
     applying under this subsection to pay a reasonable fee that 
     is commensurate with the cost of processing the application, 
     but does not exceed $495.
       (ii) Exemption.--An applicant may be exempted from paying 
     an application fee required under this subsection if the 
     applicant--

       (I) is 18 years of age or younger;
       (II) received total household income, during the 1-year 
     period immediately preceding the date on which the applicant 
     files an application under this subsection, that is at or 
     below 150 percent of the Federal poverty line; or
       (III) is in foster care or otherwise lacks any parental or 
     other familial support.

       (E) Submission of biometric and biographic data; background 
     checks.--
       (i) Submission of biometric and biographic data.--The 
     Secretary of Homeland Security may not grant an alien 
     adjustment of status under this subsection unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security shall provide an 
     alternative procedure for aliens who are unable to provide 
     such biometric or biographic data because of a physical 
     impairment.
       (ii) Background checks.--The Secretary of Homeland Security 
     shall use biometric, biographic, and other data that the 
     Secretary of Homeland Security determines appropriate to 
     conduct security and law enforcement background checks and to 
     determine whether there is any criminal, national security, 
     or other factor that would render the alien ineligible for 
     adjustment of status under this subsection. The status of an 
     alien may not be adjusted unless security and law enforcement 
     background checks are completed to the satisfaction of the 
     Secretary of Homeland Security.
       (2) Criminal and national security bars.--
       (A) Definitions.--In this paragraph:
       (i) Crime of domestic violence.--The term ``crime of 
     domestic violence'' means any offense that has as an element 
     the use, attempted use, or threatened use of physical force 
     against a person committed by a current or former spouse of 
     the person, by an individual with whom the person shares a 
     child in common, by an individual who is cohabiting with or 
     has cohabited with the person as a spouse, by an individual 
     similarly situated to a spouse of the person under the 
     domestic or family violence laws of the jurisdiction where 
     the offense occurs, or by any other individual against a 
     person who is protected from that individual's acts under the 
     domestic or family violence laws of the United States or any 
     State, a Tribal government, or a unit of local government.
       (ii) Felony offense.--The term ``felony offense'' means an 
     offense under Federal or State law that is punishable by a 
     maximum term of imprisonment of more than 1 year.
       (iii) Misdemeanor offense.--The term ``misdemeanor 
     offense'' means an offense under Federal or State law that is 
     punishable by a term of imprisonment of more than 5 days but 
     not more than 1 year.
       (B) Grounds of ineligibility.--Except as provided in 
     subparagraph (C), an alien is ineligible for adjustment of 
     status under this subsection if any of the following apply:
       (i) The alien is inadmissible under paragraph (2) or (3) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (ii) Excluding any offense under State law for which an 
     essential element is the alien's immigration status, and any 
     minor traffic offense, the alien has been convicted of--

[[Page S5690]]

       (I) any felony offense;
       (II) 3 or more misdemeanor offenses (excluding simple 
     possession of cannabis or cannabis-related paraphernalia, any 
     offense involving cannabis or cannabis-related paraphernalia 
     which is no longer prosecutable in the State in which the 
     conviction was entered, and any offense involving civil 
     disobedience without violence) not occurring on the same 
     date, and not arising out of the same act, omission, or 
     scheme of misconduct; or
       (III) a misdemeanor offense of domestic violence, unless 
     the alien demonstrates that such crime is related to the 
     alien having been--

       (aa) a victim of domestic violence, sexual assault, 
     stalking, child abuse or neglect, abuse or neglect in later 
     life, or human trafficking;
       (bb) battered or subjected to extreme cruelty; or
       (cc) a victim of criminal activity described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(U)(iii)).
       (C) Waivers for certain misdemeanors.--For humanitarian 
     purposes, family unity, or if otherwise in the public 
     interest, the Secretary of Homeland Security may--
       (i) waive the grounds of inadmissibility under 
     subparagraphs (A), (C), and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     the conviction forming the basis for inadmissibility would 
     otherwise render the alien ineligible under subparagraph 
     (B)(ii) (subject to clause (ii)); and
       (ii) for purposes of subclauses (II) and (III) of 
     subparagraph (B)(ii), waive consideration of--

       (I) one misdemeanor offense if the alien has not been 
     convicted of any offense in the 5-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection; or
       (II) up to 2 misdemeanor offenses if the alien has not been 
     convicted of any offense in the 10-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection.

       (3) Rescission.--
       (A) In general.--Section 246 of the Immigration and 
     Nationality Act (8 U.S.C. 1256) shall apply to an alien whose 
     status is adjusted under paragraph (1).
       (B) Other grounds applicable.--
       (i) In general.--The Secretary of Homeland Security may 
     rescind the lawful permanent resident status of an alien 
     whose status was adjusted under paragraph (1) if, during the 
     5-year period beginning on the date on which such status was 
     granted, the Secretary of Defense characterizes any period of 
     the alien's service in the Armed Forces as other than 
     honorable, bad conduct, or dishonorable.
       (ii) Exception.--The Secretary of Homeland Security may not 
     rescind the lawful permanent resident status of an alien 
     under this subparagraph based on any period of an alien's 
     service in the Armed Forces that is uncharacterized by the 
     Secretary of Defense.
       (C) Proof of service characterization.--For purposes of 
     this paragraph, proof of characterization of service in the 
     Armed Forces shall be authenticated by the Secretary of 
     Defense.
       (4) Confidentiality of information.--
       (A) In general.--The Secretary of Homeland Security or the 
     Secretary of Defense may not disclose or use for purposes of 
     immigration enforcement information provided in--
       (i) documentation filed under this subsection; or
       (ii) enlistment applications filed, or inquiries made, 
     under section 504(b)(1)(D) of title 10, United States Code.
       (B) Treatment of records.--
       (i) In general.--Documentation filed under this 
     subsection--

       (I) shall be collected pursuant to section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974''); and
       (II) may not be disclosed under subsection (b)(7) of that 
     section for purposes of immigration enforcement.

       (ii) Destruction.--In the cases of individuals who attempt 
     to enlist but do not successfully do so, the Secretary of 
     Homeland Security and the Secretary of Defense shall destroy 
     information provided in documentation filed under this 
     subsection not later than 60 days after the date on which the 
     individual concerned is denied enlistment or fails to 
     complete basic training, as applicable, except in the case of 
     an alien described in paragraph (1)(B).
       (C) Referrals prohibited.--The Secretary of Homeland 
     Security or the Secretary of Defense (or any designee of the 
     Secretary of Homeland Security or the Secretary of Defense) 
     based solely on information provided in an application for 
     adjustment of status under this subsection or an enlistment 
     application filed, or an inquiry made, under section 
     504(b)(1)(D) of title 10, United States Code, may not refer 
     an individual to U.S. Immigration and Customs Enforcement, 
     U.S. Customs and Border Protection.
       (D) Limited exception.--Notwithstanding subparagraphs (A) 
     through (C), information provided in an application for 
     adjustment of status under this subsection may be shared with 
     Federal security and law enforcement agencies--
       (i) for assistance in the consideration of an application 
     for adjustment of status under this subsection;
       (ii) to identify or prevent fraudulent claims;
       (iii) for national security purposes pursuant to section 
     6611 of the National Defense Authorization Act for Fiscal 
     Year 2020 (50 U.S.C. 3352f); or
       (iv) for the investigation or prosecution of any Federal 
     crime, except any offense, other than a fraud or false 
     statement offense, that is--

       (I) related to immigration status; or
       (II) a petty offense (as defined in section 19 of title 18, 
     United States Code).

       (E) Penalty.--Any person who knowingly and willfully uses, 
     publishes, or examines, or permits such use, publication, or 
     examination of, any information produced or provided by, or 
     collected from, any source or person under this section and 
     in violation of this subsection shall be guilty of a 
     misdemeanor and fined not more than $5,000.
       (5) Rule of construction.--Nothing in this section, or an 
     amendment made by this section, may be construed to modify--
       (A) the process prescribed by sections 328, 329, and 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 
     1440-1) by which a person may naturalize through service in 
     the Armed Forces; or
       (B) the qualifications for original enlistment in any 
     component of the Armed Forces otherwise prescribed by law or 
     the Secretary of Defense.
                                 ______
                                 
  SA 6146. Ms. SMITH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. PARITY FOR REGISTERED INDEX-LINKED ANNUITIES 
                   REGARDING REGISTRATION RULES.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.
       (2) Investment company.--The term ``investment company'' 
     has the meaning given the term in section 3 of the Investment 
     Company Act of 1940 (15 U.S.C. 80a-3).
       (3) Market value adjustment.--The term ``market value 
     adjustment'' means, with respect to a registered index-linked 
     annuity--
       (A) an adjustment to the value of that annuity based on 
     calculations using a predetermined formula; or
       (B) a change in interest rates (or other factor, as 
     determined by the Commission) that applies to that annuity 
     after an early withdrawal or contract discontinuance.
       (4) Purchaser.--The term ``purchaser'' means a purchaser of 
     a registered index-linked annuity.
       (5) Registered index-linked annuity.--The term ``registered 
     index-linked annuity'' means an annuity--
       (A) that is deemed to be a security;
       (B) that is required to be registered with the Commission;
       (C) that is issued by an insurance company that is subject 
     to the supervision of the insurance commissioner of the 
     applicable State;
       (D) that is not issued by an investment company; and
       (E) the returns of which--
       (i) are based on the performance of a specified benchmark 
     index or rate; and
       (ii) may be subject to a market value adjustment if amounts 
     are withdrawn before the end of the period during which that 
     market value adjustment applies.
       (6) Security.--The term ``security'' has the meaning given 
     the term in section 2(a) of the Securities Act of 1933 (15 
     U.S.C. 77b(a)).
       (b) Rules.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall propose, and, not 
     later than 18 months after the date of enactment of this Act, 
     the Commission shall prepare and finalize, new or amended 
     rules, as appropriate, to establish a new form in accordance 
     with paragraph (2) on which an issuer of a registered index-
     linked annuity may register that registered index-linked 
     annuity, subject to conditions the Commission determines 
     appropriate.
       (2) Design of form.--In developing the form to be 
     established under paragraph (1), the Commission shall--
       (A) design the form to ensure that a purchaser using the 
     form receives the information necessary to make knowledgeable 
     decisions, taking into account--
       (i) the availability of information;
       (ii) the knowledge and sophistication of that class of 
     purchasers;
       (iii) the complexity of the registered index-linked 
     annuity; and
       (iv) any other factor the Commission determines 
     appropriate;
       (B) engage in investor testing; and
       (C) incorporate the results of the testing required under 
     subparagraph (B) in the design of the form, with the goal of 
     ensuring that key information is conveyed in terms that a 
     purchaser is able to understand.

[[Page S5691]]

       (c) Treatment if Rules Not Prepared and Finalized in a 
     Timely Manner.--
       (1) In general.--If, as of the date that is 18 months after 
     the date of enactment of this Act, the Commission has failed 
     to prepare and finalize the rules required under subsection 
     (b)(1), any registered index-linked annuity may be registered 
     on the form described in section 239.17b of title 17, Code of 
     Federal Regulations, or any successor regulation.
       (2) Preparation.--A registration described in paragraph (1) 
     shall be prepared pursuant to applicable provisions of the 
     form described in that paragraph.
       (d) Rules of Construction.--Nothing in this section may be 
     construed to--
       (1) limit the authority of the Commission to determine the 
     information to be requested in the form described in 
     subsection (b); or
       (2) preempt any State law, regulation, rule, or order.
                                 ______
                                 
  SA 6147. 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:

        Beginning on page 549, strike line 21 and all that follows 
     through page 554, line 4, and insert the following:
       (a) Modification of Regional Defense Combating Terrorism 
     and Irregular Warfare Fellowship Program.--
       (1) In general.--Section 345 of title 10, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Regional Defense 
     Combating Terrorism and Irregular Warfare Fellowship 
     Program'' and inserting ``Irregular Warfare Education'';
       (B) in subsection (a)--
       (i) in the subsection heading, by striking ``Program 
     Authorized'' and inserting ``Authority'';
       (ii) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``operate and administer a Center for 
     Security Studies in Irregular Warfare and'' after ``The 
     Secretary of Defense may'';
       (iii) by amending paragraph (2) to read as follows:
       ``(2) Covered costs.--
       ``(A) In general.--Costs for which payment may be made 
     under this section include the costs of--
       ``(i) transportation, travel, and subsistence costs of 
     foreign national personnel and United States governmental 
     personnel necessary for administration and execution of the 
     authority granted to the Secretary of Defense under this 
     section;
       ``(ii) strategic engagement with alumni of the program 
     referred to in paragraph (1) to address Department of Defense 
     objectives and planning on irregular warfare and combating 
     terrorism topics; and
       ``(iii) administration and operation of the Irregular 
     Warfare Center, including expenses associated with--

       ``(I) research, communication, the exchange of ideas, 
     curriculum development and review, and training of military 
     and civilian participants of the United States and other 
     countries, as the Secretary considers necessary; and
       ``(II) maintaining an international network of irregular 
     warfare policymakers and practitioners to achieve the 
     objectives of the Department of Defense and the Department of 
     State.

       ``(B) Payment by others permitted.--Payment of costs 
     described in subparagraph (A)(i) may be made by the Secretary 
     of Defense, the foreign national participant, the government 
     of such participant, or by the head of any other Federal 
     department or agency.''; and
       (iv) by amending paragraph (3) to read as follows:
       ``(3) Designations.--
       ``(A) Center.--The center authorized by this section shall 
     be known as the `Irregular Warfare Center'.
       ``(B) Program.--The program authorized by this section 
     shall be known as the `Regional Defense Combating Terrorism 
     and Irregular Warfare Fellowship Program'.'';
       (C) by redesignating subsections (c) and (d) as subsections 
     (e) and (g), respectively;
       (D) by inserting after subsection (b) the following new 
     paragraphs (c) and (d):
       ``(c) Employment and Compensation of Faculty.--With respect 
     to the Irregular Warfare Center--
       ``(1) the Secretary of Defense may employ a Director, a 
     Deputy Director, and such civilians as professors, 
     instructors, and lecturers, as the Secretary considers 
     necessary; and
       ``(2) compensation of individuals employed under this 
     section shall be as prescribed by the Secretary.
       ``(d) Partnership With Institution of Higher Education.--
       ``(1) In general.--In operating the Irregular Warfare 
     Center, to promote integration throughout the United States 
     Government and civil society across the full spectrum of 
     Irregular Warfare competition and conflict challenges, the 
     Secretary of Defense shall partner with an institution of 
     higher education (as defined in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001)).
       ``(2) Types of partnerships.--
       ``(A) In general.--The Secretary may--
       ``(i) establish a partnership under paragraph (1) by--

       ``(I) entering into a contract, a cooperative agreement, or 
     an intergovernmental support agreement pursuant to section 
     2679; or
       ``(II) awarding a grant; and

       ``(ii) enter into such a contract, cooperative agreement, 
     or intergovernmental support agreement, or award such a 
     grant, through the Defense Security Cooperation University.
       ``(B) Role of defense security cooperation university.--The 
     Defense Security Cooperation University shall be considered 
     to be a Government-operated Federal laboratory for purposes 
     of section 12 of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3710A).'';
       (E) in subsection (e), as so redesignated, in the first 
     sentence, by striking ``$35,000,000'' and inserting 
     ``$40,000,000''; and
       (F) by inserting after subsection (e), as so redesignated, 
     the following new subsection:
       ``(f) Annual Review.--The Secretary of Defense--
       ``(1) shall conduct an annual review of the structure and 
     activities of the Irregular Warfare Center and the program 
     referred to in subsection (a) to determine whether such 
     structure and activities are appropriately aligned with the 
     strategic priorities of the Department of Defense and the 
     applicable combatant commands; and
       ``(2) may, after an annual review under paragraph (1), 
     revise the relevant structure and activities so as to more 
     appropriately align such structure and activities with the 
     strategic priorities and combatant commands.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter V of chapter 16 of title 10, United 
     States Code, is amended by striking the item relating to 
     section 345 and inserting the following:

``345. Irregular Warfare Education.''.
       (b) Plan for Irregular Warfare Center.--
                                 ______
                                 
  SA 6148. 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 title II, insert the following:

     SEC. ___. RESEARCH AND DEVELOPMENT TO ADVANCE THE PROFESSION 
                   OF THE SECURITY COOPERATION WORKFORCE.

       Section 384 of title 10, United States Code, is amended--
       (1) in subsection (c), by inserting ``and research 
     necessary to advance the profession of the Security 
     Cooperation workforce'' before the period at the end;
       (2) in subsection (e)(3)(E)--
       (A) by inserting ``the Defense Security Cooperation 
     University'' after ``maintain''; and
       (B) by inserting ``and conduct research necessary to 
     advance the profession of the security cooperation 
     workforce'' before the period at the end;
       (3) by redesignating subsections (f) through (h) as 
     subsections (g) through (i), respectively; and
       (4) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Research and Development.--(1) In engaging in 
     research and development projects pursuant to subsection (a) 
     of section 4001 of this title by a contract, cooperative 
     agreement, or grant pursuant to subsection (b)(1) of such 
     section, the Secretary of Defense may enter into such 
     contract or cooperative agreement or award such grant through 
     the Defense Security Cooperation University.
       ``(2) The Defense Security Cooperation University shall be 
     considered a Government-operated Federal laboratory for 
     purposes of section 12 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a).''.
                                 ______
                                 
  SA 6149. 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 C of title VIII, add the following:

[[Page S5692]]

  


     SEC. 848. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM 
                   NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

       (a) In General.--Section 4864(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(6) Traveling-wave tube and traveling wave tube 
     amplifiers.--A traveling-wave tube and traveling-wave tube 
     amplifier, that meets established technical and reliability 
     requirements, used in a satellite weighing more than 400 
     pounds whose principle purpose is to support the national 
     security, defense, or intelligence needs of the United States 
     Government.''.
       (b) Exception.--Paragraph (6) of section 4864(a) of title 
     10, United States Code, as added by subsection (a), shall not 
     apply with respect to programs that received Milestone A 
     approval (as defined in section 2431a of such title) before 
     October 1, 2021.
       (c) Clarification of Delegation Authority.--Subject to 
     subsection (i) of section 4864 of title 10, United States 
     Code, the Secretary of Defense may delegate to a service 
     acquisition executive the authority to make a waiver under 
     subsection (d) of such section with respect to the limitation 
     under subsection (a)(6) of such section, as added by 
     subsection (a) of this section.
                                 ______
                                 
  SA 6150. 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 C of title VIII, add the following:

     SEC. 848. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM 
                   NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

       (a) In General.--Section 4864(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(6) Traveling-wave tube and traveling wave tube 
     amplifiers.--A traveling-wave tube and traveling-wave tube 
     amplifier, that meets established technical and reliability 
     requirements, used in a satellite weighing more than 400 
     pounds whose principle purpose is to support the needs of the 
     armed forces.''.
       (b) Exception.--Paragraph (6) of section 4864(a) of title 
     10, United States Code, as added by subsection (a), shall not 
     apply with respect to programs that received Milestone A 
     approval (as defined in section 2431a of such title) before 
     October 1, 2021.
       (c) Clarification of Delegation Authority.--Subject to 
     subsection (i) of section 4864 of title 10, United States 
     Code, the Secretary of Defense may delegate to a service 
     acquisition executive the authority to make a waiver under 
     subsection (d) of such section with respect to the limitation 
     under subsection (a)(6) of such section, as added by 
     subsection (a) of this section.
                                 ______
                                 
  SA 6151. Mr. KELLY (for himself, Ms. Sinema, 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 of subtitle B of title I, add the following:

     SEC. 112. FUNDING FOR 60KVA GENERATORS FOR UTILITY 
                   HELICOPTERS.

       (a) Increase.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 101 for procurement for the Army, as 
     specified in the corresponding funding table in section 4101, 
     for Utility Helicopter Mods, Line 026, is hereby increased by 
     $10,000,000 for 60kVA Generators.
       (b) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 301 for operation and maintenance for 
     the Army, as specified in the corresponding funding table in 
     section 4301, for Other Service Support, Line 490, is hereby 
     reduced by $10,000,000.
                                 ______
                                 
  SA 6152. 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 B of title XXXI, add the following:

     SEC. 3118. PROHIBITION ON USE OF FUNDS FOR RESEARCH AND 
                   DEVELOPMENT, PRODUCTION, OR DEPLOYMENT OF 
                   NUCLEAR-ARMED SEA-LAUNCHED CRUISE MISSILE AND 
                   ASSOCIATED WARHEAD.

       (a) Findings.--Congress makes the following findings:
       (1) The United States nuclear arsenal comprises 
     approximately 3,800 nuclear warheads in the active stockpile 
     and a force structure of long-range and short-range delivery 
     systems, including--
       (A) land-based intercontinental ballistic missiles;
       (B) submarine-launched ballistic missiles that can deliver 
     both low-yield and higher-yield nuclear warheads;
       (C) long-range strategic bomber aircraft capable of 
     carrying nuclear-armed air-launched cruise missile and 
     nuclear gravity bombs; and
       (D) short-range fighter aircraft that can deliver nuclear 
     gravity bombs.
       (2) In 2010, the United States retired the nuclear-armed 
     sea-launched cruise missile, or the TLAM-N, after concluding 
     in the 2010 Nuclear Posture Review that the capability 
     ``serve[d] a redundant purpose in the U.S. nuclear 
     stockpile''.
       (3) Ten years later, in 2020, the United States initiated 
     studies into a new nuclear-armed sea-launched cruise missile 
     and associated warhead, after concluding in the 2018 Nuclear 
     Posture Review that the weapon system would provide a ``non-
     strategic regional presence'' and ``an assured response 
     capability''.
       (4) The United States possesses an array of nuclear weapons 
     systems, including both air- and sea-based capabilities, that 
     provide an effective regional deterrent presence, making the 
     nuclear-armed sea-launched cruise missile a redundant, 
     unnecessary capability.
       (5) Deploying nuclear-armed sea-launched cruise missiles on 
     attack submarines or surface ships risks detracting from the 
     core military missions of such submarines and ships, such as 
     tracking enemy submarines, protecting United States carrier 
     groups, and conducting conventional strikes on priority land 
     targets.
       (6) Stationing nuclear-armed sea-launched cruise missiles 
     on such submarines or ships also risks complicating port 
     visits and joint operations with some allies and partners of 
     the United States, which in turn would reduce the operational 
     effectiveness of such submarines and ships and the deterrent 
     value of deployed nuclear-armed sea-launched cruise missiles.
       (7) A January 2019 analysis of the Congressional Budget 
     Office estimated that the projected costs of the nuclear-
     armed sea-launched cruise missile program from 2019 to 2028 
     would total $9,000,000,000, adding additional costs and 
     resource requirements to the United States nuclear 
     modernization program and increasing pressure on the Navy 
     budget as the Navy plans for increases in shipbuilding while 
     funding the Columbia-class submarine program.
       (8) The cost of the nuclear-armed sea-launched cruise 
     missile program will be larger, as the estimate of the 
     Congressional Budget Office did not account for costs related 
     to integrating nuclear-armed sea-launched cruise missiles on 
     attack submarines or surface ships, nuclear weapons-specific 
     training for Navy personnel, or storage and security for 
     nuclear warheads.
       (b) Prohibition on Use of Funds.--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 and development, 
     production, or deployment of the nuclear-armed sea-launched 
     cruise missile and its associated nuclear warhead.
                                 ______
                                 
  SA 6153. 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 appropriate place, insert the following:

     SEC. ____. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE 
                   UNITED STATES MERCHANT MARINE ACADEMY IN THE 
                   EVENT OF THE DEATH, RESIGNATION, OR EXPULSION 
                   FROM OFFICE OF A MEMBER OF CONGRESS.

       (a) United States Merchant Marine Academy.--
       (1) In general.--Chapter 513 of title 46, United States 
     Code, is amended by inserting after section 51324 the 
     following new section:

     ``Sec. 51325. Cadets: nomination in event of death, 
       resignation, or expulsion from office of member of Congress 
       otherwise authorized to nominate

       ``(a) Senators.--In the event a Senator does not submit 
     nominations for cadets for

[[Page S5693]]

     an academic year in accordance with section 51302(b)(1) of 
     this title due to death, resignation from office, or 
     expulsion from office and the date of the swearing-in of the 
     Senator's successor as Senator occurs after the date of the 
     deadline for submittal of nominations for cadets for the 
     academic year, the nominations for cadets otherwise 
     authorized to be made by the Senator pursuant to such section 
     shall be made instead by the other Senator from the State 
     concerned.
       ``(b) Representatives.--In the event a Representative from 
     a State does not submit nominations for cadets for an 
     academic year in accordance with section 51302(b)(2) of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the 
     Representative's successor as Representative occurs after the 
     date of the deadline for submittal of nominations for cadets 
     for the academic year, the nominations for cadets otherwise 
     authorized to be made by the Representative pursuant to such 
     section shall be made instead by the Senators from the State 
     from the district of the Representative, with such 
     nominations divided equally among such Senators and any 
     remainder going to the senior Senator from the State.
       ``(c) Construction of Authority.--Any nomination for cadets 
     made by a Senator pursuant to this section is in addition to 
     any nomination for cadets otherwise authorized the Senator 
     under section 51302 of this title or any other provision of 
     law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 513 of such title is amended by 
     inserting after the item relating to section 51324 the 
     following new item:

``51325. Cadets: nomination in event of death, resignation, or 
              expulsion from office of member of Congress otherwise 
              authorized to nominate.''.
                                 ______
                                 
  SA 6154. Mr. VAN HOLLEN (for himself 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 end of title XII, add the following:

        Subtitle G--Young African Leaders Initiative Act of 2022

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Young African Leaders 
     Initiative Act of 2022'' or the ``YALI Act of 2022''.

     SEC. 1282. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Young African Leaders Initiative, launched in 2010, 
     is a signature effort to invest in the next generation of 
     African leaders;
       (2) Africa is a continent of strategic importance and it is 
     vital for the United States to support strong and enduring 
     partnerships with the next generation of African leaders; and
       (3) the United States Government should prioritize 
     investments to build the capacity of emerging young African 
     leaders in sub-Saharan Africa, including through efforts to 
     enhance leadership skills, encourage entrepreneurship, 
     strengthen public administration and the role of civil 
     society, and connect young African leaders continentally and 
     globally across the private, civic, and public sectors.

     SEC. 1283. YOUNG AFRICAN LEADERS INITIATIVE PROGRAM.

       (a) In General.--There is established in the Department of 
     State the Young African Leaders Initiative Program (referred 
     to in this Act as the ``YALI Program'').
       (b) Purpose.--The YALI Program shall seek to build the 
     capacity of young African leaders in sub-Saharan Africa in 
     the areas of business, civic engagement, or public 
     administration, including through efforts--
       (1) to support young African leaders by offering 
     professional development, training, and networking 
     opportunities, particularly in the areas of leadership, 
     innovation, civic engagement, elections, human rights, 
     entrepreneurship, good governance, and public administration; 
     and
       (2) to provide increased economic and technical assistance 
     to young African leaders to promote economic growth and 
     strengthen ties between United States and African businesses.
       (c) Fellowships.--The YALI Program shall award fellowships 
     through the Mandela Washington Fellowship for Young African 
     Leaders Program to young African leaders who--
       (1) are between 18 and 35 years of age;
       (2) have demonstrated strong capabilities in 
     entrepreneurship, innovation, public service, and leadership; 
     and
       (3) have had a positive impact in their communities, 
     organizations, or institutions.
       (d) Regional Leadership Centers.--The YALI Program shall 
     seek to establish regional leadership centers in sub-Saharan 
     Africa to offer training to young African leaders who--
       (1) are between 18 and 35 years of age;
       (2) have demonstrated strong capabilities in 
     entrepreneurship, innovation, public service and leadership; 
     and
       (3) have had a positive impact in their communities, 
     organizations, or institutions.
       (e) Activities.--
       (1) United states-based activities.--The Secretary of 
     State, in coordination with the Administrator of the United 
     States Agency for International Development and the heads of 
     other relevant Federal departments and agencies, shall 
     oversee all United States-based activities carried out under 
     the YALI Program, including the participation of Mandela 
     Washington fellows in--
       (A) a 6-week leadership institute at a United States 
     university or college in business, civic engagement, or 
     public management, including academic sessions, site visits, 
     professional networking opportunities, leadership training, 
     community service, and organized cultural activities; and
       (B) an annual Mandela Washington Fellowship Summit to 
     provide such fellows the opportunity to meet with United 
     States leaders from the private, public, and nonprofit 
     sectors.
       (2) Africa-based activities.--The Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the heads of other 
     relevant Federal departments and agencies, should continue to 
     support existing Young African Leaders Initiative programs in 
     sub-Saharan Africa, including--
       (A) access to continued leadership training and other 
     professional development opportunities for Mandela Washington 
     Fellowship for Young African Leaders alumni upon their return 
     to their home countries, including online courses, technical 
     assistance, and access to funding;
       (B) training for young African leaders at regional 
     leadership centers established in accordance with subsection 
     (d), and through online and in-person courses offered by such 
     centers; and
       (C) opportunities for networking and engagement with--
       (i) other alumni of the Mandela Washington Fellowship for 
     Young African Leaders;
       (ii) alumni of programs at regional leadership centers 
     established in accordance with subsection (d); and
       (iii) United States and like-minded diplomatic missions, 
     business leaders, and others, as appropriate.
       (3) Implementation.--The Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the heads of other 
     relevant Federal departments and agencies, shall seek to 
     partner with the private sector to pursue public-private 
     partnerships, leverage private sector expertise, expand 
     networking opportunities, and identify funding opportunities 
     and fellowship and employment opportunities for participants 
     in the YALI Program.
       (f) Implementation Plan.--Not later than 180 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 and the heads of other 
     relevant Federal departments and agencies, shall submit a 
     plan to the appropriate congressional committees for 
     implementing the YALI Program, which plan shall include--
       (1) a description of clearly defined program goals, 
     targets, and planned outcomes for each year and for the 
     duration of implementation of the YALI Program;
       (2) a strategy to monitor and evaluate the YALI Program and 
     progress made toward achieving such goals, targets, and 
     planned outcomes; and
       (3) a strategy to ensure that the YALI Program is promoting 
     United States foreign policy goals in Africa, including 
     ensuring that the YALI Program is clearly branded and paired 
     with robust public diplomacy efforts.
       (g) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter for the 
     following 5 years, the Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development, shall submit to the appropriate 
     congressional committees and publish in a publicly 
     accessible, internet-based form, a report that contains--
       (1) a description of the progress made toward achieving the 
     goals, targets, and planned outcomes described in subsection 
     (f)(1), including an overview of the implementation of the 
     YALI Program during the previous year and an estimated number 
     of YALI Program beneficiaries during such year;
       (2) an assessment of how the YALI Program is contributing 
     to and promoting United States-Africa relations, particularly 
     in areas of increased private sector investment, trade 
     promotion, support to civil society, improved public 
     administration, and fostering entrepreneurship and youth 
     empowerment; and
       (3) recommendations for improvements or changes to the YALI 
     Program and implementation plan, if any, that would improve 
     its effectiveness during subsequent years of implementation 
     of the YALI Program.
       (h) Defined Term.--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;

[[Page S5694]]

       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (i) Sunset.--The YALI Program shall terminate on the date 
     that is 5 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 6155. Mr. VAN HOLLEN (for himself, Mr. Carper, Ms. Duckworth, Mr. 
Blumenthal, and 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 title X, add the following:

       Subtitle H--District of Columbia National Guard Home Rule

     SEC. 1081. SHORT TITLE.

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

     SEC. 1082. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR 
                   OF THE DISTRICT OF COLUMBIA.

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

     SEC. 1083. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE.

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

     SEC. 1084. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES 
                   CODE.

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

     ``Sec. 328. Active Guard and Reserve duty: authority of chief 
       executive''.

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

``328. Active Guard and Reserve duty: authority of chief executive.''.
       (g) Personnel Matters.--Section 505 of such title is 
     amended by striking ``commanding general of the National 
     Guard of the District of Columbia'' in the first sentence and 
     inserting ``Mayor of the District of Columbia''.
       (h) National Guard Challenge Program.--Section 509 of such 
     title is amended--
       (1) in subsection (c)(1), by striking ``the commanding 
     general of the District of Columbia National Guard, under 
     which the Governor or the commanding general'' and inserting 
     ``the Mayor of the District of Columbia, under which the 
     Governor or the Mayor'';
       (2) in subsection (g)(2), by striking ``the commanding 
     general of the District of Columbia National Guard'' and 
     inserting ``the Mayor of the District of Columbia'';
       (3) in subsection (j), by striking ``the commanding general 
     of the District of Columbia National Guard'' and inserting 
     ``the Mayor of the District of Columbia''; and
       (4) in subsection (k), by striking ``the commanding general 
     of the District of Columbia National Guard'' and inserting 
     ``the Mayor of the District of Columbia''.
       (i) Issuance of Supplies.--Section 702(a) of such title is 
     amended by striking ``commanding general of the National 
     Guard of the District of Columbia'' and inserting ``Mayor of 
     the District of Columbia''.
       (j) Appointment of Fiscal Officer.--Section 708(a) of such 
     title is amended by striking ``commanding general of the 
     National Guard of the District of Columbia'' and inserting 
     ``Mayor of the District of Columbia''.

     SEC. 1285. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA 
                   HOME RULE ACT.

       Section 602(b) of the District of Columbia Home Rule Act 
     (sec. 1-206.02(b), D.C. Official Code) is amended by striking 
     ``the National Guard of the District of Columbia,''.
                                 ______
                                 
  SA 6156. Mr. SANDERS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations 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 S5695]]

to prescribe military personnel 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. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE 
                   ABSENCE OF AN UNQUALIFIED AUDIT OPINION.

       If during any fiscal year after fiscal year 2023, the 
     Secretary of Defense determines that a department, agency, or 
     other element of the Department of Defense has not achieved 
     an unqualified opinion on its full financial statements for 
     the calendar year ending during such fiscal year--
       (1) the amount available to such department, agency, or 
     element for the fiscal year in which such determination is 
     made shall be equal to the amount otherwise authorized to be 
     appropriated minus 1.0 percent;
       (2) the amount unavailable to such department, agency, or 
     element for that fiscal year pursuant to paragraph (1) shall 
     be applied on a pro rata basis against each program, project, 
     and activity of such department, agency, or element in that 
     fiscal year; and
       (3) the Secretary shall deposit in the general fund of the 
     Treasury for purposes of deficit reduction all amounts 
     unavailable to departments, agencies, and elements of the 
     Department in the fiscal year pursuant to determinations made 
     under paragraph (1).
                                 ______
                                 
  SA 6157. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 829. PROHIBITION ON CONTRACTING WITH EMPLOYERS THAT 
                   VIOLATED THE NATIONAL LABOR RELATIONS ACT.

       (a) Prohibition.--Except as provided in subsection (b), the 
     Secretary of Defense may not enter into a contract with an 
     employer if the National Labor Relations Board has made a 
     finding that the employer has violated section 8(a) of the 
     National Labor Relations Act (29 U.S.C. 158), including a 
     regulation promulgated under such section, by committing an 
     unfair labor practice under such section during the three-
     year period preceding the proposed date of award of the 
     contract.
       (b) Exceptions.--The Secretary of Defense may enter into a 
     contract with an employer described in subsection (a) if--
       (1) a finding described in such subsection with respect to 
     the employer is through an order or judgment that has been 
     reversed, vacated, or rescinded; or
       (2) each labor organization representing employees of such 
     employer who are affected by the finding described in such 
     subsection for the purposes of collective bargaining 
     certifies to the Secretary that the employer--
       (A) is in compliance with any relevant collective 
     bargaining agreements on the date on which such contract is 
     awarded; or
       (B) has bargained in good faith to reach collective 
     bargaining agreements.
       (c) Definitions.--In this section, the terms ``employer'', 
     ``employee'', and ``labor organization'' have the meanings 
     given such terms, respectively, in section 2 of the National 
     Labor Relations Act (29 U.S.C. 152).
       (d) Applicability.--This section and the requirements of 
     this section shall apply to a contract entered into on or 
     after October 1, 2023.
                                 ______
                                 
  SA 6158. Mr. SANDERS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. IMPROVEMENTS TO FINANCIAL MANAGEMENT SYSTEMS OF 
                   DEPARTMENT OF DEFENSE.

       (a) Requirements.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of the Defense 
     shall ensure--
       (1) establishment of measures to determine if the 
     Department of Defense is succeeding in achieving the goals 
     described in its financial management strategy;
       (2) establishment of a specific time frame for developing 
     an enterprise road map to implement that strategy and that 
     such a road map is developed;
       (3) development of detailed migration plans for--
       (A) the General Accounting and Finance System-Reengineered 
     of the Air Force;
       (B) the Standard Accounting and Reporting System of the 
     Navy; and
       (C) the Standard Finance System and the Standard Operation 
     and Maintenance Army Research and Development System of the 
     Army;
       (4) implementation of a mechanism for identifying financial 
     management systems that support the preparation of the 
     financial statements of the Department in the systems 
     inventory and budget data of the Department, and the 
     identification of a complete list of financial management 
     systems; and
       (5) restriction of obligation and expenditure of funds for 
     its financial management systems to only what is essential to 
     maintain functioning systems and help ensure system security 
     until the Department has completed the tasks required by 
     paragraphs (1) through (4).
       (b) Reports Required.--
       (1) Status report.--Not later than 18 months after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit a written report on how the requirements of subsection 
     (a) have been met to--
       (A) the congressional defense committees;
       (B) the Committees on the Budget of the Senate and the 
     House of Representatives; and
       (C) the Comptroller General of the United States.
       (2) Defense business systems audit remediation plan.--After 
     submission of the report required by paragraph (1), each 
     subsequent report of the Secretary of Defense on the Defense 
     Business Systems Audit Remediation Plan required by section 
     240g of title 10, United States Code, shall include, in a 
     consistent annual format, an update on the implementation of 
     the plans, measures, road maps, and mechanisms developed 
     under subsection (a).
                                 ______
                                 
  SA 6159. 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 end of subtitle B of title X, add the following:

     SEC. 1012. DEPARTMENT OF HOMELAND SECURITY JOINT TASK FORCES.

       (a) Short Title.--This section may be cited as the ``DHS 
     Joint Task Forces Reauthorization Act of 2022''.
       (b) Sense of the Senate.-- It is the sense of the Senate 
     that the Department of Homeland Security should consider 
     using the authority under section 708(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 348(b)) to create a Joint Task 
     Force described in such subsection to improve coordination 
     and response to the number of encounters and amount of 
     seizures of illicit narcotics along the southwest border.
       (c) Amending Section 708 of the Homeland Security Act of 
     2002.--Section 708(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 348(b)) is amended--
       (1) by amending paragraph (8) to read as follows:
       ``(8) Joint task force staff.--
       ``(A) In general.--Each Joint Task Force shall have a 
     staff, composed of officials from relevant components and 
     offices of the Department, to assist the Director of that 
     Joint Task Force in carrying out the mission and 
     responsibilities of the Joint Task Force.
       ``(B) Report.--The Secretary shall include in the report 
     submitted under paragraph (6)(F)--
       ``(i) the number of personnel permanently assigned to each 
     Joint Task Force by each component and office; and
       ``(ii) the number of personnel assigned on a temporary 
     basis to each Joint Task Force by each component and 
     office.'';
       (2) in paragraph (9)--
       (A) in the paragraph heading, by inserting ``strategy and'' 
     after ``Establishment of'';
       (B) by amending subparagraph (A) to read as follows:
       ``(A) use leading practices in performance management and 
     lessons learned by other law enforcement task forces and 
     joint operations to establish a strategy for each Joint Task 
     Force that contains--
       ``(i) the mission of each Joint Task Force and strategic 
     goals and objectives to assist the Joint Task Force in 
     accomplishing that mission; and
       ``(ii) outcome-based and other appropriate performance 
     metrics to evaluate the effectiveness of each Joint Task 
     Force and measure progress towards the goals and objectives 
     described in clause (i), which include--

       ``(I) targets for current and future fiscal years; and
       ``(II) a description of the methodology used to establish 
     those metrics and any limitations with respect to data or 
     information used to assess performance;'';

       (C) in subparagraph (B)--
       (i) by striking ``enactment of this section'' and insert 
     ``enactment of the DHS Joint Task Forces Reauthorization Act 
     of 2022'';
       (ii) by inserting ``strategy and'' after ``Senate the''; 
     and
       (iii) by striking the period at the end and inserting ``; 
     and''; and

[[Page S5696]]

       (D) by amending subparagraph (C) to read as follows:
       ``(C) beginning not later than 1 year after the date of 
     enactment of the DHS Joint Task Forces Reauthorization Act of 
     2022, submit an annual report to each committee referred to 
     in subparagraph (B) that--
       ``(i) contains the evaluation described in subparagraphs 
     (A) and (B); and
       ``(ii) outlines the progress in implementing outcome-based 
     and other performance metrics referred to in subparagraph 
     (A)(ii).'';
       (3) in paragraph (11)(A), by striking the period at the end 
     and inserting the following: ``, which shall include--
       ``(i) the justification, focus, and mission of the Joint 
     Task Force; and
       ``(ii) a strategy for the conduct of the Joint Task Force, 
     including goals and performance metrics for the Joint Task 
     Force.'';
       (4) in paragraph (12)--
       (A) in subparagraph (A), by striking ``January 31, 2018, 
     and January 31, 2021, the Inspector General of the 
     Department'' and inserting ``1 year after the date of 
     enactment of the DHS Joint Task Forces Reauthorization Act of 
     2022, the Comptroller General of the United States''; and
       (B) in subparagraph (B), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) an assessment of the structure of each Joint Task 
     Force;
       ``(ii) an assessment of the effectiveness of oversight over 
     each Joint Task Force;
       ``(iii) an assessment of the strategy of each Joint Task 
     Force; and
       ``(iv) an assessment of staffing levels and resources of 
     each Joint Task Force.''; and
       (5) in paragraph (13), by striking ``September 30, 2022'' 
     and inserting ``September 30, 2024''.
                                 ______
                                 
  SA 6160. Ms. WARREN (for herself, Mr. Braun, and 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. STREAMLINING BUDGET PROCESS OF DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--Chapter 9 of title 10, United States Code, 
     is amended by striking sections 222a and 222b.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 9 of such title is amended by striking 
     the items relating to sections 222a and 222b.
                                 ______
                                 
  SA 6161. Ms. WARREN (for herself, Mr. Murphy, Mr. Leahy, 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:

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

     SEC. 1064. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION 
                   WITH UNITED STATES MILITARY OPERATIONS.

       Section 1057(b) of the National Defense Authorization Act 
     for Fiscal Year 2018 (Public Law 115-91) is amended--
       (1) in paragraph (1), by striking ``that were confirmed, or 
     reasonably suspected, to have resulted in civilian 
     casualties'' and inserting ``that resulted in civilian 
     casualties that have been confirmed or are reasonably 
     suspected to have occurred'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by inserting ``, including, to the 
     extent practicable, geographic coordinates of any strike 
     resulting in civilian casualties occurring as a result of the 
     conduct of the operation'' after ``location'';
       (B) in subparagraph (D), by inserting before the period the 
     following: ``, including the justification for each strike 
     conducted as part of the operation'';
       (C) in subparagraph (E), by inserting before the period at 
     the end the following: ``, formulated as a range, if 
     necessary, and including, to the extent practicable, 
     information regarding the number of men, women, and children 
     involved''; and
       (D) by adding at the end the following new subparagraphs:
       ``(F) For each strike carried out as part of the operation, 
     an assessment of the destruction of civilian property.
       ``(G) A summary of the determination of each completed 
     civilian casualty assessment or investigation.
       ``(H) For each investigation into an incident that resulted 
     in civilian casualties--
       ``(i) whether the Department conducted any witness 
     interviews or site visits occurred, and if not, an 
     explanation of why not; and
       ``(ii) whether information pertaining to the incident that 
     was collected by one or more non-governmental entities was 
     considered, if such information exists.''; and
       (3) by amending paragraph (4) to read as follows:
       ``(4) A description of any new or updated civilian harm 
     policies and procedures implemented by the Department of 
     Defense.''.
                                 ______
                                 
  SA 6162. Ms. WARREN (for herself, Mr. Braun, and 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--Cull Unfunded Requirement Budget Act

     SECTION 1081. SHORT TITLE.

       This subtitle may be cited as the ``Cull Unfunded 
     Requirement Budget Act'' or the ``CURB Act''.

     SEC. 1082. BUDGET NEUTRAL WISH LISTS.

       (a) Budget Neutral Proposals.--Section 222a(c) of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(4) Prioritization of offsets.--Each report shall specify 
     offsets contained in the budget under the jurisdiction or 
     command of such officer for the total amount of spending 
     proposed under paragraph (1) that would be available for the 
     same time period as the funding requested. Any proposed 
     offsets shall include the following:
       ``(A) A summary description of the offset.
       ``(B) The amount of funds recommended to be offset in 
     connection with subparagraph (A).
       ``(C) Account information with respect to each offset, 
     including the following (as applicable):
       ``(i) Line Item Number (LIN) for applicable procurement 
     accounts.
       ``(ii) Program Element (PE) number for applicable research, 
     development, test, and evaluation accounts.
       ``(iii) Sub-activity group (SAG) for applicable operation 
     and maintenance accounts.''.
       (b) Budget Neutral Proposals.--Section 222b(b) of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) Prioritization of offsets.--Each report shall specify 
     offsets contained in the budget under the jurisdiction or 
     command of such officer for the total amount of spending 
     proposed in paragraph (1) that would be available for the 
     same time period as the funding requested. Any proposed 
     offsets shall include the following:
       ``(A) A summary description of such offset.
       ``(B) The amount of funds recommended to be offset in 
     connection with subparagraph (A).
       ``(C) Account information with respect to each offset, 
     including the following (as applicable):
       ``(i) Line Item Number (LIN) for applicable procurement 
     accounts.
       ``(ii) Program Element (PE) number for applicable research, 
     development, test, and evaluation accounts.
       ``(iii) Sub-activity group (SAG) for applicable operation 
     and maintenance accounts.''.

     SEC. 1083. TRANSPARENCY.

       (a) Public Reporting.--Section 222a of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Public Reporting.--Not later than 5 days after 
     submitting the report required under subsection (a), each 
     officer specified in subsection (b) shall post the report in 
     an unclassified, publicly releasable form on a publicly 
     available government website and in the Department of 
     Defense's Freedom of Information Act reading room in machine-
     readable form.''.
       (b) Public Reporting.--Section 222b of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Public Reporting.--Not later than 5 days after 
     submitting the report required under subsection (a), the 
     Director shall post the report in an unclassified, publicly 
     releasable form on a publicly available government website 
     and in the Department of Defense's Freedom of Information Act 
     reading room in machine-readable form.''.
                                 ______
                                 
  SA 6163. Ms. WARREN (for herself, Mr. Booker, 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

[[Page S5697]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to 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 ___--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY

     SEC. __01. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Agency.--The term ``Agency'' means the Federal 
     Emergency Management Agency.
       (3) Emergency.--The term ``emergency'' means an emergency 
     declared by the President under section 501 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5191).
       (4) Equity.--The term ``equity'' means the guarantee of 
     fair treatment, advancement, equal opportunity, and access 
     for underserved communities and others, the elimination of 
     barriers that have prevented full participation for 
     underserved communities, and the reduction of disparate 
     outcomes.
       (5) Equitable.--The term ``equitable'' means having or 
     exhibiting equity.
       (6) Federal assistance.--The term ``Federal assistance'' 
     means assistance provided pursuant to--
       (A) a declaration of a major disaster or emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act;
       (B) sections 203 and 205 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act; and
       (C) section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c).
       (7) Major disaster.--The term ``major disaster'' means a 
     major disaster declared by the President under section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170).
       (8) Underserved community.--The term ``underserved 
     community'' means--
       (A) the Native-American and Alaskan-Native community;
       (B) the African-American community;
       (C) the Asian community;
       (D) the Hispanic community (including individuals of 
     Mexican, Puerto Rican, Cuban, and Central or South American 
     origin);
       (E) the Pacific Islander community;
       (F) the Middle Eastern and North African community;
       (G) a rural community;
       (H) a low-income community;
       (I) individuals with disabilities;
       (J) a limited English proficiency community;
       (K) other individuals or communities otherwise adversely 
     affected by persistent poverty or inequality; and
       (L) any other disadvantaged community, as determined by the 
     Administrator.

       Subtitle A--Ensuring Equity in Federal Disaster Management

     SEC. __11. DATA COLLECTION, ANALYSIS, AND CRITERIA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall, in 
     consultation with the Secretary of Housing and Urban 
     Development and the Administrator of the Small Business 
     Administration, develop and implement a process to ensure 
     equity in the provision of Federal assistance and throughout 
     all programs and policies of the Agency.
       (b) Specific Areas for Consultation.--In carrying out 
     subsection (a), the Administrator shall identify requirements 
     for ensuring the quality, consistency, accessibility, and 
     availability of information needed to identify programs and 
     policies of the Agency that may not support the provision of 
     equitable Federal assistance, including--
       (1) information requirements;
       (2) data sources and collection methods; and
       (3) strategies for overcoming data or other information 
     challenges.
       (c) Modification of Data Collection Systems.--The 
     Administrator shall modify the data collection systems of the 
     Agency based on the process developed under subsection (a) to 
     ensure the quality, consistency, accessibility, and 
     availability of information needed to identify any programs 
     and policies of the Agency that may not support the provision 
     of equitable Federal assistance.

     SEC. __12. CRITERIA FOR ENSURING EQUITY IN POLICIES AND 
                   PROGRAMS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop, 
     disseminate, and update, as appropriate, criteria to apply to 
     policies and programs of the Agency to ensure equity in the 
     provision of Federal assistance and throughout all programs 
     and policies of the Agency.
       (b) Consultation.--In developing and disseminating the 
     criteria required under subsection (a), the Administrator 
     shall consult with--
       (1) the Office for Civil Rights and Civil Liberties of the 
     Department of Homeland Security;
       (2) the Department of Housing and Urban Development; and
       (3) the Small Business Administration.
       (c) Integration of Criteria.--
       (1) In general.--The Administrator shall, to the maximum 
     extent possible, integrate the criteria developed under 
     subsection (a) into existing and future processes related to 
     the provision of Federal assistance.
       (2) Priority.--The Administrator shall prioritize 
     integrating the criteria under paragraph (1) into processes 
     related to the provision of--
       (A) assistance under sections 402, 403, 406, 407, 428, and 
     502 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170a, 5170b, 5172, 5173, 5189f, 
     5192);
       (B) Federal assistance to individuals and households under 
     section 408 of such Act (42 U.S.C. 5174);
       (C) hazard mitigation assistance under section 404 of such 
     Act (42 U.S.C. 5170c); and
       (D) predisaster hazard mitigation assistance under section 
     203 of such Act (42 U.S.C. 5133).

     SEC. __13. METRICS; REPORT.

       (a) Metrics.--In carrying out this subtitle, the 
     Administrator shall--
       (1) establish metrics to measure the efficacy of the 
     process developed under section __11 and the criteria 
     developed under section __12; and
       (2) seek input from relevant representatives of State, 
     regional, local, territorial, and Tribal governments, 
     representatives of community-based organizations, subject 
     matter experts, and individuals from underserved communities 
     impacted by disasters.
       (b) Report.--Not later than one year after the 
     dissemination of the criteria under section __12(a), and 
     annually thereafter, the Administrator shall submit to 
     Congress a report describing how the criteria and processes 
     developed under this subtitle have impacted efforts to ensure 
     equity in the provision of Federal assistance and throughout 
     all programs and policies of the Agency, including--
       (1) any obstacles identified or areas for improvement with 
     respect to implementation of such criteria and processes, 
     including any recommended legislative changes;
       (2) the effectiveness of such criteria and processes, as 
     measured by the metrics established under subsection (a); and
       (3) any impacts of such criteria and processes on the 
     provision of Federal assistance, with specific attention to 
     impacts related to efforts within the Agency to address 
     barriers to access and reducing disparate outcomes.

   Subtitle B--Operational Enhancement to Improve Equity in Federal 
                          Disaster Management

     SEC. __21. EQUITY ADVISOR.

       (a) In General.--The Administrator shall designate a senior 
     official within the Agency as an equity advisor to the 
     Administrator to be responsible for advising the 
     Administrator on Agency efforts to ensure equity in the 
     provision of Federal assistance and throughout all programs 
     and policies of the Agency.
       (b) Qualifications.--In designating an equity advisor under 
     subsection (a), the Administrator shall select an individual 
     who is a qualified expert with significant experience with 
     respect to equity policy, civil rights policy, or 
     programmatic reforms.
       (c) Duties.--In addition to advising the Administrator, the 
     equity advisor designated under subsection (a) shall--
       (1) participate in the implementation of sections __11 and 
     __12 of subtitle A of this title;
       (2) monitor equity the implementation of equity efforts 
     within the Agency and within Agency Regions to ensure 
     consistency in the implementation of policy or programmatic 
     changes intended to ensure equity in the provision of Federal 
     assistance and throughout all programs and policies of the 
     Agency;
       (3) identify ways to improve the policies and programs of 
     the Agency to ensure that such policies and programs are 
     equitable, including enhancing opportunities to support 
     underserved populations in preparedness, mitigation, 
     protection, response, and recovery; and
       (4) any other activities the Administrator considers 
     appropriate.
       (d) Consultation.--In carrying out the duties under this 
     section, the equity advisor shall, on an ongoing basis, 
     consult with representatives of underserved communities, 
     including communities directly impacted by disasters, to 
     evaluate opportunities and develop approaches to advancing 
     equity within the Agency, including by increasing 
     coordination, communication, and engagement with--
       (1) community-based organizations;
       (2) civil rights organizations;
       (3) institutions of higher education;
       (4) research institutions;
       (5) academic organizations specializing in diversity, 
     equity, and inclusion issues; and
       (6) religious and faith-based organizations.

     SEC. __22. EQUITY ENTERPRISE STEERING GROUP.

       (a) Establishment.--There is established in the Agency a 
     steering group to advise the Administrator on how to ensure 
     equity in the provision of Federal assistance and throughout 
     all programs and policies of the Agency.
       (b) Responsibilities.--In carrying out subsection (a), the 
     steering group established under this section shall--
       (1) review and, as appropriate, recommend changes to 
     Agency-wide policies, procedures, plans, and guidance;
       (2) support the development and implementation of the 
     processes and criteria developed under subtitle A; and
       (3) monitor the integration and establishment of metrics 
     developed under section __13 of subtitle A of this title.

[[Page S5698]]

       (c) Composition.--The Administrator shall appoint the 
     following individuals as members of the steering group 
     established under subsection (a):
       (1) Representatives from each of the following offices of 
     the Agency:
       (A) The Office of Equal Rights.
       (B) The Office of Response and Recovery.
       (C) FEMA Resilience.
       (D) The Office of Disability Integration and Coordination.
       (E) The United States Fire Administration.
       (F) The mission support office of the Agency.
       (G) The Office of Chief Counsel.
       (H) The Office of the Chief Financial Officer.
       (I) The Office of Policy and Program Analysis.
       (J) The Office of External Affairs.
       (2) The administrator of each Regional Office, or his or 
     her designee.
       (3) The equity advisor, as designated by the Administrator 
     under section __21.
       (4) A representative from the Office for Civil Rights and 
     Civil Liberties of the Department of Homeland Security.
       (5) The Superintendent of the Emergency Management 
     Institute.
       (6) The National Tribal Affairs Advisor of the Agency.
       (7) Any other official of the Agency the Administrator 
     determines appropriate.
       (d) Leadership.--The Administrator shall designate 1 or 
     more members of the steering group established under 
     subsection (a) to serve as chair of the steering group.

     SEC. __23. GAO REVIEW OF EQUITY REFORMS.

       Not later than 3 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall issue 
     a report to evaluate the implementation of this subtitle and 
     subtitle A.

       Subtitle C--GAO Review of Factors to Determine Assistance

     SEC. __31. GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall issue a report describing the factors the Agency 
     considers when evaluating a request from a Governor to 
     declare that a major disaster or emergency exists and to 
     authorize assistance under sections 402, 403, 406, 407, 408, 
     428, and 502 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5172, 5173, 
     5174, 5189f, 5192).
       (b) Contents.--The report issued under subsection (a) shall 
     include--
       (1) an assessment of--
       (A) the degree to which the factors the Agency considers 
     when evaluating a request for a major disaster or emergency 
     declaration--
       (i) affect equity for underserved communities, particularly 
     with respect to major disaster and emergency declaration 
     requests, approvals of such requests, and the authorization 
     of assistance described in subsection (a); and
       (ii) are designed to deliver equitable outcomes;
       (B) how the Agency utilizes such factors or monitors 
     whether such factors result in equitable outcomes;
       (C) the extent to which major disaster and emergency 
     declaration requests, approvals of such requests, and the 
     authorization of assistance described in subsection (a), are 
     more highly correlated with high-income counties compared to 
     lower-income counties;
       (D) whether the process and administrative steps for 
     conducting preliminary damage assessments are equitable; and
       (E) to the extent practicable, whether such factors may 
     deter a Governor from seeking a major disaster or emergency 
     declaration for potentially eligible counties; and
       (2) a consideration of the extent to which such factors 
     affect underserved communities--
       (A) of varying size;
       (B) with varying population density and demographic 
     characteristics;
       (C) with limited emergency management staff and resources; 
     and
       (D) located in urban or rural areas.
       (c) Recommendations.--The Comptroller General of the United 
     States shall include in the report issued under subsection 
     (a) any recommendations for changes to the factors the Agency 
     considers when evaluating a request for a major disaster or 
     emergency declaration to account for underserved communities.
                                 ______
                                 
  SA 6164. Ms. WARREN (for herself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. ___. POSTSECONDARY STUDENT DATA SYSTEM.

       (a) Short Title.--This section may be cited as the 
     ``College Transparency Act''.
       (b) Postsecondary Student Data System.--Section 132 of the 
     Higher Education Act of 1965 (20 U.S.C. 1015a) is amended--
       (1) by redesignating subsection (l) as subsection (m); and
       (2) by inserting after subsection (k) the following:
       ``(l) Postsecondary Student Data System.--
       ``(1) In general.--
       ``(A) Establishment of system.--Not later than 4 years 
     after the date of enactment of the College Transparency Act, 
     the Commissioner of the National Center for Education 
     Statistics (referred to in this subsection as the 
     `Commissioner') shall develop and maintain a secure, privacy-
     protected postsecondary student-level data system in order 
     to--
       ``(i) accurately evaluate student enrollment patterns, 
     progression, completion, and postcollegiate outcomes, and 
     higher education costs and financial aid;
       ``(ii) assist with transparency, institutional improvement, 
     and analysis of Federal aid programs;
       ``(iii) provide accurate, complete, and customizable 
     information for students and families making decisions about 
     postsecondary education; and
       ``(iv) reduce the reporting burden on institutions of 
     higher education, in accordance with section __(b) of the 
     College Transparency Act.
       ``(B) Avoiding duplicated reporting.--Notwithstanding any 
     other provision of this section, to the extent that another 
     provision of this section requires the same reporting or 
     collection of data that is required under this subsection, an 
     institution of higher education, or the Secretary or 
     Commissioner, may use the reporting or data required for the 
     postsecondary student data system under this subsection to 
     satisfy both requirements.
       ``(C) Development process.--In developing the postsecondary 
     student data system described in this subsection, the 
     Commissioner shall--
       ``(i) focus on the needs of--

       ``(I) users of the data system; and
       ``(II) entities, including institutions of higher 
     education, reporting to the data system;

       ``(ii) take into consideration, to the extent practicable--

       ``(I) the guidelines outlined in the U.S. Web Design 
     Standards maintained by the General Services Administration 
     and the Digital Services Playbook and TechFAR Handbook for 
     Procuring Digital Services Using Agile Processes of the U.S. 
     Digital Service; and
       ``(II) the relevant successor documents or recommendations 
     of such guidelines;

       ``(iii) use modern, relevant privacy- and security-
     enhancing technology, and enhance and update the data system 
     as necessary to carry out the purpose of this subsection;
       ``(iv) ensure data privacy and security is consistent with 
     any Federal law relating to privacy or data security, 
     including--

       ``(I) the requirements of subchapter II of chapter 35 of 
     title 44, United States Code, specifying security 
     categorization under the Federal Information Processing 
     Standards or any relevant successor of such standards;
       ``(II) security requirements that are consistent with the 
     Federal agency responsibilities in section 3554 of title 44, 
     United States Code, or any relevant successor of such 
     responsibilities; and
       ``(III) security requirements, guidelines, and controls 
     consistent with cybersecurity standards and best practices 
     developed by the National Institute of Standards and 
     Technology, including frameworks, consistent with section 
     2(c) of the National Institute of Standards and Technology 
     Act (15 U.S.C. 272(c)), or any relevant successor of such 
     frameworks;

       ``(v) follow Federal data minimization practices to ensure 
     only the minimum amount of data is collected to meet the 
     system's goals, in accordance with Federal data minimization 
     standards and guidelines developed by the National Institute 
     of Standards and Technology; and
       ``(vi) provide notice to students outlining the data 
     included in the system and how the data are used.
       ``(2) Data elements.--
       ``(A) In general.--Not later than 4 years after the date of 
     enactment of the College Transparency Act, the Commissioner, 
     in consultation with the Postsecondary Student Data System 
     Advisory Committee established under subparagraph (B), shall 
     determine--
       ``(i) the data elements to be included in the postsecondary 
     student data system, in accordance with subparagraphs (C) and 
     (D); and
       ``(ii) how to include the data elements required under 
     subparagraph (C), and any additional data elements selected 
     under subparagraph (D), in the postsecondary student data 
     system.
       ``(B) Postsecondary student data system advisory 
     committee.--
       ``(i) Establishment.--Not later than 2 years after the date 
     of enactment of the College Transparency Act, the 
     Commissioner shall establish a Postsecondary Student Data 
     System Advisory Committee (referred to in this subsection as 
     the `Advisory Committee'), whose members shall include--

       ``(I) the Chief Privacy Officer of the Department or an 
     official of the Department delegated the duties of overseeing 
     data privacy at the Department;
       ``(II) the Chief Security Officer of the Department or an 
     official of the Department delegated the duties of overseeing 
     data security at the Department;

[[Page S5699]]

       ``(III) representatives of diverse institutions of higher 
     education, which shall include equal representation between 
     2-year and 4-year institutions of higher education, and from 
     public, nonprofit, and proprietary institutions of higher 
     education, including minority-serving institutions;
       ``(IV) representatives from State higher education 
     agencies, entities, bodies, or boards;
       ``(V) representatives of postsecondary students;
       ``(VI) representatives from relevant Federal agencies; and
       ``(VII) other stakeholders (including individuals with 
     expertise in data privacy and security, consumer protection, 
     and postsecondary education research).

       ``(ii) Requirements.--The Commissioner shall ensure that 
     the Advisory Committee--

       ``(I) adheres to all requirements under the Federal 
     Advisory Committee Act (5 U.S.C. App.);
       ``(II) establishes operating and meeting procedures and 
     guidelines necessary to execute its advisory duties; and
       ``(III) is provided with appropriate staffing and resources 
     to execute its advisory duties.

       ``(C) Required data elements.--The data elements in the 
     postsecondary student data system shall include, at a 
     minimum, the following:
       ``(i) Student-level data elements necessary to calculate 
     the information within the surveys designated by the 
     Commissioner as `student-related surveys' in the Integrated 
     Postsecondary Education Data System (IPEDS), as such surveys 
     are in effect on the day before the date of enactment of the 
     College Transparency Act, except that in the case that 
     collection of such elements would conflict with subparagraph 
     (F), such elements in conflict with subparagraph (F) shall be 
     included in the aggregate instead of at the student level.
       ``(ii) Student-level data elements necessary to allow for 
     reporting student enrollment, persistence, retention, 
     transfer, and completion measures for all credential levels 
     separately (including certificate, associate, baccalaureate, 
     and advanced degree levels), within and across institutions 
     of higher education (including across all categories of 
     institution level, control, and predominant degree awarded). 
     The data elements shall allow for reporting about all such 
     data disaggregated by the following categories:

       ``(I) Enrollment status as a first-time student, recent 
     transfer student, or other non-first-time student.
       ``(II) Attendance intensity, whether full-time or part-
     time.
       ``(III) Credential-seeking status, by credential level.
       ``(IV) Race or ethnicity, in a manner that captures all the 
     racial groups specified in the most recent American Community 
     Survey of the Bureau of the Census.
       ``(V) Age intervals.
       ``(VI) Gender.
       ``(VII) Program of study (as applicable).
       ``(VIII) Military or veteran benefit status (as determined 
     based on receipt of veteran's education benefits, as defined 
     in section 480(c)).
       ``(IX) Status as a distance education student, whether 
     exclusively or partially enrolled in distance education.
       ``(X) Federal Pell Grant recipient status under section 401 
     and Federal loan recipient status under title IV, provided 
     that the collection of such information complies with 
     paragraph (1)(B).

       ``(D) Other data elements.--
       ``(i) In general.--The Commissioner may, after consultation 
     with the Advisory Committee and provision of a public comment 
     period, include additional data elements in the postsecondary 
     student data system, such as those described in clause (ii), 
     if those data elements--

       ``(I) are necessary to ensure that the postsecondary data 
     system fulfills the purposes described in paragraph (1)(A); 
     and
       ``(II) are consistent with data minimization principles, 
     including the collection of only those additional elements 
     that are necessary to ensure such purposes.

       ``(ii) Data elements.--The data elements described in 
     clause (i) may include--

       ``(I) status as a first generation college student, as 
     defined in section 402A(h);
       ``(II) economic status;
       ``(III) participation in postsecondary remedial coursework 
     or gateway course completion; or
       ``(IV) other data elements that are necessary in accordance 
     with clause (i).

       ``(E) Reevaluation.--Not less than once every 3 years after 
     the implementation of the postsecondary student data system 
     described in this subsection, the Commissioner, in 
     consultation with the Advisory Committee described in 
     subparagraph (B), shall review the data elements included in 
     the postsecondary student data system and may revise the data 
     elements to be included in such system.
       ``(F) Prohibitions.--The Commissioner shall not include 
     individual health data (including data relating to physical 
     health or mental health), student discipline records or data, 
     elementary and secondary education data, an exact address, 
     citizenship status, migrant status, or national origin status 
     for students or their families, course grades, postsecondary 
     entrance examination results, political affiliation, or 
     religion in the postsecondary student data system under this 
     subsection.
       ``(3) Periodic matching with other federal data systems.--
       ``(A) Data sharing agreements.--
       ``(i) The Commissioner shall ensure secure, periodic data 
     matches by entering into data sharing agreements with each of 
     the following Federal agencies and offices:

       ``(I) The Secretary of the Treasury and the Commissioner of 
     the Internal Revenue Service, in order to calculate aggregate 
     program- and institution-level earnings of postsecondary 
     students.
       ``(II) The Secretary of Defense, in order to assess the use 
     of postsecondary educational benefits and the outcomes of 
     servicemembers.
       ``(III) The Secretary of Veterans Affairs, in order to 
     assess the use of postsecondary educational benefits and 
     outcomes of veterans.
       ``(IV) The Director of the Bureau of the Census, in order 
     to assess the earnings outcomes of former postsecondary 
     education students.
       ``(V) The Chief Operating Officer of the Office of Federal 
     Student Aid, in order to analyze the use of postsecondary 
     educational benefits provided under this Act.
       ``(VI) The Commissioner of the Social Security 
     Administration, in order to evaluate labor market outcomes of 
     former postsecondary education students.
       ``(VII) The Commissioner of the Bureau of Labor Statistics, 
     in order to assess the wages of former postsecondary 
     education students.

       ``(ii) The heads of Federal agencies and offices described 
     under clause (i) shall enter into data sharing agreements 
     with the Commissioner to ensure secure, periodic data matches 
     as described in this paragraph.
       ``(B) Categories of data.--The Commissioner shall, at a 
     minimum, seek to ensure that the secure periodic data system 
     matches described in subparagraph (A) permit consistent 
     reporting of the following categories of data for all 
     postsecondary students:
       ``(i) Enrollment, retention, transfer, and completion 
     outcomes for all postsecondary students.
       ``(ii) Financial indicators for postsecondary students 
     receiving Federal grants and loans, including grant and loan 
     aid by source, cumulative student debt, loan repayment 
     status, and repayment plan.
       ``(iii) Post-completion outcomes for all postsecondary 
     students, including earnings, employment, and further 
     education, by program of study and credential level and as 
     measured--

       ``(I) immediately after leaving postsecondary education; 
     and
       ``(II) at time intervals appropriate to the credential 
     sought and earned.

       ``(C) Periodic data match streamlining and 
     confidentiality.--
       ``(i) Streamlining.--In carrying out the secure periodic 
     data system matches under this paragraph, the Commissioner 
     shall--

       ``(I) ensure that such matches are not continuous, but 
     occur only periodically at appropriate intervals, as 
     determined by the Commissioner to meet the goals of 
     subparagraph (A); and
       ``(II) seek to--

       ``(aa) streamline the data collection and reporting 
     requirements for institutions of higher education;
       ``(bb) minimize duplicative reporting across or within 
     Federal agencies or departments, including reporting 
     requirements applicable to institutions of higher education 
     under the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3101 et seq.) and the Carl D. Perkins Career and Technical 
     Education Act of 2006;
       ``(cc) protect student privacy; and
       ``(dd) streamline the application process for student loan 
     benefit programs available to borrowers based on data 
     available from different Federal data systems.
       ``(ii) Review.--Not less often than once every 3 years 
     after the establishment of the postsecondary student data 
     system under this subsection, the Commissioner, in 
     consultation with the Advisory Committee, shall review 
     methods for streamlining data collection from institutions of 
     higher education and minimizing duplicative reporting within 
     the Department and across Federal agencies that provide data 
     for the postsecondary student data system.
       ``(iii) Confidentiality.--The Commissioner shall ensure 
     that any periodic matching or sharing of data through 
     periodic data system matches established in accordance with 
     this paragraph--

       ``(I) complies with the security and privacy protections 
     described in paragraph (1)(C)(iv) and other Federal data 
     protection protocols;
       ``(II) follows industry best practices commensurate with 
     the sensitivity of specific data elements or metrics;
       ``(III) does not result in the creation of a single 
     standing, linked Federal database at the Department that 
     maintains the information reported across other Federal 
     agencies; and
       ``(IV) discloses to postsecondary students what data are 
     included in the data system and periodically matched and how 
     the data are used.

       ``(iv) Correction.--The Commissioner, in consultation with 
     the Advisory Committee, shall establish a process for 
     students to request access to only their personal information 
     for inspection and request corrections to inaccuracies in a 
     manner that protects the student's personally identifiable 
     information. The Commissioner shall respond in writing to 
     every request for a correction from a student.
       ``(4) Publicly available information.--
       ``(A) In general.--The Commissioner shall make the summary 
     aggregate information

[[Page S5700]]

     described in subparagraph (C), at a minimum, publicly 
     available through a user-friendly consumer information 
     website and analytic tool that--
       ``(i) provides appropriate mechanisms for users to 
     customize and filter information by institutional and student 
     characteristics;
       ``(ii) allows users to build summary aggregate reports of 
     information, including reports that allow comparisons across 
     multiple institutions and programs, subject to subparagraph 
     (B);
       ``(iii) uses appropriate statistical disclosure limitation 
     techniques necessary to ensure that the data released to the 
     public cannot be used to identify specific individuals; and
       ``(iv) provides users with appropriate contextual factors 
     to make comparisons, which may include national median 
     figures of the summary aggregate information described in 
     subparagraph (C).
       ``(B) No personally identifiable information available.--
     The summary aggregate information described in this paragraph 
     shall not include personally identifiable information.
       ``(C) Summary aggregate information available.--The summary 
     aggregate information described in this paragraph shall, at a 
     minimum, include each of the following for each institution 
     of higher education:
       ``(i) Measures of student access, including--

       ``(I) admissions selectivity and yield; and
       ``(II) enrollment, disaggregated by each category described 
     in paragraph (2)(C)(ii).

       ``(ii) Measures of student progression, including retention 
     rates and persistence rates, disaggregated by each category 
     described in paragraph (2)(C)(ii).
       ``(iii) Measures of student completion, including--

       ``(I) transfer rates and completion rates, disaggregated by 
     each category described in paragraph (2)(C)(ii); and
       ``(II) number of completions, disaggregated by each 
     category described in paragraph (2)(C)(ii).

       ``(iv) Measures of student costs, including--

       ``(I) tuition, required fees, total cost of attendance, and 
     net price after total grant aid, disaggregated by in-State 
     tuition or in-district tuition status (if applicable), 
     program of study (if applicable), and credential level; and
       ``(II) typical grant amounts and loan amounts received by 
     students reported separately from Federal, State, local, and 
     institutional sources, and cumulative debt, disaggregated by 
     each category described in paragraph (2)(C)(ii) and 
     completion status.

       ``(v) Measures of postcollegiate student outcomes, 
     including employment rates, mean and median earnings, loan 
     repayment and default rates, and further education rates. 
     These measures shall--

       ``(I) be disaggregated by each category described in 
     paragraph (2)(C)(ii) and completion status; and
       ``(II) be measured immediately after leaving postsecondary 
     education and at time intervals appropriate to the credential 
     sought or earned.

       ``(D) Development criteria.--In developing the method and 
     format of making the information described in this paragraph 
     publicly available, the Commissioner shall--
       ``(i) focus on the needs of the users of the information, 
     which will include students, families of students, potential 
     students, researchers, and other consumers of education data;
       ``(ii) take into consideration, to the extent practicable, 
     the guidelines described in paragraph (1)(C)(ii)(I), and 
     relevant successor documents or recommendations of such 
     guidelines;
       ``(iii) use modern, relevant technology and enhance and 
     update the postsecondary student data system with 
     information, as necessary to carry out the purpose of this 
     paragraph;
       ``(iv) ensure data privacy and security in accordance with 
     standards and guidelines developed by the National Institute 
     of Standards and Technology, and in accordance with any other 
     Federal law relating to privacy or security, including 
     complying with the requirements of subchapter II of chapter 
     35 of title 44, United States Code, specifying security 
     categorization under the Federal Information Processing 
     Standards, and security requirements, and setting of National 
     Institute of Standards and Technology security baseline 
     controls at the appropriate level; and
       ``(v) conduct consumer testing to determine how to make the 
     information as meaningful to users as possible.
       ``(5) Permissible disclosures of data.--
       ``(A) Data reports and queries.--
       ``(i) In general.--Not later than 4 years after the date of 
     enactment of the College Transparency Act, the Commissioner 
     shall develop and implement a secure process for making 
     student-level, non-personally identifiable information, with 
     direct identifiers removed, from the postsecondary student 
     data system available for vetted research and evaluation 
     purposes approved by the Commissioner in a manner compatible 
     with practices for disclosing National Center for Education 
     Statistics restricted-use survey data as in effect on the day 
     before the date of enactment of the College Transparency Act, 
     or by applying other research and disclosure restrictions to 
     ensure data privacy and security. Such process shall be 
     approved by the National Center for Education Statistics' 
     Disclosure Review Board (or successor body).
       ``(ii) Providing data reports and queries to institutions 
     and states.--

       ``(I) In general.--The Commissioner shall provide feedback 
     reports, at least annually, to each institution of higher 
     education, each postsecondary education system that fully 
     participates in the postsecondary student data system, and 
     each State higher education body as designated by the 
     governor.
       ``(II) Feedback reports.--The feedback reports provided 
     under this clause shall include program-level and 
     institution-level information from the postsecondary student 
     data system regarding students who are associated with the 
     institution or, for State representatives, the institutions 
     within that State, on or before the date of the report, on 
     measures including student mobility and workforce outcomes, 
     provided that the feedback aggregate summary reports protect 
     the privacy of individuals.
       ``(III) Determination of content.--The content of the 
     feedback reports shall be determined by the Commissioner in 
     consultation with the Advisory Committee.

       ``(iii) Permitting state data queries.--The Commissioner 
     shall, in consultation with the Advisory Committee and as 
     soon as practicable, create a process through which States 
     may submit lists of secondary school graduates within the 
     State to receive summary aggregate outcomes for those 
     students who enrolled at an institution of higher education, 
     including postsecondary enrollment and college completion, 
     provided that those data protect the privacy of individuals 
     and that the State data submitted to the Commissioner are not 
     stored in the postsecondary education system.
       ``(iv) Regulations.--The Commissioner shall promulgate 
     regulations to ensure fair, secure, and equitable access to 
     data reports and queries under this paragraph.
       ``(B) Disclosure limitations.--In carrying out the public 
     reporting and disclosure requirements of this subsection, the 
     Commissioner shall use appropriate statistical disclosure 
     limitation techniques necessary to ensure that the data 
     released to the public cannot include personally identifiable 
     information or be used to identify specific individuals.
       ``(C) Sale of data prohibited.--Data collected under this 
     subsection, including the public-use data set and data 
     comprising the summary aggregate information available under 
     paragraph (4), shall not be sold to any third party by the 
     Commissioner, including any institution of higher education 
     or any other entity.
       ``(D) Limitation on use by other federal agencies.--
       ``(i) In general.--The Commissioner shall not allow any 
     other Federal agency to use data collected under this 
     subsection for any purpose except--

       ``(I) for vetted research and evaluation conducted by the 
     other Federal agency, as described in subparagraph (A)(i); or
       ``(II) for a purpose explicitly authorized by this Act.

       ``(ii) Prohibition on limitation of services.--The 
     Secretary, or the head of any other Federal agency, shall not 
     use data collected under this subsection to limit services to 
     students.
       ``(E) Law enforcement.--Personally identifiable information 
     collected under this subsection shall not be used for any 
     Federal, State, or local law enforcement activity or any 
     other activity that would result in adverse action against 
     any student or a student's family, including debt collection 
     activity or enforcement of immigration laws.
       ``(F) Limitation of use for federal rankings or summative 
     rating system.--The comprehensive data collection and 
     analysis necessary for the postsecondary student data system 
     under this subsection shall not be used by the Secretary or 
     any Federal entity to establish any Federal ranking system of 
     institutions of higher education or a system that results in 
     a summative Federal rating of institutions of higher 
     education.
       ``(G) Rule of construction.--Nothing in this paragraph 
     shall be construed to prevent the use of individual 
     categories of aggregate information to be used for 
     accountability purposes.
       ``(H) Rule of construction regarding commercial use of 
     data.--Nothing in this paragraph shall be construed to 
     prohibit third-party entities from using publicly available 
     information in this data system for commercial use.
       ``(6) Submission of data.--
       ``(A) Required submission.--Each institution of higher 
     education participating in a program under title IV, or the 
     assigned agent of such institution, shall, for each eligible 
     program, in accordance with section 487(a)(17), collect, and 
     submit to the Commissioner, the data requested by the 
     Commissioner to carry out this subsection.
       ``(B) Voluntary submission.--Any institution of higher 
     education not participating in a program under title IV may 
     voluntarily participate in the postsecondary student data 
     system under this subsection by collecting and submitting 
     data to the Commissioner, as the Commissioner may request to 
     carry out this subsection.
       ``(C) Personally identifiable information.--In accordance 
     with paragraph (2)(C)(i), if the submission of an element of 
     student-level data is prohibited under paragraph (2)(F) (or 
     otherwise prohibited by law), the institution of higher 
     education shall submit that data to the Commissioner in the 
     aggregate.
       ``(7) Unlawful willful disclosure.--

[[Page S5701]]

       ``(A) In general.--It shall be unlawful for any person who 
     obtains or has access to personally identifiable information 
     in connection with the postsecondary student data system 
     described in this subsection to willfully disclose to any 
     person (except as authorized in this Act or by any Federal 
     law) such personally identifiable information.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be subject to a penalty described under section 3572(f) 
     of title 44, United States Code, and section 183(d)(6) of the 
     Education Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).
       ``(C) Employee or officer of the united states.--If a 
     violation of subparagraph (A) is committed by any officer or 
     employee of the United States, the officer or employee shall 
     be dismissed from office or discharged from employment upon 
     conviction for the violation.
       ``(8) Data security.--The Commissioner shall produce and 
     update as needed guidance and regulations relating to 
     privacy, security, and access which shall govern the use and 
     disclosure of data collected in connection with the 
     activities authorized in this subsection. The guidance and 
     regulations developed and reviewed shall protect data from 
     unauthorized access, use, and disclosure, and shall include--
       ``(A) an audit capability, including mandatory and 
     regularly conducted audits;
       ``(B) access controls;
       ``(C) requirements to ensure sufficient data security, 
     quality, validity, and reliability;
       ``(D) confidentiality protection in accordance with the 
     applicable provisions of subchapter III of chapter 35 of 
     title 44, United States Code;
       ``(E) appropriate and applicable privacy and security 
     protection, including data retention and destruction 
     protocols and data minimization, in accordance with the most 
     recent Federal standards developed by the National Institute 
     of Standards and Technology; and
       ``(F) protocols for managing a breach, including breach 
     notifications, in accordance with the standards of National 
     Center for Education Statistics.
       ``(9) Data collection.--The Commissioner shall ensure that 
     data collection, maintenance, and use under this subsection 
     complies with section 552a of title 5, United States Code.
       ``(10) Definitions.--In this subsection:
       ``(A) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 102.
       ``(B) Minority-serving institution.--The term `minority-
     serving institution' means an institution of higher education 
     listed in section 371(a).
       ``(C) Personally identifiable information.--The term 
     `personally identifiable information' means personally 
     identifiable information within the meaning of section 444 of 
     the General Education Provisions Act.''.
       (c) Repeal of Prohibition on Student Data System.--Section 
     134 of the Higher Education Act of 1965 (20 U.S.C. 1015c) is 
     repealed.
       (d) Institutional Requirements.--
       (1) In general.--Paragraph (17) of section 487(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended 
     to read as follows:
       ``(17) The institution or the assigned agent of the 
     institution will collect and submit data to the Commissioner 
     for Education Statistics in accordance with section 132(l), 
     the nonstudent related surveys within the Integrated 
     Postsecondary Education Data System (IPEDS), or any other 
     Federal institution of higher education data collection 
     effort (as designated by the Secretary), in a timely manner 
     and to the satisfaction of the Secretary.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 4 years after the date 
     of enactment of this Act.
       (e) Transition Provisions.--The Secretary of Education and 
     the Commissioner for Education Statistics shall take such 
     steps as are necessary to ensure that the development and 
     maintenance of the postsecondary student data system required 
     under section 132(l) of the Higher Education Act of 1965, as 
     added by subsection (b) of this section, occurs in a manner 
     that reduces the reporting burden for entities that reported 
     into the Integrated Postsecondary Education Data System 
     (IPEDS).
                                 ______
                                 
  SA 6165. Mr. PADILLA (for himself, Mr. Paul, Mr. Blunt, Mr. Cramer, 
Mr. King, Mr. Durbin, Ms. Klobuchar, Mr. Rounds, 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. ___. IMMIGRATION AGE-OUT PROTECTIONS.

       (a) Age-out Protections for Immigrants.--
       (1) In general.--Section 101(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)) is amended by adding at 
     the end the following:
       ``(6) A determination of whether an alien is a child shall 
     be made as follows:
       ``(A) For purposes of a petition under section 204 and a 
     subsequent application for an immigrant visa or adjustment of 
     status, such determination shall be made using the age of the 
     alien on the date that is the priority date for the principal 
     beneficiary and all derivative beneficiaries under section 
     203(h).
       ``(B) For purposes of a petition under section 214(d) and a 
     subsequent application for adjustment of status under section 
     245(d), such determination shall be made using the age of the 
     alien on the date on which the petition is filed with the 
     Secretary of Homeland Security.
       ``(C) In the case of a petition under section 204 filed for 
     an alien's classification as a married son or daughter of a 
     United States citizen under section 203(a)(3), if the 
     petition is later converted, due to the legal termination of 
     the alien's marriage, to a petition to classify the alien as 
     an immediate relative under section 201(b)(2)(A)(i) or as an 
     unmarried son or daughter of a United States citizen under 
     section 203(a)(1), the determination of the alien's age shall 
     be made using the age of the alien on the date of the 
     termination of the marriage.
       ``(D) For an alien who was in status as a dependent child 
     of a nonimmigrant pursuant to an approved employment-based 
     petition under section 214 or an approved application under 
     section 101(a)(15)(E) for an aggregate period of eight years 
     prior to the age of 21, notwithstanding subparagraphs (A) 
     through (C), the alien's age shall be based on the date that 
     such initial nonimmigrant employment-based petition or 
     application was filed.
       ``(E) For an alien who has not sought to acquire status of 
     an alien lawfully admitted for permanent residence within two 
     years of an immigrant visa number becoming available to such 
     alien, the alien's age shall be their biological age unless 
     the failure to seek to acquire status was due to 
     extraordinary circumstances.
       ``(7) An alien who has reached 21 years of age and has been 
     admitted under section 203(d) as a lawful permanent resident 
     on a conditional basis as the child of an alien lawfully 
     admitted for permanent residence under section 203(b)(5), 
     whose lawful permanent resident status on a conditional basis 
     is terminated under section 216A or section 203(b)(5)(M), 
     shall continue to be considered a child of the principal 
     alien for the purpose of a subsequent immigrant petition by 
     such alien under section 203(b)(5) if the alien remains 
     unmarried and the subsequent petition is filed by the 
     principal alien not later than 1 year after the termination 
     of conditional lawful permanent resident status. No alien 
     shall be considered a child under this paragraph with respect 
     to more than 1 petition filed after the alien reaches 21 
     years of age.''.
       (2) Technical and conforming amendment.--Section 201 of the 
     Immigration and Nationality Act (8 U.S.C. 1151) is amended by 
     striking subsection (f).
       (3) Effective date.--
       (A) In general.--The amendments made by this section shall 
     be effective as if included in the Child Status Protection 
     Act (Public Law 107-208).
       (B) Motion to reopen or reconsider.--
       (i) In general.--A motion to reopen or reconsider the 
     denial of a petition or application described in paragraph 
     (6) of section 101(b), as amended in paragraph (1), may be 
     granted if--

       (I) such petition or application would have been approved 
     if the amendments described in such paragraph had been in 
     effect at the time of adjudication of the petition or 
     application;
       (II) the individual seeking relief pursuant to such motion 
     was in the United States at the time the underlying petition 
     or application was filed; and
       (III) such motion is filed with the Secretary of Homeland 
     Security or the Attorney General not later than the date that 
     is 2 years after the date of the enactment of this Act.

       (ii) Numerical limitations.--Notwithstanding any other 
     provision of law, an individual granted relief pursuant to 
     such motion to reopen or reconsider shall be exempt from 
     numerical limitations in sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (b) Age Out Protections for Nonimmigrant Dependent 
     Children.--Section 214 of the Immigration and Nationality Act 
     (8 U.S.C. 1184) is amended by adding at the end the 
     following:
       ``(s)(1) Except as described in paragraph (2), the 
     determination of whether an alien who is the derivative 
     beneficiary of a properly filed pending or approved immigrant 
     petition under section 204 is eligible to be a dependent 
     child of a nonimmigrant admitted pursuant to an approved 
     employer petition under this section or approved application 
     under section 101(a)(15)(E), shall be based on whether the 
     alien is determined to be a child under section 101(b)(6) of 
     the Immigration and Nationality Act.
       ``(2) If otherwise eligible, an alien who is determined to 
     be a child pursuant to section 101(b)(6)(D) may change status 
     to or extend status as a dependent child of a nonimmigrant 
     with an approved employment based petition under this section 
     or an approved application under section

[[Page S5702]]

     101(a)(15)(E), notwithstanding such alien's marital status.
       ``(3) An alien who is admitted to the United States as a 
     dependent child of a nonimmigrant who is described in this 
     section is authorized to engage in employment in the United 
     States incident to status.''.
       (c) Priority Date Retention.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended 
     to read as follows:
       ``(h) Retention of Priority Dates.--
       ``(1) Priority date.--The priority date for an alien shall 
     be the date that is the earliest of--
       ``(A) the date that a petition under section 204 is filed 
     with the Secretary of Homeland Security (or the Secretary of 
     State, if applicable); or
       ``(B) the date on which a labor certification is filed with 
     the Secretary of Labor.
       ``(2) Retention.--The principal beneficiary and all 
     derivative beneficiaries shall retain the priority date 
     associated with the earliest of any approved petition or 
     labor certification and such priority date shall be 
     applicable to any subsequently approved petition.''.

     SEC. ___. MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and 
     inserting ``$7,279,000,000''.
                                 ______
                                 
  SA 6166. Mr. INHOFE (for 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 subtitle D of title XII, add the following:

     SEC. 1254. NORTH KOREAN HUMAN RIGHTS.

       (a) Short Title.--This section may be cited as the ``North 
     Korean Human Rights Reauthorization Act of 2022''.
       (b) Findings.--Congress makes the following findings:
       (1) The North Korean Human Rights Act of 2004 (Public Law 
     108-333; 22 U.S.C. 7801 et seq.) and subsequent 
     reauthorizations of such Act were the product of broad, 
     bipartisan consensus regarding the promotion of human rights, 
     documentation of human rights violations, transparency in the 
     delivery of humanitarian assistance, and the importance of 
     refugee protection.
       (2) The human rights and humanitarian conditions within 
     North Korea remain deplorable and have been intentionally 
     perpetuated against the people of North Korea through 
     policies endorsed and implemented by Kim Jong-un and the 
     Workers' Party of Korea.
       (3) According to a 2014 report released by the United 
     Nations Human Rights Council's Commission of Inquiry on Human 
     Rights in the Democratic People's Republic of Korea, between 
     80,000 and 120,000 children, women, and men were being held 
     in political prison camps in North Korea, where they were 
     subjected to deliberate starvation, forced labor, executions, 
     torture, rape, forced abortion, and infanticide.
       (4) North Korea continues to hold a number of South Koreans 
     and Japanese abducted after the signing of the Agreement 
     Concerning a Military Armistice in Korea, signed at Panmunjom 
     July 27, 1953 (commonly referred to as the ``Korean War 
     Armistice Agreement'') and refuses to acknowledge the 
     abduction of more than 100,000 South Koreans during the 
     Korean War in violation of the Geneva Convention.
       (5) Human rights violations in North Korea, which include 
     forced starvation, sexual violence against women and 
     children, restrictions on freedom of movement, arbitrary 
     detention, torture, executions, and enforced disappearances, 
     amount to crimes against humanity according to the United 
     Nations Commission of Inquiry on Human Rights in the 
     Democratic People's Republic of Korea.
       (6) The effects of the COVID-19 pandemic and North Korea's 
     strict lockdown of its borders and crackdowns on informal 
     market activities and small entrepreneurship have drastically 
     increased food insecurity for its people and given rise to 
     famine conditions in parts of the country.
       (7) North Korea's COVID-19 border lockdown measures also 
     include shoot-to-kill orders that have resulted in the 
     killing of--
       (A) North Koreans attempting to cross the border; and
       (B) at least 1 South Korean citizen in September 2020.
       (8) The Chinese Communist Party and the Government of the 
     People's Republic of China are aiding and abetting in crimes 
     against humanity by forcibly repatriating North Korean 
     refugees to North Korea where they are sent to prison camps, 
     harshly interrogated, and tortured or executed.
       (9) The forcible repatriation of North Korean refugees 
     violates the People's Republic of China's freely undertaken 
     obligation to uphold the principle of non-refoulement, under 
     the Convention Relating to the Status of Refugees, done at 
     Geneva July 28, 1951 (and made applicable by the Protocol 
     Relating to the Status of Refugees, done at New York January 
     31, 1967 (19 UST 6223)).
       (10) North Korea continues to bar freedom of religion and 
     persecute religious minorities, especially Christians. 
     Eyewitnesses report that Christians in North Korea have been 
     tortured, forcibly detained, and even executed for possessing 
     a Bible or professing Christianity.
       (11) United States and international broadcasting 
     operations into North Korea--
       (A) serve as a critical source of outside news and 
     information for the North Korean people; and
       (B) provide a valuable service for countering regime 
     propaganda and false narratives.
       (12) The position of Special Envoy on North Korean Human 
     Rights Issues has been vacant since January 2017, even though 
     the President is required to appoint a Senate-confirmed 
     Special Envoy to fill this position in accordance with 
     section 107 of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7817).
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) promoting information access in North Korea continues 
     to be a successful method of countering North Korean 
     propaganda;
       (2) the United States Government should continue to support 
     efforts described in paragraph (1), including by enacting and 
     implementing the Otto Warmbier North Korean Censorship and 
     Surveillance Act of 2021, which was introduced by Senator 
     Portman on June 17, 2021;
       (3) because refugees among North Koreans fleeing into China 
     face severe punishments upon their forcible return, the 
     United States should urge the Government of the People's 
     Republic of China--
       (A) to immediately halt its forcible repatriation of North 
     Koreans;
       (B) to allow the United Nations High Commissioner for 
     Refugees (referred to in this section as ``UNHCR'') unimpeded 
     access to North Koreans within China to determine whether 
     they are refugees and require assistance;
       (C) to fulfill its obligations under the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1951 (and made applicable by the Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223) and the Agreement on the upgrading of the UNHCR Mission 
     in the People's Republic of China to UNHCR branch office in 
     the People's Republic of China, done at Geneva December 1, 
     1995;
       (D) to address the concerns of the United Nations Committee 
     Against Torture by incorporating into domestic legislation 
     the principle of non-refoulement; and
       (E) to recognize the legal status of North Korean women who 
     marry or have children with Chinese citizens and ensure that 
     all such mothers and children are granted resident status and 
     access to education and other public services in accordance 
     with Chinese law and international standards;
       (4) the United States Government should continue to promote 
     the effective and transparent delivery and distribution of 
     any humanitarian aid provided in North Korea to ensure that 
     such aid reaches its intended recipients to the point of 
     consumption or utilization by cooperating closely with the 
     Government of the Republic of Korea and international and 
     nongovernmental organizations;
       (5) the Department of State should continue to take steps 
     to increase public awareness about the risks and dangers of 
     travel by United States citizens to North Korea, including by 
     continuing its policy of blocking United States passports 
     from being used to travel to North Korea without a special 
     validation from the Department of State;
       (6) the United Nations, which has a significant role to 
     play in promoting and improving human rights in North Korea, 
     should press for access for the United Nations Special 
     Rapporteur and the United Nations High Commissioner for Human 
     Rights on the situation of human rights in North Korea;
       (7) the Special Envoy for North Korean Human Rights Issues 
     should be appointed without delay--
       (A) to properly promote and coordinate North Korean human 
     rights and humanitarian issues; and
       (B) to participate in policy planning and implementation 
     with respect to refugee issues;
       (8) the United States should urge North Korea to repeal the 
     Reactionary Thought and Culture Denunciation Law and other 
     draconian laws, regulations, and decrees that manifestly 
     violate the freedom of opinion and expression and the freedom 
     of thought, conscience, and religion;
       (9) the United States should urge North Korea to ensure 
     that any restrictions on addressing the COVID-19 pandemic are 
     necessary, proportionate, nondiscriminatory, time-bound, 
     transparent, and allow international staff to operate inside 
     the North Korea to provide international assistance based on 
     independent needs assessments;
       (10) the United States should expand the Rewards for 
     Justice program to be open to North Korean officials who can 
     provide evidence of crimes against humanity being committed 
     by North Korean officials;
       (11) the United States should continue to seek cooperation 
     from all foreign governments--

[[Page S5703]]

       (A) to allow the UNHCR access to process North Korean 
     refugees overseas for resettlement; and
       (B) to allow United States officials access to process 
     refugees for possible resettlement in the United States; and
       (12) the Secretary of State, through diplomacy by senior 
     officials, including United States ambassadors to Asia-
     Pacific countries, and in close cooperation with South Korea, 
     should make every effort to promote the protection of North 
     Korean refugees, escapees, and defectors.
       (d) Reauthorizations.--
       (1) Support for human rights and democracy programs.--
     Section 102(b)(1) of the North Korean Human Rights Act of 
     2004 (22 U.S.C. 7812(b)(1)) is amended by striking ``2022'' 
     and inserting ``2027''.
       (2) Actions to promote freedom of information.--Section 104 
     of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) 
     is amended--
       (A) in subsection (b)(1), by striking ``2022'' and 
     inserting ``2027''; and
       (B) in subsection (c), by striking ``2022'' and inserting 
     ``2027''.
       (3) Report by special envoy on north korean human rights 
     issues.--Section 107(d) of the North Korean Human Rights Act 
     of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2022'' 
     and inserting ``2027''.
       (4) Report on united states humanitarian assistance.--
     Section 201(a) of the North Korean Human Rights Act of 2004 
     (22 U.S.C. 7831(a)) is amended, in the matter preceding 
     paragraph (1), by striking ``2022'' and inserting ``2027''.
       (5) Assistance provided outside of north korea.--Section 
     203(c)(1) of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7833(c)(1)) is amended by striking ``2018 through 
     2022'' and inserting ``2023 through 2027''.
       (6) Annual reports.--Section 305(a) of the North Korean 
     Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in 
     the matter preceding paragraph (1) by striking ``2022'' and 
     inserting ``2027''.
       (e) Actions to Promote Freedom of Information.--Title I of 
     the North Korean Human Rights Act of 2004 (22 U.S.C. 7811 et 
     seq.) is amended--
       (1) in section 103(a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media''; and
       (2) in section 104(a)--
       (A) by striking ``Broadcasting Board of Governors'' each 
     place such term appears and inserting ``United States Agency 
     for Global Media'';
       (B) in paragraph (7)(B)--
       (i) in the matter preceding clause (i), by striking ``5 
     years'' and inserting ``10 years'';
       (ii) by redesignating clauses (i) through (iii) as clauses 
     (ii) through (iv), respectively;
       (iii) by inserting before clause (ii) the following:
       ``(i) an update of the plan required under subparagraph 
     (A);''; and
       (iv) in clause (iii), as redesignated, by striking 
     ``pursuant to section 403'' and inserting ``to carry out this 
     section''.
       (f) Special Envoy for North Korean Human Rights Issues.-- 
     Section 107 of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7817) is amended by adding at the end the following:
       ``(e) Report on Appointment of Special Envoy.--Not later 
     than 180 days after the date of the enactment of this 
     subsection and annually thereafter through 2027 if the 
     position of Special Envoy remains vacant, the Secretary of 
     State shall submit a report to the appropriate congressional 
     committees that describes the efforts being taken to appoint 
     the Special Envoy.''.
       (g) Support for North Korean Refugees.--
       (1) In general.--The Secretary of State and the Secretary 
     of Homeland Security should collaborate with faith-based and 
     Korean-American organizations to resettle North Korean 
     participants in the United States Refugee Admissions Program 
     in areas with existing Korean-American communities to 
     mitigate trauma and mental health considerations of refugees, 
     as appropriate.
       (2) Resettlement office for north korean refugees.--The 
     Secretary of State shall ensure that a program officer in the 
     Bureau of Population, Refugees, and Migration of the 
     Department of State--
       (A) is stationed in a country in Southeast Asia or East 
     Asia; and
       (B) is principally responsible for facilitating the 
     processing and onward relocation of North Koreans eligible 
     for the United States Refugee Admissions Program or 
     resettlement in South Korea.
       (3) Resettlement location assistance education.--The 
     Secretary of State shall publicly disseminate guidelines and 
     information relating to resettlement options in the United 
     States or South Korea for eligible North Korean refugees, 
     with a particular focus on messaging to North Koreans.
       (4) Mechanisms.--The guidelines and information described 
     in paragraph (3)--
       (A) shall be published on a publicly available website of 
     the Department of State;
       (B) shall be broadcast into North Korea through radio 
     broadcasting operations funded or supported by the United 
     States Government; and
       (C) shall be distributed through brochures or electronic 
     storage devices.
       (h) Authorization of Sanctions for Forced Repatriation of 
     North Korean Refugees.--
       (1) Discretionary designations.--Section 104(b)(1) of the 
     North Korea Sanctions and Policy Enhancement Act of 2016 (22 
     U.S.C. 9214) is amended--
       (A) in subparagraph (M), by striking ``or'' after the 
     semicolon;
       (B) in subparagraph (N), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(O) knowingly, directly or indirectly, forced the 
     repatriation of North Korean refugees to North Korea.''.
       (2) Exemptions.--Section 208(a)(1) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9228(a)(1)) is amended by inserting ``, the Republic of 
     Korea, and Japan'' before the period at the end.
       (i) Report on Humanitarian Exemptions to Sanctions Imposed 
     With Respect to North Korea.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the continued pursuit by the North Korean regime of 
     weapons of mass destruction (including nuclear, chemical, and 
     biological weapons), in addition to its ballistic missile 
     program, along with the regime's gross violations of human 
     rights, have led the international community to impose 
     sanctions with respect to North Korea, including sanctions 
     imposed by the United Nations Security Council;
       (B) authorities should grant exemptions for humanitarian 
     assistance to the people of North Korea consistent with past 
     United Nations Security Council resolutions; and
       (C) humanitarian assistance intended to provide 
     humanitarian relief to the people of North Korea must not be 
     exploited or misdirected by the North Korean regime to 
     benefit the military or elites of North Korea.
       (2) Reports required.--
       (A) Defined term.--In this paragraph, the term ``covered 
     period'' means--
       (i) in the case of the first report required to be 
     submitted under subparagraph (B), the period beginning on 
     January 1, 2018, and ending on the date that is 90 days after 
     the date of the enactment of this Act; and
       (ii) in the case of each subsequent report required to be 
     submitted under paragraph (2), the 1-year period preceding 
     the date by which the report is required to be submitted.
       (B) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 2 years, the Secretary of State shall submit a 
     report to Congress that--
       (i) describes--

       (I) how the North Korean regime has previously exploited 
     humanitarian assistance from the international community to 
     benefit elites and the military in North Korea;
       (II) the most effective methods to provide humanitarian 
     relief, including mechanisms to facilitate humanitarian 
     assistance, to the people of North Korea, who are in dire 
     need of such assistance;
       (III) any requests to the Committee of the United Nations 
     Security Council established by United Nations Security 
     Council Resolution 1718 (2006) (referred to in this 
     subsection as the ``1718 Sanctions Committee'') for 
     humanitarian exemptions from sanctions known to have been 
     denied during the covered period or known to have been in 
     process for more than 30 days as of the date of the report; 
     and
       (IV) any known explanations for the denials and delays 
     referred to in clause (iii); and

       (ii) details any action by a foreign government during the 
     covered period that has delayed or impeded humanitarian 
     assistance that was approved by the 1718 Sanctions Committee.
                                 ______
                                 
  SA 6167. Mr. INHOFE (for Mr. Rubio (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--Taiwan Relations Reinforcement Act of 2022

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Taiwan Relations 
     Reinforcement Act of 2022''.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) The Taiwan Relations Act of 1979 (Public Law 96-8) and 
     the Six Assurances, first articulated by President Ronald 
     Reagan in 1982, are both cornerstones of United States 
     relations with Taiwan, formally known as the Republic of 
     China (ROC).
       (2) The People's Republic of China (PRC) and Taiwan have 
     been ruled without interruption by separate governments since 
     1949, and Taiwan has not been subjected to rule by the PRC at 
     any point since the PRC was first established in 1949.
       (3) The so-called ``One China Policy'' of the United States 
     Government is not the same as the ``One China principle'' 
     espoused by the People's Republic of China.
       (4) Threats and actions by the Government of the People's 
     Republic of China to unilaterally determine Taiwan's future 
     through non-peaceful means, including the direct use of

[[Page S5704]]

     force, military coercion, economic boycotts or embargoes, and 
     efforts to internationally isolate or annex Taiwan, would 
     undermine stability in the Taiwan Strait and are of grave 
     concern to the United States Government.
       (5) The Chinese Communist Party's (CCP) global influence 
     operations and efforts to exert sharp power have sought to 
     diplomatically undermine the legitimacy of the democratically 
     elected Government of Taiwan, intimidate the people of 
     Taiwan, and force Taiwan's diplomatic partners to abandon it.
       (6) The force modernization program and military buildup of 
     the CCP-controlled People's Liberation Army poses a serious 
     challenge to the balance of power in the Indo-Pacific region, 
     including the Taiwan Strait, and to United States national 
     security interests as a Pacific power.
       (7) Cultural and educational exchanges between the United 
     States and Taiwan are a key component of building and 
     strengthening bilateral people-to-people ties and provide 
     important, high-quality learning opportunities for students 
     interested in politics, history, language, and culture.
       (8) Taiwan is an important trading partner for the United 
     States, representing the 10th largest market for United 
     States exports in 2019.
       (9) April 10, 2020, marked the 41st anniversary of the 
     Taiwan Relations Act of 1979 (Public Law 96-8).

     SEC. 1283. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States Government should strengthen 
     cooperation with the military of Taiwan under the framework 
     of the Taiwan Relations Act (Public Law 96-8) and the Six 
     Assurances with consideration of the ongoing military buildup 
     in China and the imbalance in the security environment in the 
     Taiwan Strait;
       (2) the United States Government should urge Taiwan to 
     increase its own investments in military capabilities that 
     support implementation of its asymmetric defense strategy;
       (3) the United States Government should promote dignity and 
     respect for its Taiwanese counterparts, who represent more 
     than 23,000,000 citizens, by using the full range of 
     diplomatic and financial tools available to promote Taiwan's 
     inclusion and meaningful participation in international 
     organizations as well as in bilateral and multilateral 
     security summits, military exercises, and economic dialogues 
     and forums; and
       (4) in order to deepen economic ties and advance the 
     interests of the United States, the United States Government 
     should prioritize the negotiation of a free trade agreement 
     with Taiwan that provides high levels of labor rights and 
     environmental protection as soon as possible.

     SEC. 1284. A TWENTY-FIRST CENTURY PARTNERSHIP WITH TAIWAN.

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

     SEC. 1285. AMERICAN INSTITUTE IN TAIWAN.

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

     SEC. 1286. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE 
                   PROGRAMS WITH TAIWAN.

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

     SEC. 1287. PARTICIPATION OF TAIWAN IN INTERNATIONAL 
                   ORGANIZATIONS.

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

     SEC. 1288. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL 
                   BILATERAL AND MULTILATERAL FORUMS AND 
                   EXERCISES.

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

     SEC. 1289. REPORT ON TAIWAN TRAVEL ACT.

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

     SEC. 1290. PROHIBITIONS AGAINST UNDERMINING UNITED STATES 
                   POLICY REGARDING TAIWAN.

       (a) Finding.--Congress finds that the efforts by the 
     Government of the People's Republic of China (PRC) and the 
     Chinese Communist Party to compel private United States 
     businesses, corporations, and nongovernmental entities to use 
     PRC-mandated language to describe the relationship between 
     Taiwan and China are an intolerable attempt to enforce 
     political censorship globally and should be considered an 
     attack on the fundamental underpinnings of all democratic and 
     free societies, including the constitutionally protected 
     right to freedom of speech.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States Government, in coordination with United 
     States businesses and nongovernmental entities, should 
     formulate a code of conduct for interacting with the 
     Government of the People's Republic of China and the Chinese 
     Communist Party and affiliated entities, the aim of which 
     is--
       (1) to counter PRC sharp power operations, which threaten 
     free speech, academic freedom, and the normal operations of 
     United States businesses and nongovernmental entities; and
       (2) to counter PRC efforts to censor the way the world 
     refers to issues deemed sensitive to the Government of the 
     People's Republic of China and Chinese Communist Party 
     leaders, including issues related to Taiwan, Tibet, the 
     Tiananmen Square Massacre, and the mass internment of Uyghurs 
     and other Turkic Muslims, among many other issues.
       (c) Prohibition on Recognition of PRC Claims to Sovereignty 
     Over Taiwan.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) issues related to the sovereignty of Taiwan are for the 
     people of Taiwan to decide through the democratic process 
     they have established;

[[Page S5705]]

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

     SEC. 1291. STRATEGY TO RESPOND TO SHARP POWER OPERATIONS 
                   TARGETING TAIWAN.

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

     SEC. 1292. REPORT ON DETERRENCE IN THE TAIWAN STRAIT.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State and 
     the Secretary of Defense shall submit to the appropriate 
     congressional committees a joint report that assesses the 
     military posture of Taiwan and the United States as it 
     specifically pertains to the deterrence of military conflict 
     and conflict readiness in the Taiwan Strait. In light of the 
     changing military balance in the Taiwan Strait, the report 
     should include analysis of whether current Taiwan and United 
     States policies sufficiently deter efforts to determine the 
     future of Taiwan by other than peaceful means.

     SEC. 1293. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Sharp power.--The term ``sharp power'' means the 
     coordinated and often concealed application of 
     disinformation, media manipulation, economic coercion, cyber-
     intrusions, targeted investments, and academic censorship 
     that is intended--
       (A) to corrupt political and nongovernmental institutions 
     and interfere in democratic elections and encourage self-
     censorship of views at odds with those of the Government of 
     the People's Republic of China or the Chinese Communist 
     Party; or
       (B) to foster attitudes, behavior, decisions, or outcomes 
     in Taiwan and elsewhere that support the interests of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party.
                                 ______
                                 
  SA 6168. Mr. INHOFE (for Mr. Rubio (for himself and Mr. Scott of 
Florida)) submitted an amendment intended to be proposed to amendment 
SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended 
to be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel 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 XXXI, add the following:

     SEC. 31__. MORATORIUM ON ENERGY DEVELOPMENT IN CERTAIN AREAS 
                   OF GULF OF MEXICO.

       (a) Definitions.--In this section:
       (1) Military mission line.--The term ``Military Mission 
     Line'' has the meaning given the term in section 102 of the 
     Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
     note; Public Law 109-432).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Moratorium.--Effective during the period beginning on 
     the date of enactment of this Act and ending on June 30, 
     2032, the Secretary shall not offer for leasing, preleasing, 
     or any related activity for energy development of any kind--
       (1) any area east of the Military Mission Line in the Gulf 
     of Mexico; or
       (2) any area of the outer Continental Shelf described in 
     subparagraph (A), (B), or (C) of paragraph (2) of subsection 
     (d), if oil, gas, wind, or any other form of energy 
     exploration, leasing, or development in that area has been 
     identified in a report under that subsection as having any 
     adverse effect on the national security of the United States 
     or the military readiness or testing capabilities of the 
     Department of Defense.
       (c) Environmental Exceptions.--Notwithstanding subsection 
     (b), the Secretary may issue leases in areas described in 
     that subsection for environmental conservation purposes, 
     including the purposes of shore protection, beach nourishment 
     and restoration, wetlands restoration, and habitat 
     protection.
       (d) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and not later than June 30, 2031, the 
     Secretary of Defense shall submit to the Committees on 
     Appropriations and Armed Services of the Senate and the 
     Committees on Appropriations and Armed Services of the House 
     of Representatives a report that describes the impact of oil, 
     gas, wind, and any other form of energy exploration, leasing, 
     or development in areas of the outer Continental Shelf 
     described in paragraph (2) on the national security of the 
     United States and the military readiness and testing 
     capabilities of the Department of Defense.

[[Page S5706]]

       (2) Areas described.--The areas of the outer Continental 
     Shelf referred to in paragraph (1) are the following:
       (A) Any area west of the Military Mission Line in the Gulf 
     of Mexico.
       (B) The South Atlantic Planning Area.
       (C) The Straits of Florida Planning Area.
                                 ______
                                 
  SA 6169. Mr. INHOFE (for Mr. Rubio (for himself, Mr. Warner, Mrs. 
Murray, Ms. Hassan, Mrs. Feinstein, Mrs. Gillibrand, 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. 1077. AIR AMERICA.

       (a) Findings.--Congress finds the following:
       (1) Air America, Incorporated (referred to in this section 
     as ``Air America'') and its related cover corporate entities 
     were wholly owned and controlled by the United States 
     Government and directed and managed by the Department of 
     Defense, the Department of State, and the Central 
     Intelligence Agency from 1950 to 1976.
       (2) Air America, a corporation owned by the Government of 
     the United States, constituted a ``Government corporation'', 
     as defined in section 103 of title 5, United States Code.
       (3) The service and sacrifice of the employees of Air 
     America included--
       (A) suffering a high rate of casualties in the course of 
     employment;
       (B) saving thousands of lives in search and rescue missions 
     for downed United States airmen and allied refugee 
     evacuations; and
       (C) lengthy periods of service in challenging circumstances 
     abroad.
       (b) Definitions.--In this section--
       (1) the term ``affiliated company'', with respect to Air 
     America, includes Air Asia Company Limited, CAT Incorporated, 
     Civil Air Transport Company Limited, and the Pacific Division 
     of Southern Air Transport;
       (2) the term ``qualifying service'' means service that--
       (A) was performed by a United States citizen as an employee 
     of Air America or an affiliated company during the period 
     beginning on January 1, 1950, and ending on December 31, 
     1976; and
       (B) is documented in the attorney-certified corporate 
     records of Air America or any affiliated company;
       (3) the term ``survivor'', with respect to an individual 
     who performed qualifying service, means--
       (A) a widow or widower of the individual who performed 
     qualifying service; or
       (B) an individual who, at any time during or since the 
     period of qualifying service, was a dependent or child of the 
     individual who performed qualifying service; and
       (4) the terms ``widow'', ``widower'', ``dependent'', and 
     ``child'' have the meanings given those terms in section 
     8341(a) of title 5, United States Code, except that that 
     section shall be applied by substituting ``individual who 
     performed qualifying service'' for ``employee or Member''.
       (c) Creditable Service.--Any period of qualifying service 
     shall be treated as creditable service for purposes of 
     subchapter III of chapter 83 of title 5, United States Code.
       (d) Rights.--
       (1) In general.--An individual who performed qualifying 
     service or a survivor of such an individual--
       (A) shall be entitled to the rights, retroactive as 
     applicable, provided to employees and their survivors for 
     creditable service under the Civil Service Retirement System 
     under subchapter III of chapter 83 of title 5, United States 
     Code, with respect to that qualifying service; and
       (B) may submit an application for benefits based on the 
     qualifying service to the Office of Personnel Management not 
     later than 2 years after the effective date under subsection 
     (g) of this section.
       (2) Individuals deceased before date of enactment.--A 
     survivor of an individual who performed qualifying service 
     and became eligible, by reason of this section, for benefits 
     based on the qualifying service under subchapter III of 
     chapter 83 of title 5, United States Code (but became 
     deceased before the date of enactment of this Act)--
       (A) may submit an application for benefits based on the 
     qualifying service to the Office of Personnel Management not 
     later than 2 years after the effective date under subsection 
     (g) of this section, disregarding any requirement that an 
     employee have filed an application while living; and
       (B) upon submission of the application under subparagraph 
     (A), shall be eligible for a survivor annuity under section 
     8341 of title 5, United States Code, equal to 55 percent (or 
     50 percent if the deceased individual retired before October 
     11, 1962) of the self-only annuity (as defined in section 
     838.103 of title 5, Code of Federal Regulations (or any 
     successor regulation)) that otherwise would have been paid to 
     the deceased individual.
       (e) Deduction, Contribution, and Deposit Requirements.--The 
     deposit of funds in the Treasury of the United States made by 
     Air America in the form of a lump-sum payment apportioned in 
     part to the Civil Service Disability and Retirement Fund in 
     1976 is deemed to satisfy the deduction, contribution, and 
     deposit requirements under section 8334 of title 5, United 
     States Code, with respect to all periods of qualifying 
     service.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to set any type of precedent for purposes of civil 
     service retirement credit with the Civil Service Retirement 
     and Disability Fund or any successor fund.
       (g) Effective Date.--This section shall take effect on the 
     date that is 30 days after the date of enactment of this Act.
                                 ______
                                 
  SA 6170. Mr. INHOFE (for Mr. Rubio (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 appropriate place, insert the following:

     SEC. ___. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                   AGREEMENTS WITH PRIVATE AND COMMERCIAL ENTITIES 
                   AND STATE GOVERNMENTS TO PROVIDE CERTAIN 
                   SUPPLIES, SUPPORT, AND SERVICES.

       Section 20113 of title 51, United States Code, is amended 
     by adding at the end the following:
       ``(o) Agreements With Commercial Entities and State 
     Governments.--The Administration--
       ``(1) may enter into an agreement with a private or 
     commercial entity or a State government to provide the entity 
     or State government with supplies, support, and services 
     related to private, commercial, or State government space 
     activities carried on at a property owned or operated by the 
     Administration; and
       ``(2) on request by such an entity or State government, may 
     include such supplies, support, and services in the 
     requirements of the Administration if--
       ``(A) the Administrator determines that the inclusion of 
     such supplies, support, or services in such requirements--
       ``(i) is in the best interest of the Federal Government;
       ``(ii) does not interfere with the requirements of the 
     Administration; and
       ``(iii) does not compete with the commercial space 
     activities of other such entities or State governments; and
       ``(B) the Administration has full reimbursable funding from 
     the entity or State government that requested such supplies, 
     support, and services before making any obligation for the 
     delivery of the supplies, support, or services under an 
     Administration procurement contract or any other 
     agreement.''.
                                 ______
                                 
  SA 6171. 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 of subtitle A of title XV, add the following:

     SEC. 1509. SENSE OF THE SENATE ON PERSONNEL FOR THE SPACE 
                   DEVELOPMENT AGENCY.

       It is the sense of the Senate that--
       (1) as the Space Development Agency transfers into the 
     United States Space Force in October 2022, the Space 
     Development Agency should retain the original organizational 
     structure during that process, including leadership 
     positions;
       (2) there should be a transfer of three Senior Executive 
     Service positions authorized for the Department of Defense to 
     the Space Development Agency;
       (3) the modification described in paragraph (2) should be 
     approved per the National Defense Authorization Act for 
     Fiscal Year 2021 Joint Explanatory Statement, which directed 
     that when the Space Development Agency transfers to the 
     Department of the Air Force, the Space Development Agency 
     shall retain the equivalent position of tier-3 Senior 
     Executive Service; and
       (4) the Director of the Space Development Agency should 
     maintain equivalency to--
       (A) the Commander of Space Systems Command;
       (B) the Director of the Department of the Air Force Rapid 
     Capabilities Office;

[[Page S5707]]

       (C) the Director of the Space Security and Defense Program;
       (D) the Director of the Space Warfighting Analysis Center;
       (E) the Director of the Space Rapid Capabilities Office;
       (F) the Commander of Space Operations Command; and
       (G) the Commander of Space Training and Readiness Command.
                                 ______
                                 
  SA 6172. Mr. SCOTT of South Carolina (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 appropriate place in title X, insert the following:

     SEC. __. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON USE 
                   OF ALTERNATIVE CREDIT SCORING INFORMATION OR 
                   CREDIT SCORING MODELS.

       (a) Pilot Program Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall commence carrying out a pilot program that will assess 
     the feasibility and advisability of--
       (A) using alternative credit scoring information or credit 
     scoring models using alternative credit scoring methodology 
     for an individual described in paragraph (2)--
       (i) to improve the determination of creditworthiness of 
     such an individual; and
       (ii) to increase the number of such individuals who are 
     able to obtain a loan guaranteed or insured under chapter 37 
     of title 38, United States Code; and
       (B) in consultation with such entities as the Secretary 
     considers appropriate, establishing criteria for acceptable 
     commercially available credit scoring models to be used by 
     lenders for the purpose of guaranteeing or insuring a loan 
     under chapter 37 of title 38, United State Code.
       (2) Individual described.--An individual described in this 
     paragraph is a veteran or a member of the Armed Forces who--
       (A) is eligible for a loan under chapter 37 of title 38, 
     United States Code; and
       (B) has an insufficient credit history for a lender or the 
     Secretary to determine the creditworthiness of the 
     individual.
       (3) Alternative credit scoring information.--Alternative 
     credit scoring information described in paragraph (1)(A) may 
     include proof of rent, utility, and insurance payment 
     histories, and such other information as the Secretary 
     considers appropriate.
       (b) Voluntary Participation.--
       (1) In general.--The Secretary shall ensure that any 
     participation in the pilot program is voluntary on an opt-in 
     basis for a lender, a borrower, and an individual described 
     in subsection (a)(2).
       (2) Notice of participation.--Subject to paragraph (3), any 
     lender who participates in the pilot program shall--
       (A) notify each individual described in subsection (a)(2) 
     who, during the pilot program, applies for a loan under 
     chapter 37 of title 38, United States Code, from such lender, 
     of the lender's participation in the pilot program; and
       (B) offer such individual the opportunity to participate in 
     the pilot program.
       (3) Limitation.--
       (A) In general.--The Secretary may establish a limitation 
     on the number of individuals and lenders that may participate 
     in the pilot program.
       (B) Report.--If the Secretary limits participation in the 
     pilot program under subparagraph (A), the Secretary shall, 
     not later than 15 days after establishing such limitation, 
     submit to Congress a report setting forth the reasons for 
     establishing such limitation.
       (c) Approval of Credit Scoring Models.--
       (1) In general.--A lender participating in the pilot 
     program may not use a credit scoring model under subsection 
     (a)(1)(A) until the Secretary has reviewed and approved such 
     credit scoring model for purposes of the pilot program.
       (2) Publication of criteria.--The Secretary shall publish 
     in the Federal Register any criteria established under 
     subsection (a)(1)(B) for acceptable commercially available 
     credit scoring models that use alternative credit scoring 
     information described in subsection (a)(1)(A) to be used for 
     purposes of the pilot program.
       (3) Considerations; approval of certain models.--In 
     selecting credit scoring models to approve under this 
     section, the Secretary shall--
       (A) consider the criteria for credit score assessments 
     under section 1254.7 of title 12, Code of Federal 
     Regulations; and
       (B) approve any commercially available credit scoring model 
     that has been approved pursuant to section 302(b)(7) of the 
     Federal National Mortgage Association Charter Act (12 U.S.C. 
     1717(b)(7)) or section 305(d) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1454)(d)).
       (d) Outreach.--To the extent practicable, the Secretary 
     shall conduct outreach to lenders and individuals described 
     in subsection (a)(2) to inform such persons of the pilot 
     program.
       (e) Report.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the pilot program.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) The findings of the Secretary with respect to the 
     feasibility and advisability of using alternative credit 
     scoring information or credit scoring models using 
     alternative credit scoring methodology for individuals 
     described in subsection (a)(2).
       (B) A description of the efforts of the Secretary to assess 
     the feasibility and advisability of using alternative credit 
     scoring information or credit scoring models as described in 
     subparagraph (A).
       (C) To the extent practicable, the following:
       (i) The rate of participation in the pilot program.
       (ii) An assessment of whether participants in the pilot 
     program benefitted from such participation.
       (D) An assessment of the effect of the pilot program on the 
     subsidy rate for loans guaranteed or insured by the Secretary 
     under chapter 37 of title 38, United States Code.
       (E) Such other information as the Secretary considers 
     appropriate.
       (f) Termination.--
       (1) In general.--The Secretary shall complete the pilot 
     program required by subsection (a)(1) not later than two 
     years after the date on which the pilot program commences.
       (2) Effect on loans and applications.--The termination of 
     the pilot program under paragraph (1) shall not affect a loan 
     guaranteed, or for which loan applications have been received 
     by a participating lender, on or before the date of the 
     completion of the pilot program.
       (g) Insufficient Credit History Defined.--In this section, 
     the term ``insufficient credit history'', with respect to an 
     individual described in subsection (a)(2), means that the 
     individual does not have a credit record with one of the 
     national credit reporting agencies or such credit record 
     contains insufficient credit information to assess 
     creditworthiness.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $20,000,000 for fiscal year 2023.
       (2) Offset.--The amount authorized to be appropriated for 
     fiscal year 2023 by section 201 for research, development, 
     test, and evaluation, as specified in the corresponding 
     funding table in section 4201, for Defense-wide manufacturing 
     science and technology program (line 54), is hereby decreased 
     by $20,000,000.
                                 ______
                                 
  SA 6173. Mr. DURBIN (for himself and 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 C of title VIII, add the following:

     SEC. 848. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE UNDER 
                   DEFENSE PRODUCTION ACT OF 1950.

       Section 702(7)(A) of the Defense Production Act of 1950 (50 
     U.S.C. 4552(7)(A)) is amended by striking ``or Canada'' and 
     inserting ``, Canada, Australia, or the United Kingdom''.
                                 ______
                                 
  SA 6174. Mr. DURBIN (for himself and 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 VI, add the following:

     SEC. 632. REPORT ON CREDIT AND DEBIT CARD USER FEES IMPOSED 
                   ON VETERANS AND CAREGIVERS AT COMMISSARY STORES 
                   AND MWR FACILITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of the Treasury, shall submit 
     to Congress a report on the imposition of user fees under 
     subsection (g) of section 1065 of title 10, United States 
     Code, with respect to the use of credit or debit cards at 
     commissary stores and MWR facilities by individuals eligible 
     to use commissary stores and MWR facilities under that 
     section.
       (b) Elements.--The report required by subsection (a) shall 
     provide the following, for the fiscal year preceding 
     submission of the report:

[[Page S5708]]

       (1) The total amount of expenses borne by the Department of 
     the Treasury on behalf of commissary stores and MWR 
     facilities associated with the use of credit or debit cards 
     for customer purchases by individuals described in subsection 
     (a), including expenses related to card network use and 
     related transaction processing fees.
       (2) The total amount of fees related to credit and debit 
     card network use and related transaction processing paid by 
     the Department of the Treasury on behalf of commissary stores 
     and MWR facilities to credit and debit card networks and 
     issuers.
       (3) An identification of all credit and debit card networks 
     to which the Department of the Treasury paid fees described 
     in paragraph (2).
       (4) An identification of the 10 credit card issuers and the 
     10 debit card issuers to which the Department of the Treasury 
     paid the most fees described in paragraph (2).
       (5) The total amount of user fees imposed on individuals 
     under section 1065(g) of title 10, United States Code, who 
     are--
       (A) veterans who were awarded the Purple Heart;
       (B) veterans who were Medal of Honor recipients;
       (C) veterans who are former prisoners of war;
       (D) veterans with a service-connected disability; and
       (E) caregivers or family caregivers of a veteran.
       (6) The total amount of fees described in paragraph (2) 
     that were reimbursed to the Department of the Treasury by 
     credit and debit card networks and issuers in order to spare 
     individuals described in subsection (a) from being charged 
     user fees for credit and debit card use at commissary stores 
     or MWR retail facilities.
       (c) Definitions.--In this section, the terms ``caregiver'', 
     ``family caregiver'', and ``MWR facilities'' have the 
     meanings given those terms in section 1065(h) of title 10, 
     United States Code.
                                 ______
                                 
  SA 6175. Mr. BENNET (for himself and Mr. Cornyn) 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 end of subtitle D of title XII, add the following:

     SEC. 1254. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE 
                   PURCHASES AND INVESTMENTS MADE BY THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA 
                   AND ENTITIES DIRECTED OR BACKED BY THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--The Secretary of State, in coordination 
     with the Director of National Intelligence, the Secretary of 
     Defense, and the head of any other agency the Secretary of 
     State considers necessary, shall conduct a review of port and 
     port-related infrastructure purchases and investments 
     critical to the interests and national security of the United 
     States made by--
       (1) the Government of the People's Republic of China;
       (2) entities directed or backed by the Government of the 
     People's Republic of China; and
       (3) entities with beneficial owners that include the 
     Government of the People's Republic of China or a private 
     company controlled by the Government of the People's Republic 
     of China.
       (b) Elements.--The review required by subsection (a) shall 
     include the following:
       (1) A list of port and port-related infrastructure 
     purchases and investments described in that subsection, 
     prioritized in order of the purchases or investments that 
     pose the greatest threat to United States economic, defense, 
     and foreign policy interests.
       (2) An analysis of the effects the consolidation of such 
     investments, or the assertion of control by the Government of 
     the People's Republic of China over entities described in 
     paragraph (2) or (3) of that subsection, would have on 
     Department of State, Office of the Director of National 
     Intelligence, and Department of Defense contingency plans.
       (3) A description of the integration into ports of 
     technologies developed and produced by the Government of the 
     People's Republic of China or entities described in 
     paragraphs (2) or (3) of subsection (a), and the data and 
     cyber security risks posed by such integration.
       (4) A description of past and planned efforts by the 
     Secretary of State, the Director of National Intelligence, 
     and the Secretary of Defense to address such purchases, 
     investments, and consolidation of investments or assertion of 
     control.
       (c) Coordination With Other Federal Agencies.--In 
     conducting the review required by subsection (a), the 
     Secretary of State may coordinate with the head of any other 
     Federal agency, as the Secretary of State considers 
     appropriate.
       (d) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate committees of Congress a report on 
     the results of the review under subsection (a).
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (e) 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, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Port.--The term ``port'' means--
       (A) any port--
       (i) on the navigable waters of the United States; or
       (ii) that is considered by the Secretary of State to be 
     critical to United States interests; and
       (B) any harbor, marine terminal, or other shoreside 
     facility used principally for the movement of goods on inland 
     waters that the Secretary of State considers critical to 
     United States interests.
       (3) Port-related infrastructure.--The term ``port-related 
     infrastructure'' includes--
       (A) crane equipment;
       (B) logistics, information, and communications systems; and
       (C) any other infrastructure the Secretary of State 
     considers appropriate.
                                 ______
                                 
  SA 6176. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF 
                   FLYING MISSIONS.

       (a) In General.--Prior to the relocation or elimination of 
     any flying mission, either with respect to an active or 
     reserve component of a covered Armed Force, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report describing the justification of the Secretary for 
     the decision to relocate or eliminate such mission. Such 
     report shall include each of the following:
       (1) A description of how the decision supports the national 
     defense strategy, the national military strategy, the North 
     American Aerospace Defense Command strategy, and other 
     relevant strategies.
       (2) A specific analysis and metrics supporting such 
     decision.
       (3) An analysis and metrics to show that the elimination or 
     relocation of the flying mission would not negatively affect 
     the homeland defense mission.
       (4) A plan for how the Department of Defense intends to 
     fulfill or continue the mission requirements of the 
     eliminated or relocated flying mission.
       (5) An assessment of the effect of the elimination or 
     relocation on the national defense strategy, the national 
     military strategy, the North American Aerospace Defense 
     Command strategy, and the homeland defense mission.
       (6) An analysis and metrics to show that the elimination or 
     relocation of the flying mission and its secondary and 
     tertiary impacts would not degrade capabilities and readiness 
     of the Joint Force.
       (7) An analysis and metrics to show that the elimination or 
     relocation of the flying mission would not negatively affect 
     the national military airspace system.
       (b) Covered Armed Force.--In this section, the term 
     ``covered Armed Force'' means--
       (1) The Army.
       (2) The Navy.
       (3) The Air Force.
                                 ______
                                 
  SA 6177. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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 XXVII, add the following:

     SEC. 2703. CLOSURE AND DISPOSAL OF THE PUEBLO CHEMICAL DEPOT, 
                   PUEBLO COUNTY, COLORADO.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Army shall close the Pueblo 
     Chemical Depot

[[Page S5709]]

     in Pueblo County, Colorado (in this section referred to as 
     the ``Depot''), not later than one year after the completion 
     of the chemical demilitarization mission at such location in 
     accordance with the Chemical Weapons Convention.
       (b) Procedures.--The Secretary of the Army shall carry out 
     the closure and subsequent related property management and 
     disposal of the Depot, including the land, buildings, 
     structures, infrastructure, and associated equipment, 
     installed equipment, material, and personal property that 
     comprise the Chemical Agent-Destruction Pilot Plant, in 
     accordance with the procedures and authorities for the 
     closure, management, and disposal of property under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
       (c) Office of Local Defense Community Cooperation 
     Activities.--The Office of Local Defense Community 
     Cooperation of the Department of Defense may make grants and 
     supplement other Federal funds pursuant to section 2391 of 
     title 10, United States Code, to support closure and reuse 
     activities of the Depot.
       (d) Treatment of Existing Permits.--Nothing in this section 
     shall be construed to prevent the removal or demolition by 
     the Program Executive Office, Assembled Chemical Weapons 
     Alternatives of the Department of the Army of existing 
     buildings, structures, infrastructure, and associated 
     equipment, installed equipment, material, and personal 
     property of the Chemical Agent-Destruction Pilot Plant at the 
     Depot in accordance with Hazardous Waste Permit Number CO-20-
     09-02-01 under the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.) (commonly known as the ``Resource Conservation and 
     Recovery Act of 1976'') issued by the State of Colorado, or 
     any associated or follow-on permits under such Act.
       (e) Homeless Use.--Given the nature of activities 
     undertaken at the Chemical Agent-Destruction Pilot Plant at 
     the Depot, such land, buildings, structures, infrastructure, 
     and associated equipment, installed equipment, material, and 
     personal property comprising the Chemical Agent-Destruction 
     Pilot Plant is deemed unsuitable for homeless use and, in 
     carrying out any closure, management, or disposal of property 
     under this section, need not be screened for homeless use 
     purposes pursuant to section 2905(b)(7) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
                                 ______
                                 
  SA 6178. 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. GUIDANCE ON INVESTIGATIONS OF USE OF UNITED 
                   STATES-ORIGIN DEFENSE ARTICLES IN YEMEN.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Defense, shall develop specific 
     guidance for investigating any indications that United 
     States-origin defense articles have been used in Yemen by the 
     Saudi-led coalition in substantial violation of relevant 
     agreements with countries participating in the coalition, 
     including for unauthorized purposes.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate committees of Congress a report 
     on--
       (A) the guidance developed under subsection (a); and
       (B) all current information on each of the certification 
     elements required by section 1290 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 132 Stat. 2081).
       (2) Form.--The report required by this paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 6179. Mr. MERKLEY (for himself, Mr. Markey, 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:
       Strike section 1521 and insert the following:

     SEC. 1521. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED 
                   NAVAL NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED 
                   URANIUM.

       (a) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, the Administrator for Nuclear 
     Security shall establish a program to assess the viability of 
     using low-enriched uranium in naval nuclear propulsion 
     reactors, including such reactors located on aircraft 
     carriers and submarines, that meet the requirements of the 
     Navy.
       (b) Activities.--In carrying out the program under 
     subsection (a), the Administrator shall carry out activities 
     to develop an advanced naval nuclear fuel system based on 
     low-enriched uranium, including activities relating to--
       (1) down-blending of high-enriched uranium into low-
     enriched uranium;
       (2) manufacturing of candidate advanced low-enriched 
     uranium fuels;
       (3) irradiation tests and post-irradiation examination of 
     these fuels;
       (4) modification or procurement of equipment and 
     infrastructure relating to such activities; and
       (5) designing naval propulsion reactors that incorporate 
     candidate advanced low enriched uranium fuels.
       (c) Submission of Plan.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator shall 
     submit to the congressional defense committees a plan 
     outlining the activities the Administrator will carry out 
     under the program established under subsection (a), including 
     the funding requirements associated with developing a low-
     enriched uranium fuel.
       (d) Report on Performance Impact of Low-enriched Uranium 
     Reactor Core Size.--Not later than December 15, 2022, the 
     Administrator, in consultation with the Secretary of the 
     Navy, shall prepare and submit to the congressional defense 
     committees a report assessing the feasibility and performance 
     impact of a Virginia-Class replacement nuclear powered attack 
     submarine that retains the anticipated hull diameter and 
     power plant design, but leaves sufficient space for a low-
     enriched uranium-fueled reactor with a life of the ship core, 
     possibly with an increased module length. The report shall 
     assess the impact on vessel performance of the increased core 
     size over the range of potential low-enriched uranium fuel 
     packing densities discussed in the November 2016 JASON report 
     JSR-16-Task-013, and compare this with the performance impact 
     of recent adjustments of vessel lengths such as that from the 
     Virginia Payload Module.
       (e) Funding.--
       (1) Increase.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated by title XXXI for the National Nuclear Security 
     Administration, as specified in the corresponding funding 
     table in section 4701, for Defense Nuclear Nonproliferation, 
     Defense Nuclear Nonproliferation R&D is hereby increased by 
     $20,000,000 for the purpose of LEU Research and Development 
     for Naval Pressurized Water Reactors.
       (2) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated by title XXXI for the National Nuclear Security 
     Administration, as specified in the corresponding funding 
     table in section 4701, for Defense Nuclear Nonproliferation 
     is hereby reduced--
       (A) by $10,000,000 for the amount for nuclear smuggling 
     detection and deterrence; and
       (B) by $10,000,000 for the amount for nuclear detonation 
     detection.
                                 ______
                                 
  SA 6180. 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. CEASEFIRE PROTECTION MEASURES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President and all relevant Federal agencies should use 
     funds and resources at their disposal to continue to engage 
     in formal or informal diplomacy or consultations with 
     military forces aligned with and under the control of the 
     internationally recognized Government of Yemen and with Ansar 
     Allah, the Saudi- and Emirati-led coalition, any other armed 
     group so as--
       (1) to continue to maintain any ceasefire or cessation of 
     hostilities in the war in Yemen; and
       (2) to create, conduct, or continue to facilitate a 
     legitimate peace process to end the war in Yemen.
       (b) Verification Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and every 30 days thereafter for 
     one year, the Secretary of State, in coordination with the

[[Page S5710]]

     Director of National Intelligence, the Secretary of Defense, 
     and the head of any other relevant Federal agency, shall 
     submit to Congress a report that includes the following:
       (A) An assessment on the current status of any ceasefire or 
     cessation of hostilities among the military forces aligned 
     with and under the control of the internationally recognized 
     Government of Yemen, Ansar Allah, the Saudi- and Emirati-led 
     coalition, and any other armed group.
       (B) A list of any violations of any existing ceasefire or 
     cessation of hostilities in Yemen by--
       (i) armed forces aligned with and under the control of--

       (I) the internationally recognized Government of Yemen;
       (II) Ansar Allah; and
       (III) any other armed group included in any ceasefire; or

       (ii) airstrikes or drone strikes conducted by--

       (I) the Saudi Royal Air Force; or
       (II) the United Arab Emirates Air Force and Air Defense.

       (C) An assessment of how many fuel shipments, including how 
     many tons of fuel, have entered the port of Hodeida since 
     April 2, 2022, and whether the collection of custom duties at 
     the port of Hodeida is used to pay the salaries of public 
     sector employees.
       (D) A description of the reopening of the Sanaa 
     International Airport to commercial flights, including how 
     many flights have arrived and departed the airport since 
     April 2, 2022, and an analysis of the barriers to progress 
     and possible solutions for opening flights to and from Cairo 
     International Airport.
       (E) An assessment of road access to and from the city of 
     Taiz, including the estimated time of travel between Taiz and 
     the city of Aden and any other measurement used to determine 
     the freedom of movement to and from Taiz.
       (F) A list and assessment of any additional condition or 
     measure included after the date of the enactment of this Act 
     in any ceasefire, peace process, or negotiated peace 
     settlement in Yemen.
       (G) An assessment and description of the President's 
     diplomatic strategy and efforts to maintain any such 
     ceasefire and build on it to advance a negotiated, 
     legitimate, and permanent peace settlement to end the war in 
     Yemen.
       (H) An analysis of the barriers to progress on elements of 
     the truce and ways to incentivize progress towards 
     maintaining the truce and building a more sustainable 
     political resolution to the conflict.
       (I) A progress report on the emergency operation by the 
     United Nations to transfer the oil from the floating storage 
     and offloading vessel (FSO) Safer to a safe vessel.
       (2) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex that is provided separately from the unclassified 
     version.
       (c) Briefing on Support for Multilateral Human Rights 
     Investigative Mechanism.--Not later than 60 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall provide a briefing to the appropriate committees of 
     Congress on the benefits and utility of providing direct 
     support to an independent multilateral investigative 
     mechanism to document and report past, ongoing, and future 
     violations of human rights and international humanitarian law 
     by all parties in the conflict in Yemen since 2015.
       (d) Ceasefire Maintenance Mechanisms; Prohibition of 
     Licenses Authorizing Exports of Certain Defense Services.--
     During the 2-year period beginning on the date of the most 
     recent violations listed under subsection (b)(1)(B)(ii), the 
     President may not issue any license, and shall suspend any 
     license or other approval that was issued before the date of 
     the enactment of this Act, authorizing the export to the 
     Government of Saudi Arabia or the Government of United Arab 
     Emirate of defense services related to the maintenance or 
     servicing of United States-provided aircraft belonging to 
     military units determined to have undertaken offensive 
     airstrikes inside Yemen after such date of enactment that are 
     not related directly to preventing or degrading the ability 
     of Ansar Allah forces to launch missile and unmanned aircraft 
     strikes on the territory of Saudi Arabia or the United Arab 
     Emirates.
                                 ______
                                 
  SA 6181. Mr. MERKLEY (for himself and 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 XII, add the following:

     SEC. 1276. PROTECTION OF SAUDI DISSIDENTS.

       (a) Restrictions on Transfers of Defense Articles and 
     Services, Design and Construction Services, and Major Defense 
     Equipment to Saudi Arabia.--
       (1) Initial period.--During the 120-day period beginning on 
     the date of the enactment of this Act, the President may not 
     sell, authorize a license for the export of, or otherwise 
     transfer any defense articles or defense services, design and 
     construction services, or major defense equipment under the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) to an 
     intelligence, internal security, or law enforcement agency or 
     instrumentality of the Government of Saudi Arabia, or to any 
     person acting as an agent of or on behalf of such agency or 
     instrumentality.
       (2) Subsequent periods.--
       (A) In general.--During the 120-day period beginning after 
     the end of the 120-day period described in paragraph (1), and 
     each 120-day period thereafter, the President may not sell, 
     authorize a license for the export of, or otherwise transfer 
     any defense articles or services, design and construction 
     services, or major defense equipment under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.), regardless of the 
     amount of such articles, services, or equipment, to an 
     intelligence, internal security, or law enforcement agency or 
     instrumentality of the Government of Saudi Arabia, or to any 
     person acting as an agent of or on behalf of such agency or 
     instrumentality, unless the President has submitted to the 
     chairman and ranking member of the appropriate committees of 
     Congress a certification described in subparagraph (B).
       (B) Certification.--A certification described in this 
     paragraph is a certification that contains a determination of 
     the President that, during the 120-day period preceding the 
     date of submission of the certification, the United States 
     Government has not determined that the Government of Saudi 
     Arabia has conducted any of the following activities:
       (i) Forced repatriation, intimidation, or killing of 
     dissidents in other countries.
       (ii) The unjust imprisonment in Saudi Arabia of United 
     States citizens or aliens lawfully admitted for permanent 
     residence or the prohibition on these individuals and their 
     family members from exiting Saudi Arabia.
       (iii) Torture of detainees in the custody of the Government 
     of Saudi Arabia.
       (3) Exception.--The restrictions in this subsection shall 
     not apply with respect to the sale, authorization of a 
     license for export, or transfer of any defense articles or 
     services, design and construction services, or major defense 
     equipment under the Arms Export Control Act (22 U.S.C. 2751 
     et seq.) for use in--
       (A) the defense of the territory of Saudi Arabia from 
     external threats; or
       (B) the defense of United States military or diplomatic 
     personnel or United States facilities located in Saudi 
     Arabia.
       (4) Waiver.--
       (A) In general.--The President may waive the restrictions 
     in this subsection if the President submits to the 
     appropriate committees of Congress a report not later than 15 
     days before the granting of such waiver that contains--
       (i) a determination of the President that such a waiver is 
     in the vital national security interests of the United 
     States; and
       (ii) a detailed justification for the use of such waiver 
     and the reasons why the restrictions in this subsection 
     cannot be met.
       (B) Form.--The report required by this paragraph shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (5) Sunset.--This subsection shall terminate on the date 
     that is three years after the date of the enactment of this 
     Act.
       (6) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Foreign Relations, the Select 
     Committee on Intelligence, and the Committee on Armed 
     Services of the Senate; and
       (B) the Committee on Foreign Affairs, the Permanent Select 
     Committee on Intelligence, and the Committee on Armed 
     Services of the House of Representatives.
       (b) Report on Consistent Pattern of Acts of Intimidation or 
     Harassment Directed Against Individuals in the United 
     States.--
       (1) Findings.--Congress finds the following:
       (A) Section 6 of the Arms Export Control Act (22 U.S.C. 
     2756) states the following: ``No letters of offer may be 
     issued, no credits or guarantees may be extended, and no 
     export licenses may be issued under this Act with respect to 
     any country determined by the President to be engaged in a 
     consistent pattern of acts of intimidation or harassment 
     directed against individuals in the United States''.
       (B) Section 6 of the Arms Export Control Act (22 U.S.C. 
     2756) further requires the President to report any such 
     determination promptly to the Committee on Foreign Relations 
     of the Senate, the Committee on Foreign Affairs of the House 
     of Representatives, and the Speaker of the House of 
     Representatives.
       (2) Report on acts of intimidation or harassment against 
     individuals in the united states.--Not later than 60 days 
     after the date of the enactment of this Act, the President 
     shall submit to the appropriate committees of Congress a 
     report on--
       (A) whether any official of the Government of Saudi Arabia 
     engaged in a consistent pattern of acts of intimidation or 
     harassment directed against Jamal Khashoggi or any individual 
     in the United States; and
       (B) whether any United States-origin defense articles were 
     used in the activities described in subparagraph (A).

[[Page S5711]]

       (3) Form.--The report required by paragraph (2) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (c) Report and Certification With Respect to Saudi 
     Diplomats and Diplomatic Facilities in the United States.--
       (1) Report on saudi diplomats and diplomatic facilities in 
     united states.--Not later than 120 days after the date of the 
     enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report covering the 
     three-year period preceding such date of enactment regarding 
     whether and to what extent covered persons used diplomatic 
     credentials, visas, or covered facilities to facilitate 
     monitoring, tracking, surveillance, or harassment of, or harm 
     to, other nationals of Saudi Arabia living in the United 
     States.
       (2) Certification.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, and each 120-day period 
     thereafter, the President shall, if the President determines 
     that such is the case, submit to the appropriate committees 
     of Congress a certification that the United States Government 
     has not determined covered persons to be using diplomatic 
     credentials, visas, or covered facilities to facilitate 
     serious harassment of, or harm to, other nationals of Saudi 
     Arabia living in the United States during the time period 
     covered by each such certification.
       (B) Failure to submit certification.--If the President does 
     not submit a certification under subparagraph (A), the 
     President shall--
       (i) close one or more covered facilities for such period of 
     time until the President does submit such a certification; 
     and
       (ii) submit to the appropriate committees of Congress a 
     report that contains--

       (I) a detailed explanation of why the President is unable 
     to make such a certification;
       (II) a list and summary of engagements of the United States 
     Government with the Government of Saudi Arabia regarding the 
     use of diplomatic credentials, visas, or covered facilities 
     described in subparagraph (A); and
       (III) a description of actions the United States Government 
     has taken or intends to take in response to the use of 
     diplomatic credentials, visas, or covered facilities 
     described in subparagraph (A).

       (3) Form.--The report required by paragraph (1) and the 
     certification and report required by paragraph (2) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (4) Waiver.--
       (A) In general.--The President may waive the restrictions 
     in this subsection if the President submits to the 
     appropriate committees of Congress a report not later than 15 
     days before the granting of such waiver that contains--
       (i) a determination of the President that such a waiver is 
     in the vital national security interests of the United 
     States; and
       (ii) a detailed justification for the use of such waiver 
     and the reasons why the restrictions in this subsection 
     cannot be met.
       (B) Form.--The report required by this subsection shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (5) Sunset.--This subsection shall terminate on the date 
     that is three years after the date of the enactment of this 
     Act.
       (6) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (ii) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (B) Covered facility.--The term ``covered facility'' means 
     a diplomatic or consular facility of Saudi Arabia in the 
     United States.
       (C) Covered person.--The term ``covered person'' means a 
     national of Saudi Arabia credentialed to a covered facility.
       (d) Report on the Duty to Warn Obligation of the Government 
     of the United States.--
       (1) Findings.--Congress finds that Intelligence Community 
     Directive 191 provides that--
       (A) when an element of the intelligence community of the 
     United States collects or acquires credible and specific 
     information indicating an impending threat of intentional 
     killing, serious bodily injury, or kidnapping directed at a 
     person, the agency must ``warn the intended victim or those 
     responsible for protecting the intended victim, as 
     appropriate'' unless an applicable waiver of the duty is 
     granted by the appropriate official within the element; and
       (B) when issues arise with respect to whether the threat 
     information rises to the threshold of ``duty to warn'', the 
     directive calls for resolution in favor of warning the 
     intended victim.
       (2) Report on duty to warn.--Not later than 90 days after 
     the date of the enactment of this Act, the Director of 
     National Intelligence, in coordination with the heads of 
     other relevant United States intelligence agencies, shall 
     submit to the appropriate committees of Congress a report 
     with respect to--
       (A) whether and how the intelligence community fulfilled 
     its duty to warn Jamal Khashoggi of threats to his life and 
     liberty pursuant to Intelligence Community Directive 191; and
       (B) in the case of the intelligence community not 
     fulfilling its duty to warn as described in subparagraph (A), 
     why the intelligence community did not fulfill this duty.
       (3) Form.--The report required by paragraph (2) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (4) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (ii) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (B) Duty to warn.--The term ``duty to warn'' has the 
     meaning given that term in Intelligence Community Directive 
     191, as in effect on July 21, 2015.
       (C) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (D) Relevant united states intelligence agency.--The term 
     ``relevant United States intelligence agency'' means any 
     element of the intelligence community that may have possessed 
     intelligence reporting regarding threats to Jamal Khashoggi.
                                 ______
                                 
  SA 6182. Mr. MERKLEY (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 subtitle D of title XII, add the following:

     SEC. 1254. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--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) Qualified research entity.--The term ``qualified 
     research entity'' means an entity that--
       (A) is a nonpartisan research organization or a federally 
     funded research and development center;
       (B) has appropriate expertise and analytical capability to 
     write the report required under subsection (c); and
       (C) is free from any financial, commercial, or other 
     entanglements, which could undermine the independence of such 
     report or create a conflict of interest or the appearance of 
     a conflict of interest, with--
       (i) the Government of the People's Republic of China;
       (ii) the Chinese Communist Party;
       (iii) any company incorporated in the People's Republic of 
     China or a subsidiary of such company; or
       (iv) any company or entity incorporated outside of the 
     People's Republic of China that is believed to have a 
     substantial financial or commercial interest in the People's 
     Republic of China.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.
       (b) China Censorship Monitor and Action Group.--
       (1) In general.--The President shall establish an 
     interagency task force, which shall be known as the ``China 
     Censorship Monitor and Action Group'' (referred to in this 
     subsection as the ``Task Force'').
       (2) Membership.--The President shall--
       (A) appoint the chair of the Task Force from among the 
     staff of the National Security Council;
       (B) appoint the vice chair of the Task Force from among the 
     staff of the National Economic Council; and
       (C) direct the head of each of the following executive 
     branch agencies to appoint personnel to participate in the 
     Task Force:
       (i) The Department of State.
       (ii) The Department of Commerce.
       (iii) The Department of the Treasury.
       (iv) The Department of Justice.
       (v) The Office of the United States Trade Representative.
       (vi) The Office of the Director of National Intelligence, 
     and other appropriate elements of the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003)).
       (vii) The Federal Communications Commission.

[[Page S5712]]

       (viii) The United States Agency for Global Media.
       (ix) Other agencies designated by the President.
       (3) Responsibilities.--The Task Force shall--
       (A) oversee the development and execution of an integrated 
     Federal Government strategy to monitor and address the 
     impacts of efforts directed, or directly supported, by the 
     Government of the People's Republic of China to censor or 
     intimidate, in the United States or in any of its possessions 
     or territories, any United States person, including United 
     States companies that conduct business in the People's 
     Republic of China, which are exercising their right to 
     freedom of speech; and
       (B) submit the strategy developed pursuant to subparagraph 
     (A) to the appropriate congressional committees not later 
     than 120 days after the date of the enactment of this Act.
       (4) Meetings.--The Task Force shall meet not less 
     frequently than twice per year.
       (5) Consultations.--The Task Force should regularly 
     consult, to the extent necessary and appropriate, with--
       (A) Federal agencies that are not represented on the Task 
     Force;
       (B) independent agencies of the United States Government 
     that are not represented on the Task Force;
       (C) relevant stakeholders in the private sector and the 
     media; and
       (D) relevant stakeholders among United States allies and 
     partners facing similar challenges related to censorship or 
     intimidation by the Government of the People's Republic of 
     China.
       (6) Reporting requirements.--
       (A) Annual report.--The Task Force shall submit an annual 
     report to the appropriate congressional committees that 
     describes, with respect to the reporting period--
       (i) the strategic objectives and policies pursued by the 
     Task Force to address the challenges of censorship and 
     intimidation of United States persons while in the United 
     States or any of its possessions or territories, which is 
     directed or directly supported by the Government of the 
     People's Republic of China;
       (ii) the activities conducted by the Task Force in support 
     of the strategic objectives and policies referred to in 
     clause (i); and
       (iii) the results of the activities referred to in clause 
     (ii) and the impact of such activities on the national 
     interests of the United States.
       (B) Form of report.--Each report submitted pursuant to 
     subparagraph (A) shall be unclassified, but may include a 
     classified annex.
       (C) Congressional briefings.--Not later than 90 days after 
     the date of the enactment of this Act, and annually 
     thereafter, the Task Force shall provide briefings to the 
     appropriate congressional committees regarding the activities 
     of the Task Force to execute the strategy developed pursuant 
     to paragraph (3)(A).
       (c) Report on Censorship and Intimidation of United States 
     Persons by the Government of the People's Republic of 
     China.--
       (1) Report.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     select and seek to enter into an agreement with a qualified 
     research entity that is independent of the Department of 
     State to write a report on censorship and intimidation in the 
     United States and its possessions and territories of United 
     States persons, including United States companies that 
     conduct business in the People's Republic of China, which is 
     directed or directly supported by the Government of the 
     People's Republic of China.
       (B) Matters to be included.--The report required under 
     subparagraph (A) shall--
       (i) assess major trends, patterns, and methods of the 
     Government of the People's Republic of China's efforts to 
     direct or directly support censorship and intimidation of 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, which are 
     exercising their right to freedom of speech;
       (ii) assess, including through the use of illustrative 
     examples, as appropriate, the impact on and consequences for 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, that 
     criticize--

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

       (iii) identify the implications for the United States of 
     the matters described in clauses (i) and (ii);
       (iv) assess the methods and evaluate the efficacy of the 
     efforts by the Government of the People's Republic of China 
     to limit freedom of expression in the private sector, 
     including media, social media, film, education, travel, 
     financial services, sports and entertainment, technology, 
     telecommunication, and internet infrastructure interests;
       (v) include policy recommendations for the United States 
     Government, including recommendations regarding collaboration 
     with United States allies and partners, to address censorship 
     and intimidation by the Government of the People's Republic 
     of China; and
       (vi) include policy recommendations for United States 
     persons, including United States companies that conduct 
     business in China, to address censorship and intimidation by 
     the Government of the People's Republic of China.
       (C) Applicability to united states allies and partners.--To 
     the extent practicable, the report required under 
     subparagraph (A) should identify implications and policy 
     recommendations that are relevant to United States allies and 
     partners facing censorship and intimidation directed or 
     directly supported by the Government of the People's Republic 
     of China.
       (2) Submission of report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit the report written by the qualified research entity 
     selected pursuant to paragraph (1)(A) to the appropriate 
     congressional committees.
       (B) Publication.--The report referred to in subparagraph 
     (A) shall be made accessible to the public online through 
     relevant United States Government websites.
       (3) Federal government support.--The Secretary of State and 
     other Federal agencies selected by the President shall 
     provide the qualified research entity selected pursuant to 
     paragraph (1)(A) with timely access to appropriate 
     information, data, resources, and analyses necessary for such 
     entity to write the report described in paragraph (1)(A) in a 
     thorough and independent manner.
       (d) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 6183. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. PAYMENTS TO STATES FOR THE TREATMENT OF 
                   PERFLUOROOCTANE SULFONIC ACID AND 
                   PERFLUOROOCTANOIC ACID IN DRINKING WATER.

       (a) In General.--The Secretary of the Air Force shall pay a 
     local water authority located in the vicinity of an 
     installation of the Air Force, or a State in which the local 
     water authority is located, for the treatment of 
     perfluorooctane sulfonic acid and perfluorooctanoic acid in 
     drinking water from the wells owned and operated by the local 
     water authority to attain the lifetime health advisory level 
     for such acids established by the Environmental Protection 
     Agency and in effect on October 1, 2017.
       (b) Eligibility for Payment.--To be eligible to receive 
     payment under subsection (a)--
       (1) a local water authority or State, as the case may be, 
     must--
       (A) request such a payment from the Secretary of the Air 
     Force for reimbursable expenses not already covered under a 
     cooperative agreement entered into by the Secretary relating 
     to treatment of perfluorooctane sulfonic acid and 
     perfluorooctanoic acid contamination before the date on which 
     funding is made available to the Secretary for payments 
     relating to such treatment; and
       (B) upon acceptance of such a payment, waive all legal 
     causes of action arising under chapter 171 of title 28, 
     United States Code (commonly known as the ``Federal Tort 
     Claims Act''), and any other Federal tort liability statute 
     for expenses for treatment and mitigation of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid incurred before 
     January 1, 2018, and otherwise covered under this section;
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the water must be the result of 
     activities conducted by or paid for by the Department of the 
     Air Force; and
       (3) treatment or mitigation of such acids must have taken 
     place during the period beginning on January 1, 2016, and 
     ending on the day before the date of the enactment of this 
     Act.
       (c) Agreements.--
       (1) In general.--The Secretary of the Air Force may enter 
     into such agreements with a local water authority or State as 
     the Secretary considers necessary to implement this section.
       (2) Use of memorandum of agreement.--The Secretary of the 
     Air Force may use the applicable Defense State Memorandum of 
     Agreement to pay amounts under subsection (a) that would 
     otherwise be eligible for payment under that agreement were 
     those costs paid using amounts appropriated to the 
     Environmental Restoration Account, Air Force, established 
     under section 2703(a)(4) of title 10, United States Code.
       (3) Payment without regard to existing agreements.--Payment 
     may be made under subsection (a) to a State or a local water 
     authority in that State without regard to existing agreements 
     relating to environmental response actions or indemnification 
     between

[[Page S5713]]

     the Department of the Air Force and that State.
       (d) Limitation.--Any payment made under subsection (a) may 
     not exceed the actual cost of treatment of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid resulting from the 
     activities conducted by or paid for by the Department of the 
     Air Force.
       (e) Availability of Amounts.--Of the amounts authorized to 
     be appropriated to the Department of Defense for Operation 
     and Maintenance, Air Force, not more than $10,000,000 shall 
     be available to carry out this section.
                                 ______
                                 
  SA 6184. Mr. TESTER (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. _____. FIRST RESPONDER FAIR RETIREMENT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the best national and homeland security 
     interests of the United States for Federal agencies to retain 
     the specialized knowledge and experience of individuals who 
     suffer an injury or illness while serving in a covered 
     position (as defined under the amendments made by this 
     section); and
       (2) Federal agencies should ensure, to the greatest extent 
     possible, that an individual who can no longer carry out the 
     duties of a covered position, and is reappointed to a 
     position in the civil service that is not a covered position, 
     is reappointed within the same Federal agency, in the same 
     geographic location, and at a level of pay commensurate to 
     the position which the individual held immediately prior to 
     such injury or illness.
       (b) Retirement for Certain Employees.--
       (1) CSRS.--Section 8336(c) of title 5, United States Code, 
     is amended by adding at the end the following:
       ``(3)(A) In this paragraph--
       ``(i) the term `affected individual' means an individual 
     covered under this subchapter who--
       ``(I) is performing service in a covered position;
       ``(II) while performing official duties, becomes ill or is 
     injured as a direct result of the performance of such duties 
     before the date on which the individual becomes entitled to 
     an annuity under paragraph (1) of this subsection or 
     subsection (e), (m), or (n), as applicable;
       ``(III) because of the illness or injury described in 
     subclause (II), is permanently unable to render useful and 
     efficient service in the covered position held by the 
     employee, as determined by the agency in which the individual 
     was serving when such individual incurred the illness or 
     injury; and
       ``(IV) is appointed to a position in the civil service 
     that--
       ``(aa) is not a covered position; and
       ``(bb) is within an agency that regularly appoints 
     individuals to supervisory or administrative positions 
     related to the activities of the former covered position of 
     the individual; and
       ``(ii) the term `covered position' means a position as a 
     law enforcement officer, customs and border protection 
     officer, firefighter, air traffic controller, nuclear 
     materials courier, member of the Capitol Police, or member of 
     the Supreme Court Police.
       ``(B) Creditable service by an affected individual in a 
     position described in subparagraph (A)(i)(IV) shall be 
     treated as creditable service in a covered position for 
     purposes of this chapter and determining the amount to be 
     deducted and withheld from the pay of the affected individual 
     under section 8334, unless--
       ``(i) the affected individual files an election described 
     in subparagraph (C);
       ``(ii) there is a break in service exceeding 3 days before 
     the affected individual transitions to the position described 
     in subparagraph (A)(i)(IV); or
       ``(iii) the service occurs after the affected individual--
       ``(I) is transferred to a supervisory or administrative 
     position related to the activities of the former covered 
     position of the affected individual; or
       ``(II) meets the age and service requirements that would 
     subject the individual to mandatory separation under section 
     8335 if the affected individual had remained in the former 
     covered position.
       ``(C) In accordance with procedures established by the 
     Director of the Office of Personnel Management, an affected 
     individual may file an election to have any creditable 
     service performed by the affected individual treated in 
     accordance with this chapter without regard to subparagraph 
     (B).
       ``(D) Nothing in this paragraph shall be construed to apply 
     to an affected individual any other pay-related laws or 
     regulations applicable to a covered position.''.
       (2) FERS.--
       (A) In general.--Section 8412(d) of title 5, United States 
     Code, is amended--
       (i) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (ii) by inserting ``(1)'' before ``An employee''; and
       (iii) by adding at the end the following:
       ``(2)(A) In this paragraph--
       ``(i) the term `affected individual' means an individual 
     covered under this chapter who--
       ``(I) is performing service in a covered position;
       ``(II) while performing official duties, becomes ill or is 
     injured as a direct result of the performance of such duties 
     before the date on which the individual becomes entitled to 
     an annuity under paragraph (1) of this subsection or 
     subsection (e), as applicable;
       ``(III) because of the illness or injury described in 
     subclause (II), is permanently unable to render useful and 
     efficient service in the covered position held by the 
     employee, as determined by the agency in which the individual 
     was serving when such individual incurred the illness or 
     injury; and
       ``(IV) is appointed to a position in the civil service 
     that--
       ``(aa) is not a covered position; and
       ``(bb) is within an agency that regularly appoints 
     individuals to supervisory or administrative positions 
     related to the activities of the former covered position of 
     the individual;
       ``(ii) the term `covered position' means a position as a 
     law enforcement officer, customs and border protection 
     officer, firefighter, air traffic controller, nuclear 
     materials courier, member of the Capitol Police, or member of 
     the Supreme Court Police.
       ``(B) Creditable service by an affected individual in a 
     position described in subparagraph (A)(i)(IV) shall be 
     treated as creditable service in a covered position for 
     purposes of this chapter and determining the amount to be 
     deducted and withheld from the pay of the affected individual 
     under section 8422, unless--
       ``(i) the affected individual files an election described 
     in subparagraph (C);
       ``(ii) there is a break in service exceeding 3 days before 
     the affected individual transitions to the position described 
     in subparagraph (A)(i)(IV); or
       ``(iii) the service occurs after the affected individual--
       ``(I) is transferred to a supervisory or administrative 
     position related to the activities of the former covered 
     position of the affected individual; or
       ``(II) meets the age and service requirements that would 
     subject the affected individual to mandatory separation under 
     section 8425 if the affected individual had remained in the 
     former covered position.
       ``(C) In accordance with procedures established by the 
     Director of the Office of Personnel Management, an affected 
     individual may file an election to have any creditable 
     service performed by the affected individual treated in 
     accordance with this chapter without regard to subparagraph 
     (B).
       ``(D) Nothing in this paragraph shall be construed to apply 
     to an affected individual any other pay-related laws or 
     regulations applicable to a covered position.''.
       (B) Technical and conforming amendments.--
       (i) Chapter 84 of title 5, United States Code, is amended--

       (I) in section 8414(b)(3), by inserting ``(1)'' after 
     ``subsection (d)'';
       (II) in section 8415--

       (aa) in subsection (e), in the matter preceding paragraph 
     (1), by inserting ``(1)'' after ``subsection (d)''; and
       (bb) in subsection (h)(2)(A), by striking ``(d)(2)'' and 
     inserting ``(d)(1)(B)'';

       (III) in section 8421(a)(1), by inserting ``(1)'' after 
     ``(d)'';
       (IV) in section 8421a(b)(4)(B)(ii), by inserting ``(1)'' 
     after ``section 8412(d)'';
       (V) in section 8425, by inserting ``(1)'' after ``section 
     8412(d)'' each place it appears; and
       (VI) in section 8462(c)(3)(B)(ii), by inserting ``(1)'' 
     after ``subsection (d)''.

       (ii) Title VIII of the Foreign Service Act of 1980 (22 
     U.S.C. 4041 et seq.) is amended--

       (I) in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by 
     inserting ``(1)'' after ``or 8412(d)''; and
       (II) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), by 
     inserting ``(1)'' after ``or 8412(d)''.

       (3) CIA employees.--Section 302 of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2152) is amended by adding 
     at the end the following:
       ``(d) Employees Disabled on Duty.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `affected employee' means an employee of the 
     Agency covered under subchapter II of chapter 84 of title 5, 
     United States Code, who--
       ``(i) is performing service in a position designated under 
     subsection (a);
       ``(ii) while performing official duties in the position 
     designated under subsection (a), becomes ill or is injured as 
     a direct result of the performance of such duties before the 
     date on which the employee becomes entitled to an annuity 
     under section 233 of this Act or section 8412(d)(1) of title 
     5, United States Code;
       ``(iii) because of the illness or injury described in 
     clause (ii), is permanently unable to render useful and 
     efficient service in the covered position held by the 
     employee, as determined by the Director; and
       ``(iv) is appointed to a position in the civil service 
     within the Agency that is not a covered position; and
       ``(B) the term `covered position' means a position as--
       ``(i) a law enforcement officer described in section 
     8331(20) or 8401(17) of title 5, United States Code;

[[Page S5714]]

       ``(ii) a customs and border protection officer described in 
     section 8331(31) or 8401(36) of title 5, United States Code;
       ``(iii) a firefighter described in section 8331(21) or 
     8401(14) of title 5, United States Code;
       ``(iv) an air traffic controller described in section 
     8331(30) or 8401(35) of title 5, United States Code;
       ``(v) a nuclear materials courier described in section 
     8331(27) or 8401(33) of title 5, United States Code;
       ``(vi) a member of the United States Capitol Police;
       ``(vii) a member of the Supreme Court Police;
       ``(viii) an affected employee; or
       ``(ix) a special agent described in section 804(15) of the 
     Foreign Service Act of 1980 (22 U.S.C. 4044(15)).
       ``(2) Treatment of service after disability.--Creditable 
     service by an affected employee in a position described in 
     paragraph (1)(A)(iv) shall be treated as creditable service 
     in a covered position for purposes of this Act and chapter 84 
     of title 5, United States Code, including eligibility for an 
     annuity under section 233 of this Act or 8412(d)(1) of title 
     5, United States Code, and determining the amount to be 
     deducted and withheld from the pay of the affected employee 
     under section 8422 of title 5, United States Code, unless--
       ``(A) the affected employee files an election described in 
     paragraph (3);
       ``(B) there is a break in service exceeding 3 days before 
     the affected employee transitions to the position described 
     in paragraph (1)(A)(iv); or
       ``(C) the service occurs after the affected employee is 
     transferred to a supervisory or administrative position 
     related to the activities of the former covered position of 
     the affected employee.
       ``(3) Opt out.--An affected employee may file an election 
     to have any creditable service performed by the affected 
     employee treated in accordance with chapter 84 of title 5, 
     United States Code, without regard to paragraph (2).''.
       (4) Foreign service retirement and disability system.--
     Section 806(a)(6) of the Foreign Service Act of 1980 (22 
     U.S.C. 4046(a)(6)) is amended by adding at the end the 
     following:
       ``(D)(i) In this subparagraph--
       ``(I) the term `affected special agent' means an individual 
     covered under this subchapter who--
       ``(aa) is performing service as a special agent;
       ``(bb) while performing official duties as a special agent, 
     becomes ill or is injured as a direct result of the 
     performance of such duties before the date on which the 
     individual becomes entitled to an annuity under section 811;
       ``(cc) because of the illness or injury described in item 
     (bb), is permanently unable to render useful and efficient 
     service as a special agent, as determined by the Secretary; 
     and
       ``(dd) is appointed to a position in the Foreign Service 
     that is not a covered position; and
       ``(II) the term `covered position' means a position as--
       ``(aa) a law enforcement officer described in section 
     8331(20) or 8401(17) of title 5, United States Code;
       ``(bb) a customs and border protection officer described in 
     section 8331(31) or 8401(36) of title 5, United States Code;
       ``(cc) a firefighter described in section 8331(21) or 
     8401(14) of title 5, United States Code;
       ``(dd) an air traffic controller described in section 
     8331(30) or 8401(35) of title 5, United States Code;
       ``(ee) a nuclear materials courier described in section 
     8331(27) or 8401(33) of title 5, United States Code;
       ``(ff) a member of the United States Capitol Police;
       ``(gg) a member of the Supreme Court Police;
       ``(hh) an employee of the Agency designated under section 
     302(a) of the Central Intelligence Agency Retirement Act (50 
     U.S.C. 2152(a)); or
       ``(ii) a special agent.
       ``(ii) Creditable service by an affected special agent in a 
     position described in clause (i)(I)(dd) shall be treated as 
     creditable service as a special agent for purposes of this 
     subchapter, including determining the amount to be deducted 
     and withheld from the pay of the individual under section 
     805, unless--
       ``(I) the affected special agent files an election 
     described in clause (iii);
       ``(II) there is a break in service exceeding 3 days before 
     the special agent transitions to a position described in 
     clause (i)(I)(dd); or
       ``(III) the service occurs after the affected special agent 
     is transferred to a supervisory or administrative position 
     related to the activities of the former covered position of 
     the affected special agent.
       ``(iii) In accordance with procedures established by the 
     Secretary, an affected special agent may file an election to 
     have any creditable service performed by the affected special 
     agent treated in accordance with this subchapter, without 
     regard to clause (ii).''.
       (5) Implementation.--
       (A) Office of personnel management.--Not later than 1 year 
     after the date of enactment of this Act, the Director of the 
     Office of Personnel Management shall promulgate regulations 
     to carry out the amendments made by paragraphs (1) and (2).
       (B) CIA employees.--The Director of the Central 
     Intelligence Agency shall promulgate regulations to carry out 
     the amendment made by subsection (c).
       (C) Foreign service retirement and disability system.--The 
     Secretary of State shall promulgate regulations to carry out 
     the amendment made by paragraph (4).
       (D) Agency certification.--The regulations promulgated to 
     carry out the amendments made by this section shall include a 
     requirement that the head of the agency at which an affected 
     individual, affected employee, or affected special agent (as 
     the case may be) incurred the applicable illness or injury 
     certifies that such illness or injury--
       (i) was incurred in the course of performing official 
     duties; and
       (ii) permanently precludes the affected individual, 
     affected employee, or affected special agent from rendering 
     useful and efficient service in the covered position but 
     would not preclude the affected individual, affected 
     employee, or affected special agent from continuing to serve 
     in the Federal service.
       (E) Agency reappointment.--The regulations promulgated to 
     carry out the amendments made by this section shall ensure 
     that, to the greatest extent possible, the head of each 
     agency appoints an affected individual, affected employee, or 
     affected special agent to a supervisory or administrative 
     position related to the activities of the former covered 
     position of the affected individual, affected employee, or 
     affected special agent.
       (F) Treatment of service.--The regulations promulgated to 
     carry out the amendments made by this section shall ensure 
     that the creditable service of an affected individual, 
     affected employee, or affected special agent (as the case may 
     be) that is not in a covered position pursuant to an election 
     made under such amendments shall be treated as the same type 
     of service as the covered position in which the affected 
     individual, affected employee, or affected special agent 
     suffered the qualifying illness or injury.
       (6) Effective date; applicability.--The amendments made by 
     this section--
       (A) shall take effect on the date of enactment of this Act; 
     and
       (B) shall apply to an individual who suffers an illness or 
     injury described in section 8336(c)(3)(A)(i)(II) or section 
     8412(d)(2)(A)(i)(II) of title 5, United States Code, as 
     amended by this subsection, section 302(d)(1)(A)(ii) of the 
     Central Intelligence Agency Retirement Act, as amended by 
     this subsection, or section 806(a)(6)(D)(i)(I)(bb) of the 
     Foreign Service Act of 1980, as amended by this subsection, 
     on or after the date that is 2 years after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 6185. Mr. TESTER (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 in title X, insert the following:

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

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

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

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

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

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a

[[Page S5715]]

     rental assistance and supported housing program, to be known 
     as the `Tribal HUD-VASH program', in conjunction with the 
     Secretary of Veterans Affairs, by awarding grants for the 
     benefit of eligible Indian veterans.
       ``(iii) Model.--

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

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

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

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

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

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

       ``(viii) Waiver.--

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

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

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

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2023, and every 5 years thereafter, the 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

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

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

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.
                                 ______
                                 
  SA 6186. Mr. TESTER (for himself, Mr. Grassley, and Mr. Cassidy) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel 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 DESCRIPTION OF INTEREST FOR 
                   PURPOSES OF CERTAIN DISTRIBUTIONS OF 
                   ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES.

       Section 605(c)(1) of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended by 
     striking ``October 1, 2014'' and inserting ``October 1, 
     2000''.
                                 ______
                                 
  SA 6187. 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. __. MARTHA WRIGHT-REED JUST AND REASONABLE 
                   COMMUNICATIONS ACT OF 2021.

       (a) Short Title.--This section may be cited as the ``Martha 
     Wright-Reed Just and Reasonable Communications Act of 2021''.
       (b) Technical Amendments.--
       (1) In general.--Section 276 of the Communications Act of 
     1934 (47 U.S.C. 276) is amended--
       (A) in subsection (b)(1)(A)--
       (i) by striking ``per call'';
       (ii) by inserting ``, and all rates and charges are just 
     and reasonable,'' after ``fairly compensated'';
       (iii) by striking ``each and every'';
       (iv) by striking ``call using'' and inserting 
     ``communications using''; and
       (v) by inserting ``or other calling device'' after 
     ``payphone''; and
       (B) in subsection (d), by inserting ``and advanced 
     communications services described in subparagraphs (A), (B), 
     (D), and (E) of section 3(1)'' after ``inmate telephone 
     service''.
       (2) Definition of advanced communications services.--
     Section 3(1) of the Communications Act of 1934 (47 U.S.C. 
     153(1)) is amended--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) any audio or video communications service used by 
     inmates for the purpose of communicating with individuals 
     outside the correctional institution where the inmate is 
     held, regardless of technology used.''.
       (3) Application of the act.--Section 2(b) of the 
     Communications Act of 1934 (47 U.S.C. 152(b)) is amended by 
     inserting ``section 276,'' after ``sections 223 through 227, 
     inclusive,''.
       (c) Implementation.--
       (1) Rulemaking.--Not earlier than 18 months and not later 
     than 24 months after the date of enactment of this Act, the 
     Federal Communications Commission shall promulgate any 
     regulations necessary to implement this section and the 
     amendments made by this section.
       (2) Use of data.--In implementing this section and the 
     amendments made by this section, including by promulgating 
     regulations under subsection (a) and determining just and 
     reasonable rates, the Federal Communications Commission--
       (A) may use industry-wide average costs of telephone 
     service and advanced communications services and the average 
     costs of service of a communications service provider; and
       (B) shall consider costs associated with any safety and 
     security measures necessary to provide a service described in 
     subparagraph (A) and differences in the costs described in 
     subparagraph (A) by small, medium, or large facilities or 
     other characteristics.

[[Page S5716]]

       (d) Effect on Other Laws.--Nothing in this section shall be 
     construed to modify or affect any Federal, State, or local 
     law to require telephone service or advanced communications 
     services at a State or local prison, jail, or detention 
     facility or prohibit the implementation of any safety and 
     security measures related to such services at such 
     facilities.
                                 ______
                                 
  SA 6188. 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 G of title X, add the following:

     SEC. 1077. DESIGNATION OF COLONEL MARY LOUISE RASMUSON CAMPUS 
                   OF THE ALASKA VA HEALTHCARE SYSTEM.

       (a) Findings.--Congress finds the following:
       (1) Mary Louise (Milligan) Rasmuson was born April 11, 
     1911, in East Pittsburgh, Pennsylvania.
       (2) Mary Louise received a Bachelor of Science degree from 
     the Carnegie Institute of Technology and a Master of 
     Education degree from the University of Pittsburgh.
       (3) Mary Louise was one of the first two women to receive 
     an Honorary Doctorate of Laws degree from the Carnegie 
     Institute of Technology.
       (4) In 1942, Mary Louise joined the Women's Army Auxiliary 
     Corps as a Private and was in the first graduating class.
       (5) Mary Louise worked up the ranks, and in 1957, President 
     Dwight Eisenhower appointed Mary Louise as the Fifth Director 
     of the Women's Army Corps and she was reappointed to this 
     position by President John F. Kennedy in 1961.
       (6) In 1962, Colonel Rasmuson retired from the Army.
       (7) Colonel Rasmuson was recognized for her outstanding 
     service in the Women's Army Corps with the Legion of Merit 
     award with two Oak Leaf Clusters for her work in expanding 
     the roles and duties of women in the Army, as well as her 
     role in integrating Black women in the Women's Army Corps.
       (8) Colonel Rasmuson became Director of the Women's Army 
     Corps during tumultuous times and is credited with enhancing 
     the image and recruitment of women into the Women's Army 
     Corps during her years as the Director.
       (9) Colonel Rasmuson expanded opportunities for women to 
     serve in assignments previously reserved only for men, 
     starting with the assignments of 12 enlisted women into the 
     First Missile Master Unit at Fort Meade, Maryland.
       (10) Colonel Rasmuson was instrumental in enabling women to 
     be promoted above the grade of E-7 into the highest enlisted 
     ranks of the Army, E-8 and E-9.
       (11) During her time in the Women's Army Corps, Colonel 
     Rasmuson was the guiding force behind the Army opening up the 
     college enlistment option to women under the self-enhancement 
     programs and witnessed the first female enlisted member 
     attend college under those programs.
       (12) The career of Colonel Rasmuson also laid the 
     groundwork for women to be fully integrated into the United 
     States Army when the Women's Army Corps was disbanded in 
     1978.
       (13) In 1961, Mary Louise married a prominent leader in 
     Alaska, Elmer E. Rasmuson, and she was the first Director of 
     the Women's Army Corps to be married while serving in that 
     position.
       (14) After her retirement from military service in 1962, 
     Mary Louise moved to Alaska where she continued her 
     leadership as a veteran in her community in Alaska.
       (15) Mary Louise served as First Lady of Anchorage after 
     the devastating magnitude 9.2 earthquake in 1964, after her 
     husband, Elmer, was elected as mayor, serving from 1964 to 
     1967.
       (16) Mary Louise was an advocate of social justice, 
     education, and the arts during her 45 years of work on the 
     Board of the Rasmuson Foundation.
       (17) Mary Louise served as the Honorary Chair and was a 
     major founder to renovate the Anchorage Veterans Memorial on 
     the Delaney Parkstrip in downtown Anchorage.
       (18) Mary Louise also contributed to the Army Women's 
     Museum, the National Museum of the American Indian, and the 
     National Museum of the United States Army.
       (19) Mary Louise was the Chair of the Anchorage Museum 
     Foundation and helped establish the museum in Anchorage, 
     serving as its Chair for 21 years.
       (20) On July 30, 2012, Mary Louise died at her home in 
     Anchorage, at the age of 101, but her legacy of character and 
     leadership will endure as an example to all who serve in the 
     United States military.
       (b) Designation.--The medical center of the Department of 
     Veterans Affairs in Anchorage, Alaska, shall, after the date 
     of the enactment of this Act, be known and designated as the 
     ``Colonel Mary Louise Rasmuson Campus of the Alaska VA 
     Healthcare System''.
       (c) Reference.--Any reference in any law, regulation, map, 
     document, paper, or other record of the United States to the 
     medical center referred to in subsection (b) shall be 
     considered to be a reference to the Colonel Mary Louise 
     Rasmuson Campus of the Alaska VA Healthcare System.
                                 ______
                                 
  SA 6189. 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 G of title X, add the following:

     SEC. 1077. PILOT PROGRAM ON HIRING VETERANS.

       (a) Establishment of Pilot Program.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Defense, in coordination with the Secretary of 
     Veterans Affairs (in this section referred to as the 
     ``Secretaries''), shall establish a pilot program that--
       (1) facilitates the transition of members of the Armed 
     Forces from service in the Armed Forces to workforce 
     development programs that lead to employment; and
       (2) aims to decrease the rate of suicide among veterans.
       (b) Authorized Workforce Development Programs.--In 
     implementing the pilot program, the Secretaries shall utilize 
     the SkillBridge program of the Department of Defense, the 
     Army Career Skills program, registered apprenticeship 
     programs, industry-recognized apprenticeship programs, 
     internships, and any other type of workforce development 
     program that the Secretaries consider appropriate.
       (c) Location.--The Secretaries shall conduct the pilot 
     program in two different States, including the State with the 
     highest number of veterans per capita.
       (d) Partnership.--If, in the States in which the pilot 
     program is being conducted, there exist veteran-run 
     organizations that assist members of the Armed Forces 
     transitioning from service in the Armed Forces, the 
     Secretaries shall partner with those organizations in 
     carrying out the pilot program.
       (e) Duration.--The pilot program shall be carried out for a 
     three-year period.
       (f) Report.--
       (1) Annual reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for the 
     duration of the pilot program, the Secretaries shall jointly 
     submit to the congressional defense committees a report that 
     details--
       (A) the number of veterans who have been placed into full-
     time, permanent employment as a result of the pilot program;
       (B) the number of veterans who started, but did not finish, 
     a workforce development program under the pilot program;
       (C) the types of workforce development programs utilized in 
     the pilot program;
       (D) the success of the pilot program;
       (E) the costs of implementing the pilot program; and
       (F) the partner organizations that were utilized in 
     carrying out the pilot program.
       (2) Final report.--
       (A) Recommendation.--In the final report submitted under 
     paragraph (1), the Secretaries shall make a recommendation on 
     whether or not to extend the pilot program into a permanent 
     program.
       (B) Costs.--The Secretaries shall include in the final 
     report submitted under paragraph (1) the costs of and 
     resources needed to extend the pilot program into a permanent 
     program.
       (g) Authorization.--There is authorized to be appropriated 
     to carry out this section $10,000,000 for each of fiscal 
     years 2023 through 2025.
                                 ______
                                 
  SA 6190. 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 appropriate place, insert the following:

     SEC. _____. CERTAIN AMOUNTS TREATED AS EARNED INCOME FOR 
                   KIDDIE TAX.

       (a) In General.--Section 1(g)(4)(C) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(C) Treatment of certain amounts as earned income.--For 
     purposes of this subsection, each of the following amounts 
     shall be treated as earned income of the child referred to in 
     paragraph (1) to the extent included in the gross income of 
     such child:
       ``(i) Distributions from qualified disability trusts.--Any 
     amount included in

[[Page S5717]]

     the gross income of such child under section 652 or 662 by 
     reason of being a beneficiary of a qualified disability trust 
     (as defined in section 642(b)(2)(C)(ii)).
       ``(ii) Certain indian tribal payments.--Any payment which 
     is included in the gross income of such child and made by an 
     Indian tribal government (as defined in section 139E(c)(1)), 
     or from a trust of which the Indian tribal government is 
     treated as the owner under subpart E of part I of subchapter 
     J, to or for the benefit of such child if--

       ``(I) such child or a family member (within the meaning of 
     section 267(c)(4)) is an enrolled member of the tribe with 
     respect to such Indian tribal government, and
       ``(II) such payment is made by reason of such enrollment.

       ``(iii) Certain payments from native corporations or 
     settlement trusts.--Any payment which is included in the 
     gross income of such child and--

       ``(I) made by a Native corporation (as defined in section 
     646(h)(2)) to or for the benefit of such child if such child 
     or a family member (within the meaning of section 267(c)(4)) 
     has an equity interest in the Native corporation, or
       ``(II) made by a Settlement Trust (as defined in section 
     646(h)(4)) to or for the benefit of such child if such child 
     or a family member (within the meaning of section 267(c)(4)) 
     has a beneficial interest in such Settlement Trust.

       ``(iv) Alaska permanent fund dividends.--The amount of any 
     Alaska Permanent Fund dividend which is included in the gross 
     income of such child.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.
                                 ______
                                 
  SA 6191. Mr. TILLIS (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 B of title V, add the following:

     SEC. 517. REQUIREMENT TO IMPLEMENT PREVIOUSLY AUTHORIZED 
                   PILOT PROGRAMS TO PROVIDE FLIGHT TRAINING IN 
                   CONNECTION WITH SROTC UNITS AND CSPI PROGRAMS 
                   AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 
                   AND MINORITY INSTITUTIONS.

       Section 519(a) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 10 U.S.C. 2101 note) is amended by striking ``may 
     carry out'' and inserting ``shall carry out''.
                                 ______
                                 
  SA 6192. 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 VII, add the following:

     SEC. 706. TRANSITIONAL HEALTH BENEFITS: REQUIREMENTS RELATING 
                   TO MENTAL HEALTH AND SUICIDE PREVENTION.

       (a) Mental Health Examination Required.--Paragraph (5) of 
     section 1145(a) of title 10, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``physical examination and a mental health 
     assessment'' and inserting ``comprehensive separation health 
     examination and a comprehensive mental health examination'';
       (B) by striking ``The physical examination'' and inserting 
     ``Such examinations''; and
       (C) by adding at the end the following new sentence: ``If 
     the Secretary concerned is unable to furnish the examinations 
     required under this subparagraph at a military medical 
     treatment facility, the Secretary concerned shall furnish 
     such examinations at a civilian facility or through the 
     Reserve Health Readiness Program of the Department of 
     Defense, or such successor program.'';
       (2) in subparagraph (B), by striking ``physical 
     examination'' and inserting ``comprehensive separation health 
     examination'' each place it appears;
       (3) in subparagraph (C), in the matter preceding clause 
     (i), by striking ``physical examination'' and inserting 
     ``comprehensive separation health examination''; and
       (4) in subparagraph (D), by striking ``physical examination 
     and mental health assessment'' and inserting ``comprehensive 
     separation health examination and comprehensive mental health 
     examination''.
       (b) Follow up Treatment.--Paragraph (6) of such section is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``medical examination'' and inserting ``a 
     comprehensive separation health examination or a 
     comprehensive mental health examination''; and
       (B) by striking ``for a referral'' and all that follows 
     through the period at the end and inserting the following: 
     ``that a referral for follow up treatment is recommended.''; 
     and
       (2) by adding at the end the following:
       ``(C) The Secretary concerned shall--
       ``(i) update the electronic health record maintained by the 
     Secretary concerned for a member of the armed forces to 
     include the results of the comprehensive separation health 
     examination and comprehensive mental health examination 
     furnished to the member pursuant to paragraph (5); and
       ``(ii) share with the Secretary of Veterans Affairs 
     information regarding the results specified in clause (i), 
     and the results of any action taken pursuant to subparagraph 
     (A), with respect to a member of the armed forces, to ensure 
     that the member may schedule any necessary appointment for 
     follow up mental health treatment after enrolling in the 
     health care system of the Department of Veterans Affairs 
     specified in subparagraph (B)(iii), as applicable.''.
       (c) Predictive Analytics.--Such section is further amended 
     by adding at the end the following new paragraph:
       ``(8)(A) The Secretary concerned, in collaboration with the 
     Secretary of Veterans Affairs, shall develop a predictive 
     analytics model to be used as a suicide prevention measure 
     for members of the armed forces entitled to health care 
     benefits under this section or the laws administered by the 
     Secretary of Veterans Affairs. Such model shall take into 
     account data from--
       ``(i) the comprehensive separation health examinations and 
     comprehensive mental health examinations furnished pursuant 
     to paragraph (5); and
       ``(ii) such other necessary data sources and variables as 
     may be jointly identified by the Secretary concerned and the 
     Secretary of Veterans Affairs.
       ``(B) Following the comprehensive separation health 
     examination and comprehensive mental health examination of a 
     member of the armed forces pursuant to paragraph (5), the 
     Secretary concerned shall, using the model developed under 
     subparagraph (A)--
       ``(i) analyze data from the electronic health record of the 
     member (as updated pursuant to paragraph (6)(C)) to identify 
     whether the member is at a statistically elevated risk for 
     suicide, hospitalization, illness, or other adverse health 
     outcomes, and to provide preemptive care and support for the 
     member prior to the member having, or expressing to a 
     qualified mental health provider, suicidal thoughts;
       ``(ii) for any member so identified, indicate such 
     identification in the electronic health record of the member;
       ``(iii) ensure any member so identified is contacted to 
     initiate a plan for mental health care; and
       ``(iv) provide to the Secretary of Veterans Affairs an 
     analysis of the members so identified.''.
       (d) Definitions.--Section 1145(e) of title 10, United 
     States Code, is amended--
       (1) in the subsection heading, by striking ``Definition'' 
     and inserting ``Definitions'';
       (2) by striking ``section, the term'' and inserting the 
     following: ``section:
       ``(1) The term''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) The term `comprehensive separation health 
     examination' means a questionnaire, jointly developed and 
     used by the Secretary of Defense and the Secretary of 
     Veterans Affairs, for all body systems, to evaluate whether a 
     member of the armed forces may have a physical illness or 
     disability.
       ``(3) The term `comprehensive mental health examination' 
     means a questionnaire, jointly developed by the Secretary of 
     Defense and the Secretary of Veterans Affairs, and 
     administered by a qualified mental health provider, to 
     evaluate whether a member of the armed forces--
       ``(A) has a mental health disorder; or
       ``(B) is experiencing suicide ideation.
       ``(4) The term `qualified mental health provider' means--
       ``(A) a board certified or board eligible psychiatrist;
       ``(B) a licensed psychologist with a doctoral degree from 
     an accredited graduate program in psychology;
       ``(C) a mental health provider with a doctoral degree from 
     an accredited graduate program in a field relating to mental 
     health, acting under the general supervision of an individual 
     specified in subparagraph (A) or (B);
       ``(D) a student in an accredited graduate program in 
     psychiatry completing a residency, acting under the close and 
     direct supervision of an individual specified in subparagraph 
     (A) or (B); or
       ``(E) a student in an accredited graduate program in 
     clinical or counseling psychology completing a one-year 
     internship or residency (for the purpose of obtaining a 
     doctoral degree from such program), acting under the close 
     and direct supervision of an individual specified in 
     subparagraph (A) or (B).''.
                                 ______
                                 
  SA 6193. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr.

[[Page S5718]]

Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. SUPPORT FOR ACCESSION OF SWEDEN AND FINLAND TO 
                   NATO.

       (a) Findings.--Congress makes the following findings:
       (1) North Atlantic Treaty Organization (NATO) ambassadors 
     signed the Accession Protocols for Finland and Sweden on July 
     5, 2022.
       (2) The Senate agreed to the resolution of advice and 
     consent to ratification of the Protocols to the North 
     Atlantic Treaty of 1949 on the Accession of the Republic of 
     Finland and the Kingdom of Sweden (Treaty Doc. 117-3) on 
     August 3, 2022.
       (3) The accession of Finland and Sweden to NATO will 
     strengthen the capabilities, geostrategic position, and 
     deterrence posture of the alliance in the Baltic Sea region 
     and the North Atlantic from that day forward.
       (4) The accession of Finland and Sweden to NATO will reduce 
     each current member nation's respective burden share as a 
     percentage of the total alliance's deterrence and defense 
     posture.
       (b) Sense of Congress.--Congress, in accordance with its 
     support for NATO's collective security commitment and for 
     maximizing the combined defense capabilities of United States 
     allies and partners through NATO coordination and 
     cooperation, and with anticipation for the accession of 
     Finland and Sweden to the alliance--
       (1) recognizes the steps taken by the United States to 
     build upon years of joint and multilateral engagement, 
     training, and exercises; and
       (2) encourages the President to further advance the efforts 
     of the United States with respect to--
       (A) enhancing the interoperability of the militaries of 
     Finland and Sweden with the United States, including via--
       (i) exercises and training across all domains, including a 
     focus on critical capabilities such as--

       (I) command, control, and communications;
       (II) logistics;
       (III) planning; and
       (IV) integrated and resilient operations across Northern 
     Europe and the Arctic;

       (ii) bomber task forces;
       (iii) freedom of navigation operations in the territorial 
     waters of these nations and of NATO allies in the Baltic Sea;
       (iv) personnel and professional military education program 
     exchanges;
       (v) United States foreign military sales;
       (vi) joint development of emerging technologies, including 
     cybersecurity and telecommunications components; and
       (vii) coordination on critical infrastructure, including 
     dual-use infrastructure such as telecommunications 
     infrastructure and port facilities;
       (B) trilateral cooperation between Finland and Sweden with 
     the United States, including the military activities 
     described in clauses (i) through (vii) of subparagraph (A) 
     and through the trilateral statement of intent signed by all 
     three nations in 2018;
       (C) multilateral interoperability between Finland, Sweden, 
     and all NATO partners, including military activities 
     described in clauses (i) through (vii) of subparagraph (A); 
     and
       (D) countering disinformation campaigns that seek to 
     diminish the relevancy and cohesion of NATO or otherwise 
     undermine or delay the collective accession process of NATO 
     members; and
       (3) calls on all NATO members to take similar, respective 
     actions as provided in paragraph (2) to further advance the 
     interoperability of the militaries of Finland and Sweden with 
     NATO forces and bolster European security, in conjunction 
     with the rapid completion of their respective ratification 
     processes.
                                 ______
                                 
  SA 6194. 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 XII, add the following:

     SEC. 1254. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH 
                   FAMILY MEMBERS IN NORTH KOREA.

       (a) Consultations.--
       (1) Consultations with south korea.--The Secretary of 
     State, or a designee of the Secretary, should consult with 
     officials of South Korea, as appropriate, on potential 
     opportunities to reunite Korean American families with family 
     members in North Korea from which such Korean American 
     families were divided after the signing of the Korean War 
     Armistice Agreement, including potential opportunities for 
     video reunions for Korean Americans with such family members.
       (2) Consultations with korean americans.--The Special Envoy 
     for North Korean Human Rights Issues of the Department of 
     State should regularly consult with representatives of Korean 
     Americans who have family members in North Korea with respect 
     to efforts to reunite families divided after the signing of 
     the Korean War Armistice Agreement, including potential 
     opportunities for video reunions for Korean Americans with 
     such family members.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of State, acting through the Special Envoy for North Korean 
     Human Rights Issues, shall submit a report to the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives regarding the 
     consultations conducted pursuant to subsection (a) during the 
     preceding year.
                                 ______
                                 
  SA 6195. Mr. VAN HOLLEN (for himself, Mr. Scott of South Carolina, 
Mr. Warnock, Ms. Lummis, Mr. Casey, Ms. Collins, 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. __. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION 
                   OF SENIOR INVESTORS AND SENIOR POLICYHOLDERS.

       (a) In General.--Section 989A of the Investor Protection 
     and Securities Reform Act of 2010 (15 U.S.C. 5537) is amended 
     to read as follows:

     ``SEC. 989A. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED 
                   PROTECTION OF SENIOR INVESTORS AND SENIOR 
                   POLICYHOLDERS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) the securities commission (or any agency or office 
     performing like functions) of any State; and
       ``(B) the insurance department (or any agency or office 
     performing like functions) of any State.
       ``(2) Senior.--The term `senior' means any individual who 
     has attained the age of 62 years or older.
       ``(3) Senior financial fraud.--The term `senior financial 
     fraud' means a fraudulent or otherwise illegal, unauthorized, 
     or improper act or process of an individual, including a 
     caregiver or a fiduciary, that--
       ``(A) uses the resources of a senior for monetary or 
     personal benefit, profit, or gain;
       ``(B) results in depriving a senior of rightful access to 
     or use of benefits, resources, belongings, or assets; or
       ``(C) is an action described in section 1348 of title 18, 
     United States Code, that is taken against a senior.
       ``(4) Task force.--The term `task force' means the task 
     force established under subsection (b)(1).
       ``(b) Grant Program.--
       ``(1) Task force.--
       ``(A) In general.--The Commission shall establish a task 
     force to carry out the grant program under paragraph (2).
       ``(B) Membership.--The task force shall consist of the 
     following members:
       ``(i) A Chair of the task force, who--

       ``(I) shall be appointed by the Chairman of the Commission, 
     in consultation with the Commissioners of the Commission; and
       ``(II) may be a representative of the Office of the 
     Investor Advocate of the Commission, the Division of 
     Enforcement of the Commission, or such other representative 
     as the Commission determines appropriate.

       ``(ii) If the Chair is not a representative of the Office 
     of the Investor Advocate of the Commission, a representative 
     of such Office.
       ``(iii) If the Chair is not a representative of the 
     Division of Enforcement of the Commission, a representative 
     of such Division.
       ``(iv) Such other representatives as the Commission 
     determines appropriate.
       ``(C) Detail of executive agency employees.--Upon the 
     request of the Commission, the head of any Federal agency may 
     detail, on a reimbursable basis, any of the personnel of that 
     Federal agency to the Commission to assist it in carrying out 
     its functions under this section. The detail of any such 
     personnel shall be without interruption or loss of civil 
     service status or privilege.
       ``(2) Grants.--The task force shall carry out a program 
     under which the task force shall make grants, on a 
     competitive basis, to eligible entities, which--
       ``(A) may use the grant funds--
       ``(i) to hire staff to identify, investigate, and prosecute 
     (through civil, administrative, or criminal enforcement 
     actions) cases involving senior financial fraud;

[[Page S5719]]

       ``(ii) to fund technology, equipment, and training for 
     regulators, prosecutors, and law enforcement officers, in 
     order to identify, investigate, and prosecute cases involving 
     senior financial fraud;
       ``(iii) to provide educational materials and training to 
     seniors to increase awareness and understanding of senior 
     financial fraud;
       ``(iv) to develop comprehensive plans to combat senior 
     financial fraud; and
       ``(v) to enhance provisions of State law to provide 
     protection from senior financial fraud; and
       ``(B) may not use the grant funds for any indirect expense, 
     such as rent, utilities, or any other general administrative 
     cost that is not directly related to the purpose of the grant 
     program.
       ``(3) Authority of task force.--In carrying out paragraph 
     (2), the task force--
       ``(A) may consult with staff of the Commission; and
       ``(B) shall make public all actions of the task force 
     relating to carrying out that paragraph.
       ``(c) Applications.--An eligible entity desiring a grant 
     under this section shall submit an application to the task 
     force, in such form and in such a manner as the task force 
     may determine, that includes--
       ``(1) a proposal for activities to protect seniors from 
     senior financial fraud that are proposed to be funded using a 
     grant under this section, including--
       ``(A) an identification of the scope of the problem of 
     senior financial fraud in the applicable State;
       ``(B) a description of how the proposed activities would--
       ``(i) protect seniors from senior financial fraud, 
     including by proactively identifying victims of senior 
     financial fraud;
       ``(ii) assist in the investigation and prosecution of those 
     committing senior financial fraud; and
       ``(iii) discourage and reduce cases of senior financial 
     fraud; and
       ``(C) a description of how the proposed activities would be 
     coordinated with other State efforts; and
       ``(2) any other information that the task force determines 
     appropriate.
       ``(d) Performance Objectives; Reporting Requirements; 
     Audits.--
       ``(1) In general.--The task force--
       ``(A) may establish such performance objectives and 
     reporting requirements for eligible entities receiving a 
     grant under this section as the task force determines are 
     necessary to carry out and assess the effectiveness of the 
     program under this section; and
       ``(B) shall require each eligible entity that receives a 
     grant under this section to submit to the task force a 
     detailed accounting of the use of grant funds, which shall be 
     submitted at such time, in such form, and containing such 
     information as the task force may require.
       ``(2) Report.--Not later than 2 years, and again not later 
     than 5 years, after the date of the enactment of the 
     Empowering States to Protect Seniors from Bad Actors Act, the 
     task force 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--
       ``(A) specifies each recipient of a grant under this 
     section;
       ``(B) includes a description of the programs that are 
     supported by each such grant; and
       ``(C) includes an evaluation by the task force of the 
     effectiveness of such grants.
       ``(3) Audits.--The task force shall annually conduct an 
     audit of the program under this section to ensure that 
     eligible entities to which grants are made under that program 
     are, for the year covered by the audit, using grant funds for 
     the intended purposes of those funds.
       ``(e) Maximum Amount.--The amount of a grant to an eligible 
     entity under this section may not exceed $500,000, which the 
     task force shall adjust annually to reflect the percentage 
     change in the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.
       ``(f) Subgrants.--An eligible entity that receives a grant 
     under this section may, in consultation with the task force, 
     make a subgrant, as the eligible entity determines is 
     necessary or appropriate--
       ``(1) to carry out the activities described in subsection 
     (b)(2)(A); and
       ``(2) which may not be used for any activity described in 
     subsection (b)(2)(B).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2023 through 2028.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act (Public Law 111-203; 124 Stat. 1376) is 
     amended by striking the item relating to section 989A and 
     inserting the following:

``Sec. 989A. Grants to eligible entities for enhanced protection of 
              senior investors and senior policyholders.''.
									______
								
  SA 6196. Mr. VAN HOLLEN (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 end of subtitle C of title XII, add the following:

     SEC. 1239. ESTABLISHMENT AND ENFORCEMENT OF PRICE CAP ON 
                   EXPORTS OF PETROLEUM AND PETROLEUM PRODUCTS 
                   FROM THE RUSSIAN FEDERATION.

       (a) Price Cap on Russian Petroleum and Petroleum 
     Products.--
       (1) Establishment of price cap.--
       (A) In general.--Not later than March 30, 2023, the 
     President shall, in consultation with the governments of 
     countries that are allies and partners of the United States, 
     establish a cap on the price of seaborne petroleum and 
     petroleum products exported from the Russian Federation.
       (B) Reductions in price cap.--The President shall reduce 
     the price cap established under subparagraph (A) not less 
     frequently than once each year, on or before March 30, 2024, 
     March 30, 2025, and March 30, 2026, in a manner that ensures 
     that, by March 30, 2026, the cap is low enough to prevent the 
     Russian Federation from making a profit on exports of 
     seaborne petroleum and petroleum products.
       (2) Suspension of price cap reduction.--For any year for 
     which the President is required under subparagraph (B) of 
     paragraph (1) to reduce the cap established under 
     subparagraph (A) of that paragraph, the President may suspend 
     the requirement to reduce the cap if--
       (A) the President--
       (i) determines that the suspension is necessary to prevent 
     an unacceptable increase in the global price of petroleum; 
     and
       (ii) not less than 30 days before the suspension is to take 
     effect, submits to the appropriate congressional committees a 
     report on the suspension that includes an explanation of the 
     basis for the suspension; and
       (B) a joint resolution of disapproval is not enacted into 
     law under subsection (d) during the 30-day period referred to 
     in subparagraph (A)(ii).
       (3) Imposition of sanctions to enforce price cap.--The 
     President shall impose one of the sanctions described in 
     subsection (b) with respect to any foreign person that, on or 
     after March 30, 2023, knowingly imports, brokers, insures, 
     reinsures, or finances the sale of seaborne petroleum or 
     petroleum products exported from the Russian Federation at a 
     price that is higher than the price cap in effect under 
     paragraph (1).
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a foreign person under subsection (a) are the 
     following:
       (1) Property blocking.--The exercise of all powers granted 
     to the President by the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary 
     to block and prohibit all transactions in property and 
     interests in property of the foreign person if such property 
     and interests in property are in the United States, come 
     within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Prohibition on correspondent and payable-through 
     accounts.--A prohibition on the opening or maintaining in the 
     United States of a correspondent account or a payable-through 
     account by the foreign person.
       (c) National Interest Waiver.--The President may waive the 
     imposition of sanctions under this section with respect to a 
     foreign person if--
       (1) the President--
       (A) determines the waiver in the national interests of the 
     United States; and
       (B) not less than 30 days before the waiver is to take 
     effect, submits to the appropriate congressional committees a 
     report on the waiver that includes an explanation of the 
     basis for the waiver; and
       (2) a joint resolution of disapproval is not enacted into 
     law under subsection (d) during the 30-day period referred to 
     in paragraph (1)(B).
       (d) Joint Resolutions of Disapproval.--
       (1) Definition.--In this subsection, the term ``joint 
     resolution of disapproval'' means--
       (A) in the case of a joint resolution of disapproval 
     referred to in subsection (a)(2)(B), a joint resolution of 
     either House of Congress the sole matter after the resolving 
     clause of which is the following: ``Congress disapproves of 
     the suspension of the requirement to reduce the price cap 
     established under subsection (a) of section 1239 of the James 
     M. Inhofe National Defense Authorization Act for Fiscal Year 
     2023 proposed by the President in the report submitted to 
     Congress under paragraph (2)(A)(ii) of that subsection on 
     ___.'', with the blank space being filled with the 
     appropriate date; and
       (B) in the case of a joint resolution of disapproval 
     referred to in subsection (c)(2), a joint resolution of 
     either House of Congress the sole matter after the resolving 
     clause of which is the following: ``Congress disapproves of 
     the waiver of the imposition of sanctions under subsection 
     (c) of section 1239 of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 proposed by the 
     President in the report submitted to Congress under paragraph 
     (1)(B) of that subsection on ___ relating to ___'', with the

[[Page S5720]]

     first blank space being filled with the appropriate date and 
     the second blank space being filled with the name of the 
     person to which the waiver would apply; and
       (2) Introduction.--During the 30-day period referred to in 
     subsection (a)(2)(B) or (c)(2), as the case may be, a joint 
     resolution of disapproval may be introduced--
       (A) in the House of Representatives, by the majority leader 
     or the minority leader; and
       (B) in the Senate, by the majority leader (or the majority 
     leader's designee) or the minority leader (or the minority 
     leader's designee).
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a joint 
     resolution of disapproval has been referred has not reported 
     the joint resolution within 10 calendar days after the date 
     of referral, that committee shall be discharged from further 
     consideration of the joint resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--A joint resolution of disapproval 
     introduced in the Senate shall be referred to the Committee 
     on Banking, Housing, and Urban Affairs.
       (B) Reporting and discharge.--If the Committee on Banking, 
     Housing, and Urban Affairs has not reported the joint 
     resolution within 10 calendar days after the date of referral 
     of the joint resolution, that committee shall be discharged 
     from further consideration of the joint resolution and the 
     joint resolution shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee on Banking, Housing, and Urban 
     Affairs reports a joint resolution of disapproval to the 
     Senate or has been discharged from consideration of such a 
     joint resolution (even though a previous motion to the same 
     effect has been disagreed to) to move 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 
     not debatable. The motion is not subject to a motion to 
     postpone. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution of disapproval shall be 
     decided without debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     disapproval, including all debatable motions and appeals in 
     connection with the joint resolution, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a joint resolution of disapproval received from the 
     Senate (unless the House has already passed a joint 
     resolution relating to the same proposed action):
       (i) The joint resolution shall be referred to the 
     appropriate committees.
       (ii) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 2 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. 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.
       (iv) The joint resolution shall be considered as read. All 
     points of order against the joint resolution and against its 
     consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 2 hours of debate 
     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.
       (B) Treatment of house joint resolution in senate.--
       (i) Receipt before passage.--If, before the passage by the 
     Senate of a joint resolution of disapproval, the Senate 
     receives an identical joint resolution from the House of 
     Representatives, the following procedures shall apply:

       (I) That joint resolution shall not be referred to a 
     committee.
       (II) With respect to that joint resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     joint resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       (ii) Receipt after passage.--If, following passage of a 
     joint resolution of disapproval in the Senate, the Senate 
     receives an identical joint resolution from the House of 
     Representatives, that joint resolution shall be placed on the 
     appropriate Senate calendar.
       (iii) No companion measure.--If a joint resolution of 
     disapproval is received from the House, and no companion 
     joint resolution has been introduced in the Senate, the 
     Senate procedures under this subsection shall apply to the 
     House joint resolution.
       (C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a joint resolution of disapproval that is 
     a revenue measure.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) 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
       (B) 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.
       (e) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (f) Exceptions.--
       (1) Exception for intelligence and law enforcement 
     activities.--This section shall not apply with respect to 
     activities 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 or law enforcement 
     activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (g) Termination.--This section and the requirements to 
     impose sanctions under this section shall terminate on the 
     earlier of--
       (1) the date that is 7 years after the date of the 
     enactment of this Act; or
       (2) the date on which the President submits to the 
     appropriate congressional committees a certification that--
       (A) the Government of Ukraine has reached a diplomatic 
     agreement with the Government of the Russian Federation that 
     is supported by the United States to provide for the 
     cessation of hostilities in Ukraine; and
       (B) it is in the national security interests of the United 
     States to terminate the requirements to impose sanctions 
     under this Act.
       (h) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (3) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (4) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person had 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.
                                 ______
                                 
  SA 6197. 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

[[Page S5721]]

fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel 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. RECAPTURING UNUSED IMMIGRANT VISAS FOR 
                   PROFESSIONAL NURSES AND PHYSICIANS.

       (a) Short Title.--This section may be cited as the 
     ``Healthcare Workforce Resilience Act''.
       (b) In General.--Section 106(d) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note) is amended to read 
     as follows:
       ``(d) Recapture of Unused Employment-Based Immigrant 
     Visas.--
       ``(1) In general.--Subject to paragraph (2), and 
     notwithstanding any other provision of law, the number of 
     employment-based visas made available under section 203(b) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall 
     be increased by the number calculated in paragraph (3).
       ``(2) Limitations.--
       ``(A) In general.--Visas may only be made available under 
     this subsection for up to 40,000 employment-based immigrants 
     (and their family members accompanying or following to join 
     under section 203(d) of such Act (8 U.S.C. 1153(d))) whose 
     immigrant worker petitions were filed before the date that is 
     90 days after the termination of the President's declaration 
     of a national emergency under sections 201 and 301 of the 
     National Emergencies Act (50 U.S.C. 1601 et seq.) pertaining 
     to the COVID-19 outbreak in the United States (referred to in 
     this subsection as the `COVID-19 emergency declaration').
       ``(B) Reservations.--Of the visas authorized under 
     subparagraph (A)--
       ``(i) 25,000 shall be reserved for professional nurses; and
       ``(ii) 15,000 shall be reserved for physicians.
       ``(C) Exemption from country caps.--Visas made available 
     under this subsection--
       ``(i) shall not be subject to the per country numerical 
     limitation set forth in section 202(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1152(a)(2)); and
       ``(ii) shall be issued in order of the priority date 
     assigned at the time the visa petition was filed.
       ``(3) Number available.--
       ``(A) Unused visas.--Subject to subparagraph (B), the 
     number calculated in this paragraph is the difference 
     between--
       ``(i) the total number of employment-based visas that were 
     made available in fiscal years 1992 through 2020; and
       ``(ii) the total number of such visas that were used in 
     such fiscal years.
       ``(B) Reduction and limitation.--The number described in 
     subparagraph (A) shall be reduced, for each fiscal year 
     following the first fiscal year in which the COVID-19 
     emergency declaration is in effect, by the cumulative number 
     of immigrant visas used pursuant to paragraph (1).
       ``(C) Family members.--
       ``(i) In general.--Family members described in section 
     203(d) of the Immigration and Nationality Act (8 U.S.C. 
     1153(d)) who are accompanying or following to join a 
     principal beneficiary seeking admission under this subsection 
     shall be entitled to an unreserved visa in the same status 
     and in the same order of consideration as such principal 
     beneficiary.
       ``(ii) Exempt from skill-based numerical limitation.--Visas 
     described in clause (i)--

       ``(I) shall be made available from the pool of recaptured 
     unused immigrant visas calculated under subparagraph (A); and
       ``(II) shall not be counted against the total number of 
     immigrant visas reserved for professional nurses and 
     physicians under paragraph (2).

       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       ``(4) Premium processing; expedited processing.--
       ``(A) Premium processing.--The Secretary of Homeland 
     Security, in conjunction with the Secretary of State, shall 
     provide premium processing procedures, as provided for under 
     section 286(u) of the Immigration and Nationality Act (8 
     U.S.C. 1356(u)), for reviewing and acting upon petitions and 
     applications for immigrants described in paragraph (2). 
     Notwithstanding such section, U.S. Citizenship and 
     Immigration Services may not charge a premium fee for such 
     services.
       ``(B) Shipping petitions.--The Director of U.S. Citizenship 
     and Immigration Services shall expedite the shipping of each 
     petition described in subparagraph (A) requiring consular 
     processing to the Department of State immediately after--
       ``(i) the completed petition has been resolved; and
       ``(ii) the petitioner has replied to any request from U.S. 
     Citizenship and Immigration Services for additional evidence.
       ``(C) Expedited processing.--The Secretary of State shall 
     expedite the processing of applications for immigrants 
     described in paragraph (2) after receiving a petition on 
     behalf of such immigrants from U.S. Citizenship and 
     Immigration Services.
       ``(5) Labor attestation.--Before an immigrant visa reserved 
     under paragraph (2)(B)(i) is issued to an alien, the 
     petitioner shall attest, in the job offer letter presented by 
     the alien to a consular officer during the consular 
     interview, that the hiring of the alien has not displaced and 
     will not displace a United States worker.''.
                                 ______
                                 
  SA 6198. Mr. MANCHIN (for himself, Mr. Barrasso, 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 in division C, insert the 
     following:

     SEC. 3___. U.S. NUCLEAR FUELS SECURITY INITIATIVE TO REDUCE 
                   RELIANCE ON NUCLEAR FUELS FROM RUSSIA AND 
                   CHINA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States and the allies of the United States 
     need to eliminate reliance on the Russian Federation for 
     energy fuels, including all forms of uranium;
       (2) the Department should--
       (A) prioritize activities to increase domestic production 
     of low-enriched uranium; and
       (B) accelerate efforts to establish a domestic high-assay, 
     low-enriched uranium enrichment capability; and
       (3) if domestic enrichment of high-assay, low-enriched 
     uranium will not be commercially available at the scale 
     needed in time to meet the needs of the advanced nuclear 
     reactor demonstration projects of the Department, the 
     Secretary shall consider and implement, as necessary--
       (A) all viable options to make high-assay, low-enriched 
     uranium produced from inventories owned by the Department 
     available in a manner that is sufficient to maximize the 
     potential for the Department to meet the needs and schedules 
     of advanced nuclear reactor developers, without impacting 
     existing Department missions, until such time that commercial 
     enrichment and deconversion capability for high-assay, low-
     enriched uranium exists at a scale sufficient to meet future 
     needs; and
       (B) all viable options for partnering with ally or partner 
     nations to meet those needs and schedules until that time.
       (b) Objectives.--The objectives of this section are--
       (1) to expeditiously increase domestic production of low-
     enriched uranium to prevent the reliance of the United States 
     and, to the maximum extent practicable, ally or partner 
     nations on nuclear fuels from--
       (A) the Russian Federation;
       (B) the People's Republic of China; and
       (C) other countries determined by the Secretary to be 
     insecure supply sources with respect to low-enriched uranium;
       (2) to expeditiously increase domestic production of high-
     assay, low-enriched uranium by an annual quantity, and in 
     such form, determined by the Secretary to be sufficient to 
     meet the needs of--
       (A) advanced nuclear reactor developers; and
       (B) the consortium;
       (3) to ensure the availability of domestically produced, 
     converted, and enriched uranium in a quantity determined by 
     the Secretary, in consultation with U.S. nuclear energy 
     companies, to be sufficient to address a reasonably 
     anticipated supply disruption;
       (4) to address gaps and deficiencies in the domestic 
     production, conversion, enrichment, deconversion, and 
     reduction of uranium by partnering with ally or partner 
     nations if domestic options are not practicable;
       (5) to ensure that, in the event of a supply disruption in 
     the nuclear fuel market, a reserve of nuclear fuels is 
     available to serve as a backup supply to support the nuclear 
     nonproliferation and civil nuclear energy objectives of the 
     Department;
       (6) to support enrichment, deconversion, and reduction 
     technology deployed in the United States; and
       (7) to ensure that, until such time that domestic 
     enrichment and deconversion of high-assay, low-enriched 
     uranium is commercially available at the scale needed to meet 
     the needs of advanced nuclear reactor developers, the 
     Secretary considers and implements, as necessary--
       (A) all viable options to make high-assay, low-enriched 
     uranium produced from inventories owned by the Department 
     available in a manner that is sufficient to maximize the 
     potential for the Department to meet the needs and schedules 
     of advanced nuclear reactor developers; and
       (B) all viable options for partnering with ally or partner 
     nations to meet those needs and schedules.
       (c) Definitions.--In this section:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       (2) Ally or partner nation.--The term ``ally or partner 
     nation'' means--

[[Page S5722]]

       (A) the Government of any country that is a member of the 
     Organisation for Economic Co-operation and Development;
       (B) the Government of the Republic of India; and
       (C) the Government of any country designated as an ally or 
     partner nation by the Secretary for purposes of this section.
       (3) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or dominated by--
       (i) an ally or partner nation; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country described in any of 
     subparagraphs (A) through (C) of paragraph (2), including a 
     corporation that is incorporated in a country described in 
     any of those subparagraphs.
       (4) Associated individual.--The term ``associated 
     individual'' means an alien who is a national of a country 
     described in any of subparagraphs (A) through (C) of 
     paragraph (2).
       (5) Consortium.--The term ``consortium'' means the 
     consortium established under section 2001(a)(2)(F) of the 
     Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
       (6) Department.--The term ``Department'' means the 
     Department of Energy.
       (7) High-assay, low-enriched uranium; haleu.--The term 
     ``high-assay, low-enriched uranium'' or ``HALEU'' means high-
     assay low-enriched uranium (as defined in section 2001(d) of 
     the Energy Act of 2020 (42 U.S.C. 16281(d))).
       (8) Low-enriched uranium; leu.--The term ``low-enriched 
     uranium'' or ``LEU'' means each of--
       (A) low-enriched uranium (as defined in section 3102 of the 
     USEC Privatization Act (42 U.S.C. 2297h)); and
       (B) low-enriched uranium (as defined in section 3112A(a) of 
     that Act (42 U.S.C. 2297h-10a(a))).
       (9) Programs.--The term ``Programs'' means--
       (A) the Nuclear Fuel Security Program established under 
     subsection (d)(1);
       (B) the American Assured Fuel Supply Program of the 
     Department; and
       (C) the HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program established under subsection (d)(3).
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) U.S. nuclear energy company.--The term ``U.S. nuclear 
     energy company'' means a company that--
       (A) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the United States; and
       (B) is involved in the nuclear energy industry.
       (d) Establishment and Expansion of Programs.--The 
     Secretary, consistent with the objectives described in 
     subsection (b), shall--
       (1) establish a program, to be known as the ``Nuclear Fuel 
     Security Program'', to prevent the reliance of the United 
     States and, to the maximum extent practicable, ally or 
     partner nations on LEU and HALEU from the Russian Federation 
     and the People's Republic of China by increasing the quantity 
     of LEU and HALEU produced by U.S. nuclear energy companies;
       (2) expand the American Assured Fuel Supply Program of the 
     Department to ensure the availability of domestically 
     produced, converted, and enriched uranium in the event of a 
     supply disruption; and
       (3) establish a program, to be known as the ``HALEU for 
     Advanced Nuclear Reactor Demonstration Projects Program''--
       (A) to maximize the potential for the Department to meet 
     the needs and schedules of advanced nuclear reactor 
     developers until such time that commercial enrichment and 
     deconversion capability for HALEU exists in the United States 
     at a scale sufficient to meet future needs; and
       (B) where practicable, to partner with ally or partner 
     nations to meet those needs and schedules until that time.
       (e) Nuclear Fuel Security Program.--
       (1) In general.--In carrying out the Nuclear Fuel Security 
     Program, the Secretary shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, enter into 2 or more contracts to begin acquiring 
     not less than 100 metric tons per year of LEU by December 31, 
     2026 (or the earliest operationally feasible date 
     thereafter), to ensure diverse domestic uranium mining, 
     conversion, enrichment, deconversion, and reduction capacity 
     and technologies, including new capacity, among U.S. nuclear 
     energy companies;
       (B) not later than 180 days after the date of enactment of 
     this Act, enter into 2 or more contracts with members of the 
     consortium to begin acquiring not less than 20 metric tons 
     per year of HALEU by December 31, 2027 (or the earliest 
     operationally feasible date thereafter), from U.S. nuclear 
     energy companies;
       (C) utilize only uranium produced, converted, and enriched 
     in--
       (i) the United States; or
       (ii) if domestic options are not practicable, a country 
     described in any of subparagraphs (A) through (C) of 
     subsection (c)(2);
       (D) to the maximum extent practicable, ensure that the use 
     of domestic uranium utilized as a result of that program does 
     not negatively affect the economic operation of nuclear 
     reactors in the United States; and
       (E) take other actions that the Secretary determines to be 
     necessary or appropriate to prevent the reliance of the 
     United States and ally or partner nations on nuclear fuels 
     from the Russian Federation and the People's Republic of 
     China.
       (2) Considerations.--In carrying out paragraph (1)(B), the 
     Secretary shall consider and, if appropriate, implement--
       (A) options to ensure the quickest availability of 
     commercially enriched HALEU, including--
       (i) partnerships between 2 or more commercial enrichers; 
     and
       (ii) utilization of up to 10-percent enriched uranium as 
     feedstock in demonstration-scale or commercial HALEU 
     enrichment facilities;
       (B) options to partner with ally or partner nations to 
     provide LEU and HALEU for commercial purposes;
       (C) options that provide for an array of HALEU--
       (i) enrichment levels;
       (ii) output levels to meet demand; and
       (iii) fuel forms, including uranium metal and oxide; and
       (D) options--
       (i) to replenish, as necessary, Department stockpiles of 
     uranium that was intended to be downblended for other 
     purposes, but was instead used in carrying out activities 
     under the HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program;
       (ii) to continue supplying HALEU to meet the needs of the 
     recipients of an award made pursuant to the funding 
     opportunity announcement of the Department numbered DE-FOA-
     0002271 for Pathway 1, Advanced Reactor Demonstrations; and
       (iii) to make HALEU available to other advanced nuclear 
     reactor developers and other end-users.
       (3) Avoidance of market disruptions.--In carrying out the 
     Nuclear Fuel Security Program, the Secretary, to the extent 
     practicable and consistent with the purposes of that program, 
     shall not disrupt or replace market mechanisms by competing 
     with U.S. nuclear energy companies.
       (f) Expansion of the American Assured Fuel Supply 
     Program.--The Secretary, in consultation with U.S. nuclear 
     energy companies, shall--
       (1) expand the American Assured Fuel Supply Program of the 
     Department by merging the operations of the Uranium Reserve 
     Program of the Department with the American Assured Fuel 
     Supply Program; and
       (2) in carrying out the American Assured Fuel Supply 
     Program of the Department, as expanded under paragraph (1)--
       (A) maintain, replenish, diversify, or increase the 
     quantity of uranium made available by that program in a 
     manner determined by the Secretary to be consistent with the 
     purposes of that program and the objectives described in 
     subsection (b);
       (B) utilize only uranium produced, converted, and enriched 
     in--
       (i) the United States; or
       (ii) if domestic options are not practicable, a country 
     described in any of subparagraphs (A) through (C) of 
     subsection (c)(2);
       (C) make uranium available from the American Assured Fuel 
     Supply, subject to terms and conditions determined by the 
     Secretary to be reasonable and appropriate;
       (D) refill and expand the supply of uranium in the American 
     Assured Fuel Supply, including by maintaining a limited 
     reserve of uranium to address a potential event in which a 
     domestic or foreign recipient of uranium experiences a supply 
     disruption for which uranium cannot be obtained through 
     normal market mechanisms or under normal market conditions; 
     and
       (E) take other actions that the Secretary determines to be 
     necessary or appropriate to address the purposes of that 
     program and the objectives described in subsection (b).
       (g) HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program.--
       (1) Activities.--On enactment of this Act, the Secretary 
     shall immediately accelerate and, as necessary, initiate 
     activities to make available from inventories or stockpiles 
     owned by the Department and made available to the consortium, 
     HALEU for use in advanced nuclear reactors that cannot 
     operate on uranium with lower enrichment levels or on 
     alternate fuels, with priority given to the awards made 
     pursuant to the funding opportunity announcement of the 
     Department numbered DE-FOA-0002271 for Pathway 1, Advanced 
     Reactor Demonstrations, with additional HALEU to be made 
     available to other advanced nuclear reactor developers, as 
     the Secretary determines to be appropriate.
       (2) Quantity.--In carrying out activities under this 
     subsection, the Secretary shall consider and implement, as 
     necessary, all viable options to make HALEU available in 
     quantities sufficient to maximize the potential for the 
     Department to meet the needs and schedules of advanced 
     nuclear reactor developers, including by seeking to make 
     available--
       (A) by September 30, 2024, not less than 3 metric tons of 
     HALEU;
       (B) by December 31, 2025, not less than an additional 8 
     metric tons of HALEU; and
       (C) by June 30, 2026, not less than an additional 10 metric 
     tons of HALEU.
       (3) Factors for consideration.--In carrying out activities 
     under this subsection, the Secretary shall take into 
     consideration--
       (A) options for providing HALEU from a stockpile of uranium 
     owned by the Department (including the National Nuclear 
     Security Administration), including--
       (i) uranium that has been declared excess to national 
     security needs;
       (ii) uranium that--

       (I) directly meets the needs of advanced nuclear reactor 
     developers; but

[[Page S5723]]

       (II) has been previously used or fabricated for another 
     purpose;

       (iii) uranium that can meet the needs of advanced nuclear 
     reactor developers after removing radioactive or other 
     contaminants that resulted from previous use or fabrication 
     of the fuel for research, development, demonstration, or 
     deployment activities of the Department, including activities 
     that reduce the environmental liability of the Department by 
     accelerating the processing of uranium from stockpiles 
     designated as waste;
       (iv) uranium from a high-enriched uranium stockpile, which 
     can be blended with lower assay uranium to become HALEU to 
     meet the needs of advanced nuclear reactor developers; and
       (v) uranium from stockpiles intended for other purposes, 
     but for which uranium could be swapped or replaced in time in 
     such a manner that would not negatively impact the missions 
     of the Department;
       (B) options for expanding, or establishing new, 
     capabilities or infrastructure to support the processing of 
     uranium from Department inventories, including options that 
     may be mutually beneficial to the Department and to U.S. 
     nuclear energy companies;
       (C) options for accelerating the availability of HALEU from 
     HALEU enrichment demonstration projects of the Department;
       (D) options for providing HALEU from domestically enriched 
     HALEU procured by the Department through a competitive 
     process pursuant to the Nuclear Fuel Security Program 
     established under subsection (d)(1);
       (E) options to replenish, as needed, Department stockpiles 
     of uranium made available pursuant to subparagraph (A) with 
     domestically enriched HALEU procured by the Department 
     through a competitive process pursuant to the Nuclear Fuel 
     Security Program established under subsection (d)(1); and
       (F) options that combine 1 or more of the approaches 
     described in subparagraphs (A) through (E) to meet the 
     deadlines described in paragraph (2).
       (4) Limitation.--The Secretary shall not barter or 
     otherwise sell or transfer uranium in any form in exchange 
     for services relating to--
       (A) the final disposition of radioactive waste from uranium 
     that is the subject of a contract for sale, resale, transfer, 
     or lease under this subsection; or
       (B) environmental cleanup activities.
       (5) Sunset.--The authority of the Secretary to carry out 
     activities under this subsection shall terminate on the date 
     on which the Secretary notifies Congress that the HALEU needs 
     of advanced nuclear reactor developers can be fully met by 
     commercial HALEU suppliers in the United States, as 
     determined by the Secretary, in consultation with U.S. 
     nuclear energy companies.
       (h) Authority.--In carrying out the Programs, the 
     Secretary, in coordination with the Secretary of State (where 
     applicable)--
       (1) may--
       (A) in addition to exercising the authority granted to the 
     Secretary under any other provision of law, enter into 
     transactions (other than contracts, cooperative agreements, 
     financial assistance agreements, or the provision of any 
     other financial assistance) with an ally or partner nation, a 
     U.S. nuclear energy company, or any other domestic or foreign 
     entity for any activity to carry out the Programs, including 
     the acquisition or provision of uranium, conversion services, 
     enrichment services, LEU, HALEU, and related goods and 
     services;
       (B) notwithstanding section 161 u. of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2201(u)), enter into contracts and other 
     arrangements of such duration as the Secretary determines to 
     be necessary;
       (C) make acquisitions for the Programs through the use of 
     competitive selection processes that the Secretary determines 
     to be appropriate to achieve the objectives described in 
     subsection (b) in an expeditious manner;
       (D)(i) establish milestones for achieving specified 
     objectives, including the production of LEU and HALEU in 
     quantities and timeframes described in this section; and
       (ii) provide awards and other forms of incentives for 
     meeting those milestones; and
       (E) provide loan guarantees, other financial assistance, or 
     assistance in the form of revenue guarantees or similar 
     mechanisms; and
       (2) shall ensure that amounts charged to the Secretary for 
     the acquisition or provision of uranium, conversion services, 
     enrichment services, LEU, HALEU, and other goods and services 
     under the Programs provide, in the opinion of the Secretary, 
     in consultation with U.S. nuclear energy companies, 
     reasonable compensation, taking into account--
       (A) the fair market value of the good or service acquired 
     or provided;
       (B) the cost recovery requirements of the consortium; and
       (C) the objectives described in subsection (b).
       (i) Domestic Sourcing Considerations.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may only carry out an activity in connection with 1 
     or more of the Programs if--
       (A) the activity promotes manufacturing in the United 
     States associated with uranium supply chains; or
       (B) the activity relies on resources, materials, or 
     equipment developed or produced--
       (i) in the United States; or
       (ii) in a country described in any of subparagraphs (A) 
     through (C) of subsection (c)(2) by--

       (I) an ally or partner nation;
       (II) an associated entity; or
       (III) a U.S. nuclear energy company.

       (2) Waiver.--The Secretary may waive the requirements of 
     paragraph (1) with respect to an activity if the Secretary 
     determines a waiver to be necessary to achieve 1 or more of 
     the objectives described in subsection (b).
       (j) Reasonable Compensation.--
       (1) In general.--In carrying out activities under this 
     section, the Secretary shall ensure that any LEU and HALEU 
     made available by the Secretary under 1 or more of the 
     Programs is subject to reasonable compensation, taking into 
     account the fair market value of the LEU or HALEU and the 
     purposes of this section.
       (2) Availability of certain funds.--Notwithstanding section 
     3302 of title 31, United States Code, revenues received from 
     the sale or transfer of fuel feed material and other 
     activities related to making LEU and HALEU available pursuant 
     to this section--
       (A) shall be available to the Department for carrying out 
     the purposes of this section, to reduce the need for further 
     appropriations for those purposes; and
       (B) shall remain available until expended.
       (k) Exclusions.--The Secretary may not carry out an 
     activity in connection with the Programs with an entity that 
     is--
       (1) owned or controlled by the Government of the Russian 
     Federation or the Government of the People's Republic of 
     China; or
       (2) organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation or the People's 
     Republic of China.
       (l) Nuclear Regulatory Commission.--The Nuclear Regulatory 
     Commission shall prioritize and expedite consideration of any 
     action related to the Programs to the extent permitted under 
     the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and 
     related statutes.
       (m) USEC Privatization Act.--
       (1) In general.--The requirements of section 3112 of the 
     USEC Privatization Act (42 U.S.C. 2297h-10) shall not apply 
     to activities related to the Programs.
       (2) Amendment.--Section 3112A(c)(2)(A) of the USEC 
     Privatization Act (42 U.S.C. 2297h-10a(c)(2)(A)) is amended--
       (A) in clause (xii), by inserting ``and'' after the 
     semicolon at the end;
       (B) by striking clauses (xiii) through (xxvii); and
       (C) by adding at the end the following:
       ``(xiii) in calendar year 2026 and each calendar year 
     thereafter, 0 kilograms.''.
       (n) Prohibition on Importation of Uranium From the Russian 
     Federation and the People's Republic of China.--
       (1) In general.--Notwithstanding section 3112A of the USEC 
     Privatization Act (42 U.S.C. 2297h-10a) or any other 
     provision of law, the importation of articles of the Russian 
     Federation or the People's Republic of China classifiable 
     under subheading 2612.10, 2844.10, 2844.20, 2844.30.20, or 
     2844.30.50 of the Harmonized Tariff Schedule of the United 
     States is prohibited.
       (2) Waiver of prohibition.--
       (A) In general.--The Secretary may waive the prohibition 
     under paragraph (1) with respect to an article if the 
     Secretary, in consultation with the Secretary of State and 
     the Secretary of Commerce, determines that--
       (i) no viable source of alternative supply of the article 
     is available to sustain continued operation of a nuclear 
     reactor in the United States; or
       (ii) importation of the article from a country other than 
     the Russian Federation or the People's Republic of China is 
     in the interest of national security.
       (B) Notification to congress.--Not later than 60 days 
     before issuing a waiver under subparagraph (A), the Secretary 
     shall notify the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives of the intent to issue the waiver, 
     including a justification for the waiver.
       (C) Expiration of waiver authority.--The authority provided 
     to the Secretary under subparagraph (A) expires on December 
     31, 2025.
       (3) Effective date.--Paragraph (1) applies with respect to 
     articles entered, or withdrawn from warehouse for 
     consumption, on or after the date that is 45 days after the 
     date of enactment of this Act.
       (o) Authorization of Appropriations.--In addition to 
     amounts otherwise available, there are authorized to be 
     appropriated to the Secretary--
       (1) for the Nuclear Fuel Security Program, $3,500,000,000 
     for fiscal year 2023, to remain available until September 30, 
     2031, of which the Secretary may use $1,000,000,000 by 
     September 30, 2028, to carry out the HALEU for Advanced 
     Nuclear Reactor Demonstration Projects Program; and
       (2) for the American Assured Fuel Supply Program of the 
     Department, as expanded under this section, such sums as are 
     necessary for the period of fiscal years 2023 through 2030, 
     to remain available until September 30, 2031.

     SEC. 3___. ISOTOPE DEMONSTRATION AND ADVANCED NUCLEAR 
                   RESEARCH INFRASTRUCTURE ENHANCEMENT.

       (a) Evaluation and Establishment of Isotope Demonstration 
     Program.--Section 952(a)(2)(A) of the Energy Policy Act of 
     2005 (42 U.S.C. 16272(a)(2)(A)) is amended by striking 
     ``shall evaluate the technical and economic feasibility of 
     the establishment of'' and inserting ``shall evaluate the 
     technical

[[Page S5724]]

     and economic feasibility of, and, if feasible, is authorized 
     to establish,''.
       (b) Advanced Nuclear Research Infrastructure Enhancement.--
     Section 954(a)(5) of the Energy Policy Act of 2005 (42 U.S.C. 
     16274(a)(5)) is amended--
       (1) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (2) by inserting after subparagraph (D) the following:
       ``(E) Fuel services.--The Secretary shall expand the 
     Research Reactor Infrastructure subprogram of the 
     Radiological Facilities Management program of the Department 
     carried out under paragraph (6) to provide fuel services to 
     research reactors established under this paragraph.''.

     SEC. 3___. REPORT ON CIVIL NUCLEAR CREDIT PROGRAM.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Energy shall submit to the appropriate 
     committees of Congress a report that identifies the 
     anticipated funding requirements for the civil nuclear credit 
     program described in section 40323 of the Infrastructure 
     Investment and Jobs Act (42 U.S.C. 18753), taking into 
     account--
       (1) the zero-emission nuclear power production credit 
     authorized by section 45U of the Internal Revenue Code of 
     1986; and
       (2) any increased fuel costs associated with the use of 
     domestic fuel that may arise from the implementation of that 
     program.
                                 ______
                                 
  SA 6199. Mr. MANCHIN (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:

        After title XXXII of division C, insert the following:

   TITLE XXXIII--INTERNATIONAL CIVIL NUCLEAR COOPERATION AND EXPORTS

     SEC. 3301. DEFINITIONS.

       In this title:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       (2) Ally or partner nation.--The term ``ally or partner 
     nation'' means--
       (A) the Government of any country that is a member of the 
     Organisation for Economic Co-operation and Development;
       (B) the Government of the Republic of India; and
       (C) the Government of any country designated as an ally or 
     partner nation by the Secretary of State for purposes of this 
     title.
       (3) Assistant.--The term ``Assistant'' means the Assistant 
     to the President and Director for International Nuclear 
     Energy Policy described in section 3302(a)(1)(D).
       (4) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or operated by--
       (i) an ally or partner nation; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country described in paragraph (2), 
     including a corporation that is incorporated in a country 
     described in that paragraph.
       (5) Associated individual.--The term ``associated 
     individual'' means a foreign national who is a national of a 
     country described in paragraph (2).
       (6) Civil nuclear.--The term ``civil nuclear'' means 
     activities relating to--
       (A) nuclear plant construction;
       (B) nuclear fuel services;
       (C) nuclear energy financing;
       (D) nuclear plant operations;
       (E) nuclear plant regulation;
       (F) nuclear medicine;
       (G) nuclear safety;
       (H) community engagement in areas in reasonable proximity 
     to nuclear sites;
       (I) infrastructure support for nuclear energy;
       (J) nuclear plant decommissioning;
       (K) nuclear liability;
       (L) safe storage and safe disposal of spent nuclear fuel;
       (M) environmental safeguards;
       (N) nuclear nonproliferation and security; and
       (O) technology related to the matters described in 
     subparagraphs (A) through (N).
       (7) Embarking civil nuclear energy nation.--
       (A) In general.--The term ``embarking civil nuclear energy 
     nation'' means a country that--
       (i) does not have a civil nuclear program;
       (ii) is in the process of developing or expanding a civil 
     nuclear program, including safeguards and a legal and 
     regulatory framework, for--

       (I) nuclear safety;
       (II) nuclear security;
       (III) radioactive waste management;
       (IV) civil nuclear energy;
       (V) environmental safeguards;
       (VI) community engagement in areas in reasonable proximity 
     to nuclear sites;
       (VII) nuclear liability; or
       (VIII) advanced nuclear reactor licensing;

       (iii) is in the process of selecting, developing, 
     constructing, or utilizing advanced light water reactors, 
     advanced nuclear reactors, or advanced civil nuclear 
     technologies; or
       (iv) is eligible to receive development lending from the 
     World Bank.
       (B) Exclusions.--The term ``embarking civil nuclear energy 
     nation'' does not include--
       (i) the People's Republic of China;
       (ii) the Russian Federation;
       (iii) the Republic of Belarus;
       (iv) the Islamic Republic of Iran;
       (v) the Democratic People's Republic of Korea;
       (vi) the Republic of Cuba;
       (vii) the Bolivarian Republic of Venezuela;
       (viii) the Syrian Arab Republic; or
       (ix) any other country--

       (I) the property or interests in property of the government 
     of which are blocked pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.); or
       (II) the government of which the Secretary of State has 
     determined has repeatedly provided support for acts of 
     international terrorism for purposes of--

       (aa) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (bb) section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d));
       (cc) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
       (dd) any other relevant provision of law.
       (8) Nuclear safety.--The term ``nuclear safety'' means 
     issues relating to the design, construction, operation, or 
     decommissioning of nuclear facilities in a manner that 
     ensures adequate protection of workers, the public, and the 
     environment, including--
       (A) the safe operation of nuclear reactors and other 
     nuclear facilities;
       (B) radiological protection of--
       (i) members of the public;
       (ii) workers; and
       (iii) the environment;
       (C) nuclear waste management;
       (D) emergency preparedness;
       (E) nuclear liability; and
       (F) the safe transportation of nuclear materials.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (10) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (11) U.S. nuclear energy company.--The term ``U.S. nuclear 
     energy company'' means a company that--
       (A) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the United States; and
       (B) is involved in the nuclear energy industry.

     SEC. 3302. CIVIL NUCLEAR COORDINATION AND STRATEGY.

       (a) White House Focal Point on Coordination.--
       (1) Sense of congress.--Given the critical importance of 
     developing and implementing, with input from various agencies 
     throughout the executive branch, a cohesive policy with 
     respect to international efforts related to civil nuclear 
     energy, it is the sense of Congress that--
       (A) there should be a focal point within the White House, 
     which may, if determined to be appropriate, report to the 
     National Security Council, for coordination on issues 
     relating to those efforts;
       (B) to provide that focal point, the President should 
     establish, within the Executive Office of the President, an 
     office, to be known as the ``Office of the Assistant to the 
     President and Director for International Nuclear Energy 
     Policy'' (referred to in this subsection as the ``Office'');
       (C) the Office should act as a coordinating office for--
       (i) international civil nuclear cooperation; and
       (ii) civil nuclear export strategy;
       (D) the Office should be headed by an individual appointed 
     as an Assistant to the President with the title of ``Director 
     for International Nuclear Energy Policy''; and
       (E) the Office should--
       (i) coordinate civil nuclear export policies for the United 
     States;
       (ii) develop, in coordination with the officials described 
     in paragraph (2), a cohesive Federal strategy for engagement 
     with foreign governments (including ally or partner nations 
     and the governments of embarking civil nuclear energy 
     nations), associated entities, and associated individuals 
     with respect to civil nuclear exports;
       (iii) coordinate with the officials described in paragraph 
     (2) to ensure that necessary framework agreements and trade 
     controls relating to civil nuclear materials and technologies 
     are in place for key markets; and
       (iv) develop--

       (I) a whole-of-government coordinating strategy for civil 
     nuclear cooperation;
       (II) a whole-of-government strategy for civil nuclear 
     exports; and
       (III) a whole-of-government approach to support appropriate 
     foreign investment in civil nuclear energy projects supported 
     by the United States in embarking civil nuclear energy 
     nations.

       (2) Officials described.--The officials referred to in 
     paragraph (1)(E) are--
       (A) the appropriate officials of--
       (i) the Department of State;
       (ii) the Department of Energy;
       (iii) the Department of Commerce;
       (iv) the Department of Transportation;
       (v) the Nuclear Regulatory Commission;

[[Page S5725]]

       (vi) the Department of Defense;
       (vii) the National Security Council;
       (viii) the National Economic Council;
       (ix) the Office of the United States Trade Representative;
       (x) the Office of Management and Budget;
       (xi) the Office of the Director of National Intelligence;
       (xii) the Export-Import Bank of the United States;
       (xiii) the United States International Development Finance 
     Corporation;
       (xiv) the United States Agency for International 
     Development;
       (xv) the United States Trade and Development Agency;
       (xvi) the Office of Science and Technology Policy; and
       (xvii) any other Federal agency that the President 
     determines to be appropriate; and
       (B) appropriate officials representing foreign countries 
     and governments, including--
       (i) ally or partner nations;
       (ii) embarking civil nuclear energy nations; and
       (iii) any other country or government that the Assistant 
     (if appointed) and the officials described in subparagraph 
     (A) jointly determine to be appropriate.
       (b) Nuclear Exports Working Group.--
       (1) Establishment.--There is established a working group, 
     to be known as the ``Nuclear Exports Working Group'' 
     (referred to in this subsection as the ``working group'').
       (2) Composition.--The working group shall be composed of--
       (A) senior-level Federal officials, selected internally by 
     the applicable Federal agency or organization, from--
       (i) the Department of State;
       (ii) the Department of Commerce;
       (iii) the Department of Energy;
       (iv) the Department of the Treasury;
       (v) the Export-Import Bank of the United States;
       (vi) the United States International Development Finance 
     Corporation;
       (vii) the Nuclear Regulatory Commission;
       (viii) the Office of the United States Trade 
     Representative; and
       (ix) the United States Trade and Development Agency; and
       (B) other senior-level Federal officials, selected 
     internally by the applicable Federal agency or organization, 
     from any other Federal agency or organization that the 
     Secretary determines to be appropriate.
       (3) Reporting.--The working group shall report to the 
     appropriate White House official, which may be the Assistant 
     (if appointed).
       (4) Duties.--The working group shall submit to the Civil 
     Nuclear Trade Advisory Committee of the Department of 
     Commerce and the Nuclear Energy Advisory Committee of the 
     Department of Energy quarterly reports on the standing of 
     civil nuclear exports from the United States, including with 
     respect to meeting the targets established as part of the 5-
     year civil nuclear trade strategy described in paragraph 
     (5)(A).
       (5) Strategy.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall establish a 
     10-year civil nuclear trade strategy, including biennial 
     targets for the export of civil nuclear technologies, 
     including light water and non-light water reactors and 
     associated equipment and technologies, civil nuclear 
     materials, and nuclear fuel that align with meeting 
     international energy demand while seeking to avoid or reduce 
     emissions.
       (B) Collaboration required.--In establishing the strategy 
     under subparagraph (A), the working group shall collaborate 
     with--
       (i) the Secretary;
       (ii) the Secretary of Commerce;
       (iii) the Secretary of State;
       (iv) the Secretary of the Treasury;
       (v) the Nuclear Regulatory Commission;
       (vi) the President of the Export-Import Bank of the United 
     States;
       (vii) the Chief Executive Officer of the United States 
     International Development Finance Corporation;
       (viii) the United States Trade Representative; and
       (ix) representatives of private industry.

     SEC. 3303. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.

       (a) In General.--The President shall launch, in accordance 
     with applicable nuclear technology export laws (including 
     regulations), an international initiative to modernize the 
     civil nuclear outreach to embarking civil nuclear energy 
     nations.
       (b) Financing.--In carrying out the initiative described in 
     subsection (a), the President, acting through an appropriate 
     Federal official, who may be the Assistant (if appointed) or 
     the Chief Executive Officer of the International Development 
     Finance Corporation, if determined to be appropriate, and in 
     coordination with the officials described in section 
     3302(a)(2), may, if the President determines to be 
     appropriate, seek to establish cooperative financing 
     relationships for the export of civil nuclear technology, 
     components, materials, and infrastructure to embarking civil 
     nuclear energy nations.
       (c) Activities.--In carrying out the initiative described 
     in subsection (a), the President shall--
       (1) assist nongovernmental organizations and appropriate 
     offices, administrations, agencies, laboratories, and 
     programs of the Department of Energy and other relevant 
     Federal agencies and offices in providing education and 
     training to foreign governments in nuclear safety, security, 
     and safeguards--
       (A) through engagement with the International Atomic Energy 
     Agency; or
       (B) independently, if the applicable entity determines that 
     it would be more advantageous under the circumstances to 
     provide the applicable education and training independently;
       (2) assist the efforts of the International Atomic Energy 
     Agency to expand the support provided by the International 
     Atomic Energy Agency to embarking civil nuclear energy 
     nations for nuclear safety, security, and safeguards;
       (3) coordinate the work of the Chief Executive Officer of 
     the United States International Development Finance 
     Corporation to expand outreach to the private investment 
     community to create public-private financing relationships to 
     assist in the export of civil nuclear technology to embarking 
     civil nuclear energy nations;
       (4) seek to better coordinate, to the maximum extent 
     practicable, the work carried out by each of--
       (A) the Nuclear Regulatory Commission;
       (B) the Department of Energy;
       (C) the Department of Commerce;
       (D) the Nuclear Energy Agency;
       (E) the International Atomic Energy Agency; and
       (F) the nuclear regulatory agencies and organizations of 
     embarking civil nuclear energy nations and ally or partner 
     nations; and
       (5) improve the efficient and effective exporting and 
     importing of civil nuclear technologies and materials.

     SEC. 3304. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR 
                   PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR 
                   ENERGY NATIONS.

       (a) In General.--The President shall designate an 
     appropriate White House official, who may be the Assistant 
     (if appointed), and the Chief Executive Officer of the United 
     States International Development Finance Corporation to 
     coordinate with the officials described in section 3302(a)(2) 
     to develop, as the President determines to be appropriate, 
     financing relationships with ally or partner nations to 
     advance civil nuclear exports from the United States or ally 
     or partner nations to embarking civil nuclear energy nations.
       (b) United States Competitiveness Clauses.--
       (1) Definition of united states competitiveness clause.--In 
     this subsection, the term ``United States competitiveness 
     clause'' means any United States competitiveness provision in 
     any agreement entered into by the Department of Energy, 
     including--
       (A) a cooperative agreement;
       (B) a cooperative research and development agreement; and
       (C) a patent waiver.
       (2) Consideration.--In carrying out subsection (a), the 
     relevant officials described in that subsection shall 
     consider the impact of United States competitiveness clauses 
     on any financing relationships entered into or proposed to be 
     entered into under that subsection.
       (3) Waiver.--The Secretary shall facilitate waivers of 
     United States competitiveness clauses as necessary to 
     facilitate financing relationships with ally or partner 
     nations under subsection (a).

     SEC. 3305. COOPERATION WITH ALLY OR PARTNER NATIONS ON 
                   ADVANCED NUCLEAR REACTOR DEMONSTRATION AND 
                   COOPERATIVE RESEARCH FACILITIES FOR CIVIL 
                   NUCLEAR ENERGY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of State, in 
     coordination with the Secretary and the Secretary of 
     Commerce, shall conduct bilateral and multilateral meetings 
     with not fewer than 5 ally or partner nations, with the aim 
     of enhancing nuclear energy cooperation among those ally or 
     partner nations and the United States, for the purpose of 
     developing collaborative relationships with respect to 
     research, development, licensing, and deployment of advanced 
     nuclear reactor technologies for civil nuclear energy.
       (b) Requirement.--The meetings described in subsection (a) 
     shall include--
       (1) a focus on cooperation to demonstrate and deploy 
     advanced nuclear reactors, with an emphasis on U.S. nuclear 
     energy companies, during the 10-year period beginning on the 
     date of enactment of this Act to provide options for 
     addressing climate change by 2050; and
       (2) a focus on developing a memorandum of understanding or 
     any other appropriate agreement between the United States and 
     ally or partner nations with respect to--
       (A) the demonstration and deployment of advanced nuclear 
     reactors; and
       (B) the development of cooperative research facilities.
       (c) Financing Arrangements.--In conducting the meetings 
     described in subsection (a), the Secretary of State, in 
     coordination with the Secretary and the Secretary of 
     Commerce, shall seek to develop financing arrangements to 
     share the costs of the demonstration and deployment of 
     advanced nuclear reactors and the development of cooperative 
     research facilities with the ally or partner nations 
     participating in those meetings.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, the Secretary of State, 
     and the Secretary of Commerce shall jointly submit to 
     Congress a report highlighting potential partners--

[[Page S5726]]

       (1) for the establishment of cost-share arrangements 
     described in subsection (c); or
       (2) with which the United States may enter into agreements 
     with respect to--
       (A) the demonstration of advanced nuclear reactors; or
       (B) cooperative research facilities.

     SEC. 3306. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION.

       Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 
     16279b) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``The Secretary'' and inserting the following:
       ``(a) In General.--The Secretary'';
       (2) in subsection (a) (as so designated)--
       (A) in paragraph (1)--
       (i) by striking ``financing,''; and
       (ii) by striking ``and'' after the semicolon at the end;
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``preparations for''; 
     and
       (ii) in subparagraph (C)(v), by striking the period at the 
     end and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(3) to support, in consultation with the Secretary of 
     State, the safe, secure, and peaceful use of civil nuclear 
     technology in countries developing nuclear energy programs, 
     with a focus on countries that have increased civil nuclear 
     cooperation with the Russian Federation or the People's 
     Republic of China; and
       ``(4) to promote the fullest utilization of the reactors, 
     fuel, equipment, services, and technology of U.S. nuclear 
     energy companies (as defined in section 3301 of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023) in civil nuclear energy programs outside the United 
     States through--
       ``(A) bilateral and multilateral arrangements developed and 
     executed in coordination with the Secretary of State that 
     contain commitments for the utilization of the reactors, 
     fuel, equipment, services, and technology of U.S. nuclear 
     energy companies (as defined in that section);
       ``(B) the designation of 1 or more U.S. nuclear energy 
     companies (as defined in that section) to implement an 
     arrangement under subparagraph (A) if the Secretary 
     determines that the designation is necessary and appropriate 
     to achieve the objectives of this section;
       ``(C) the waiver of any provision of law relating to 
     competition with respect to any activity related to an 
     arrangement under subparagraph (A) if the Secretary, in 
     consultation with the Attorney General and the Secretary of 
     Commerce, determines that a waiver is necessary and 
     appropriate to achieve the objectives of this section; and
       ``(D) the issuance of loans, loan guarantees, other 
     financial assistance, or assistance in the form of an equity 
     interest to carry out activities related to an arrangement 
     under subparagraph (A), to the extent appropriated funds are 
     available.''; and
       (3) by adding at the end the following:
       ``(b) Requirements.--The program under subsection (a) 
     shall--
       ``(1) with respect to the function described in subsection 
     (a)(3), be modeled after the International Military Education 
     and Training program of the Department of State; and
       ``(2) be authorized and directed by the Secretary of State 
     and implemented by the Secretary--
       ``(A) to facilitate, to the maximum extent practicable, 
     workshops and expert-based exchanges to engage industry, 
     stakeholders, and foreign governments with respect to 
     international civil nuclear issues, such as--
       ``(i) training;
       ``(ii) financing;
       ``(iii) safety;
       ``(iv) security;
       ``(v) safeguards;
       ``(vi) liability;
       ``(vii) advanced fuels;
       ``(viii) operations; and
       ``(ix) options for multinational cooperation with respect 
     to the disposal of spent nuclear fuel (as defined in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); 
     and
       ``(B) in coordination with--
       ``(i) the National Security Council;
       ``(ii) the Secretary of State;
       ``(iii) the Secretary of Commerce; and
       ``(iv) the Nuclear Regulatory Commission.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out subsection 
     (a)(3) $15,500,000 for each of fiscal years 2023 through 
     2027.''.

     SEC. 3307. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State, in 
     coordination with the Secretary and the Assistant (if 
     appointed), shall launch an international initiative 
     (referred to in this section as the ``initiative'') to 
     provide financial assistance to, and facilitate the building 
     of technical capacities by, in accordance with this section, 
     embarking civil nuclear energy nations for activities 
     relating to the development of civil nuclear energy programs.
       (b) Financial Assistance.--
       (1) In general.--In carrying out the initiative, the 
     Secretary of State, in coordination with the Secretary and 
     the Assistant (if appointed), may award grants of financial 
     assistance to embarking civil nuclear energy nations in 
     accordance with this subsection--
       (A) for activities relating to the development of civil 
     nuclear energy programs; and
       (B) to facilitate the building of technical capacities for 
     those activities.
       (2) Amount.--The amount of a grant of financial assistance 
     under paragraph (1) shall be not more than $5,500,000.
       (3) Limitations.--The Secretary of State, in coordination 
     with the Secretary and the Assistant (if appointed), may 
     award--
       (A) not more than 1 grant of financial assistance under 
     paragraph (1) to any 1 embarking civil nuclear energy nation 
     each fiscal year; and
       (B) not more than a total of 5 grants of financial 
     assistance under paragraph (1) to any 1 embarking civil 
     nuclear energy nation.
       (c) Senior Advisors.--
       (1) In general.--In carrying out the initiative, the 
     Secretary of State, in coordination with the Secretary and 
     the Assistant (if appointed), may provide financial 
     assistance to an embarking civil nuclear energy nation for 
     the purpose of contracting with a U.S. nuclear energy company 
     to hire 1 or more senior advisors to assist the embarking 
     civil nuclear energy nation in establishing a civil nuclear 
     program.
       (2) Requirement.--A senior advisor described in paragraph 
     (1) shall have relevant experience and qualifications to 
     advise the embarking civil nuclear energy nation on, and 
     facilitate on behalf of the embarking civil nuclear energy 
     nation, 1 or more of the following activities:
       (A) The development of financing relationships.
       (B) The development of a standardized financing and project 
     management framework for the construction of nuclear power 
     plants.
       (C) The development of a standardized licensing framework 
     for--
       (i) light water civil nuclear technologies; and
       (ii) non-light water civil nuclear technologies and 
     advanced nuclear reactors.
       (D) The identification of qualified organizations and 
     service providers.
       (E) The identification of funds to support payment for 
     services required to develop a civil nuclear program.
       (F) Market analysis.
       (G) The identification of the safety, security, safeguards, 
     and nuclear governance required for a civil nuclear program.
       (H) Risk allocation, risk management, and nuclear 
     liability.
       (I) Technical assessments of nuclear reactors and 
     technologies.
       (J) The identification of actions necessary to participate 
     in a global nuclear liability regime based on the Convention 
     on Supplementary Compensation for Nuclear Damage, with Annex, 
     done at Vienna September 12, 1997 (TIAS 15-415).
       (K) Stakeholder engagement.
       (L) Management of spent nuclear fuel and nuclear waste.
       (M) Any other major activities to support the establishment 
     of a civil nuclear program, such as the establishment of 
     export, financing, construction, training, operations, and 
     education requirements.
       (3) Clarification.--Financial assistance under this 
     subsection may be provided to an embarking civil nuclear 
     energy nation in addition to any financial assistance 
     provided to that embarking civil nuclear energy nation under 
     subsection (b).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State to carry out the 
     initiative $50,000,000 for each of fiscal years 2023 through 
     2027.

     SEC. 3308. BIENNIAL CABINET-LEVEL INTERNATIONAL CONFERENCE ON 
                   NUCLEAR SAFETY, SECURITY, SAFEGUARDS, AND 
                   SUSTAINABILITY.

       (a) In General.--The President, in coordination with 
     international partners, as determined by the President, and 
     industry, shall hold a biennial conference on civil nuclear 
     safety, security, safeguards, and sustainability (referred to 
     in this section as a ``conference'').
       (b) Conference Functions.--It is the sense of Congress that 
     each conference should--
       (1) be a forum in which ally or partner nations may engage 
     with each other for the purpose of reinforcing the commitment 
     to--
       (A) nuclear safety, security, safeguards, and 
     sustainability;
       (B) environmental safeguards; and
       (C) local community engagement in areas in reasonable 
     proximity to nuclear sites; and
       (2) facilitate--
       (A) the development of--
       (i) joint commitments and goals to improve--

       (I) nuclear safety, security, safeguards, and 
     sustainability;
       (II) environmental safeguards; and
       (III) local community engagement in areas in reasonable 
     proximity to nuclear sites;

       (ii) stronger international institutions that support 
     nuclear safety, security, safeguards, and sustainability;
       (iii) cooperative financing relationships to promote 
     competitive alternatives to Chinese and Russian financing;
       (iv) a standardized financing and project management 
     framework for the construction of civil nuclear power plants;
       (v) a standardized licensing framework for civil nuclear 
     technologies;
       (vi) a strategy to change internal policies of 
     multinational development banks, such as the World Bank, to 
     support the financing of civil nuclear projects;
       (vii) a document containing any lessons learned from 
     countries that have partnered with the Russian Federation or 
     the People's

[[Page S5727]]

     Republic of China with respect to civil nuclear power, 
     including any detrimental outcomes resulting from that 
     partnership; and
       (viii) a global civil nuclear liability regime;
       (B) cooperation for enhancing the overall aspects of civil 
     nuclear power, such as--
       (i) nuclear safety, security, safeguards, and 
     sustainability;
       (ii) nuclear laws (including regulations);
       (iii) waste management;
       (iv) quality management systems;
       (v) technology transfer;
       (vi) human resources development;
       (vii) localization;
       (viii) reactor operations;
       (ix) nuclear liability; and
       (x) decommissioning; and
       (C) the development and determination of the mechanisms 
     described in paragraphs (7) and (8) of section 3309(a), if 
     the President intends to establish an Advanced Reactor 
     Coordination and Resource Center as described in that 
     section.
       (c) Input From Industry and Government.--It is the sense of 
     Congress that each conference should include a meeting that 
     convenes nuclear industry leaders and leaders of government 
     agencies with expertise relating to nuclear safety, security, 
     safeguards, or sustainability to discuss best practices 
     relating to--
       (1) the safe and secure use, storage, and transport of 
     nuclear and radiological materials;
       (2) managing the evolving cyber threat to nuclear and 
     radiological security; and
       (3) the role that the nuclear industry should play in 
     nuclear and radiological safety, security, and safeguards, 
     including with respect to the safe and secure use, storage, 
     and transport of nuclear and radiological materials, 
     including spent nuclear fuel and nuclear waste.

     SEC. 3309. ADVANCED REACTOR COORDINATION AND RESOURCE CENTER.

       (a) In General.--The President shall consider the 
     feasibility of establishing a center, to be known as the 
     ``Advanced Reactor Coordination and Resource Center'' 
     (referred to in this section as the ``Center''), for the 
     purposes of--
       (1) identifying qualified organizations and service 
     providers--
       (A) for embarking civil nuclear energy nations;
       (B) to develop and assemble documents, contracts, and 
     related items required to establish a civil nuclear program; 
     and
       (C) to develop a standardized model for the establishment 
     of a civil nuclear program that can be used by the 
     International Atomic Energy Agency;
       (2) coordinating with countries participating in the Center 
     and with the Nuclear Exports Working Group established under 
     section 3302(b)--
       (A) to identify funds to support payment for services 
     required to develop a civil nuclear program;
       (B) to provide market analysis; and
       (C) to create--
       (i) project structure models;
       (ii) models for electricity market analysis;
       (iii) models for nonelectric applications market analysis; 
     and
       (iv) financial models;
       (3) identifying and developing the safety, security, 
     safeguards, and nuclear governance required for a civil 
     nuclear program;
       (4) supporting multinational regulatory standards to be 
     developed by countries with civil nuclear programs and 
     experience;
       (5) developing and strengthening communications, 
     engagement, and consensus-building;
       (6) carrying out any other major activities to support 
     export, financing, education, construction, training, and 
     education requirements relating to the establishment of a 
     civil nuclear program;
       (7) developing mechanisms for how to fund and staff the 
     Center; and
       (8) determining mechanisms for the selection of the 
     location or locations of the Center.
       (b) Objective.--The President shall carry out subsection 
     (a) with the objective of establishing the Center if the 
     President determines that it is feasible to do so.

     SEC. 3310. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED 
                   STATES.

       (a) Commercial Licenses.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence--
       (1) by inserting ``for a production facility'' after ``No 
     license''; and
       (2) by striking ``any any'' and inserting ``any''.
       (b) Medical Therapy and Research Development Licenses.--
     Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2134(d)) is amended, in the second sentence, by inserting 
     ``for a production facility'' after ``No license''.

     SEC. 3311. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP.

       (a) Establishment.--There is established a working group, 
     to be known as the ``Strategic Infrastructure Fund Working 
     Group'' (referred to in this section as the ``working 
     group'').
       (b) Composition.--The working group shall be--
       (1) led by a White House official, who may be the Assistant 
     (if appointed), who shall serve as the White House focal 
     point with respect to matters relating to the working group; 
     and
       (2) composed of--
       (A) senior-level Federal officials, selected by the head of 
     the applicable Federal agency or organization, from--
       (i) the Department of State;
       (ii) the Department of the Treasury;
       (iii) the Department of Commerce;
       (iv) the Department of Energy;
       (v) the Export-Import Bank of the United States;
       (vi) the United States International Development Finance 
     Corporation; and
       (vii) the Nuclear Regulatory Commission;
       (B) other senior-level Federal officials, selected by the 
     head of the applicable Federal agency or organization, from 
     any other Federal agency or organization that the Secretary 
     determines to be appropriate; and
       (C) any senior-level Federal official selected by the White 
     House official described in paragraph (1) from any Federal 
     agency or organization.
       (c) Reporting.--The working group shall report to the 
     National Security Council.
       (d) Duties.--The working group shall--
       (1) provide direction and advice to the officials described 
     in section 3302(a)(2)(A) and appropriate Federal agencies, as 
     determined by the working group, with respect to the 
     establishment of a Strategic Infrastructure Fund (referred to 
     in this subsection as the ``Fund'') to be used--
       (A) to support those aspects of projects relating to--
       (i) civil nuclear technologies;
       (ii) rare earth elements and critical minerals (as defined 
     in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 
     1606(a))); and
       (iii) microprocessors; and
       (B) for strategic investments identified by the working 
     group; and
       (2) address critical areas in determining the appropriate 
     design for the Fund, including--
       (A) transfer of assets to the Fund;
       (B) transfer of assets from the Fund;
       (C) how assets in the Fund should be invested; and
       (D) governance and implementation of the Fund.
       (e) Report Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the working group shall submit to 
     the committees described in paragraph (2) a report on the 
     findings of the working group that includes suggested 
     legislative text for how to establish and structure a 
     Strategic Infrastructure Fund.
       (2) Committees described.--The committees referred to in 
     paragraph (1) are--
       (A) the Committee on Foreign Relations, the Committee on 
     Commerce, Science, and Transportation, the Committee on Armed 
     Services, the Committee on Energy and Natural Resources, the 
     Committee on Environment and Public Works, and the Committee 
     on Finance of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Energy and Commerce, the Committee on Armed Services, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Ways and Means of the House of Representatives.
       (3) Administration of the fund.--The report submitted under 
     paragraph (1) shall include suggested legislative language 
     requiring all expenditures from a Strategic Infrastructure 
     Fund established in accordance with this section to be 
     administered by the Secretary of State (or a designee of the 
     Secretary of State).
                                 ______
                                 
  SA 6200. Mr. MANCHIN (for himself, Ms. Hassan, Mr. Blumenthal, Ms. 
Duckworth, 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 A of title XII, add the following:

     SEC. 1214. STATEMENT OF SUPPORT FOR THE RECONSTRUCTION OF 
                   UKRAINE.

       (a) Findings.--Congress finds the following:
       (1) Vladimir Putin's invasion of Ukraine has generated 
     massive levels of human and economic suffering in the 
     sovereign nation of Ukraine.
       (2) According to the United Nations Human Rights Council, 
     Putin's war in Ukraine, which began on February 24, 2022, has 
     directly caused--
       (A) 14,844 civilian casualties, including 5,996 civilians 
     killed;
       (B) the internal displacement of approximately 7,000,000 
     people in Ukraine; and
       (C) an additional 7,405,590 Ukrainian refugees to flee from 
     Ukraine to other European countries.
       (3) Ukrainian civilians are still being killed daily and 
     the true number of Ukrainian civilian casualties might never 
     be known.
       (4) According to the World Bank, Putin's war in Ukraine--
       (A) caused more than $97,000,000,000 worth of damage to 
     buildings and infrastructure between February 24, 2022 and 
     June 1, 2022;
       (B) is expected to cause Ukraine's economy to shrink by 
     45.1 percent during 2022; and

[[Page S5728]]

       (C) will require an estimated $349,000,000,000 for recovery 
     and reconstruction needs across social, productive, and 
     infrastructure sectors in Ukraine.
       (b) Statement of Support.--Congress--
       (1) recognizes that--
       (A) the United States--
       (i) has long sought to alleviate the suffering of civilians 
     and nations hurt by war; and
       (ii) remains committed to ensuring the long-term peace, 
     prosperity, and territorial integrity of Ukraine;
       (B) aid packages, such as the Marshall Plan--
       (i) helped Western Europe recover from the economic damage 
     and human suffering generated by World War II; and
       (ii) contributed to the stability of global good order that 
     has persisted for decades;
       (C) an effective Ukrainian reconstruction effort can only 
     be accomplished by working in concert with other nations and 
     international bodies; and
       (2) encourages the United States Government to lead an 
     international group of allies that will equitably contribute 
     to provide the Government of Ukraine and the Ukrainian people 
     with a reconstruction assistance package for the purpose of 
     increasing ties between nations that are seeking a stable 
     international order to counter malign and rogue actors.
                                 ______
                                 
  SA 6201. Mr. DURBIN (for himself and 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, insert the following:

     SEC. ___. COMPETITION IN CREDIT CARD TRANSACTIONS.

       (a) Short Title.--This section may be cited as the ``Credit 
     Card Competition Act of 2022''.
       (b) Responsibilities of Board of Governors of the Federal 
     Reserve System.--
       (1) In general.--Section 921 of the Electronic Fund 
     Transfer Act (15 U.S.C. 1693o-2) is amended--
       (A) in subsection (b)--
       (i) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (ii) by inserting after paragraph (1) the following:
       ``(2) Competition in credit card transactions.--
       ``(A) No exclusive network.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Credit Card Competition Act of 2022, the 
     Board shall prescribe regulations providing that a covered 
     card issuer or payment card network shall not directly or 
     through any agent, processor, or licensed member of a payment 
     card network, by contract, requirement, condition, penalty, 
     technological specification, or otherwise, restrict the 
     number of payment card networks on which an electronic credit 
     transaction may be processed to--

       ``(I) 1 such network;
       ``(II) 2 or more such networks which are owned, controlled, 
     or otherwise operated by--

       ``(aa) affiliated persons; or
       ``(bb) networks affiliated with such issuer; or

       ``(III) subject to clause (ii), the 2 such networks that 
     hold the 2 largest market shares with respect to the number 
     of credit cards issued in the United States by licensed 
     members of such networks (and enabled to be processed through 
     such networks), as determined by the Board on the date on 
     which the Board prescribes the regulations.

       ``(ii) Determinations by board.--

       ``(I) In general.--The Board, not later than 3 years after 
     the date on which the regulations prescribed under clause (i) 
     take effect, and not less frequently than once every 3 years 
     thereafter, shall determine whether the 2 networks identified 
     under clause (i)(III) have changed, as compared with the most 
     recent such determination by the Board.
       ``(II) Effect of determination.--If the Board, under 
     subclause (I), determines that the 2 networks described in 
     clause (i)(III) have changed (as compared with the most 
     recent such determination by the Board), clause (i)(III) 
     shall no longer have any force or effect.

       ``(B) No routing restrictions.--Not later than 1 year after 
     the date of enactment of the Credit Card Competition Act of 
     2022, the Board shall prescribe regulations providing that a 
     covered card issuer or payment card network shall not--
       ``(i) directly or through any agent, processor, or licensed 
     member of the network, by contract, requirement, condition, 
     penalty, or otherwise--

       ``(I) inhibit the ability of any person who accepts credit 
     cards for payments to direct the routing of electronic credit 
     transactions for processing over any payment card network 
     that--

       ``(aa) may process such transactions; and
       ``(bb) is not on the list established by the Board under 
     subparagraph (D);

       ``(II) require any person who accepts credit cards for 
     payments to exclusively use, for transactions associated with 
     a particular credit card, an authentication, tokenization, or 
     other security technology that cannot be used by all of the 
     payment card networks that may process electronic credit 
     transactions for that particular credit card; or
       ``(III) inhibit the ability of another payment card network 
     to handle or process electronic credit transactions using an 
     authentication, tokenization, or other security technology 
     for the processing of those electronic credit transactions; 
     or

       ``(ii) impose any penalty or disadvantage, financial or 
     otherwise, on any person for--

       ``(I) choosing to direct the routing of an electronic 
     credit transaction over any payment card network on which the 
     electronic credit transaction may be processed; or
       ``(II) failing to ensure that a certain number, or 
     aggregate dollar amount, of electronic credit transactions 
     are handled by a particular payment card network.

       ``(C) Applicability.--The regulations prescribed under 
     subparagraphs (A) and (B) shall not apply to a credit card 
     issued in a 3-party payment system model.
       ``(D) Designation of national security risks.--Not later 
     than 1 year after the date of enactment of the Credit Card 
     Competition Act of 2022, the Board, in consultation with the 
     Secretary of the Treasury, shall prescribe regulations to 
     establish a public list of any payment card network--
       ``(i) the processing of electronic credit transactions by 
     which is determined by the Board to pose a risk to the 
     national security of the United States; or
       ``(ii) that is owned, operated, or sponsored by a foreign 
     state entity.
       ``(E) Definitions.--In this paragraph--
       ``(i) the terms `card issuer' and `creditor' have the 
     meanings given the terms in section 103 of the Truth in 
     Lending Act (15 U.S.C. 1602);
       ``(ii) the term `covered card issuer' means a card issuer 
     that, together with the affiliates of the card issuer, has 
     assets of more than $100,000,000,000;
       ``(iii) the term `credit card issued in a 3-party payment 
     system model' means a credit card issued by a card issuer 
     that is--

       ``(I) the payment card network with respect to the credit 
     card; or
       ``(II) under common ownership with the payment card network 
     with respect to the credit card;

       ``(iv) the term `electronic credit transaction'--

       ``(I) means a transaction in which a person uses a credit 
     card; and
       ``(II) includes a transaction in which a person does not 
     physically present a credit card for payment, including a 
     transaction involving the entry of credit card information 
     onto, or use of credit card information in conjunction with, 
     a website interface or a mobile telephone application; and

       ``(v) the term `licensed member' includes, with respect to 
     a payment card network--

       ``(I) a creditor or card issuer that is authorized to issue 
     credit cards bearing any logo of the payment card network; 
     and
       ``(II) any person, including any financial institution and 
     any person that may be referred to as an `acquirer', that is 
     authorized to--

       ``(aa) screen and accept any person into any program under 
     which that person may accept, for payment for goods or 
     services, a credit card bearing any logo of the payment card 
     network;
       ``(bb) process transactions on behalf of any person who 
     accepts credit cards for payments; and
       ``(cc) complete financial settlement of any transaction on 
     behalf of a person who accepts credit cards for payments.''; 
     and
       (B) in subsection (d)(1), by inserting ``, except that the 
     Bureau shall not have authority to enforce the requirements 
     of this section or any regulations prescribed by the Board 
     under this section'' after ``section 918''.
       (2) Effective date.--The regulations prescribed by the 
     Board of Governors of the Federal Reserve System under 
     paragraph (2) of section 921(b) of the Electronic Fund 
     Transfer Act (15 U.S.C. 1693o-2(b)), as amended by paragraph 
     (1) of this subsection, shall take effect on the date that is 
     180 days after the date on which the Board prescribes the 
     final version of those regulations.
                                 ______
                                 
  SA 6202. 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:

                       DIVISION E--MISCELLANEOUS

     SEC. 5001. STEWARDSHIP FEE ON OPIOID PAIN RELIEVERS.

       (a) In General.--Chapter 32 of the Internal Revenue Code of 
     1986 is amended by inserting after subchapter D the following 
     new subchapter:

[[Page S5729]]

  


             ``Subchapter E--Certain Opioid Pain Relievers

``Sec. 4191. Opioid pain relievers.

     ``SEC. 4191. OPIOID PAIN RELIEVERS.

       ``(a) In General.--There is hereby imposed on the sale of 
     any active opioid by the manufacturer, producer, or importer 
     a fee equal to 1 cent per milligram so sold.
       ``(b) Active Opioid.--For purposes of this section--
       ``(1) In general.--The term `active opioid' means any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act, as in effect on the date of the 
     enactment of this section) which is opium, an opiate, or any 
     derivative thereof.
       ``(2) Exclusion for certain prescription medications.--Such 
     term shall not include any prescribed drug which is used 
     exclusively for the treatment of opioid addiction as part of 
     a medically assisted treatment effort.
       ``(3) Exclusion of other ingredients.--In the case of a 
     product that includes an active opioid and another 
     ingredient, subsection (a) shall apply only to the portion of 
     such product that is an active opioid.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 32 of the Internal Revenue Code of 1986 is amended by 
     inserting after the item relating to subchapter D the 
     following new item:

            ``subchapter e. certain opioid pain relievers''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to sales on or after the later of--
       (1) the date which is 1 year after the date of the 
     enactment of this Act; or
       (2) the date on which the Secretary of Health and Human 
     Services establishes the mechanism described in subsection 
     (d)(1).
       (d) Rebate or Discount Program for Certain Cancer and 
     Hospice Patients.--
       (1) In general.--The Secretary of Health and Human 
     Services, in consultation with patient advocacy groups and 
     other relevant stakeholders as determined by such Secretary, 
     shall establish a mechanism by which--
       (A) any amount paid by an eligible patient in connection 
     with the stewardship fee under section 4191 of the Internal 
     Revenue Code of 1986 (as added by this section) shall be 
     rebated to such patient in as timely a manner as possible, or
       (B) amounts paid by an eligible patient for active opioids 
     (as defined in section 4191(b) of such Code) are discounted 
     at time of payment or purchase to ensure that such patient 
     does not pay any amount attributable to such fee, with as 
     little burden on the patient as possible. The Secretary shall 
     choose whichever of the options described in subparagraph (A) 
     or (B) is, in the Secretary's determination, most effective 
     and efficient in ensuring eligible patients face no economic 
     burden from such fee.
       (2) Eligible patient.--For purposes of this subsection, the 
     term ``eligible patient'' means--
       (A) a patient for whom any active opioid (as so defined) is 
     prescribed to treat pain relating to cancer or cancer 
     treatment;
       (B) a patient participating in hospice care;
       (C) a patient with respect to whom the prescriber of the 
     applicable opioid determines that other non-opioid pain 
     management treatments are inadequate or inappropriate; and
       (D) in the case of the death or incapacity of a patient 
     described in subparagraph (A), (B), or (C), or any similar 
     situation as determined by the Secretary of Health and Human 
     Services, the appropriate family member, medical proxy, or 
     similar representative or the estate of such patient.

     SEC. 5002. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF 
                   SUBSTANCE ABUSE.

       (a) Grants to States.--Section 1921(b) of the Public Health 
     Service Act (42 U.S.C. 300x-21(b)) is amended by inserting 
     ``, and, as applicable, for carrying out section 1923A'' 
     before the period.
       (b) Nonapplicability of Prevention Program Provision.--
     Section 1922(a)(1) of the Public Health Service Act (42 
     U.S.C. 300x-22(a)(1)) is amended by inserting ``except with 
     respect to amounts made available as described in section 
     1923A,'' before ``will expend''.
       (c) Opioid Treatment Programs.--Subpart II of part B of 
     title XIX of the Public Health Service Act (42 U.S.C. 300x-21 
     et seq.) is amended by inserting after section 1923 the 
     following:

     ``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS.

       ``A funding agreement for a grant under section 1921 is 
     that the State involved shall provide that any amounts made 
     available by any increase in revenues to the Treasury in the 
     previous fiscal year resulting from the enactment of section 
     4191 of the Internal Revenue Code of 1986, reduced by any 
     amounts rebated or discounted under section 5001(d) of the 
     James M. Inhofe National Defense Authorization Act for Fiscal 
     Year 2023 (as described in section 1933(a)(1)(B)(i)) be used 
     exclusively for substance abuse (including opioid abuse) 
     treatment efforts in the State, including--
       ``(1) treatment programs--
       ``(A) establishing new addiction treatment facilities, 
     residential and outpatient, including covering capital costs;
       ``(B) establishing sober living facilities;
       ``(C) recruiting and increasing reimbursement for certified 
     mental health providers providing substance abuse treatment 
     in medically underserved communities or communities with high 
     rates of prescription drug abuse;
       ``(D) expanding access to long-term, residential treatment 
     programs for opioid addicts (including 30-, 60-, and 90-day 
     programs);
       ``(E) establishing or operating support programs that offer 
     employment services, housing, and other support services to 
     help recovering addicts transition back into society;
       ``(F) establishing or operating housing for children whose 
     parents are participating in substance abuse treatment 
     programs, including capital costs;
       ``(G) establishing or operating facilities to provide care 
     for babies born with neonatal abstinence syndrome, including 
     capital costs; and
       ``(H) other treatment programs, as the Secretary determines 
     appropriate; and
       ``(2) recruitment and training of substance use disorder 
     professionals to work in rural and medically underserved 
     communities.''.
       (d) Additional Funding.--Section 1933(a)(1)(B)(i) of the 
     Public Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is 
     amended by inserting ``, plus any increase in revenues to the 
     Treasury in the previous fiscal year resulting from the 
     enactment of section 4191 of the Internal Revenue Code of 
     1986, reduced by any amounts rebated or discounted under 
     section 5001(d) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023'' before the period.

     SEC. 5003. REPORT.

       Not later than 2 years after the date described in section 
     5001(c), the Secretary of Health and Human Services shall 
     submit to Congress a report on the impact of the amendments 
     made by sections 5001 and 5002 on--
       (1) the retail cost of active opioids (as defined in 
     section 4191 of the Internal Revenue Code of 1986, as added 
     by section 5001);
       (2) patient access to such opioids, particularly cancer and 
     hospice patients, including the effect of the discount or 
     rebate on such opioids for cancer and hospice patients under 
     section 5001(d);
       (3) how the increase in revenue to the Treasury resulting 
     from the enactment of section 4191 of the Internal Revenue 
     Code of 1986 is used to improve substance abuse treatment 
     efforts in accordance with section 1923A of the Public Health 
     Service Act (as added by section 5002); and
       (4) suggestions for improving--
       (A) access to opioids for cancer and hospice patients; and
       (B) substance abuse treatment efforts under such section 
     1923A.
                                 ______
                                 
  SA 6203. 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. __. EVIDENCE-BASED CURRICULUM ON SUBSTANCE USE 
                   DISORDERS.

       (a) In General.--
       (1) Development and dissemination of curriculum.--The 
     Secretary of Education, in consultation with the partners 
     described in paragraph (2), shall develop and disseminate an 
     evidence-based curriculum for kindergarten through grade 12 
     on educating students at an age-appropriate level on the 
     dangers and harmful impacts of substances that focuses on 
     opioids, vaping, synthetic drugs, and other related 
     substances of misuse.
       (2) Partners.--The partners described in this paragraph are 
     the following:
       (A) The Assistant Secretary of the Substance Abuse and 
     Mental Health Services Administration.
       (B) The Director of the Centers for Disease Control and 
     Prevention.
       (C) The Assistant Secretary of the Administration for 
     Children and Families.
       (D) The Commissioner of Food and Drugs.
       (E) The Director of the National Institute on Drug Abuse or 
     a designee of the Director from the National Institute on 
     Drug Abuse.
       (F) The Director of the National Institute on Alcohol Abuse 
     and Alcoholism or a designee of the Director from the 
     National Institute on Alcohol Abuse and Alcoholism.
       (G) The Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice or a 
     designee of the Administrator from the Office of Juvenile 
     Justice and Delinquency Prevention.
       (H) The Director of the Office of National Drug Control 
     Policy.
       (3) Additional consultation.--The Secretary of Education 
     may also consult with State educational agencies, local 
     educational agencies, and single State agencies during the 
     development of the evidence-based curriculum under paragraph 
     (1).
       (4) Review and update.--The Secretary of Education, in 
     consultation with the partners described in paragraph (2), 
     shall review and update the evidence-based curriculum 
     developed under paragraph (1) every 2 years.
       (b) Competitive Grant Program.--
       (1) In general.--Beginning the first fiscal year following 
     the completion of the development of the evidence-based 
     curriculum

[[Page S5730]]

     under subsection (a)(1), the Secretary of Education, in 
     consultation with the Assistant Secretary for Mental Health 
     and Substance Use, shall award grants, on a competitive 
     basis, to State educational agencies to enable the State 
     educational agencies to implement the evidence-based 
     curriculum. The Secretary of Education shall award not less 
     than 10 grants during each grant cycle.
       (2) Application.--A State educational agency that desires 
     to receive a grant under this subsection shall submit an 
     application to the Secretary of Education at such time, in 
     such manner, and accompanied by such information as the 
     Secretary may require.
       (3) Preference.--In awarding grants under this subsection, 
     the Secretary of Education shall give preference to States 
     that have experienced the highest drug overdose death rates.
       (4) Subcontract.--A State educational agency that receives 
     a grant under this subsection may subcontract with community 
     coalitions that are currently, as of the date of application, 
     a recipient of a grant under section 1032 of the Anti-Drug 
     Abuse Act of 1988 (21 U.S.C. 1532), to implement the 
     evidence-based curriculum, as needed.
       (5) Annual report.--Each State educational agency that 
     receives a grant under this subsection shall provide an 
     annual report to the Secretary of Education and the Assistant 
     Secretary for Mental Health and Substance Use on the State 
     educational agency's curriculum implementation progress and 
     program reach, in order to monitor the quality of 
     implementation of the evidence-based curriculum.
       (c) Definitions.--In this section:
       (1) Evidence-based.--The term ``evidence-based'' has the 
     meaning given the term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) Single state agency.--The term ``single State agency'' 
     means the State agency responsible for administering the 
     substance abuse prevention and treatment block grant under 
     subpart II of part B of title XIX of the Public Health 
     Service Act (42 U.S.C. 300x-21 et seq.).
       (3) State educational agency.--The term ``State educational 
     agency'' has the meaning given the term in section 8101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (d) Funding.--There are authorized to be appropriated to 
     carry out this section such sums as may be necessary for the 
     period of fiscal years 2023 through 2032.
                                 ______
                                 
  SA 6204. Mr. MANCHIN (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:

        At the appropriate place, insert the following:

     SEC. ___. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS.

       Section 505(c) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355(c)) is amended by adding at the end the 
     following:
       ``(6) Notwithstanding any other provision of this section, 
     the Secretary may deny approval of an application submitted 
     under subsection (b) for an opioid analgesic drug if the 
     Secretary determines that such drug does not provide a 
     significant advantage or clinical superiority, in terms of 
     greater safety or effectiveness, compared to an appropriate 
     comparator drug, as determined by the Secretary.''.
                                 ______
                                 
  SA 6205. 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 end of subtitle C of title VII, add the following:

     SEC. 753. COMPTROLLER GENERAL STUDY ON COVERAGE OF MENTAL 
                   HEALTH DISORDERS UNDER TRICARE PROGRAM AND 
                   RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY 
                   LAWS.

       (a) Study and Report Required.--Not later than 270 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) conduct a study to identify and assess the similarities 
     and differences with respect to coverage of mental health 
     disorders under the TRICARE program and coverage requirements 
     under mental health parity laws; and
       (2) submit a report containing the findings of such study 
     to--
       (A) the Secretary of Defense and the congressional defense 
     committees; and
       (B) with respect to any findings concerning the Coast Guard 
     when it is not operating as a service in the Department of 
     the Navy, the Secretary of Homeland Security, the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (b) Matters To Be Included.--The report under subsection 
     (a)(2) shall include the following:
       (1) A description of any overlaps or gaps between coverage 
     requirements under the TRICARE program and under the mental 
     health parity laws with respect to treatment for the 
     continuum of mental health disorders (including substance use 
     disorder).
       (2) An identification of any existing or anticipated 
     effects of any such overlaps or gaps on access to care by 
     beneficiaries under the TRICARE program.
       (3) An identification of denial rates under the TRICARE 
     program for requests by beneficiaries for coverage of mental 
     or behavioral health care services and the overturn rates of 
     appeals for such requests, disaggregated by type of health 
     care service.
       (4) A list of each mental or behavioral health care 
     provider type that is not an authorized provider type under 
     the TRICARE program.
       (5) An identification of any anticipated effects of 
     modifying coverage requirements under the TRICARE program to 
     bring such requirements into conformity with mental health 
     parity laws, including an assessment of the following:
       (A) Potential costs to the Department of Defense, the 
     Department of Homeland Security (with respect to matters 
     concerning the Coast Guard when it is not operating as a 
     service in the Department of the Navy), and beneficiaries 
     under the TRICARE program as a result of such modification.
       (B) The adequacy of the TRICARE program network to support 
     such modification.
       (C) Potential effects of such modification on access to 
     care by beneficiaries under the TRICARE program.
       (D) Such other matters as may be determined appropriate by 
     the Comptroller General.
       (c) Briefing.--Not later than 120 days after the date on 
     which the Secretaries receive the report submitted under 
     subsection (a), the Secretaries shall provide to the 
     congressional defense committees a briefing on any statutory 
     changes the Secretaries determine necessary to close gaps in 
     the coverage of mental health disorders under the TRICARE 
     program, including any such gaps identified in the report, to 
     bring such coverage into conformity with requirements under 
     mental health parity laws.
       (d) Definitions.--In this section:
       (1) The term ``mental health parity laws'' means--
       (A) section 2726 of the Public Health Service Act (42 
     U.S.C. 300gg-26);
       (B) section 712 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1185a);
       (C) section 9812 of the Internal Revenue Code of 1986; or
       (D) any other Federal law that applies the requirements 
     under any of the sections described in subparagraph (A), (B), 
     or (C), or requirements that are substantially similar to 
     those provided under any such section, as determined by the 
     Comptroller General of the United States.
       (2) The term ``Secretaries'' means--
       (A) the Secretary of Defense; and
       (B) with respect to any matters concerning the Coast Guard 
     when it is not operating as a service in the Department of 
     the Navy, the Secretary of Homeland Security.
       (3) The term ``TRICARE program'' has the meaning given such 
     term in section 1072 of title 10, United States Code.
                                 ______
                                 
  SA 6206. 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 end, add the following:

 DIVISION E--9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTION ACT

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``9/11 Responder and 
     Survivor Health Funding Correction Act''.

     SEC. 5002. FLEXIBILITY FOR CERTIFICATIONS UNDER THE WORLD 
                   TRADE CENTER HEALTH PROGRAM.

       (a) In General.--Section 3305(a) of the Public Health 
     Service Act (42 U.S.C. 300mm-4(a)) is amended--
       (1) in paragraph (1)(A), by inserting ``subject to 
     paragraph (6),'' before ``for''; and
       (2) by adding at the end the following:
       ``(6) Licensed health care provider flexibility.--
       ``(A) In general.--For purposes of an initial health 
     evaluation described in paragraph (1)(A) (including any such 
     evaluation provided under section 3321(b) or through the 
     nationwide network under section 3313), such evaluation may 
     be conducted by a physician or any other licensed health care 
     provider in a category of health care providers determined by 
     the WTC Program Administrator under subparagraph (B).

[[Page S5731]]

       ``(B) Categories of licensed health care providers.--Not 
     later than 180 days after the date of enactment of the 9/11 
     Responder and Survivor Health Funding Correction Act, the WTC 
     Program Administrator shall issue regulations for the 
     categories of licensed health care providers who, in addition 
     to licensed physicians, may conduct evaluations under 
     subparagraph (A) and make determinations under section 
     3312(b).''.
       (b) Flexibility for WTC Responders.--Section 3312(b) of 
     such Act (42 U.S.C. 300mm-22(b)) is amended--
       (1) in paragraph (1), by striking ``physician'' each place 
     it appears and inserting ``physician or other licensed health 
     care provider in a category determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``physician'' and inserting ``physician or other licensed 
     health care provider in a category determined by the WTC 
     Program Administrator under section 3305(a)(6)(B)'';
       (ii) in clause (i), by striking ``physician'' and inserting 
     ``physician or other licensed health care provider''; and
       (iii) in clause (ii), by striking ``such physician's 
     determination'' and inserting ``the determination of such 
     physician or other licensed health care provider''; and
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``physician determinations'' and inserting ``determinations 
     by physicians or other licensed health care providers in 
     categories determined by the WTC Program Administrator under 
     section 3305(a)(6)(B)''; and
       (ii) in clause (i), by striking ``physician panel'' and 
     inserting ``panel of physicians or other licensed health care 
     providers in categories determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)''; and
       (3) in paragraph (5), by striking ``examining physician'' 
     and inserting ``examining physician or other licensed health 
     care provider in a category determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)''.

     SEC. 5003. CRITERIA FOR CREDENTIALING HEALTH CARE PROVIDERS 
                   PARTICIPATING IN THE NATIONWIDE NETWORK.

       Title XXXIII of the Public Health Service Act (42 U.S.C. 
     300mm et seq.) is amended--
       (1) in section 3305(a)(2) (42 U.S.C. 300mm-4(a)(2))--
       (A) in subparagraph (A)--
       (i) by striking clause (iv); and
       (ii) by redesignating clauses (v) and (vi) as clauses (iv) 
     and (v), respectively;
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (2) in section 3313(b)(1) (42 U.S.C. 300mm-23(b)(1)), by 
     striking ``Data Centers'' and inserting ``WTC Program 
     Administrator''.

     SEC. 5004. DEPARTMENT OF DEFENSE, ARMED FORCES, OR OTHER 
                   FEDERAL WORKER RESPONDERS TO THE SEPTEMBER 11 
                   ATTACKS AT THE PENTAGON AND SHANKSVILLE, 
                   PENNSYLVANIA.

       Title XXXIII of the Public Health Service Act (42 U.S.C. 
     300mm et seq.) is amended--
       (1) in section 3306 (42 U.S.C. 300mm-5)--
       (A) by redesignating paragraphs (5) through (11) and 
     paragraphs (12) through (17) as paragraphs (6) through (12) 
     and paragraphs (14) through (19), respectively;
       (B) by inserting after paragraph (4) the following:
       ``(5) Federal agency.--The term `Federal agency' means an 
     agency, office, or other establishment in the executive, 
     legislative, or judicial branch of the Federal Government.''; 
     and
       (C) by inserting after paragraph (12), as so redesignated, 
     the following:
       ``(13) Uniformed services.--The term `uniformed services' 
     has the meaning given the term in section 101(a) of title 10, 
     United States Code.''; and
       (2) in section 3311(a)(2)(C)(i) (42 U.S.C. 300mm-
     21(a)(2)(C)(i))--
       (A) in subclause (I), by inserting ``was an employee of the 
     Department of Defense or any other Federal agency, worked 
     during the period beginning on September 11, 2001, and ending 
     on September 18, 2001, for a contractor of the Department of 
     Defense or any other Federal agency, was a member of a 
     regular or reserve component of the uniformed services,'' 
     before ``was a member''; and
       (B) in subclause (II), by inserting ``was an employee of 
     the Department of Defense or any other Federal agency, worked 
     during the period beginning on September 11, 2001, and ending 
     on September 18, 2001, for a contractor of the Department of 
     Defense or any other Federal agency, was a member of a 
     regular or reserve component of the uniformed services,'' 
     before ``was a member''.

     SEC. 5005. CLARIFYING CALCULATION OF ENROLLMENT.

       (a) Responders.--Section 3311(a) of such Act (42 U.S.C. 
     300mm-21(a)) is amended by adding at the end the following:
       ``(6) Deceased wtc responders.--An individual known to the 
     WTC Program Administrator to be deceased shall not be 
     included in any count of enrollees under this subsection or 
     section 3351.''.
       (b) Survivors.--Section 3321(a) of such Act (42 U.S.C. 
     300mm-31(a)) is amended by adding at the end the following:
       ``(5) Deceased wtc survivors.--An individual known to the 
     WTC Program Administrator to be deceased shall not be 
     included in any count of certified-eligible survivors under 
     this section or in any count of enrollees under section 
     3351.''.

     SEC. 5006. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON 
                   YOUTH.

       (a) In General.--Section 3341 of the Public Health Service 
     Act (42 U.S.C. 300mm-51) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``With respect'' through ``subtitle B, the'' and inserting 
     ``The''; and
       (B) by striking ``of such individuals'' each place it 
     appears;
       (2) in subsection (b)(1), by inserting ``and individuals 
     who were exposed to airborne toxins, or any other hazard or 
     adverse condition, resulting from the September 11, 2001, 
     terrorist attacks'' after ``treatment'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (4) by inserting after subsection (b) the following:
       ``(c) Research Cohort for Emerging Health Impacts on 
     Youth.--
       ``(1) In general.--The WTC Program Administrator, in 
     consultation with the Secretary of Education, shall establish 
     a research cohort of sufficient size to conduct future 
     research studies on the health and educational impacts of 
     exposure to airborne toxins, or any other hazard or adverse 
     condition, resulting from the September 11, 2001, terrorist 
     attacks, including on the population of individuals who were 
     21 years of age or younger at the time of exposure, including 
     such individuals who are screening-eligible WTC survivors or 
     certified-eligible WTC survivors.
       ``(2) Populations studied.--The research cohort under 
     paragraph (1) may include--
       ``(A) individuals who, on September 11, 2001, were 21 years 
     of age or younger and were--
       ``(i) outside the New York City disaster area; and
       ``(ii) in--

       ``(I) the area of Manhattan not further north than 14th 
     Street; or
       ``(II) Brooklyn; and

       ``(B) control populations, including populations of 
     individuals who, on September 11, 2001, were 21 years of age 
     or younger.''.
       (b) Spending Limitation Exemption.--Section 3351(c)(5) of 
     such Act (42 U.S.C. 300mm-61(c)(5)) is amended in the matter 
     preceding subparagraph (A), by inserting ``(other than for 
     the purpose of establishing and maintaining the research 
     cohort described in subsection (c) of such section)'' after 
     ``section 3341''.
       (c) Conforming Amendment.--Section 3301(f)(2)(E) of such 
     Act (42 U.S.C. 300mm(f)(2)(E)) is amended by striking 
     ``section 3341(a)'' and inserting ``subsection (a) or (c) of 
     section 3341''.

     SEC. 5007. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.

       (a) Federal Funding.--Section 3351 of the Public Health 
     Service Act (42 U.S.C. 300mm-61) is amended--
       (1) in subsection (a)(2)(A)--
       (A) in clause (x), by striking ``and'';
       (B) in clause (xi)--
       (i) by striking ``subsequent fiscal year through fiscal 
     year 2090'' and inserting ``of fiscal years 2026 through 
     2032''; and
       (ii) by striking ``plus'' and inserting ``and''; and
       (C) by adding at the end the following:
       ``(xii) for each of fiscal years 2033 through 2090--

       ``(I) the amount determined under this subparagraph for the 
     previous fiscal year (plus, as applicable, the amount 
     expended from the Supplemental Fund under section 3352 in the 
     previous fiscal year and the amount expended from the Fund in 
     the previous fiscal year that was deposited in any year prior 
     to the previous fiscal year) multiplied by 1.05; multiplied 
     by
       ``(II) the ratio of--

       ``(aa) the total number of individuals enrolled in the WTC 
     program on July 1 of such previous fiscal year; to
       ``(bb) the total number of individuals so enrolled on July 
     1 of the fiscal year prior to such previous fiscal year; 
     plus''; and
       (2) in subsection (c)--
       (A) by amending paragraph (3) to read as follows:
       ``(3) Education and outreach.--For the purpose of carrying 
     out section 3303--
       ``(A) for each of fiscal years 2016 through 2023, $750,000; 
     and
       ``(B) for fiscal year 2024 and each subsequent fiscal year, 
     $2,000,000.'';
       (B) in paragraph (4)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) for fiscal year 2023, the amount determined for such 
     fiscal year under this paragraph as in effect on the day 
     before the date of enactment of the 9/11 Responder and 
     Survivor Health Funding Correction Act''; and
       (ii) in subparagraph (B), by striking ``2017, $15,000,000'' 
     and inserting ``2024, $20,000,000''; and
       (C) in paragraph (5)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) for fiscal year 2023, the amount determined for such 
     fiscal year under this paragraph as in effect on the day 
     before the date of enactment of the 9/11 Responder and 
     Survivor Health Funding Correction Act;'';
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and

[[Page S5732]]

       (iii) by inserting after subparagraph (A) the following:
       ``(B) for fiscal year 2024, $20,000,000; and''.
       (b) Supplemental Funding for the World Trade Center Health 
     Program.--
       (1) In general.--Title XXXIII of the Public Health Service 
     Act (42 U.S.C. 300mm et seq.) is amended by adding at the end 
     the following:

     ``SEC. 3352. SUPPLEMENTAL FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Supplemental Fund 
     (referred to in this section as the `Supplemental Fund'), 
     consisting of amounts deposited into the Fund under 
     subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2022 $3,064,535,940, for deposit into the Supplemental Fund, 
     which amounts shall remain available through fiscal year 
     2032.
       ``(c) Uses of Funds.--Amounts deposited into the 
     Supplemental Fund under subsection (b) shall be available, 
     without further appropriation and without regard to any 
     spending limitation under section 3351(c), to the WTC Program 
     Administrator as needed at the discretion of such 
     Administrator for carrying out any provision in this title, 
     including sections 3303 and 3341(c).
       ``(d) Return of Funds.--Any amounts that remain in the 
     Supplemental Fund on September 30, 2032, shall be deposited 
     into the Treasury as miscellaneous receipts.''.
       (2) Conforming amendments.--Title XXXIII of the Public 
     Health Service Act (42 U.S.C. 300mm et seq.) is amended--
       (A) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
     21(a)(4)(B)(i)(II)), by striking ``section 3351'' and 
     inserting ``sections 3351 and 3352'';
       (B) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
     31(a)(3)(B)(i)(II)), by striking ``section 3351'' and 
     inserting ``sections 3351 and 3352'';
       (C) in section 3331 (42 U.S.C. 300mm-41)--
       (i) in subsection (a), by inserting ``and the World Trade 
     Center Health Program Supplemental Fund'' before the period 
     at the end; and
       (ii) in subsection (d)--

       (I) in paragraph (1)(B)(i), as amended by subsection 
     (c)(1), by inserting ``(excluding any expenditures from 
     amounts in the World Trade Center Health Program Supplemental 
     Fund under section 3352)'' before the period at the end; and
       (II) in paragraph (2), in the flush text following 
     subparagraph (C), by inserting ``(excluding any expenditures 
     from amounts in the World Trade Center Health Program 
     Supplemental Fund under section 3352)'' before the period at 
     the end; and

       (D) in section 3351(b) (42 U.S.C. 300mm-61(b))--
       (i) in paragraph (2), by inserting ``or as available from 
     the World Trade Center Health Program Supplemental Fund under 
     section 3352'' before the period at the end; and
       (ii) in paragraph (3), by inserting ``or as available from 
     the World Trade Center Health Program Supplemental Fund under 
     section 3352'' before the period at the end.
       (c) Required Contribution by New York City.--Section 
     3331(d)(1)(B) of such Act (42 U.S.C. 300mm-41(d)(1)(B)) is 
     amended--
       (1) by striking ``(B) Full contribution amount.--Under'' 
     and inserting the following:
       ``(B) Full contribution amount.--
       ``(i) In general.--Under'';
       (2) by striking ``fiscal year 2090'' and inserting ``fiscal 
     year 2032''; and
       (3) by adding at the end the following:
       ``(ii) After fiscal year 2032.--Under such contract, with 
     respect to each calendar quarter of fiscal year 2033 and of 
     each subsequent fiscal year through fiscal year 2090, the 
     full contribution amount under this subparagraph shall be 
     equal to--

       ``(I) 10 percent of the expenditures in carrying out this 
     title for the respective quarter; multiplied by
       ``(II) the ratio of--

       ``(aa) the number of individuals receiving any monitoring, 
     treatment, evaluation, or other benefits under this title who 
     at any time during the prior calendar year lived in New York 
     City; to
       ``(bb) the total number of individuals receiving any 
     monitoring, treatment, evaluation, or other benefits under 
     this title for such prior calendar year.''.
                                 ______
                                 
  SA 6207. Mr. MERKLEY (for himself, Mr. Van Hollen, Mr. Sanders, and 
Ms. Baldwin) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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 ISRAELI SETTLEMENT ACTIVITY IN OCCUPIED 
                   WEST BANK.

       (a) 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 to the appropriate committees 
     of Congress a report that assesses the status of Israeli 
     settlement activity in the occupied West Bank.
       (b) Elements.--The report required by subsection (a) shall 
     include the following with respect to Israeli settlement 
     activity in the West Bank:
       (1) The number of permits, tenders, and housing starts 
     approved by the Government of Israel for settlement 
     construction and the locations concerned.
       (2) The number and locations of new outposts established 
     without the approval of the Government of Israel.
       (3) The number and locations of outposts established 
     without the approval of the Government of Israel that were 
     retroactively legalized.
       (4) An assessment of the impact of settlements and outposts 
     on--
       (A) the freedom of movement, livelihoods, and quality of 
     life of Palestinians; and
       (B) the potential for establishing in the future a viable 
     Palestinian state.
       (5) The number and locations of demolitions of homes, 
     businesses, or infrastructure owned by, or primarily serving, 
     Palestinians.
       (6) The number and locations of evictions of Palestinians 
     from their places of residence.
       (7) The number of permits issued for Palestinians in East 
     Jerusalem and the West Bank territory designated under the 
     Oslo Accords as ``Area C''.
       (8) An analysis of the impact any change in the matters 
     described in paragraphs (1) through (7) would have on--
       (A) the diplomatic posture of the United States globally; 
     and
       (B) the national security of the United States.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (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.
                                 ______
                                 
  SA 6208. Ms. DUCKWORTH (for herself, Mr. Kennedy, Mrs. Gillibrand, 
and Ms. Baldwin) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       (a) Assessment Required.--
       (1) In general.--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 
     assessing the domestic source content of procurements carried 
     out in connection with a major defense acquisition program.
       (2) Information repository.--The Secretary of Defense shall 
     establish an information repository for the collection and 
     analysis of information related to domestic source content 
     for products the Secretary deems critical, where such 
     information can be used for continuous data analysis and 
     program management activities.
       (b) Enhanced Domestic Content Requirement.--
       (1) In general.--Except as provided in paragraph (2), for 
     purposes of chapter 83 of title 41, United States Code, 
     manufactured articles, materials, or supplies procured in 
     connection with a major defense acquisition program are 
     manufactured substantially all from articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States if the cost of such component articles, materials, or 
     supplies--
       (A) supplied not later than the date of the enactment of 
     this Act, exceeds 60 percent of cost of the manufactured 
     articles, materials, or supplies procured;
       (B) supplied during the period beginning January 1, 2024, 
     and ending December 31, 2028, exceeds 65 percent of the cost 
     of the manufactured articles, materials, or supplies; and
       (C) supplied on or after January 1, 2029, exceeds 75 
     percent of the cost of the manufactured articles, materials, 
     or supplies.
       (2) Exclusion for certain manufactured articles.--Paragraph 
     (1) shall not apply to manufactured articles that consist 
     wholly or predominantly of iron, steel, or a combination of 
     iron and steel.
       (3) Rulemaking to create a fallback threshold.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue rules to determine the treatment of the lowest price 
     offered for a foreign end product for which 55 percent or 
     more of the component articles, materials, or supplies of 
     such foreign end product are manufactured substantially all 
     from articles, materials, or supplies mined,

[[Page S5733]]

     produced, or manufactured in the United States if--
       (i) the application of paragraph (1) results in an 
     unreasonable cost; or
       (ii) no offers are submitted to supply manufactured 
     articles, materials, or supplies manufactured substantially 
     all from articles, materials, or supplies mined, produced, or 
     manufactured in the United States.
       (B) Termination.--Rules issued under this paragraph shall 
     cease to have force or effect on January 1, 2030.
       (4) Applicability.--The requirements of this subsection--
       (A) shall apply to contracts entered into on or after the 
     date of the enactment of this Act; and
       (B) shall be applied in a manner consistent with the 
     obligations of the United States under any relevant 
     international agreement.
       (c) Major Defense Acquisition Program Defined.--The term 
     ``major defense acquisition program'' has the meaning given 
     the term in section 4201 of title 10, United States Code.
                                 ______
                                 
  SA 6209. Mrs. GILLIBRAND (for herself, Mr. Blumenthal, and Mrs. 
Blackburn) submitted an amendment intended to be proposed to amendment 
SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended 
to be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel 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. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION 
                   ASSISTANCE PROGRAM.

       (a) Establishment.--The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     carry out a pilot grant program under which the Secretary of 
     Defense provides enhanced support and funding to eligible 
     entities to supplement TAP to provide job opportunities for 
     industry recognized certifications, job placement assistance, 
     and related employment services directly to covered 
     individuals.
       (b) Services.--Under the pilot grant program, the Secretary 
     of Defense shall provide grants to eligible entities to 
     provide to covered individuals the following services:
       (1) Using an industry-validated screening tool, assessments 
     of prior education, work history, and employment aspirations 
     of covered individuals to tailor appropriate and employment 
     services.
       (2) Preparation for civilian employment through services 
     like mock interviews and salary negotiations, training on 
     professional networking platforms, and company research.
       (3) Several industry-specific learning pathways--
       (A) with entry-level, mid-level, and senior versions;
       (B) in fields such as project management, cybersecurity, 
     and information technology;
       (C) in which each covered individual works with an academic 
     advisor to choose a career pathway and navigate coursework 
     during the training process; and
       (D) in which each covered individual can earn industry-
     recognized credentials and certifications, at no charge to 
     the covered individual.
       (4) Job placement services.
       (c) Program Organization and Implementation Model.--The 
     pilot grant program shall follow existing economic 
     opportunity program models that combine industry-recognized 
     certification training, furnished by professionals, with 
     online learning staff.
       (d) Consultation.--In carrying out the program, the 
     Secretary of Defense shall seek to consult with private 
     entities to assess the best economic opportunity program 
     models, including existing economic opportunity models 
     furnished through public-private partnerships.
       (e) Eligibility.--To be eligible to receive a grant under 
     the pilot grant program, an entity shall--
       (1) follow a job training and placement model;
       (2) have rigorous program evaluation practices;
       (3) have established partnerships with entities (such as 
     employers, governmental agencies, and nonprofit entities) to 
     provide services described in subsection (b);
       (4) have online training capability to reach rural 
     veterans, reduce costs, and comply with new conditions forced 
     by COVID-19; and
       (5) have a well-developed practice of program measurement 
     and evaluation that evinces program performance and 
     efficiency, with data that is high quality and shareable with 
     partner entities.
       (f) Coordination With Federal Entities.--A grantee shall 
     coordinate with Federal entities, including--
       (1) the Office of Transition and Economic Development of 
     the Department of Veterans Affairs; and
       (2) the Office of Veteran Employment and Transition 
     Services of the Department of Labor.
       (g) Metrics and Evaluation.--Performance outcomes shall be 
     verifiable using a third-party auditing method and include 
     the following:
       (1) The number of covered individuals who receive and 
     complete skills training.
       (2) The number of covered individuals who secure 
     employment.
       (3) The retention rate for covered individuals described in 
     paragraph (2).
       (4) Median salary of covered individuals described in 
     paragraph (2).
       (h) Site Locations.--The Secretary of Defense shall select 
     five military installations in the United States where 
     existing models are successful.
       (i) Assessment of Possible Expansion.--A grantee shall 
     assess the feasibility of expanding the current offering of 
     virtual training and career placement services to members of 
     the reserve components of the Armed Forces and covered 
     individuals outside the United States.
       (j) Duration.--The pilot grant program shall terminate on 
     September 30, 2026.
       (k) Report.--Not later than 180 days after the termination 
     of the pilot grant program, the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     includes--
       (1) a description of the pilot grant program, including a 
     description of specific activities carried out under this 
     section; and
       (2) the metrics and evaluations used to assess the 
     effectiveness of the pilot grant program.
       (l) Authorization of Appropriations.--
       (1) In general.--The amount authorized to be appropriated 
     by section 301 for operation and maintenance, as specified in 
     the funding table in section 4301, is increased by 
     $5,000,000, with the amount of such increase to be available 
     for the Army for other personnel support for the purpose of 
     carrying out the pilot grant program under this section.
       (2) Offset.--The amount of the increase specified in 
     paragraph (1) shall be offset by reducing on a pro rata basis 
     the accounts and funds for which amounts are authorized to be 
     appropriated by section 301 for operation and maintenance 
     (other than the other personnel support account of the Army).
       (m) Definitions.--In this section:
       (1) Covered individual.--The term ``covered individual'' 
     means--
       (A) a member of the Armed Forces participating in TAP; or
       (B) a spouse of a member described in subparagraph (A).
       (2) Military installation.--The term ``military 
     installation'' has the meaning given such term in section 
     2801 of title 10, United States Code.
       (3) TAP.--The term ``TAP'' means the transition assistance 
     program of the Department of Defense under sections 1142 and 
     1144 of title 10, United States Code.
                                 ______
                                 
  SA 6210. Mrs. GILLIBRAND (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 to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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 ON TRAINING GAPS OF COVERED PROVIDERS WITH 
                   RESPECT TO SCREENING AND TREATMENT OF MATERNAL 
                   MENTAL HEALTH CONDITIONS.

       (a) Study.--
       (1) In general.--The Secretary of Defense, acting through 
     the Assistant Secretary of Defense for Health Affairs, shall 
     conduct a study to identify gaps in the training of covered 
     providers with respect to the screening and treatment of 
     maternal mental health conditions.
       (2) Elements.--The study required under paragraph (1) shall 
     include--
       (A) an assessment of the level of experience of covered 
     providers with, and the attitudes of such providers on, the 
     screening, referral, and treatment of pregnant and postpartum 
     women with a mental health condition or substance use 
     disorder; and
       (B) recommendations for the training of covered providers, 
     considering any gaps in the training of such providers that 
     are identified in the study.
       (b) Report.--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 containing the findings of 
     the study conducted under subsection (a).
       (c) Covered Provider Defined.--In this section, the term 
     ``covered provider'' means a maternal health care provider or 
     behavioral health provider furnishing services at a military 
     medical treatment facility.
                                 ______
                                 
  SA 6211. Mrs. GILLIBRAND (for herself and Mr. Sasse) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself 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 S5734]]

of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 521, strike line 22 and all that follows 
     through page 522, line 14, and insert the following:
       (d) Post-award Employment Obligations.--Each scholarship 
     recipient, as a condition of receiving a scholarship under 
     the Program, shall enter into an agreement under which the 
     recipient agrees to work for a period equal to the length of 
     the scholarship, following receipt of the student's degree or 
     specialized program certification, in the cybersecurity 
     mission of--
       (1) an executive agency (as defined in section 105 of title 
     5, United States Code); or
       (2) Congress, including any agency, entity, office, or 
     commission established in the legislative branch.
       (e) Hiring Authority.--
       (1) Appointment in excepted service.--Notwithstanding any 
     provision of chapter 33 of title 5, United States Code, 
     governing appointments in the competitive service, a Federal 
     agency shall appoint in the excepted service an individual 
     who has completed the eligible degree program for which a 
     scholarship was awarded under the Program.
       (2) Noncompetitive conversion.--Except as provided in 
     paragraph (4), upon fulfillment of the service term, an 
     employee appointed under paragraph (1) may be converted 
     noncompetitively to term, career-conditional, or career 
     appointment.
       (3) Timing of conversion.--An agency may noncompetitively 
     convert a term employee appointed under paragraph (2) to a 
     career-conditional or career appointment before the term 
     appointment expires.
       (4) Authority to decline conversion.--An agency may decline 
     to make the noncompetitive conversion or appointment under 
     paragraph (2) for cause.
                                 ______
                                 
  SA 6212. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. PILOT PROGRAM TO REHABILITATE AND MODIFY HOMES OF 
                   DISABLED AND LOW-INCOME VETERANS.

       Section 1079 of the Carl Levin and Howard P. ``Buck'' 
     McKeon National Defense Authorization Act for Fiscal Year 
     2015 (38 U.S.C. 2101 note; Public Law 113-291) is amended--
       (1) in subsection (a)(7), by striking ``or statewide'' and 
     inserting ``, regional, statewide, or local''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(C)--
       (i) in the subparagraph heading, by striking ``Maximum 
     grant'' and inserting ``Grant amount''; and
       (ii) by striking ``not exceed $1,000,000'' and inserting 
     ``be not less than $250,000 and not more than $1,500,000''; 
     and
       (B) paragraph (6)(A), by striking ``50'' and inserting 
     ``25''.
                                 ______
                                 
  SA 6213. Ms. WARREN (for herself, Mr. King, Mr. Durbin, 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:

      TITLE _____--DIGITAL ASSET SANCTIONS COMPLIANCE ENHANCEMENT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Digital Asset Sanctions 
     Compliance Enhancement Act of 2022''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the majority and 
     minority leaders of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the speaker, the majority leader, and 
     the minority leader of the House of Representatives.
       (2) Digital assets.--The term ``digital assets'' means any 
     digital representation of value, financial assets and 
     instruments, or claims that are used to make payments or 
     investments, or to transmit or exchange funds or the 
     equivalent thereof, that are issued or represented in digital 
     form through the use of distributed ledger technology.
       (3) Digital asset trading platform.--The term ``digital 
     asset trading platform'' means a person, or group of persons, 
     that operates as an exchange or other trading facility for 
     the purchase, sale, lending, or borrowing of digital assets.
       (4) Digital asset transaction facilitator.--The term 
     ``digital asset transaction facilitator'' means--
       (A) any person, or group of persons, that significantly and 
     materially facilitates the purchase, sale, lending, 
     borrowing, exchange, custody, holding, validation, or 
     creation of digital assets on the account of others, 
     including any communication protocol, decentralized finance 
     technology, smart contract, or other software, including 
     open-source computer code--
       (i) deployed through the use of distributed ledger or any 
     similar technology; and
       (ii) that provides a mechanism for multiple users to 
     purchase, sell, lend, borrow, or trade digital assets; and
       (B) any person, or group of persons, that the Secretary of 
     the Treasury otherwise determines to be significantly and 
     materially facilitating digital assets transactions in 
     violation of sanctions.
       (5) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. __03. IMPOSITION OF SANCTIONS WITH RESPECT TO THE USE OF 
                   DIGITAL ASSETS TO FACILITATE TRANSACTIONS BY 
                   RUSSIAN PERSONS SUBJECT TO SANCTIONS.

       (a) Report Required.--Not later than 90 days after the date 
     of enactment of this Act, and periodically thereafter as 
     necessary, the President shall submit to Congress a report 
     identifying any foreign person that--
       (1) operates a digital asset trading platform or is a 
     digital asset transaction facilitator; and
       (2)(A) has significantly and materially assisted, 
     sponsored, or provided financial, material, or technological 
     support for, or goods or services to or in support of any 
     person with respect to which sanctions have been imposed by 
     the United States relating to the Russian Federation, 
     including by facilitating transactions that evade such 
     sanctions; or
       (B) is owned or controlled by, or acting or purporting to 
     act for or on behalf of, any person with respect to which 
     sanctions have been imposed by the United States relating to 
     the Russian Federation.
       (b) Imposition of Sanctions.--The President may exercise 
     all of the powers granted to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in property and interests in property of a 
     foreign person identified in a report submitted under 
     subsection (a) if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702, 
     1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (d) National Security Waiver.--The President may waive the 
     imposition of sanctions under this section with respect to a 
     person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to Congress a notification of the waiver and 
     the reasons for the waiver.
       (e) Exceptions.--
       (1) Exception for intelligence activities.--This section 
     shall not apply with respect to activities subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     subsection (b) shall not include the authority or a 
     requirement to impose sanctions on the importation of goods.
       (B) Good.--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.

[[Page S5735]]

  


     SEC. __04. DISCRETIONARY PROHIBITION OF TRANSACTIONS.

       The Secretary of the Treasury may require that no digital 
     asset trading platform or digital asset transaction 
     facilitator that does business in the United States transact 
     with, or fulfill transactions of, digital asset addresses 
     that are known to be, or could reasonably be known to be, 
     affiliated with persons headquartered or domiciled in the 
     Russian Federation if the Secretary--
       (1) determines that exercising such authority is important 
     to the national interest of the United States; and
       (2) not later than 90 days after exercising the authority 
     described in paragraph (1), submits to the appropriate 
     congressional committees and leadership a report on the basis 
     for any determination under that paragraph.

     SEC. __05. TRANSACTION REPORTING.

       Not later than 120 days after the date of enactment of this 
     Act, the Financial Crimes Enforcement Network shall require 
     United States persons engaged in a transaction with a value 
     greater than $10,000 in digital assets through 1 or more 
     accounts outside of the United States to file a report 
     described in section 1010.350 of title 31, Code of Federal 
     Regulations, using the form described in that section, in 
     accordance with section 5314 of title 31, United States Code.

     SEC. __06. REPORTS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit to the appropriate congressional committees and 
     leadership a report on the progress of the Department of the 
     Treasury in carrying out this title, including any resources 
     needed by the Department to improve implementation and 
     progress in coordinating with governments of countries that 
     are allies or partners of the United States.
       (b) Other Reports.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, and every year thereafter, the 
     Secretary of the Treasury shall submit to the appropriate 
     congressional committees and leadership and make publicly 
     available a report identifying the digital asset trading 
     platforms that the Office of Foreign Assets Control of the 
     Department of the Treasury determines to be high risk for 
     sanctions evasion, money laundering, or other illicit 
     activities.
       (2) Petition.--Any exchange included in a report submitted 
     under paragraph (1) may petition the Office of Foreign Assets 
     Control for removal, which shall be granted upon 
     demonstrating that the exchange is taking steps sufficient to 
     comply with applicable United States law.
                                 ______
                                 
  SA 6214. Mr. LEAHY (for himself, Mr. Lee, Ms. Baldwin, Mr. 
Blumenthal, Mr. Cramer, Ms. Hirono, Mr. Markey, and 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:

            Subtitle H--FISA Amici Curiae Reform Act of 2022

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``FISA Amici Curiae 
     Reform Act of 2022''.

     SEC. 1082. AMENDMENTS TO THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.).

     SEC. 1083. APPOINTMENT OF AMICI CURIAE AND ACCESS TO 
                   INFORMATION.

       (a) Expansion of Appointment Authority.--
       (1) In general.--Section 103(i)(2) (50 U.S.C. 1803(i)(2)) 
     is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) shall appoint 1 or more individuals who have been 
     designated under paragraph (1), not fewer than 1 of whom 
     possesses privacy and civil liberties expertise, unless the 
     court finds that such a qualification is inappropriate, to 
     serve as amicus curiae to assist the court in the 
     consideration of any application or motion for an order or 
     review that, in the opinion of the court--
       ``(i) presents a novel or significant interpretation of the 
     law, unless the court issues a finding that such appointment 
     is not appropriate;
       ``(ii) presents significant concerns with respect to the 
     activities of a United States person that are protected by 
     the first amendment to the Constitution of the United States, 
     unless the court issues a finding that such appointment is 
     not appropriate;
       ``(iii) presents or involves a sensitive investigative 
     matter, unless the court issues a finding that such 
     appointment is not appropriate;
       ``(iv) presents a request for approval of a new program, a 
     new technology, or a new use of existing technology, unless 
     the court issues a finding that such appointment is not 
     appropriate;
       ``(v) presents a request for reauthorization of 
     programmatic surveillance, unless the court issues a finding 
     that such appointment is not appropriate; or
       ``(vi) otherwise presents novel or significant civil 
     liberties issues, unless the court issues a finding that such 
     appointment is not appropriate; and''; and
       (B) in subparagraph (B), by striking ``an individual or 
     organization'' each place the term appears and inserting ``1 
     or more individuals or organizations''.
       (2) Definition of sensitive investigative matter.--Section 
     103(i) (50 U.S.C. 1803(i)) is amended by adding at the end 
     the following:
       ``(12) Definition.--In this subsection, the term `sensitive 
     investigative matter' means--
       ``(A) an investigative matter involving the activities of--
       ``(i) a domestic public official or political candidate, or 
     an individual serving on the staff of such an official or 
     candidate;
       ``(ii) a domestic religious or political organization, or a 
     known or suspected United States person prominent in such an 
     organization; or
       ``(iii) the domestic news media; or
       ``(B) any other investigative matter involving a domestic 
     entity or a known or suspected United States person that, in 
     the judgment of the applicable court established under 
     subsection (a) or (b), is as sensitive as an investigative 
     matter described in subparagraph (A).''.
       (b) Authority To Seek Review.--Section 103(i) (50 U.S.C. 
     1803(i)), as amended by subsection (a) of this section, is 
     amended--
       (1) in paragraph (4)--
       (A) in the paragraph heading, by inserting ``; authority'' 
     after ``Duties'';
       (B) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and adjusting the 
     margins accordingly;
       (C) in the matter preceding clause (i), as so designated, 
     by striking ``the amicus curiae shall'' and inserting the 
     following: ``the amicus curiae--
       ``(A) shall'';
       (D) in subparagraph (A)(i), as so designated, by inserting 
     before the semicolon at the end the following: ``, including 
     legal arguments regarding any privacy or civil liberties 
     interest of any United States person that would be 
     significantly impacted by the application or motion''; and
       (E) by striking the period at the end and inserting the 
     following: ``; and
       ``(B) may seek leave to raise any novel or significant 
     privacy or civil liberties issue relevant to the application 
     or motion or other issue directly impacting the legality of 
     the proposed electronic surveillance with the court, 
     regardless of whether the court has requested assistance on 
     that issue.'';
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (8) through (13), respectively; and
       (3) by inserting after paragraph (6) the following:
       ``(7) Authority to seek review of decisions.--
       ``(A) FISA court decisions.--
       ``(i) Petition.--Following issuance of an order under this 
     Act by the Foreign Intelligence Surveillance Court, an amicus 
     curiae appointed under paragraph (2) may petition the Foreign 
     Intelligence Surveillance Court to certify for review to the 
     Foreign Intelligence Surveillance Court of Review a question 
     of law pursuant to subsection (j).
       ``(ii) Written statement of reasons.--If the Foreign 
     Intelligence Surveillance Court denies a petition under this 
     subparagraph, the Foreign Intelligence Surveillance Court 
     shall provide for the record a written statement of the 
     reasons for the denial.
       ``(iii) Appointment.--Upon certification of any question of 
     law pursuant to this subparagraph, the Court of Review shall 
     appoint the amicus curiae to assist the Court of Review in 
     its consideration of the certified question, unless the Court 
     of Review issues a finding that such appointment is not 
     appropriate.
       ``(B) FISA court of review decisions.--An amicus curiae 
     appointed under paragraph (2) may petition the Foreign 
     Intelligence Surveillance Court of Review to certify for 
     review to the Supreme Court of the United States any question 
     of law pursuant to section 1254(2) of title 28, United States 
     Code.
       ``(C) Declassification of referrals.--For purposes of 
     section 602, a petition filed under subparagraph (A) or (B) 
     of this paragraph and all of its content shall be considered 
     a decision, order, or opinion issued by the Foreign 
     Intelligence Surveillance Court or the Foreign Intelligence 
     Surveillance Court of Review described in paragraph (2) of 
     section 602(a).''.
       (c) Access to Information.--
       (1) Application and materials.--Section 103(i)(6) (50 
     U.S.C. 1803(i)(6)) is amended by striking subparagraph (A) 
     and inserting the following:
       ``(A) In general.--
       ``(i) Right of amicus.--If a court established under 
     subsection (a) or (b) appoints an amicus curiae under 
     paragraph (2), the amicus curiae--

       ``(I) shall have access, to the extent such information is 
     available to the Government, to--

       ``(aa) the application, certification, petition, motion, 
     and other information and supporting materials, including any 
     information described in section 901, submitted to the

[[Page S5736]]

     Foreign Intelligence Surveillance Court in connection with 
     the matter in which the amicus curiae has been appointed, 
     including access to any relevant legal precedent (including 
     any such precedent that is cited by the Government, including 
     in such an application);
       ``(bb) an unredacted copy of each relevant decision made by 
     the Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review in which the court 
     decides a question of law, without regard to whether the 
     decision is classified; and
       ``(cc) any other information or materials that the court 
     determines are relevant to the duties of the amicus curiae; 
     and

       ``(II) may make a submission to the court requesting access 
     to any other particular materials or information (or category 
     of materials or information) that the amicus curiae believes 
     to be relevant to the duties of the amicus curiae.

       ``(ii) Supporting documentation regarding accuracy.--The 
     Foreign Intelligence Surveillance Court, upon the motion of 
     an amicus curiae appointed under paragraph (2) or upon its 
     own motion, may require the Government to make available the 
     supporting documentation described in section 902.''.
       (2) Clarification of access to certain information.--
     Section 103(i)(6) (50 U.S.C. 1803(i)(6)) is amended--
       (A) in subparagraph (B), by striking ``may'' and inserting 
     ``shall''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Classified information.--An amicus curiae designated 
     or appointed by the court shall have access, to the extent 
     such information is available to the Government, to 
     unredacted copies of each opinion, order, transcript, 
     pleading, or other document of the Foreign Intelligence 
     Surveillance Court and the Foreign Intelligence Surveillance 
     Court of Review, including, if the individual is eligible for 
     access to classified information, any classified documents, 
     information, and other materials or proceedings.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     shall apply with respect to proceedings under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) that take place on or after, or are pending on, that 
     date.

     SEC. 1084. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, 
                   AND OPINIONS.

       (a) Matters Covered.--Section 602 (50 U.S.C. 1872) is 
     amended--
       (1) by striking ``Subject to subsection (b)'' and inserting 
     ``(1) Subject to subsection (b)'';
       (2) by striking ``includes a significant'' and all that 
     follows through ``, and,'' and inserting ``is described in 
     paragraph (2) and,''; and
       (3) by adding at the end the following:
       ``(2) The decisions, orders, or opinions issued by the 
     Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review described in this 
     paragraph are such decisions, orders, or opinions that--
       ``(A) include a significant construction or interpretation 
     of any provision of law, including any novel or significant 
     construction or interpretation of the term `specific 
     selection term'; or
       ``(B) result from--
       ``(i) a proceeding in which an amicus curiae has been 
     appointed pursuant to section 103(i);
       ``(ii) a proceeding in the Foreign Intelligence Court of 
     Review resulting from the petition of an amicus curiae under 
     section 103(i)(7); or
       ``(iii) a proceeding in which an amicus curiae could have 
     been appointed pursuant to section 103(i)(2)(A).''.
       (b) Application of Requirement.--
       (1) In general.--Section 602 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1872), as amended by this 
     section, shall apply with respect to each decision, order, or 
     opinion issued by the Foreign Intelligence Surveillance Court 
     or the Foreign Intelligence Surveillance Court of Review 
     before, on, or after the date of enactment of that section.
       (2) Past decisions, orders, and opinions.--With respect to 
     each decision, order, or opinion described in paragraph (1) 
     that was issued before or on the date of enactment referred 
     to in that paragraph, the Director of National Intelligence 
     shall complete the declassification review and public release 
     of the decision, order, or opinion pursuant to section 602 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1872) by not later than 1 year after the date of enactment of 
     this Act.

     SEC. 1085. DISCLOSURE OF RELEVANT INFORMATION; CERTIFICATION 
                   REGARDING ACCURACY PROCEDURES.

       (a) Disclosure of Relevant Information.--
       (1) In general.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
     end the following:

             ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION

     ``SEC. 901. DISCLOSURE OF RELEVANT INFORMATION.

       ``The Attorney General or any other Federal officer making 
     an application for a court order under this Act shall provide 
     the court with--
       ``(1) all information in the possession of the Government 
     that is material to determining whether the application 
     satisfies the applicable requirements under this Act, 
     including any exculpatory information; and
       ``(2) all information in the possession of the Government 
     that might reasonably--
       ``(A) call into question the accuracy of the application or 
     the reasonableness of any assessment in the application 
     conducted by the department or agency on whose behalf the 
     application is made; or
       ``(B) otherwise raise doubts with respect to the findings 
     that are required to be made under the applicable provision 
     of this Act in order for the court order to be issued.''.
       (2) Technical amendment.--The table of contents of the 
     Foreign Intelligence Surveillance Act of 1978 is amended by 
     adding at the end the following:

             ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION

``Sec. 901. Disclosure of relevant information.''.
       (b) Certification Regarding Accuracy Procedures.--
       (1) In general.--Title IX of the Foreign Intelligence 
     Surveillance Act of 1978, as added by subsection (a), is 
     amended by adding at the end the following:

     ``SEC. 902. CERTIFICATION REGARDING ACCURACY PROCEDURES.

       ``(a) Definition.--In this section, the term `accuracy 
     procedures' means specific procedures, adopted by the 
     Attorney General, to ensure that an application for a court 
     order under this Act, including any application for renewal 
     of an existing order, is accurate and complete, including 
     procedures that ensure, at a minimum, that--
       ``(1) the application reflects all information that might 
     reasonably call into question the accuracy of the information 
     or the reasonableness of any assessment in the application, 
     or otherwise raises doubts about the requested findings;
       ``(2) the application reflects all material information 
     that might reasonably call into question the reliability and 
     reporting of any information from a confidential human source 
     that is used in the application;
       ``(3) a complete file documenting each factual assertion in 
     an application is maintained;
       ``(4) the applicant coordinates with the appropriate 
     elements of the intelligence community (as defined in section 
     3 of the National Security Act of 1947 (50 U.S.C. 3003)), 
     concerning any prior or existing relationship with the target 
     of any surveillance, search, or other means of investigation, 
     and discloses any such relationship in the application;
       ``(5) before any application targeting a United States 
     person is made, the applicant Federal officer shall document 
     that the officer has collected and reviewed for accuracy and 
     completeness supporting documentation for each factual 
     assertion in the application; and
       ``(6) the applicant Federal agency establish compliance and 
     auditing mechanisms on an annual basis to assess the efficacy 
     of the accuracy procedures that have been adopted and report 
     such findings to the Attorney General.
       ``(b) Statement and Certification of Accuracy Procedures.--
     Any Federal officer making an application for a court order 
     under this Act shall include with the application--
       ``(1) a description of the accuracy procedures employed by 
     the officer or the officer's designee; and
       ``(2) a certification that the officer or the officer's 
     designee has collected and reviewed for accuracy and 
     completeness--
       ``(A) supporting documentation for each factual assertion 
     contained in the application;
       ``(B) all information that might reasonably call into 
     question the accuracy of the information or the 
     reasonableness of any assessment in the application, or 
     otherwise raises doubts about the requested findings; and
       ``(C) all material information that might reasonably call 
     into question the reliability and reporting of any 
     information from any confidential human source that is used 
     in the application.
       ``(c) Necessary Finding for Court Orders.--A judge may not 
     enter an order under this Act unless the judge finds, in 
     addition to any other findings required under this Act, that 
     the accuracy procedures described in the application for the 
     order, as required under subsection (b)(1), are actually 
     accuracy procedures as defined in this section.''.
       (2) Technical amendment.--The table of contents of the 
     Foreign Intelligence Surveillance Act of 1978, as amended by 
     subsection (a), is amended by inserting after the item 
     relating to section 901 the following:

``Sec. 902. Certification regarding accuracy procedures.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     shall apply with respect to applications under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) that are made on or after, or are pending on, that 
     date.

     SEC. 1086. ANNUAL REPORTING ON ACCURACY AND COMPLETENESS OF 
                   APPLICATIONS.

       Section 603 (50 U.S.C. 1873) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Annual Report by DOJ Inspector General on Accuracy 
     and Completeness of Applications.--

[[Page S5737]]

       ``(1) Definition of appropriate committees of congress.--In 
     this subsection, the term `appropriate committees of 
     Congress' means--
       ``(A) the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate; and
       ``(B) the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(2) Report.--In April of each year, the Inspector General 
     of the Department of Justice shall submit to the appropriate 
     committees of Congress and make public, subject to a 
     declassification review, a report setting forth, with respect 
     to the preceding calendar year, the following:
       ``(A) A summary of all accuracy or completeness reviews of 
     applications submitted to the Foreign Intelligence 
     Surveillance Court by the Federal Bureau of Investigation.
       ``(B) The total number of applications reviewed for 
     accuracy or completeness.
       ``(C) The total number of material errors or omissions 
     identified during such reviews.
       ``(D) The total number of nonmaterial errors or omissions 
     identified during such reviews.
       ``(E) The total number of instances in which facts 
     contained in an application were not supported by 
     documentation that existed in the applicable file being 
     reviewed at the time of the accuracy review.''.
                                 ______
                                 
  SA 6215. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. PRIORITIZATION OF MILITARY READINESS ON DEPARTMENT 
                   OF DEFENSE LAND ON GUAM.

       No Federal funds may be used to execute the memorandum of 
     agreement between the Department of the Navy and the United 
     States Fish and Wildlife Service regarding conservation of 
     Guam Micronesian kingfisher recovery habitat in Northern 
     Guam, dated June 11, 2015, the modification to such 
     memorandum of agreement dated December 22, 2015, or any 
     subsequent modification to such memorandum of agreement.
                                 ______
                                 
  SA 6216. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. PRIORITIZATION OF MILITARY READINESS ON DEPARTMENT 
                   OF DEFENSE LAND ON GUAM.

       No Federal funds may be used to execute the memorandum of 
     agreement between the Department of the Navy and the United 
     States Fish and Wildlife Service regarding conservation of 
     Guam Micronesian kingfisher recovery habitat in Northern 
     Guam, dated June 11, 2015, the modification to such 
     memorandum of agreement dated December 22, 2015, or any 
     subsequent modification to such memorandum of agreement.
                                 ______
                                 
  SA 6217. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. ___. GAO REPORT ON ALTERNATIVE MODELING FOR LOCALITY PAY 
                   FORMULATIONS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on Homeland Security of the House of 
     Representatives; and
       (F) the Committee on Appropriations of the House of 
     Representatives.
       (2) Locality pay formula.--The term ``locality pay 
     formula'' means the methodology used to determine the amount 
     of locality-based comparability payments paid under section 
     5304 of title 5, United States Code.
       (3) Pay locality.--The term ``pay locality'' has the 
     meaning given the term in section 5302 of title 5, United 
     States Code.
       (b) 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 the appropriate congressional 
     committees a report that assesses potential alternative 
     modeling for the locality pay formula.
       (2) Contents.--The report required under paragraph (1) 
     shall include an assessment of the following:
       (A) The costs of changing the boundaries of pay localities 
     to reflect recent (as of the date on which the report is 
     submitted) updates to the delineations of metropolitan 
     statistical areas and combined statistical areas by the 
     Office of Management and Budget.
       (B) The methodology used by the Bureau of Labor Statistics 
     in conducting the surveys described in section 5304(d)(1)(A) 
     of title 5, United States Code, with the objective of 
     improving the validity of those surveys to reflect market 
     sensitivity.
       (C) The impact of increasing the sample size in the 
     locality pay formula to account for jobs by occupation.
       (D) The consideration of human capital data, such as 
     attrition data, in the locality pay formula to determine the 
     effects of statistically-modeled salary estimates.
       (E) Whether and how the locality pay formula should account 
     for--
       (i) the impact of quickly rising housing costs in 
     establishing or modifying pay localities; and
       (ii) the impact of the cost of major benefits, such as 
     health insurance and pensions, and disparities in total 
     Federal and non-Federal compensation, when establishing or 
     modifying pay localities.
                                 ______
                                 
  SA 6218. Mr. ROMNEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. ___. GAO REPORT ON ALTERNATIVE MODELING FOR LOCALITY PAY 
                   FORMULATIONS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on Homeland Security of the House of 
     Representatives; and
       (F) the Committee on Appropriations of the House of 
     Representatives.
       (2) Locality pay formula.--The term ``locality pay 
     formula'' means the methodology used to determine the amount 
     of locality-based comparability payments paid under section 
     5304 of title 5, United States Code.
       (3) Pay locality.--The term ``pay locality'' has the 
     meaning given the term in section 5302 of title 5, United 
     States Code.
       (b) 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 the appropriate congressional 
     committees a report that assesses potential alternative 
     modeling for the locality pay formula.
       (2) Contents.--The report required under paragraph (1) 
     shall include an assessment of the following:
       (A) The costs of changing the boundaries of pay localities 
     to reflect recent (as of the date on which the report is 
     submitted) updates to the delineations of metropolitan 
     statistical areas and combined statistical areas by the 
     Office of Management and Budget.
       (B) The methodology used by the Bureau of Labor Statistics 
     in conducting the surveys described in section 5304(d)(1)(A) 
     of title 5, United States Code, with the objective of 
     improving the validity of those surveys to reflect market 
     sensitivity.
       (C) The impact of increasing the sample size in the 
     locality pay formula to account for jobs by occupation.
       (D) The consideration of human capital data, such as 
     attrition data, in the locality pay formula to determine the 
     effects of statistically-modeled salary estimates.
       (E) Whether and how the locality pay formula should account 
     for--

[[Page S5738]]

       (i) the impact of quickly rising housing costs in 
     establishing or modifying pay localities; and
       (ii) the impact of the cost of major benefits, such as 
     health insurance and pensions, and disparities in total 
     Federal and non-Federal compensation, when establishing or 
     modifying pay localities.
                                 ______
                                 
  SA 6219. 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 title XII, insert the following:

            Subtitle G--International Pandemic Preparedness

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``International Pandemic 
     Preparedness and COVID-19 Response Act of 2022''.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on 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.
       (2) Global health security agenda; ghsa.--The terms 
     ``Global Health Security Agenda'' and ``GHSA'' mean the 
     multi-sectoral initiative launched in 2014, and renewed in 
     2018, that brings together countries, regions, international 
     organizations, nongovernmental organizations, and the private 
     sector--
       (A) to elevate global health security as a national-level 
     priority;
       (B) to share best practices; and
       (C) to facilitate national capacity to comply with and 
     adhere to--
       (i) the International Health Regulations (2005);
       (ii) the international standards and guidelines established 
     by the World Organisation for Animal Health;
       (iii) United Nations Security Council Resolution 1540 
     (2004);
       (iv) the Convention on the Prohibition of the Development, 
     Production and Stockpiling of Bacteriological and Toxin 
     Weapons and on their Destruction, done at Washington, London, 
     and Moscow, April 10, 1972 (commonly referred to as the 
     ``Biological Weapons Convention'');
       (v) the Global Health Security Agenda 2024 Framework; and
       (vi) other relevant frameworks that contribute to global 
     health security.
       (3) Global health security index .--The term ``Global 
     Health Security Index'' means the comprehensive assessment 
     and benchmarking of health security and related capabilities 
     across the countries that make up the States Parties to the 
     International Health Regulations (2005).
       (4) Global health security initiative.--The term ``Global 
     Health Security Initiative'' means the informal network of 
     countries and organizations that came together in 2001, to 
     undertake concerted global action to strengthen public health 
     preparedness and response to chemical, biological, 
     radiological, and nuclear threats, including pandemic 
     influenza.
       (5) IHR (2005) monitoring and evaluation framework.--The 
     term ``IHR (2005) Monitoring and Evaluation Framework'' means 
     the framework through which the World Health Organization and 
     the State Parties to the International Health Regulations, as 
     amended in 2005, review, measure, and assess core country 
     public health capacities and ensure mutual accountability for 
     global health security under the International Health 
     Regulations (2005), including through the Joint External 
     Evaluations, simulation exercises, and after-action reviews.
       (6) Joint external evaluation.--The term ``Joint External 
     Evaluation'' means the voluntary, collaborative, multi-
     sectoral process facilitated by the World Health 
     Organization--
       (A) to assess country capacity to prevent, detect, and 
     rapidly respond to public health risks occurring naturally or 
     due to deliberate or accidental events;
       (B) to assess progress in achieving the targets under the 
     International Health Regulations (2005); and
       (C) to recommend priority actions.
       (7) Key stakeholders.--The term ``key stakeholders'' means 
     actors engaged in efforts to advance global health security 
     programs and objectives, including--
       (A) national and local governments in partner countries;
       (B) other bilateral donors;
       (C) international, regional, and local organizations, 
     including private, voluntary, nongovernmental, and civil 
     society organizations, including faith-based and indigenous 
     organizations;
       (D) international, regional, and local financial 
     institutions;
       (E) representatives of historically marginalized groups, 
     including women, youth, and indigenous peoples;
       (F) the private sector, including medical device, 
     technology, pharmaceutical, manufacturing, logistics, and 
     other relevant companies; and
       (G) public and private research and academic institutions.
       (8) One health approach.--The term ``One Health approach'' 
     means the collaborative, multi-sectoral, and 
     transdisciplinary approach toward achieving optimal health 
     outcomes in a manner that recognizes the interconnection 
     between people, animals, plants, and their shared 
     environment.
       (9) Pandemic preparedness.--The term ``pandemic 
     preparedness'' refers to the actions taken to establish and 
     sustain the capacity and capabilities necessary to rapidly 
     identify, prevent, protect against, and respond to the 
     emergence, reemergence, and spread of pathogens of pandemic 
     potential.
       (10) Partner country.--The term ``partner country'' means a 
     foreign country in which the relevant Federal departments and 
     agencies are implementing United States foreign assistance 
     for global health security and pandemic prevention and 
     preparedness under this section.
       (11) Relevant federal departments and agencies.--The term 
     ``relevant Federal departments and agencies'' means any 
     Federal department or agency implementing United States 
     policies and programs relevant to the advancement of United 
     States global health security and diplomacy overseas, which 
     may include--
       (A) the Department of State;
       (B) the United States Agency for International Development;
       (C) the Department of Health and Human Services;
       (D) the Department of Defense;
       (E) the Defense Threat Reduction Agency;
       (F) the Millennium Challenge Corporation;
       (G) the Development Finance Corporation;
       (H) the Peace Corps; and
       (I) any other department or agency that the President 
     determines to be relevant for these purposes.
       (12) Resilience.--The term ``resilience'' means the ability 
     of people, households, communities, systems, institutions, 
     countries, and regions to reduce, mitigate, withstand, adapt 
     to, and quickly recover from shocks and stresses in a manner 
     that reduces chronic vulnerability to the emergence, 
     reemergence, and spread of pathogens of pandemic potential 
     and facilitates inclusive growth.
       (13) Respond and response.--The terms ``respond'' and 
     ``response'' mean the actions taken to counter an infectious 
     disease.
       (14) USAID.--The term ``USAID'' means the United States 
     Agency for International Development.

     SEC. 1283. ENHANCING THE UNITED STATES' INTERNATIONAL 
                   RESPONSE TO THE COVID-19 PANDEMIC.

       (a) Statement of Policy Regarding International Cooperation 
     to End the COVID-19 Pandemic.--It is the policy of the United 
     States to lead and implement a comprehensive and coordinated 
     international response to end the COVID-19 pandemic in a 
     manner that recognizes the critical role that multilateral 
     and regional organizations can and should play in pandemic 
     prevention, preparedness, and response, including by--
       (1) seeking adoption of a United Nations Security Council 
     resolution that--
       (A) declares pandemics, including the COVID-19 pandemic, to 
     be threats to international peace and security; and
       (B) urges member states to address such threats by aligning 
     their health preparedness plans with international best 
     practices, including practices established by the Global 
     Health Security Agenda, to improve country capacity to 
     prevent, detect, and respond to infectious disease threats of 
     pandemic potential;
       (2) advancing efforts to reform the World Health 
     Organization to serve as an effective, normative, and 
     coordinating body that is capable of aligning member 
     countries around a strategic operating plan to detect, 
     contain, treat, and deter the further spread of COVID-19;
       (3) providing timely, appropriate levels of financial 
     support to United Nations agencies, multilateral facilities, 
     and other partners responding to the COVID-19 pandemic;
       (4) prioritizing United States foreign assistance for the 
     COVID-19 response in the world's most vulnerable countries 
     and regions;
       (5) encouraging other donor governments to similarly 
     increase contributions to the United Nations agencies, 
     multilateral facilities, and other partners responding to the 
     COVID-19 pandemic in the world's poorest and most vulnerable 
     countries;
       (6) working with key stakeholders to accelerate progress 
     toward meeting and exceeding, as practicable, global COVID-19 
     vaccination goals;
       (7) engaging with key overseas stakeholders, including 
     through multilateral facilities such as the COVID-19 Vaccines 
     Global Access initiative (referred to in this section as 
     ``COVAX'') and the Access to COVID-19 Tools (ACT) Accelerator 
     initiative;
       (8) expanding bilateral efforts, including through the 
     United States International Development Finance Corporation, 
     to accelerate the development, manufacturing, local

[[Page S5739]]

     production, and efficient and equitable distribution of--
       (A) vaccines and related raw materials to meet or exceed 
     the vaccination goals referred to in paragraph (6); and
       (B) global health commodities, including supplies to combat 
     COVID-19 and to help immediately disrupt the transmission of 
     SARS-CoV-2;
       (9) supporting global COVID-19 vaccine distribution 
     strategies that--
       (A) strengthen underlying health systems for global health 
     security and pandemic prevention, preparedness, and response; 
     and
       (B) ensure that people living in vulnerable and 
     marginalized communities, including women, do not face undue 
     barriers to vaccination;
       (10) working with key stakeholders, including the World 
     Bank Group, the United Nations, the International Monetary 
     Fund, the United States International Development Finance 
     Corporation, and other relevant regional and bilateral 
     financial institutions, to address the economic and financial 
     implications of the COVID-19 pandemic, while taking into 
     account the differentiated needs of disproportionately 
     affected, vulnerable, and marginalized populations;
       (11) entering into discussions with vaccine manufacturing 
     companies to support partnerships, with the goal of ensuring 
     adequate global supply of vaccines, which may include 
     necessary components and raw materials;
       (12) establishing clear timelines, benchmarks, and goals 
     for COVID-19 response strategies and activities under this 
     section; and
       (13) generating commitments of resources in support of the 
     vaccination goals referred to in paragraph (6).
       (b) Global COVID-19 Vaccine Distribution and Delivery.--
       (1) Accelerating global vaccine distribution strategy.--The 
     President shall develop a strategy to expand access to, and 
     accelerate the global distribution of, COVID-19 vaccines to 
     other countries. This strategy shall--
       (A) identify the countries that--
       (i) have the highest infection and death rates due to 
     COVID-19;
       (ii) have the lowest COVID-19 vaccination rates; and
       (iii) face the most difficult political, logistical, and 
     financial challenges to obtaining and delivering COVID-19 
     vaccines;
       (B) describe the basis and metrics used to identify the 
     countries described in subparagraph (A);
       (C) identify which countries and regions will be 
     prioritized and targeted for COVID-19 vaccine delivery, and 
     the rationale for such prioritization;
       (D) describe efforts that the United States is making to 
     increase COVID-19 vaccine manufacturing capacity, both 
     domestically and internationally, as appropriate, through 
     support for the establishment or refurbishment of regional 
     manufacturing hubs in South America, Southern Africa, and 
     South Asia, including through the provision of international 
     development finance;
       (E) estimate when, how many, and which types of vaccines 
     will be provided by the United States Government bilaterally 
     and through COVAX;
       (F) describe efforts to encourage international partners to 
     take actions similar to the efforts referred to in 
     subparagraph (D);
       (G) describe how the United States Government will ensure 
     the efficient delivery of COVID-19 vaccines to intended 
     recipients, including United States citizens residing 
     overseas;
       (H) identify complementary United States foreign assistance 
     that will facilitate vaccine readiness, distribution, 
     delivery, monitoring, and administration activities;
       (I) describe how the United States Government will ensure 
     the efficient delivery and administration of COVID-19 
     vaccines to United States citizens residing overseas, 
     including through the donation of vaccine doses to United 
     States embassies and consulates, as appropriate, giving 
     priority to--
       (i) countries in which United States citizens are deemed 
     ineligible or low priority in the national vaccination 
     deployment plan; and
       (ii) countries that are not presently distributing a COVID-
     19 vaccine that--

       (I) has been licensed or authorized for emergency use by 
     the Food and Drug Administration; or
       (II) has met the necessary criteria for safety and efficacy 
     established by the World Health Organization;

       (J) summarize the United States Government's efforts to 
     encourage and facilitate technology sharing and the licensing 
     of intellectual property, to the extent necessary, to support 
     the adequate and timely supply of vaccines and vaccine 
     components to meet the vaccination goals specified in 
     subsection (a)(6), giving due consideration to avoiding 
     undermining intellectual property innovation and intellectual 
     property rights protections with respect to vaccine 
     development;
       (K) describe the roles, responsibilities, tasks, and, as 
     appropriate, the authorities of the Secretary of State, the 
     USAID Administrator, the Secretary of Health and Human 
     Services, the Director of the Centers for Disease Control and 
     Prevention, the Chief Executive Officer of the United States 
     International Development Finance Corporation, and the heads 
     of other relevant Federal departments and agencies with 
     respect to the implementation of the strategy;
       (L) describe how the Department of State and USAID will 
     coordinate with the Secretary of Health and Human Services 
     and the heads of other relevant Federal agencies--
       (i) to expedite the export and distribution of Federally 
     purchased vaccines to countries in need; and
       (ii) to ensure that such vaccines will not be wasted;
       (M) summarize the United States public diplomacy strategies 
     for branding and addressing vaccine misinformation and 
     hesitancy within partner countries; and
       (N) describe efforts that the United States is making to 
     help countries disrupt the current transmission of COVID-19, 
     utilizing medical products and medical supplies.
       (2) Submission of strategy.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit the strategy described in paragraph (1) to--
       (A) the appropriate congressional committees;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate; and
       (C) the Committee on Energy and Commerce of the House of 
     Representatives.
       (c) Leveraging United States Bilateral Global Health 
     Programs for the International COVID-19 Response.--Amounts 
     appropriated or otherwise made available to carry out section 
     104 of the Foreign Assistance Act (22 U.S.C. 2151b) may be 
     used in countries receiving United States foreign 
     assistance--
       (1) to combat the COVID-19 pandemic, including through the 
     sharing of COVID-19 vaccines; and
       (2) to support related activities, including--
       (A) strengthening vaccine readiness;
       (B) reducing vaccine hesitancy and misinformation;
       (C) delivering and administering COVID-19 vaccines;
       (D) strengthening health systems and global supply chains 
     as necessary for global health security and pandemic 
     preparedness, prevention, and response;
       (E) supporting global health workforce planning, training, 
     and management for pandemic preparedness, prevention, and 
     response;
       (F) enhancing transparency, quality, and reliability of 
     public health data;
       (G) increasing bidirectional testing, including screening 
     for symptomatic and asymptomatic cases; and
       (H) building laboratory capacity.
       (d) Roles of the Department of State, USAID, and the 
     Department of Health and Human Services in International 
     Pandemic Response.--
       (1) Designation of lead agencies for coordination of the 
     united states' international response to infectious disease 
     outbreaks with severe or pandemic potential.--The President 
     shall designate relevant Federal departments and agencies, 
     including the Department of State, USAID, and the Department 
     of Health and Human Services (including the Centers for 
     Disease Control and Prevention), to lead specific aspects of 
     the United States international response to outbreaks of 
     emerging high-consequence infectious disease threats.
       (2) Notification.--Not later than 120 days after the date 
     of the enactment of this Act, the President shall notify the 
     appropriate congressional committees, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     Committee on Energy and Commerce of the House of 
     Representatives of the designations made pursuant to 
     paragraph (1), including detailed descriptions of the roles 
     and responsibilities of each relevant department and agency.
       (e) USAID Disaster Surge Capacity.--
       (1) Disaster surge capacity.--Amounts appropriated or 
     otherwise made available to carry out part I and chapter 4 of 
     part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
     and 2346), including funds made available for ``Assistance 
     for Europe, Eurasia and Central Asia'', may be used, in 
     addition to amounts otherwise made available for such 
     purposes, for the cost (including support costs) of 
     individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to global 
     health emergencies and natural or manmade disasters.
       (2) Notification.--Not later than 15 days before making 
     funds available to address manmade disasters pursuant to 
     paragraph (1), the Secretary of State or the USAID 
     Administrator shall notify the appropriate congressional 
     committees of such intended action.

     SEC. 1284. INTERNATIONAL PANDEMIC PREVENTION AND 
                   PREPAREDNESS.

       (a) United States International Activities to Advance 
     Global Health Security and Diplomacy Strategy and Report.--
       (1) In general.--The President shall develop, update, 
     maintain, and advance a comprehensive strategy for improving 
     United States global health security and diplomacy for 
     pandemic prevention, preparedness which, consistent with the 
     purposes of this subtitle, shall --
       (A) clearly articulate United States policy goals related 
     to pandemic prevention, preparedness, and response, including 
     through actions to strengthen diplomatic leadership and the 
     effectiveness of United States foreign assistance for global 
     health security through advancement of a One Health approach, 
     the Global Health Security Agenda, the International Health 
     Regulations (2005),

[[Page S5740]]

     and other relevant frameworks that contribute to pandemic 
     prevention and preparedness;
       (B) establish specific and measurable goals, benchmarks, 
     timetables, performance metrics, and monitoring and 
     evaluation plans for United States foreign policy and 
     assistance for global health security that promote learning 
     and adaptation and reflect international best practices 
     relating to global health security, transparency, and 
     accountability;
       (C) establish transparent mechanisms to improve 
     coordination and avoid duplication of effort between and 
     among the relevant Federal departments and agencies, partner 
     countries, donor countries, the private sector, multilateral 
     organizations, and other key stakeholders;
       (D) prioritize working with partner countries with--
       (i) demonstrated need, as identified through the Joint 
     External Evaluation process, the Global Health Security Index 
     classification of health systems, national action plans for 
     health security, Global Health Security Agenda, other risk-
     based assessments, and complementary or successor indicators 
     of global health security and pandemic preparedness; and
       (ii) demonstrated commitment to transparency, including 
     budget and global health data transparency, complying with 
     the International Health Regulations (2005), investing in 
     domestic health systems, and achieving measurable results;
       (E) reduce long-term reliance upon United States foreign 
     assistance for global health security by--
       (i) ensuring that United States global health assistance 
     authorized under this subtitle is strategically planned and 
     coordinated in a manner that delivers immediate impact and 
     contributes to enduring results, including through efforts to 
     enhance community capacity and resilience to infectious 
     disease threats and emergencies; and
       (ii) ensuring partner country ownership of global health 
     security strategies, data, programs, and outcomes and 
     improved domestic resource mobilization, co-financing, and 
     appropriate national budget allocations for global health 
     security and pandemic prevention, preparedness, and response;
       (F) assist partner countries in building the technical 
     capacity of relevant ministries, systems, and networks to 
     prepare, execute, monitor, and evaluate national action plans 
     for global health security and pandemic prevention, 
     preparedness, and response that are developed with input from 
     key stakeholders, including mechanism to enhance budget and 
     global health data transparency, as necessary and 
     appropriate;
       (G) support and align United States foreign assistance 
     authorized under this subtitle with such national action 
     plans for health security and pandemic prevention, 
     preparedness, and response, as appropriate;
       (H) facilitate communication and collaboration, as 
     appropriate, among local stakeholders in support of country-
     led strategies and initiatives to better identify and prevent 
     health impacts related to deforestation, climate-related 
     events, and increased unsafe interactions between wildlife, 
     livestock, and people contributing to the emergence, 
     reemergence, and spread of zoonoses;
       (I) support global health budget and workforce planning in 
     partner countries, consistent with the purposes of this 
     subtitle, including training in financial management and 
     budget and global health data transparency;
       (J) strengthen linkages between complementary bilateral and 
     multilateral foreign assistance programs, including efforts 
     of the World Bank, the World Health Organization, the Global 
     Fund to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the 
     Vaccine Alliance, that contribute to the development of more 
     resilient health systems and global supply chains for global 
     health security and pandemic prevention, preparedness, and 
     response in partner countries with the capacity, resources, 
     and personnel required to prevent, detect, and respond to 
     infectious disease threats; and
       (K) support innovation and partnerships with the private 
     sector, health organizations, civil society, nongovernmental, 
     faith-based and indigenous organizations, and health research 
     and academic institutions to improve pandemic prevention, 
     preparedness, and response, including for the development and 
     deployment of effective and accessible infectious disease 
     tracking tools, diagnostics, therapeutics, and vaccines.
       (2) Submission of strategy.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President, in consultation 
     with the heads of the relevant Federal departments and 
     agencies, shall submit the strategy required under paragraph 
     (1) to--
       (i) the appropriate congressional committees;
       (ii) the Committee on Health, Education, Labor, and 
     Pensions of the Senate; and
       (iii) the Committee on Energy and Commerce of the House of 
     Representatives.
       (B) Agency-specific plans.--The strategy required under 
     paragraph (1) shall include specific implementation plans 
     from each relevant Federal department and agency that 
     describe--
       (i) the anticipated contributions of the Federal department 
     or agency, including technical, financial, and in-kind 
     contributions, to implement the strategy; and
       (ii) the efforts of the Federal department or agency to 
     ensure that the activities and programs carried out pursuant 
     to the strategy are designed to achieve maximum impact and 
     long-term sustainability.
       (3) Annual report.--
       (A) In general.--Not later than 1 year after the submission 
     of the strategy pursuant to paragraph (2), and not later than 
     October 1 of each year thereafter, the President shall submit 
     a report to the committees referred to in paragraph (2)(A) 
     that describes the status of the implementation of such 
     strategy.
       (B) Contents.--Each report submitted pursuant to 
     subparagraph (A) shall--
       (i) identify any substantial changes made to the strategy 
     during the preceding calendar year;
       (ii) describe the progress made in implementing the 
     strategy, including specific information related to the 
     progress toward improving countries' ability to detect, 
     prevent, and respond to infectious disease threats, such as 
     COVID-19 and Ebola;
       (iii) identify--

       (I) the indicators used to establish benchmarks and measure 
     results over time; and
       (II) the mechanisms for reporting such results in an open 
     and transparent manner;

       (iv) contain a transparent, open, and detailed accounting 
     of obligations by relevant Federal departments and agencies 
     to implement the strategy, including, to the extent 
     practicable, for each such Federal department and agency, the 
     statutory source of obligated funds, the amounts obligated, 
     implementing partners and sub-partners, targeted 
     beneficiaries, and activities supported; and
       (v) the efforts of the relevant Federal department or 
     agency to ensure that the activities and programs carried out 
     pursuant to the strategy are designed to achieve maximum 
     impact and enduring results, including through specific 
     activities to strengthen health systems for global health 
     security and pandemic prevention, preparedness, and response, 
     as appropriate.
       (C) Form.--The strategy and reports required under this 
     subsection shall be submitted in unclassified form, but may 
     contain a classified annex.
       (b) Establishment of the United States Global Health 
     Security Agenda Interagency Review Council.--
       (1) Statement of policy.--It is the policy of the United 
     States--
       (A) to promote and invest in global health security and 
     pandemic prevention, preparedness, and response as a core 
     national and security interest;
       (B) to advance the aims of the Global Health Security 
     Agenda;
       (C) to collaborate with other countries to promote early 
     detection and mitigation of infectious disease threats before 
     such threats become pandemics; and
       (D) to encourage and support other countries to advance 
     pandemic prevention and preparedness by investing in 
     resilient and sustainable health systems for global health 
     security and pandemic prevention and preparedness.
       (2) Establishment.--The President shall establish a Global 
     Health Security Agenda Interagency Review Council (referred 
     to in this section as the ``Council'') to carry out the 
     activities described in paragraphs (4) and (7).
       (3) Meetings.--The Council shall meet not fewer than 4 
     times each year to advance its mission and fulfill its 
     responsibilities.
       (4) General responsibilities.--The Council shall--
       (A) provide policy-level recommendations to participating 
     agencies regarding Global Health Security Agenda goals, 
     objectives, and implementation, and other international 
     efforts to strengthen pandemic preparedness and response;
       (B) facilitate interagency, multi-sectoral engagement to 
     carry out GHSA implementation;
       (C) provide a forum for raising and working to resolve 
     interagency disagreements concerning the GHSA, and other 
     international efforts to strengthen pandemic preparedness and 
     response;
       (D) review the progress toward, and work to resolve 
     challenges in achieving, United States commitments under the 
     GHSA, including commitments to assist other countries in 
     achieving the GHSA targets; and
       (E) consider, among other issues--
       (i) the status of United States financial commitments to 
     the GHSA in the context of commitments by other donors, and 
     the contributions of partner countries to achieve the GHSA 
     targets;
       (ii) the progress toward the milestones outlined in--

       (I) GHSA national plans for countries in which the United 
     States Government has committed to assist in implementing the 
     GHSA; and
       (II) annual work plans outlining agency priorities for 
     implementing the GHSA; and

       (iii) the external evaluations of United States and partner 
     country capabilities to address infectious disease threats, 
     including the ability to achieve the targets outlined within 
     the World Health Organization's Joint External Evaluation 
     Tool, and gaps identified by such external evaluations.
       (5) Participation.--The Council--
       (A) shall be headed by the Assistant to the President for 
     National Security Affairs, in coordination with the heads of 
     relevant Federal agencies; and
       (B) should consist of representatives each of the relevant 
     Federal departments and agencies, as determined by the 
     President.
       (6) Responsibilities of federal departments and agencies.--
     The Assistant to the

[[Page S5741]]

     President for National Security Affairs and the Council may 
     not assume any responsibilities or authorities of the head of 
     any Federal department, agency, or office, including the 
     foreign affairs responsibilities and authorities of the 
     Secretary of State to oversee the implementation of programs 
     and policies that advance global health security within 
     foreign countries.
       (7) Specific roles and responsibilities.--
       (A) In general.--The heads of the agencies referred to in 
     paragraph (5) shall--
       (i) make the implementation of the GHSA and global pandemic 
     preparedness a high priority within their respective 
     agencies;
       (ii) include activities related to the GHSA and global 
     pandemic preparedness within their respective agencies' 
     strategic planning and budget processes;
       (iii) designate a senior-level official to be responsible 
     for the implementation of this subsection;
       (iv) designate, in accordance with paragraph (5), an 
     appropriate representative at the Assistant Secretary level 
     or higher to participate on the Council;
       (v) keep the Council apprised of GHSA-related activities 
     undertaken within their respective agencies;
       (vi) maintain responsibility for agency-related 
     programmatic functions in coordination with other relevant 
     Federal agencies, governments in partner countries, country 
     teams, and GHSA in-country teams;
       (vii) coordinate with other Federal agencies that are 
     identified in this section--

       (I) to satisfy programmatic goals; and
       (II) to further facilitate coordination of country teams, 
     implementers, and donors in partner countries; and

       (viii) coordinate across national health security action 
     plans and with GHSA and other appropriate partners to which 
     the United States is providing assistance.
       (B) Additional roles and responsibilities.--In addition to 
     the roles and responsibilities described subparagraph (A), 
     the heads of relevant Federal departments and agencies should 
     carry out their respective roles and responsibilities 
     described in--
       (i) Executive Order 13747 (81 Fed. Reg. 78701; relating to 
     Advancing the Global Health Security Agenda to Achieve a 
     World Safe and Secure from Infectious Disease Threats); and
       (ii) National Security Directive on United States Global 
     Leadership to Strengthen the International COVID-19 Response 
     and to Advance Global Health Security and Biological 
     Preparedness, issued on January 21, 2021.
       (c) Organization of United States International Activities 
     to Advance Global Health Security and Diplomacy.--
       (1) Establishment.--There is established, within the 
     Department of State, the position of Special Representative 
     for United States International Activities to Advance Global 
     Health Security and Diplomacy Overseas (referred to in this 
     section as the ``Special Representative'').
       (2) Appointment; qualifications.--The Special 
     Representative--
       (A) shall be appointed by the President, by and with the 
     advice and consent of the Senate;
       (B) shall report to the Secretary of State; and
       (C) shall have--
       (i) demonstrated knowledge and experience in the fields of 
     development and public health, epidemiology, or medicine; and
       (ii) relevant diplomatic, policy, and political expertise.
       (3) Authorities.--The Special Representative may--
       (A) operate internationally to carry out the purposes of 
     this section;
       (B) ensure effective coordination, management, and 
     oversight of United States foreign policy, diplomatic 
     efforts, and foreign assistance funded with amounts 
     appropriated to carry out this subtitle to advance the 
     relevant elements of the United States Global Health Security 
     and Diplomacy Strategy developed pursuant to subsection (a) 
     by--
       (i) formulating, issuing, and updating related policy 
     guidance;
       (ii) establishing, in coordination with USAID and the 
     Department of Health and Human Services, unified auditing, 
     monitoring, and evaluation plans;
       (iii) avoiding duplication of effort and working to resolve 
     policy, program, and funding disputes among the relevant 
     Federal departments and agencies;
       (iv) leading diplomatic efforts to identify and address 
     current and emerging threats to global health security;
       (v) ensuring, in consultation with the Secretary of Health 
     and Human Services and the USAID Administrator, effective 
     representation of the United States in relevant international 
     forums, including the World Health Organization, the World 
     Health Assembly, and meetings of the Global Health Security 
     Agenda and of the Global Health Security Initiative;
       (vi) working to enhance coordination with, and transparency 
     among, the governments of partner countries and key 
     stakeholders, including the private sector;
       (vii) promoting greater donor and national investment in 
     partner countries to build health systems and supply chains 
     for global health security and pandemic prevention and 
     preparedness;
       (viii) securing bilateral and multilateral financing 
     commitments to advance the Global Health Security Agenda, in 
     coordination with relevant Federal departments and agencies, 
     including through funding for the financing mechanism 
     described in section 1285; and
       (ix) providing regular updates to the appropriate 
     congressional committees, the Committee on Health, Education, 
     Labor, and Pensions of the Senate, and the Committee on 
     Energy and Commerce of the House of Representatives regarding 
     the fulfillment of the activities described in this 
     paragraph;
       (C) represent the United States in the multilateral, 
     catalytic financing mechanism described in section 1285;
       (D) utilize detailees, on a reimbursable or nonreimbursable 
     basis, from relevant Federal departments and agencies and 
     hire personal service contractors, who may operate 
     domestically and internationally, to ensure that the Office 
     of the Special Representative has access to the highest 
     quality experts available to the United States Government to 
     carry out the functions under this subtitle; and
       (E) perform such other functions as the Secretary of State 
     may assign.
       (d) Strengthening Health Systems for Global Health Security 
     and Pandemic Prevention and Preparedness.--
       (1) Statement of policy.--It is the policy of the United 
     States to ensure that bilateral global health assistance 
     programs are effectively managed and coordinated, as 
     necessary and appropriate to achieve the purposes of this 
     subtitle, to contribute to the strengthening of health 
     systems for global health security and pandemic prevention, 
     preparedness, and response in each country in which such 
     programs are carried out.
       (2) Coordination.--The USAID Administrator shall work with 
     the Global Malaria Coordinator, the United States Global AIDS 
     Coordinator, the Special Representative for Global Health 
     Diplomacy at the Department of State, and, as appropriate, 
     the Secretary of Health and Human Services, to identify areas 
     of collaboration and coordination in countries with global 
     health programs and activities undertaken by USAID pursuant 
     to the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (Public Law 108-25) and 
     other relevant statutes to ensure that such activities 
     contribute to the strengthening of health systems for global 
     health security and pandemic prevention and preparedness.
       (e) International Pandemic Early Warning Network.--
       (1) In general.--The Secretary of State and the Secretary 
     of Health and Human Services, in coordination with the USAID 
     Administrator, the Director of the Centers for Disease 
     Control and Prevention, and the heads of the other relevant 
     Federal departments and agencies, should work with the World 
     Health Organization and other key stakeholders to establish 
     or strengthen effective early warning systems, at the partner 
     country, regional, and international levels, that utilize 
     innovative information and analytical tools and robust review 
     processes to track, document, analyze, and forecast 
     infectious disease threats with epidemic and pandemic 
     potential.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter for the 
     following 4 years, the Secretary of State, in coordination 
     with the Secretary of Health and Human Services and the heads 
     of the other relevant Federal departments and agencies, shall 
     submit a report to the appropriate congressional committees, 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate, and the Committee on Energy and Commerce of the 
     House of Representatives that describes United States 
     Government efforts and opportunities to establish or 
     strengthen effective early warning systems to detect 
     infectious disease threats internationally.
       (f) International Emergency Operations.--
       (1) Sense of congress.--It is the sense of Congress that it 
     is essential to enhance the capacity of key stakeholders to 
     effectively operationalize early warning and execute multi-
     sectoral emergency operations during an infectious disease 
     outbreak, particularly in countries and areas that 
     deliberately withhold critical global health data and delay 
     access during an infectious disease outbreak in advance of 
     the next infectious disease outbreak with pandemic potential.
       (2) Public health emergencies of international concern.--
     The Secretary of State, in coordination with the Secretary of 
     Health and Human Services, should work with the World Health 
     Organization and like-minded member states to adopt an 
     approach toward assessing infectious disease threats under 
     the International Health Regulations (2005) for the World 
     Health Organization to identify and transparently 
     communicate, on an ongoing basis, varying levels of risk 
     leading up to a declaration by the Director General of the 
     World Health Organization of a Public Health Emergency of 
     International Concern for the duration and in the aftermath 
     of such declaration.
       (3) Emergency operations.--The Secretary of State and the 
     Secretary of Health and Human Services, in coordination with 
     the USAID Administrator, the Director of the Centers for 
     Disease Control and Prevention, and the heads of other 
     relevant Federal departments and agencies, and consistent 
     with the requirements under the International Health 
     Regulations (2005) and the objectives of the World Health 
     Organization's Health Emergencies Programme, the Global 
     Health Security Agenda, and national actions plans for health 
     security, shall work, in cooperation with the World Health 
     Organization,

[[Page S5742]]

     with partner countries and other key stakeholders to support 
     the establishment, strengthening, and rapid response capacity 
     of global health emergency operations centers, at the partner 
     country and international levels, including efforts--
       (A) to collect and share public health data, assess risk, 
     and operationalize early warning;
       (B) to secure, including through utilization of stand-by 
     arrangements and emergency funding mechanisms, the staff, 
     systems, and resources necessary to execute cross-sectoral 
     emergency operations during the 48-hour period immediately 
     following an infectious disease outbreak with pandemic 
     potential; and
       (C) to organize and conduct emergency simulations.

     SEC. 1285. INTERNATIONAL FINANCING MECHANISM FOR GLOBAL 
                   HEALTH SECURITY AND PANDEMIC PREVENTION AND 
                   PREPAREDNESS.

       (a) Defined Term.--In this section, the term ``eligible 
     partner country'' means a country in which the Fund for 
     Global Health Security and Pandemic Prevention and 
     Preparedness established pursuant to subsection (b) may 
     finance global health security and pandemic prevention and 
     preparedness assistance programs under this subtitle based 
     on--
       (1) the country's demonstrated need, as identified through 
     the IHR (2005) Monitoring and Evaluation Framework, the 
     Global Health Security Index classification of health 
     systems, national action plans for health security, the World 
     Organization for Animal Health's Performance of Veterinary 
     Services evaluation, and other complementary or successor 
     indicators of global health security and pandemic prevention 
     and preparedness; and
       (2) the country's commitment to transparency, including--
       (A) budget and global health data transparency;
       (B) its compliance with the International Health 
     Regulations (2005);
       (C) investments in domestic health systems; and
       (D) the achievement of measurable results.
       (b) Establishment of Fund for Global Health Security and 
     Pandemic Prevention and Preparedness.--
       (1) Negotiations.--The Secretary of State, in coordination 
     with the USAID Administrator, the Secretary of Health and 
     Human Services, and the heads of other relevant Federal 
     departments and agencies, as necessary and appropriate, 
     should seek to enter into negotiations with donors, relevant 
     United Nations agencies, including the World Health 
     Organization, and other key multilateral stakeholders, to 
     establish--
       (A) a multilateral, catalytic financing mechanism for 
     global health security and pandemic prevention and 
     preparedness, which may be formed as financial intermediary 
     fund of the World Bank and be known as the Fund for Global 
     Health Security and Pandemic Prevention and Preparedness 
     (referred to in this section as ``the Fund''), in accordance 
     with the provisions of this subsection; and
       (B) a Technical Advisory Panel to the Fund, in accordance 
     with subsection (e).
       (2) Purposes.--The purposes of the Fund should be--
       (A) to close critical gaps in global health security and 
     pandemic prevention and preparedness; and
       (B) to work with, and build the capacity of, eligible 
     partner countries in the areas of global health security, 
     infectious disease control, and pandemic prevention and 
     preparedness in order to--
       (i) prioritize capacity building and financing availability 
     in eligible partner countries;
       (ii) incentivize countries to prioritize the use of 
     domestic resources for global health security and pandemic 
     prevention and preparedness;
       (iii) leverage governmental, nongovernmental, and private 
     sector investments;
       (iv) regularly respond to and evaluate progress based on 
     clear metrics and benchmarks, such as those developed through 
     the IHR (2005) Monitoring and Evaluation Framework and the 
     Global Health Security Index;
       (v) align with and complement ongoing bilateral and 
     multilateral efforts and financing, including through the 
     World Bank, the World Health Organization, the Global Fund to 
     Fight AIDS, Tuberculosis, and Malaria, the Coalition for 
     Epidemic Preparedness and Innovation, and Gavi, the Vaccine 
     Alliance; and
       (vi) help countries accelerate and achieve compliance with 
     the International Health Regulations (2005) and fulfill the 
     Global Health Security Agenda 2024 Framework not later than 8 
     years after the date on which the Fund is established, in 
     coordination with the ongoing Joint External Evaluation 
     national action planning process.
       (3) Executive board.--
       (A) In general.--The Fund should be governed by a 
     transparent and accountable body (referred to in this section 
     as the ``Executive Board''), which should--
       (i) function as a partnership with, and through full 
     engagement by, donor governments, eligible partner countries, 
     and independent civil society; and
       (ii) be composed of not more than 21 representatives of 
     governments, foundations, academic institutions, independent 
     civil society, indigenous people, vulnerable communities, 
     frontline health workers, and the private sector with 
     demonstrated commitment to carrying out the purposes of the 
     Fund and upholding transparency and accountability 
     requirements.
       (B) Duties.--The Executive Board should--
       (i) be charged with approving strategies, operations, and 
     grant making authorities such that it is able to conduct 
     effective fiduciary, monitoring, and evaluation efforts, and 
     other oversight functions;
       (ii) determine operational procedures to enable the Fund to 
     effectively fulfill its mission;
       (iii) provide oversight and accountability for the Fund in 
     collaboration with the Inspector General established pursuant 
     to subsection (d)(5)(A)(i);
       (iv) develop and utilize a mechanism to obtain formal input 
     from eligible partner countries, independent civil society, 
     and implementing entities relative to program design, review, 
     and implementation and associated lessons learned; and
       (v) coordinate and align with other multilateral financing 
     and technical assistance activities, and with the activities 
     of the United States and other nations leading pandemic 
     prevention, preparedness, and response activities in partner 
     countries, as appropriate.
       (C) Composition.--The Executive Board should include--
       (i) representatives of the governments of founding member 
     countries who, in addition to meeting the requirements under 
     subparagraph (A), qualify based upon--

       (I) meeting an established initial contribution threshold, 
     which should be not less than 10 percent of the country's 
     total initial contributions; and
       (II) demonstrating a commitment to supporting the 
     International Health Regulations (2005);

       (ii) a geographically diverse group of members from donor 
     countries, academic institutions, independent civil society, 
     including faith-based and indigenous organizations, and the 
     private sector who are selected on the basis of their 
     experience and commitment to innovation, best practices, and 
     the advancement of global health security objectives;
       (iii) representatives of the World Health Organization, to 
     serve in an observer status; and
       (iv) the chair of the Global Health Security Agenda 
     Steering Group, to serve in an observer status.
       (D) Contributions.--Each government or private sector 
     entity represented on the Executive Board should agree to 
     make annual contributions to the Fund in an amount that is 
     not less than the minimum amount determined by the Executive 
     Board.
       (E) Qualifications.--Individuals appointed to the Executive 
     Board should have demonstrated knowledge and experience 
     across a variety of sectors, including human and animal 
     health, agriculture, development, defense, finance, research, 
     and academia.
       (F) Conflicts of interest.--All Executive Board members 
     should be required to recuse themselves from matters 
     presenting conflicts of interest, including financing 
     decisions relating to such countries, bodies, and 
     institutions.
       (G) United states representation.--
       (i) Founding member.--The Secretary of State should seek--

       (I) to establish the United States as a founding member of 
     the Fund; and
       (II) to ensure the United States is represented on the 
     Executive Board by an officer or employee of the United 
     States who has been appointed by the President.

       (ii) Effective and termination dates.--

       (I) Effective date.--This subparagraph shall take effect on 
     the date on which the Secretary of State submits to Congress 
     a certified copy of the agreement establishing the Fund.
       (II) Termination date.--The membership established pursuant 
     to clause (i) shall terminate upon the date of termination of 
     the Fund.

       (H) Removal procedures.--The Fund should establish 
     procedures for the removal of members of the Executive Board 
     who--
       (i) engage in a consistent pattern of human rights abuses;
       (ii) fail to uphold global health data transparency 
     requirements; or
       (iii) otherwise violate the established standards of the 
     Fund, including in relation to corruption.
       (4) Enforceability.--Any agreement concluded under the 
     authorities provided under this subsection shall be legally 
     effective and binding upon the United States, in accordance 
     with the terms of the agreement--
       (A) upon the enactment of appropriate implementing 
     legislation that provides for the approval of the specific 
     agreement or agreements, including attachments, annexes, and 
     supporting documentation, as appropriate; or
       (B) if concluded and submitted as a treaty, upon the 
     approval by the Senate of the resolution of ratification of 
     such treaty.
       (c) Authorities.--
       (1) Program objectives.--
       (A) In general.--In carrying out the purpose described in 
     subsection (b), the Fund, acting through the Executive Board, 
     should--
       (i) develop grant making requirements to be administered by 
     an independent technical review panel comprised of entities 
     barred from applying for funding or support;
       (ii) provide grants, including challenge grants, technical 
     assistance, concessional lending, catalytic investment funds, 
     and

[[Page S5743]]

     other innovative funding mechanisms, in coordination with 
     ongoing bilateral and multilateral United States assistance 
     efforts, as appropriate--

       (I) to help eligible partner countries close critical gaps 
     in health security, as identified through the IHR (2005) 
     Monitoring and Evaluation Framework, the Global Health 
     Security Index classification of health systems, and national 
     action plans for health security and other complementary or 
     successor indicators of global health security and pandemic 
     prevention and preparedness; and
       (II) to support measures that enable such countries, at 
     both the national and subnational levels, and in partnership 
     with civil society and the private sector, to strengthen and 
     sustain resilient health systems and supply chains for global 
     health security and pandemic prevention and preparedness with 
     the resources, capacity, and personnel required to prevent, 
     detect, and respond to infectious disease threats before they 
     become pandemics;

       (iii) leverage the expertise, capabilities, and resources 
     of proven, existing agencies and organizations to effectively 
     target and manage resources for impact, including through 
     alignment with, and co-financing of, complementary programs, 
     as appropriate, in accordance with subparagraph (C); and
       (iv) develop recommendations for a mechanism for assisting 
     countries that are at high risk for the emergence or 
     reemergence of pathogens with pandemic potential to 
     participate in the Global Health Security Agenda and the 
     Joint External Evaluations.
       (B) Activities supported.--The activities to be supported 
     by the Fund should include efforts--
       (i) to enable eligible partner countries to formulate and 
     implement national health security and pandemic prevention 
     and preparedness action plans, advance action packages under 
     the Global Health Security Agenda, and adopt and uphold 
     commitments under the International Health Regulations (2005) 
     and complementary or successor indicators of global health 
     security and pandemic prevention and preparedness, as 
     appropriate;
       (ii) to support global health security budget planning in 
     eligible partner countries, including training in public 
     financial management, integrated and transparent budget and 
     global health data and human resource information systems;
       (iii) to strengthen the health security workforce, 
     including hiring, training, and deploying experts and other 
     essential staff, including community health workers, to 
     improve frontline prevention of, and monitoring and 
     preparedness for, unknown, new, emerging, or reemerging 
     pathogens of pandemic potential, including capacity to surge 
     and manage additional staff during emergencies;
       (iv) to improve the quality of community health worker 
     programs as the foundation of pandemic preparedness and 
     response through application of appropriate assessment tools;
       (v) to improve--

       (I) infection prevention and control;
       (II) the protection of healthcare workers, including 
     community health workers; and
       (III) access to water and sanitation within healthcare 
     settings;

       (vi) to combat the threat of antimicrobial resistance;
       (vii) to strengthen laboratory capacity and promote 
     biosafety and biosecurity through the provision of material 
     and technical assistance;
       (viii) to reduce the risk of--

       (I) bioterrorism;
       (II) the emergence, reemergence, or spread of zoonotic 
     disease (whether through loss of natural habitat, the 
     commercial trade in wildlife for human consumption, or other 
     means); and
       (III) accidental biological release;

       (ix) to build technical capacity to manage, as appropriate, 
     supply chains for global health security and pandemic 
     prevention and preparedness through effective forecasting, 
     procurement, warehousing, and delivery from central 
     warehouses to points of service in the public and private 
     sectors;
       (x) to enable bilateral, regional, and international 
     partnerships and cooperation, including through pandemic 
     early warning systems and emergency operations centers, to 
     identify and address transnational infectious disease threats 
     exacerbated by natural and man-made disasters, human 
     displacement, and zoonotic infection;
       (xi) to establish partnerships for the sharing of best 
     practices and enabling eligible countries to meet targets and 
     indicators under the IHR (2005) Monitoring and Evaluation 
     Framework, the Global Health Security Index classification of 
     health systems, and national action plans for health security 
     relating to the prevention, detection, and treatment of 
     neglected tropical diseases;
       (xii) to develop and utilize metrics to monitor and 
     evaluate programmatic performance and identify best 
     practices, including in accordance with the IHR (2005) 
     Monitoring and Evaluation Framework, including Joint External 
     Evaluation benchmarks, Global Health Security Agenda targets, 
     and Global Health Security Index indicators;
       (xiii) to develop and deploy mechanisms to enhance and 
     independently monitor the transparency and accountability of 
     global health security and pandemic prevention and 
     preparedness programs and data, in compliance with the 
     International Health Regulations (2005), including through 
     the sharing of trends, risks, and lessons learned;
       (xiv) to promote broad participation in health emergency 
     planning and advisory bodies, including by women and 
     frontline health workers;
       (xv) to develop and implement simulation exercises, to 
     produce and release after action reports, and to address 
     related gaps;
       (xvi) to support countries in conducting Joint External 
     Evaluations;
       (xvii) to improve disease surveillance capacity in partner 
     counties, including at the community level, to improve such 
     countries' capacity to detect and respond to known and 
     unknown pathogens and zoonotic infectious diseases; and
       (xviii) to support governments through coordinated and 
     prioritized assistance efforts to prevent the emergence, 
     reemergence, or spread of zoonotic diseases caused by 
     deforestation, commercial trade in wildlife for human 
     consumption, climate-related events, and unsafe interactions 
     between wildlife, livestock, and people.
       (C) Implementation of program objectives.--In carrying out 
     the objectives described in subparagraph (A), the Fund should 
     work to eliminate duplication and waste by upholding strict 
     transparency and accountability standards and coordinating 
     its programs and activities with key partners working to 
     advance global health security and pandemic prevention and 
     preparedness, including--
       (i) governments, independent civil society, 
     nongovernmental, faith-based, and indigenous organizations, 
     research and academic institutions, and private sector 
     entities in eligible partner countries;
       (ii) the pandemic early warning systems and emergency 
     operations centers to be established under subsections (e) 
     and (f) of section 284;
       (iii) the World Health Organization;
       (iv) the Global Health Security Agenda;
       (v) the Global Health Security Initiative;
       (vi) the Global Fund to Fight AIDS, Tuberculosis and 
     Malaria;
       (vii) the United Nations Office for the Coordination of 
     Humanitarian Affairs, UNICEF, and other relevant funds, 
     programs, and specialized agencies of the United Nations;
       (viii) Gavi, the Vaccine Alliance;
       (ix) the Coalition for Epidemic Preparedness Innovations;
       (x) the World Organisation for Animal Health;
       (xi) the United Nations Environment Programme;
       (xii) the Food and Agriculture Organization;
       (xiii) the Global Polio Eradication Initiative; and
       (xiv) the Special Representative for United States 
     International Activities to Advance Global Health Security 
     and Diplomacy Overseas described in section 1284(c).
       (2) Priority.--In providing assistance under this 
     subsection, the Fund should give priority to low-and lower 
     middle income countries with--
       (A) low scores on the Global Health Security Index 
     classification of health systems;
       (B) measurable gaps in global health security and pandemic 
     prevention and preparedness identified under the IHR (2005) 
     Monitoring and Evaluation Framework and national action plans 
     for health security;
       (C) demonstrated political and financial commitment to 
     pandemic prevention and preparedness; and
       (D) demonstrated commitment to--
       (i) upholding global health budget and data transparency 
     and accountability standards;
       (ii) complying with the International Health Regulations 
     (2005);
       (iii) investing in domestic health systems; and
       (iv) achieving measurable results.
       (3) Eligible grant recipients.--Governments and 
     nongovernmental, faith-based and indigenous organizations 
     should be eligible to receive grants described in this 
     subsection.
       (d) Administration.--
       (1) Appointments.--The Executive Board of the Fund should 
     appoint--
       (A) an Administrator, who should be responsible for 
     managing the day-to-day operations of the Fund; and
       (B) an independent Inspector General, who should be 
     responsible for monitoring grants implementation and 
     proactively safeguarding against conflicts of interests.
       (2) Authority to accept and solicit contributions.--The 
     Fund should be authorized to solicit and accept contributions 
     from governments, the private sector, foundations, 
     individuals, and nongovernmental entities of all kinds.
       (3) Accountability; conflicts of interest; criteria for 
     programs.--As part of the negotiations described in 
     subsection (b)(1), the Secretary of the State, consistent 
     with paragraph (4), shall--
       (A) take such actions as may be necessary to ensure that 
     the Fund will have in effect adequate procedures and 
     standards to account for and monitor the use of funds 
     contributed to the Fund, including the cost of administering 
     the Fund;
       (B) seek to ensure there is agreement to put in place a 
     conflict of interest policy to ensure fairness and a high 
     standard of ethical conduct in the Fund's decision-making 
     processes, including proactive procedures to screen staff for 
     conflicts of interest and measures to address any conflicts, 
     such as--
       (i) potential divestments of interests;
       (ii) prohibition from engaging in certain activities;
       (iii) recusal from certain decision-making and 
     administrative processes; and

[[Page S5744]]

       (iv) representation by an alternate board member; and
       (C) seek agreement on the criteria that should be used to 
     determine the programs and activities that should be assisted 
     by the Fund.
       (4) Selection of partner countries, projects, and 
     recipients.--The Executive Board should establish--
       (A) eligible partner country selection criteria, including 
     transparent metrics to measure and assess global health 
     security and pandemic prevention and preparedness strengths 
     and vulnerabilities in countries seeking assistance;
       (B) minimum standards for ensuring eligible partner country 
     ownership and commitment to long-term results, including 
     requirements for domestic budgeting, resource mobilization, 
     and co-investment;
       (C) criteria for the selection of projects to receive 
     support from the Fund;
       (D) standards and criteria regarding qualifications of 
     recipients of such support; and
       (E) such rules and procedures as may be necessary--
       (i) for cost-effective management of the Fund; and
       (ii) to ensure transparency and accountability in the 
     grant-making process.
       (5) Additional transparency and accountability 
     requirements.--
       (A) Inspector general.--
       (i) In general.--The Secretary of State shall seek to 
     ensure that the Fund maintains and independent Office of the 
     Inspector General, appointed pursuant to paragraph (1)(B), 
     who--

       (I) is fully enabled to operate independently and 
     transparently;
       (II) is supported by and with the requisite resources and 
     capacity to regularly conduct and publish, on a publicly 
     accessible website, rigorous financial, programmatic, and 
     reporting audits and investigations of the Fund and its 
     grantees, including subgrantees; and
       (III) establishes an investigative unit that--

       (aa) develops an oversight mechanism to ensure that grant 
     funds are not diverted to illicit or corrupt purposes or 
     activities; and
       (bb) submits an annual report to the Executive Board 
     describing its activities, investigations, and results.
       (ii) Sense of congress on corruption.--It is the sense of 
     Congress that--

       (I) corruption within global health programs contribute 
     directly to the loss of human life and cannot be tolerated; 
     and
       (II) in making financial recoveries relating to a corrupt 
     act or criminal conduct committed by a grant recipient, as 
     determined by the Inspector General, the responsible grant 
     recipient should be assessed at a recovery rate of up to 150 
     percent of such loss.

       (B) Administrative expenses; financial tracking systems.--
     The Secretary of State shall seek to ensure the Fund 
     establishes, maintains, and makes publicly available--
       (i) a system to track the administrative and management 
     costs of the Fund on a quarterly basis; and
       (ii) a system to track the amount of funds disbursed to 
     each grant recipient and subrecipient during each grant's 
     fiscal cycle.
       (C) Exemption from duties and taxes.--The Secretary should 
     ensure that the Fund adopts rules that condition grants upon 
     agreement by the relevant national authorities in an eligible 
     partner country to exempt from duties and taxes all products 
     financed by such grants, including procurements by any 
     principal or subrecipient for the purpose of carrying out 
     such grants.
       (e) Technical Advisory Panel.--
       (1) In general.--There should be an Technical Advisory 
     Panel to the Fund.
       (2) Appointments.--The members of the Technical Advisory 
     Panel should be composed of--
       (A) a geographically diverse group of individuals that 
     includes representation from low- and middle-income 
     countries;
       (B) individuals with experience and leadership in the 
     fields of development, global health, epidemiology, medicine, 
     biomedical research, and social sciences; and
       (C) representatives of relevant United Nations agencies, 
     including the World Health Organization, and nongovernmental, 
     faith-based, and indigenous organizations with on-the ground 
     experience in implementing global health programs in low and 
     lower-middle income countries.
       (3) Responsibilities.--The Technical Advisory Panel should 
     provide advice and guidance to the Executive Board of the 
     Fund on the development and implementation of programs and 
     projects to be assisted by the Fund and on leveraging 
     donations to the Fund.
       (4) Prohibition on payment of compensation.--
       (A) In general.--Except for travel expenses (including per 
     diem in lieu of subsistence), no member of the Technical 
     Advisory Panel should receive compensation for services 
     performed as a member of the Board.
       (B) United states representative.--Notwithstanding any 
     other provision of law (including an international 
     agreement), a representative of the United States on the 
     Technical Advisory Panel may not accept compensation for 
     services performed as a member of the Technical Advisory 
     Panel, except that such representative may accept travel 
     expenses, including per diem in lieu of subsistence, while 
     away from the representative's home or regular place of 
     business in the performance of services for the Technical 
     Advisory Panel.
       (5) Conflicts of interest.--Members of the Technical 
     Advisory Panel should be required--
       (A) to disclose any potential conflicts of interest before 
     serving on the Technical Advisory Panel; and
       (B) to recuse themselves from any matters that present any 
     conflicts of interest during their service on the Technical 
     Advisory Panel.
       (f) Reports to Congress.--
       (1) Status report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of State, in 
     coordination with the USAID Administrator, and the heads of 
     other relevant Federal departments and agencies, shall submit 
     a report to the appropriate congressional committees that 
     describes the progress of international negotiations to 
     establish the Fund.
       (2) Annual report.--
       (A) In general.--Not later than 1 year after the date on 
     which the Fund is established, and annually thereafter for 
     the duration of the Fund, the Secretary of State shall submit 
     a report on the activities of the Fund to the appropriate 
     congressional committees.
       (B) Report elements.--The report required under 
     subparagraph (A) shall describe--
       (i) the goals of the Fund;
       (ii) the programs, projects, and activities supported by 
     the Fund;
       (iii) private and governmental contributions to the Fund; 
     and
       (iv) the criteria utilized to determine the programs and 
     activities that should be assisted by the Fund, including 
     baselines, targets, desired outcomes, measurable goals, and 
     extent to which those goals are being achieved.
       (3) GAO report on effectiveness.--Not later than 2 years 
     after the date on which the Fund is established, the 
     Comptroller General of the United States shall submit a 
     report to the appropriate congressional committees that 
     evaluates the effectiveness of the Fund, including--
       (A) the effectiveness of the programs, projects, and 
     activities supported by the Fund; and
       (B) an assessment of the merits of continued United States 
     participation in the Fund.
       (g) United States Contributions.--
       (1) In general.--Subject to paragraph (4)(C), the President 
     may release Federal funding that has been appropriated by 
     Congress for United States contributions to the Fund.
       (2) Notification.--The Secretary of State shall notify the 
     appropriate congressional committees not later than 15 days 
     before making a contribution to the Fund of--
       (A) the amount of the proposed contribution;
       (B) the total of funds contributed by other donors; and
       (C) the national interests served by United States 
     participation in the Fund.
       (3) Limitation.--During the 5-year period beginning on the 
     date of the enactment of this Act, the cumulative total of 
     United States contributions to the Fund may not exceed 33 
     percent of the total contributions to the Fund from all 
     sources.
       (4) Withholdings.--
       (A) Support for acts of international terrorism.--If the 
     Secretary of State determines that the Fund has provided 
     assistance to a country, the government of which the 
     Secretary of State has determined, for purposes of section 
     620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) 
     has repeatedly provided support for acts of international 
     terrorism, the United States shall withhold from its 
     contribution to the Fund for the next fiscal year an amount 
     equal to the amount expended by the Fund to the government of 
     such country.
       (B) Excessive salaries.--If the Secretary of State 
     determines that the salary during any of the first 5 fiscal 
     years beginning after the date of the enactment of this Act 
     of any individual employed by the Fund exceeds the salary of 
     the Vice President of the United States for such fiscal year, 
     the United States should withhold from its contribution for 
     the following fiscal year an amount equal to the aggregate 
     difference between the 2 salaries.
       (C) Accountability certification requirement.--The 
     Secretary of State may withhold not more than 20 percent of 
     planned United States contributions to the Fund until the 
     Secretary certifies to the appropriate congressional 
     committees that the Fund has established procedures to 
     provide access by the Office of Inspector General of the 
     Department of State, as cognizant Inspector General, the 
     Inspector General of the Department of Health and Human 
     Services, the USAID Inspector General, and the Comptroller 
     General of the United States to the Fund's financial data and 
     other information relevant to United States contributions to 
     the Fund (as determined by the Inspector General of the 
     Department of State, in consultation with the Secretary of 
     State).

     SEC. 1286. GENERAL PROVISIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary, for the 5-year period beginning on October 1, 
     2022, $5,000,000,000, which--
       (A) shall be used to carry out sections 1284 and 1285, in 
     consultation with the appropriate congressional committees 
     and subject to the requirements under chapters 1 and 10 of 
     part I and section 634A of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.); and

[[Page S5745]]

       (B) may include support for--
       (i) enhancing pandemic prevention, preparedness, and 
     response in partner countries through implementation of the 
     Global Health Security and Diplomacy Strategy developed 
     pursuant to section 1284; and
       (ii) United States contributions to a multilateral, 
     catalytic financing mechanism for global health security and 
     pandemic prevention and preparedness described in section 
     1285.
       (2) Exception.--Section 110 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7107) shall not apply to 
     assistance made available pursuant to this subsection.
       (b) Compliance With the Foreign Aid Transparency and 
     Accountability Act of 2016.--Section 2(3) of the Foreign Aid 
     Transparency and Accountability Act of 2016 (Public Law 114-
     191; 22 U.S.C. 2394c note) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) the International Pandemic Preparedness and COVID-19 
     Response Act of 2022.''.

     SEC. 1287. SUNSET.

       This subtitle, and the amendments to this subtitle, shall 
     cease to be effective on September 30, 2027.
                                 ______
                                 
  SA 6220. Mr. PETERS (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 end of subtitle C of title III, add the following:

     SEC. 334. INFORMATIONAL PRODUCT ON KNOWN EXPOSURES TO 
                   PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL 
                   SUBSTANCES ON INSTALLATIONS OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) In General.--Beginning not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall provide to each member of the Armed Forces an 
     informational product on perfluoroalkyl substances and 
     polyfluoroalkyl substances that includes all the major 
     categories of known exposures to such substances while 
     serving in the Armed Forces, including--
       (1) aqueous film forming foam;
       (2) certain industrial products used in aerospace, 
     photographic imaging, semiconductor, automotive, 
     construction, electronics, and aviation industries;
       (3) drinking water systems on an installation of the 
     Department of Defense; and
       (4) surface water and runoff on an installation of the 
     Department.
       (b) Health Concerns.--The informational product required 
     under subsection (a) shall include information about health 
     concerns relating to perfluoroalkyl substances and 
     polyfluoroalkyl substances.
       (c) Perfluoroalkyl Substances and Polyfluoroalkyl 
     Substances Defined.--In this section, the term 
     ``perfluoroalkyl substances and polyfluoroalkyl substances'' 
     means the following:
       (1) Perfluorooctanoic acid (commonly referred to as 
     ``PFOA'', Chemical Abstracts Service No. 335-67-1).
       (2) Perfluorooctane sulfonic acid (commonly referred to as 
     ``PFOS'', Chemical Abstracts Service No. 1763-23-1).
       (3) Perfluorobutanesulfonic acid (commonly referred to as 
     ``PFBS'', Chemical Abstracts Service No. 375-73-5).
       (4) Hexafluoropropylene oxide (commonly referred to as 
     ``GenX'', Chemical Abstracts Service No. 13252-13-1).
                                 ______
                                 
  SA 6221. 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 in title X, insert the following:

     SEC. ___. PROHIBITION ON CONTRACTING WITH COMPANIES THAT 
                   PURCHASE ITEMS AND SERVICES DETERMINED TO POSE 
                   A NATIONAL SECURITY RISK.

       (a) Prohibition.--The Secretary of Defense, in consultation 
     with the heads of such other Federal agencies as the 
     Secretary determines appropriate, shall not contract for, 
     whether directly or through work with or on behalf of another 
     department, agency, organization, or element of the Federal 
     Government, any hardware, software, or services developed or 
     provided, in whole or in part, by--
       (1) any entity on the Entity List maintained by the Bureau 
     of Industry and Security of the Department of Commerce and 
     set forth in Supplement No. 4 to part 744 of title 15, Code 
     of Federal Regulations;
       (2) covered telecommunications equipment or services (as 
     defined in section 52.204-25 of title 48, Code of Federal 
     Regulations, or successor regulations); or
       (3) any service included in the list published pursuant to 
     section 2(a) of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1601(a)).
       (b) Effective Date.--Subsection (a) shall take effect on 
     October 1, 2023.
       (c) Review and Report.--
       (1) Review.--The Secretary of Defense shall, in 
     consultation with the Secretary of Energy, the Secretary of 
     Homeland Security, the Attorney General, the Administrator of 
     the General Services Administration, the Secretary of the 
     Treasury, and the Director of National Intelligence, conduct 
     a review of the procedures for removing suspect products, 
     services, or entities from contracts as required under 
     subsection (a).
       (2) Report.--
       (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 congressional defense committees a report on 
     the review conducted under paragraph (1).
       (B) Elements.--The report submitted under subparagraph (A) 
     shall include the following:
       (i) A description of the authorities of the Department of 
     Defense that may be used to prohibit, exclude, or prevent the 
     use of suspect products, services, or entities by contractors 
     of the Department, including--

       (I) the discretionary authorities of the Department to 
     prohibit, exclude, or prevent the use of such products, 
     services, or entities;
       (II) the authorities of a suspension and debarment official 
     to prohibit, exclude, or prevent the use of such products, 
     services, or entities;
       (III) authorities relating to supply chain risk management;
       (IV) authorities that provide for the continuous monitoring 
     of information technology networks to identify suspect 
     products, services, or entities; and
       (V) the authorities provided under the Federal Information 
     Security Management Act of 2002 (Public Law 107-296).

       (ii) An assessment of any gaps in the authorities described 
     in clause (i), including any gaps in the enforcement of 
     decisions made under such authorities.
       (iii) An explanation of the capabilities and methodologies 
     used to periodically assess and monitor the information 
     technology networks of contractors of the Department of 
     Defense for prohibited products, services, or entities.
       (iv) An assessment of the ability of the Department of 
     Defense to periodically conduct training and exercises in the 
     use of the authorities described in clause (i)--

       (I) to identify recommendations for streamlining process; 
     and
       (II) to identify recommendations for education and training 
     curricula, to be integrated into existing training or 
     certification courses.

       (v) A description of information sharing mechanisms that 
     may be used to share information about suspect products, 
     services, or entities, including mechanisms for the sharing 
     of such information among the Federal Government, industry, 
     the public, and international partners.
       (vi) Identification of existing tools for business 
     intelligence, application management, and commerce due-
     diligence that are either in use by elements of the Federal 
     Government, or that are available commercially, and may be 
     used to monitor the supply chains of contractors of the 
     Department of Defense.
       (vii) Recommendations for improving the authorities, 
     processes, resourcing, and capabilities of the Federal 
     Government for the purpose of improving the procedures for 
     identifying and removing prohibited products or services from 
     the supply chain of contractors of the Department of Defense.
       (viii) Such other matters as the Secretary considers 
     appropriate.
       (C) Form.--The report under subparagraph (A) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 6222. 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:

                  TITLE _____--STRATEGIC EV MANAGEMENT

     SEC. __01 SHORT TITLE.

       This title may be cited as the ``Strategic EV Management 
     Act of 2022''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.

[[Page S5746]]

       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

     SEC. __03. STRATEGIC GUIDANCE.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Director, shall coordinate with the heads of 
     agencies to develop a comprehensive, strategic plan for 
     Federal electric vehicle fleet battery management.
       (b) Contents.--The strategic plan required under subsection 
     (a) shall--
       (1) maximize both cost and environmental efficiencies; and
       (2) incorporate--
       (A) guidelines for optimal charging practices that will 
     maximize battery longevity and prevent premature degradation;
       (B) guidelines for reusing and recycling the batteries of 
     retired vehicles; and
       (C) any other considerations determined appropriate by the 
     Administrator and Director.
       (c) Modification.--The Administrator, in consultation with 
     the Director, may periodically update the strategic plan 
     required under subsection (a) as the Administrator and 
     Director may determine necessary based on new information 
     relating to electric vehicle batteries that becomes 
     available.
       (d) Consultation.--In developing the strategic plan 
     required under subsection (a) the Administrator, in 
     consultation with the Director, may consult with appropriate 
     entities, including--
       (1) the Secretary of Energy;
       (2) the Administrator of the Environmental Protection 
     Agency;
       (3) the Chair of the Council on Environmental Quality;
       (4) scientists who are studying electric vehicle batteries 
     and reuse and recycling solutions;
       (5) laboratories, companies, colleges, universities, or 
     start-ups engaged in battery use, reuse, and recycling 
     research;
       (6) industries interested in electric vehicle battery reuse 
     and recycling;
       (7) electric vehicle equipment manufacturers and recyclers; 
     and
       (8) any other relevant entities, as determined by the 
     Administrator and Director.
       (e) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator and the Director 
     shall submit to the appropriate congressional committees a 
     report that describes the strategic plan required under 
     subsection (a).
       (2) Briefing.--Not later than 4 years after the date of 
     enactment of this Act, the Administrator and the Director 
     shall brief the appropriate congressional committees on the 
     implementation of the strategic plan required under 
     subsection (a) across agencies.

     SEC. __04. STUDY OF FEDERAL FLEET VEHICLES.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report on how the costs and benefits of 
     operating and maintaining electric vehicles in the Federal 
     fleet compare to the costs and benefits of operating and 
     maintaining internal combustion engine vehicles.
                                 ______
                                 
  SA 6223. Mr. CORNYN (for himself 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, insert the following:

     TITLE _____--CORONAVIRUS STATE, LOCAL, AND TRIBAL RELIEF FUNDS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``State, Local, Tribal, and 
     Territorial Fiscal Recovery, Infrastructure, and Disaster 
     Relief Flexibility Act''.

     SEC. __02. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR 
                   INFRASTRUCTURE PROJECTS.

       (a) In General.--Title VI of the Social Security Act (42 
     U.S.C. 801 et seq.) is amended--
       (1) in section 602--
       (A) in subsection (a)(1), by inserting ``(except as 
     provided in subsection (c)(5))'' after ``December 31, 2024''; 
     and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``paragraph (3)'' and inserting ``paragraphs (3), (4), and 
     (5)'';
       (II) by amending subparagraph (C) to read as follows:

       ``(C) for the provision of government services up to an 
     amount equal to the greater of--
       ``(i) the amount of the reduction in revenue of such State, 
     territory, or Tribal government due to the COVID-19 public 
     health emergency relative to revenues collected in the most 
     recent full fiscal year of the State, territory, or Tribal 
     government prior to the emergency; or
       ``(ii) $10,000,000;'';

       (III) in subparagraph (D), by striking the period at the 
     end and inserting ``; or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(E) to provide emergency relief from natural disasters or 
     the negative economic impacts of natural disasters, including 
     temporary emergency housing, food assistance, financial 
     assistance for lost wages, or other immediate needs.''; and
       (ii) by adding at the end the following new paragraph:
       ``(5) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Subject to subparagraph (C), 
     notwithstanding any other provision of law, a State, 
     territory, or Tribal government receiving a payment under 
     this section may use funds provided under such payment for 
     projects described in subparagraph (B), including, to the 
     extent consistent with guidance or rules issued by the 
     Secretary or the head of a Federal agency to which the 
     Secretary has delegated authority pursuant to subparagraph 
     (C)(iv)--
       ``(i) in the case of a project eligible under section 117 
     of title 23, United States Code, or section 5309 or 6701 of 
     title 49, United States Code, to satisfy a non-Federal share 
     requirement applicable to such a project; and
       ``(ii) in the case of a project eligible for credit 
     assistance under the TIFIA program under chapter 6 of title 
     23, United States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 117 of title 23, 
     United States Code.
       ``(ii) A project eligible under section 119 of title 23, 
     United States Code.
       ``(iii) A project eligible under section 124 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(iv) A project eligible under section 133 of title 23, 
     United States Code.
       ``(v) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vi) A project eligible under section 148 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 149 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 151(f) of title 
     23, United States Code, as added by the Infrastructure 
     Investment and Jobs Act.
       ``(ix) A project eligible under section 165 of title 23, 
     United States Code.
       ``(x) A project eligible under section 167 of title 23, 
     United States Code.
       ``(xi) A project eligible under section 173 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xii) A project eligible under section 175 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiii) A project eligible under section 176 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiv) A project eligible under section 202 of title 23, 
     United States Code.
       ``(xv) A project eligible under section 203 of title 23, 
     United States Code.
       ``(xvi) A project eligible under section 204 of title 23, 
     United States Code.
       ``(xvii) A project eligible under the program for national 
     infrastructure investments (commonly known as the `Rebuilding 
     American Infrastructure with Sustainability and Equity 
     (RAISE) grant program').
       ``(xviii) A project eligible for credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xix) A project that furthers the completion of a 
     designated route of the Appalachian Development Highway 
     System under section 14501 of title 40, United States Code.
       ``(xx) A project eligible under section 5307 of title 49, 
     United States Code.
       ``(xxi) A project eligible under section 5309 of title 49, 
     United States Code.
       ``(xxii) A project eligible under section 5311 of title 49, 
     United States Code.
       ``(xxiii) A project eligible under section 5337 of title 
     49, United States Code.
       ``(xxiv) A project eligible under section 5339 of title 49, 
     United States Code.
       ``(xxv) A project eligible under section 6703 of title 49, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xxvi) A project eligible under title I of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5301 et 
     seq.).
       ``(xxvii) A project eligible under the bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program under paragraph (1) under the heading `highway 
     infrastructure program' under the heading `Federal Highway 
     Administration' under the heading `DEPARTMENT OF 
     TRANSPORTATION' under title VIII of division J of the 
     Infrastructure Investment and Jobs Act.
       ``(C) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a State, 
     territory, or Tribal government may use from a payment made 
     under this section

[[Page S5747]]

     for uses described in subparagraph (A) shall not exceed the 
     greater of--

       ``(aa) $10,000,000; and
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xx) 
     through (xxiv) of subparagraph (B).
       ``(iii) Application of requirements.--Except as otherwise 
     determined by the Secretary or the head of a Federal agency 
     to which the Secretary has delegated authority pursuant to 
     clause (iv) or provided in this section--

       ``(I) the requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of subparagraph (B) that relates to broadband 
     infrastructure;
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in 
     subparagraph (B); and
       ``(III) a State government receiving a payment under this 
     section may use funds provided under such payment for 
     projects described in clauses (i) through (xxvii) of 
     subparagraph (B), as applicable, that--

       ``(aa) demonstrate progress in achieving a state of good 
     repair as required by the State's asset management plan under 
     section 119(e) of title 23, United States Code; and
       ``(bb) support the achievement of 1 or more performance 
     targets of the State established under section 150 of title 
     23, United States Code.
       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(v) Supplement, not supplant.--Amounts from a payment 
     made under this section that are used by a State, territory, 
     or Tribal government for uses described in subparagraph (A) 
     shall supplement, and not supplant, other Federal, State, 
     territorial, Tribal, and local government funds (as 
     applicable) otherwise available for such uses.
       ``(D) Reports.--The Secretary, in consultation with the 
     Secretary of Transportation, shall provide periodic reports 
     on the use of funds by States, territories, and Tribal 
     governments under subparagraph (A).
       ``(E) Availability.--Funds provided under a payment made 
     under this section to a State, territory, or Tribal 
     government shall remain available for obligation for a use 
     described in subparagraph (A) through December 31, 2024, 
     except that no amount of such funds may be expended after 
     September 30, 2026.''; and
       (2) in subsection 603--
       (A) in subsection (a), by inserting ``(except as provided 
     in subsection (c)(6))'' after ``December 31, 2024''; and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``paragraphs (3) and (4)'' and inserting ``paragraphs (3), 
     (4), (5), and (6)'';
       (II) by amending subparagraph (C) to read as follows:

       ``(C) for the provision of government services up to an 
     amount equal to the greater of--
       ``(i) the amount of the reduction in revenue of such 
     metropolitan city, nonentitlement unit of local government, 
     or county due to the COVID-19 public health emergency 
     relative to revenues collected in the most recent full fiscal 
     year of the metropolitan city, nonentitlement unit of local 
     government, or county to the emergency; or
       ``(ii) $10,000,000;'';

       (III) in subparagraph (D), by striking the period at the 
     end and inserting ``; or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(E) to provide emergency relief from natural disasters or 
     the negative economic impacts of natural disasters, including 
     temporary emergency housing, food assistance, financial 
     assistance for lost wages, or other immediate needs.''; and
       (ii) by adding at the end the following new paragraph:
       ``(6) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Subject to subparagraph (B), 
     notwithstanding any other provision of law, a metropolitan 
     city, nonentitlement unit of local government, or county 
     receiving a payment under this section may use funds provided 
     under such payment for projects described in subparagraph (B) 
     of section 602(c)(5), including, to the extent consistent 
     with guidance or rules issued by the Secretary or the head of 
     a Federal agency to which the Secretary has delegated 
     authority pursuant to subparagraph (B)(iv)--
       ``(i) in the case of a project eligible under section 117 
     of title 23, United States Code, or section 5309 or 6701 of 
     title 49, United States Code, to satisfy a non-Federal share 
     requirement applicable to such a project; and
       ``(ii) in the case of a project eligible for credit 
     assistance under the TIFIA program under chapter 6 of title 
     23, United States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a metropolitan 
     city, nonentitlement unit of local government, or county may 
     use from a payment made under this section for uses described 
     in subparagraph (A) shall not exceed the greater of--

       ``(aa) $10,000,000; and
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xx) 
     through (xxiv) of section 602(c)(5)(B).
       ``(iii) Application of requirements.--Except as otherwise 
     determined by the Secretary or the head of a Federal agency 
     to which the Secretary has delegated authority pursuant to 
     clause (iv) or provided in this section--

       ``(I) the requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of section 602(c)(5)(B) that relates to 
     broadband infrastructure; and
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in section 
     602(c)(5)(B).

       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(v) Supplement, not supplant.--Amounts from a payment 
     made under this section that are used by a metropolitan city, 
     nonentitlement unit of local government, or county for uses 
     described in subparagraph (A) shall supplement, and not 
     supplant, other Federal, State, territorial, Tribal, and 
     local government funds (as applicable) otherwise available 
     for such uses.
       ``(C) Reports.--The Secretary, in consultation with the 
     Secretary of Transportation, shall provide periodic reports 
     on the use of funds by metropolitan cities, nonentitlement 
     units of local government, or counties under subparagraph 
     (A).
       ``(D) Availability.--Funds provided under a payment made 
     under this section to a metropolitan city, nonentitlement 
     unit of local government, or county shall remain available 
     for obligation for a use described in subparagraph (A) 
     through December 31, 2024, except that no amount of such 
     funds may be expended after September 30, 2026.''.
       (b) Technical Amendments.--Sections 602(c)(3) and 603(c)(3) 
     of title VI of the Social Security Act (42 U.S.C. 802(c)(3), 
     803(c)(3)) are each amended by striking ``paragraph (17) 
     of''.
       (c) Guidance and Effective Date.--
       (1) Guidance or rule.--Within 60 days of the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Transportation, shall 
     issue guidance or promulgate a rule to carry out the 
     amendments made by this section, including updating reporting 
     requirements on the use of funds under this section.
       (2) Effective date.--The amendments made by this section 
     shall take effect upon the issuance of guidance or the 
     promulgation of a rule described in paragraph (1).
       (d) Department of the Treasury Administrative Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the unobligated balances from amounts made available to 
     the Secretary of the Treasury (referred to in this subsection 
     as the ``Secretary'') for administrative expenses pursuant to 
     the provisions specified in paragraph (2) shall be available 
     to the Secretary (in addition to any other appropriations 
     provided for such purpose) for any administrative expenses of 
     the Department of the Treasury determined by the Secretary to 
     be necessary to respond to the coronavirus emergency, 
     including any expenses necessary to implement any provision 
     of--
       (A) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (B) division N of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260);
       (C) the American Rescue Plan Act (Public Law 117-2); or
       (D) title VI of the Social Security Act (42 U.S.C. 801 et 
     seq.).
       (2) Provisions specified.--The provisions specified in this 
     paragraph are the following:
       (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (B) Section 421(f)(2) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).

[[Page S5748]]

       (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
       (D) Section 602(a)(2) of the Social Security Act (42 U.S.C. 
     802(a)(2)).

     SEC. __03. EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF 
                   FUND PAYMENTS TO TRIBAL GOVERNMENTS.

       Section 601(d)(3) of the Social Security Act (42 U.S.C. 
     801(d)(3)) is amended by inserting ``(or, in the case of 
     costs incurred by a Tribal government, during the period that 
     begins on March 1, 2020, and ends on December 31, 2023)'' 
     before the period.

     SEC. __04. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY 
                   FUNDS DECLINED BY STATES, TERRITORIES, OR OTHER 
                   GOVERNMENTAL ENTITIES.

       Title VI of the Social Security Act (42 U.S.C. 801 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES, 
                   TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.

       ``(a) Rescission.--
       ``(1) In general.--Subject to paragraphs (2) and (3), if a 
     State, territory, or other governmental entity provides 
     notice to the Secretary of the Treasury in the manner 
     provided by the Secretary of the Treasury that the State, 
     territory, or other governmental entity intends to decline 
     all or a portion of the amounts that are to be awarded to the 
     State, territory, or other governmental entity from funds 
     appropriated under this title, an amount equal to the 
     unaccepted amounts or portion of such amounts allocated by 
     the Secretary of the Treasury as of the date of such notice 
     that would have been awarded to the State, territory, or 
     other governmental entity shall be rescinded from the 
     applicable appropriation account.
       ``(2) Exclusion.--Paragraph (1) shall not apply with 
     respect to funds that are to be paid to a State under section 
     603 for distribution to nonentitlement units of local 
     government.
       ``(3) Rules of construction.--Paragraph (1) shall not be 
     construed as--
       ``(A) preventing a sub-State governmental entity, including 
     a nonentitlement unit of local government, from notifying the 
     Secretary of the Treasury that the sub-State governmental 
     entity intends to decline all or a portion of the amounts 
     that a State may distribute to the entity from funds 
     appropriated under this title; or
       ``(B) allowing a State to prohibit or otherwise prevent a 
     sub-State governmental entity from providing such a notice.
       ``(b) Use for Deficit Reduction.--Amounts rescinded under 
     subsection (a) shall be deposited in the general fund of the 
     Treasury for the sole purpose of deficit reduction.
       ``(c) State or Other Governmental Entity Defined.--In this 
     section, the term `State, territory, or other governmental 
     entity' means any entity to which a payment may be made 
     directly to the entity under this title other than a Tribal 
     government, as defined in sections 601(g), 602(g), and 
     604(d), and an eligible Tribal government, as defined in 
     section 605(f).''.
                                 ______
                                 
  SA 6224. Mr. TILLIS (for himself 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 end, add the following:

       DIVISION E--LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION ACT

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Lumbee Tribe of North 
     Carolina Recognition Act of 2022''.

     SEC. 5002. FEDERAL RECOGNITION.

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

     ``SEC. 3. DESIGNATION OF LUMBEE INDIANS.

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

     ``SECTION 1. FINDINGS.

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

     ``SEC. 2. DEFINITIONS.

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

     ``SEC. 4. FEDERAL RECOGNITION.

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

     ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.

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

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

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

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

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

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 9. SHORT TITLE.

       ``This Act may be cited as the `Lumbee Tribe of North 
     Carolina Recognition Act'.''.
                                 ______
                                 
  SA 6225. 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,

[[Page S5749]]

to prescribe military personnel 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:

     SECTION 1052. SECURING AMERICA'S BORDERS AGAINST FENTANYL.

       (a) Short Title.--This section may be cited as the 
     ``Securing America's Borders Against Fentanyl Act''.
       (b) Definitions.--In this section:
       (1) 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.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (c) Reports, Evaluations, and Research Regarding Drug 
     Interdiction at and Between Ports of Entry.--
       (1) Research on additional technologies to detect 
     fentanyl.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Centers for Disease Control and Prevention, the Drug 
     Enforcement Administration, the Food and Drug Administration, 
     the Defense Advanced Research Projects Agency, the 
     Intelligence Advanced Research Projects Activity, and any 
     other Federal agency that the Secretary deems appropriate, 
     shall research additional technological solutions--
       (i) to target and detect illicit fentanyl and its 
     precursors, including low-purity fentanyl, especially in 
     counterfeit pressed tablets, and illicit pill press molds;
       (ii) to enhance targeting of counterfeit pills through 
     nonintrusive, noninvasive, and other visual screening 
     technologies; and
       (iii) to enhance data-driven targeting to increase 
     interdiction and seizure rates of fentanyl, its precursors, 
     and illicit pill press molds.
       (B) Authorization of appropriations.--There is authorized 
     to be appropriated to the Department $20,000,000 for each of 
     the fiscal years 2023 through 2027 to carry out this 
     paragraph.
       (2) Evaluation of current technologies and strategies in 
     illicit drug interdiction and procurement decisions.--
       (A) Establishment of data collection program.--
       (i) In general.--The Secretary, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Director of the Federal Bureau of Investigation, the Director 
     of the Centers for Disease Control and Prevention, the 
     Commissioner of Food and Drugs, and the Postmaster General, 
     shall establish a program to collect available data and 
     develop metrics to measure the effectiveness of technologies 
     and strategies used by the Department (including U.S. Customs 
     and Border Protection) and other relevant Federal agencies 
     for detecting, deterring, or addressing illicit fentanyl and 
     its precursors being trafficking into the United States at 
     and between land, air, and sea ports of entry.
       (ii) Considerations.--The data and metrics program 
     established pursuant to clause (i) may consider--

       (I) the rate of detection of fentanyl at random secondary 
     inspections at such ports of entry;
       (II) investigations and intelligence sharing into the 
     origins of illicit fentanyl later detected within the United 
     States; and
       (III) other data or metrics that the Secretary considers 
     appropriate.

       (iii) Updates.--The Secretary, as appropriate and in the 
     coordination with the officials referred to in clause (i), 
     may update the data and metrics program established pursuant 
     to clause (i).
       (B) Reports.--
       (i) Department of homeland security.--Not later than 1 year 
     after the date of the enactment of this Act and biennially 
     thereafter, the Secretary, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Director of the Federal Bureau of Investigation, the Director 
     of the Centers for Disease Control and Prevention, the 
     Commissioner of Food and Drugs, and the Postmaster General 
     shall, based on the data collected and metrics developed 
     under the program established pursuant to subparagraph (A), 
     submit a report to the appropriate congressional committees 
     that--

       (I) examines and analyzes current technologies deployed at 
     land, air, and sea ports of entry, including pilot 
     technologies, to assess how well and accurately such 
     technologies detect, deter, interdict, and address fentanyl 
     and its precursors;
       (II) examines and analyzes current technologies deployed 
     between land ports of entry, including pilot technologies and 
     technologies used to inspect international mail and express 
     cargo, to assess how well and accurately such technologies 
     detect, deter, interdict, and address fentanyl and its 
     precursors;
       (III) contains a cost-benefit analysis of technologies used 
     in drug interdiction; and
       (IV) describes how such analysis may be used when making 
     procurement decisions relating to such technologies.

       (ii) Government accountability office.--Not later than 1 
     year after the submission of each report required under 
     clause (i), the Comptroller General of the United States 
     shall submit a report to the appropriate congressional 
     committees that evaluates and, as appropriate, makes 
     recommendations to improve, the data collected and metrics 
     used in each such report.
       (d) Office of National Drug Control Policy Performance 
     Measurement System Supplemental Strategies.--Section 706(h) 
     of the Office of National Drug Control Policy Reauthorization 
     Act of 1998 (21 U.S.C. 1705(h)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) develops performance measures and targets for the 
     National Drug Control Strategy for supplemental strategies 
     (including the Southwest Border, Northern Border, and 
     Caribbean Border Counternarcotics Strategies)--
       ``(A) to effectively evaluate region-specific goals, to the 
     extent the performance measurement system does not adequately 
     measure the effectiveness of the strategies, as determined by 
     the Director; and
       ``(B) may evaluate interdiction efforts at and between 
     ports of entry, interdiction technology, intelligence 
     sharing, diplomacy, and other appropriate metrics, specific 
     to each supplemental strategies region, as determined by the 
     Director.''.
                                 ______
                                 
  SA 6226. Mr. KELLY (for himself, Mr. Rounds, 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 end of subtitle G of title V, add the following:

     SEC. 589. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO E. 
                   ROYCE WILLIAMS FOR ACTS OF VALOR DURING THE 
                   KOREAN WAR.

       (a) Waiver of Time Limitations.--Notwithstanding the time 
     limitations specified in section 8298 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the President may award the Medal of Honor under 
     section 8291 of such title to E. Royce Williams for the acts 
     of valor described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor described 
     in this subsection are the actions of E. Royce Williams, as a 
     lieutenant in the Navy, on November 18, 1952.
                                 ______
                                 
  SA 6227. Mr. HEINRICH (for himself and 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, add the following:

         DIVISION E--RECOVERING AMERICA'S WILDLIFE ACT OF 2022

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Recovering America's 
     Wildlife Act of 2022''.

     SEC. 5002. STATEMENT OF PURPOSE.

       The purpose of this division is to extend financial and 
     technical assistance to States, territories, the District of 
     Columbia, and Indian Tribes, including under the Pittman-
     Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), 
     for the purpose of avoiding the need to list species, or 
     recovering species currently listed as a threatened species 
     or an endangered species, under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) or under State law.

            TITLE LI--WILDLIFE CONSERVATION AND RESTORATION

     SEC. 5101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

       (a) In General.--Section 3 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669b) is amended in 
     subsection (c)--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (9) and (10); and
       (2) by striking paragraph (1) and inserting the following:
       ``(1) Establishment of subaccount.--
       ``(A) In general.--There is established in the fund a 
     subaccount to be known as the `Wildlife Conservation and 
     Restoration Subaccount' (referred to in this section as the 
     `Subaccount').
       ``(B) Availability.--Amounts in the Subaccount shall be 
     available without further appropriation, for each fiscal 
     year, for apportionment in accordance with this Act.
       ``(C) Deposits into subaccount.--
       ``(i) In general.--The Secretary of the Treasury shall 
     transfer from the general fund of the Treasury to the 
     Subaccount--

[[Page S5750]]

       ``(I) for fiscal year 2022, $850,000,000;
       ``(II) for fiscal year 2023, $1,100,000,000;
       ``(III) for fiscal year 2024, $1,200,000,000; and
       ``(IV) for fiscal year 2025, and for each fiscal year 
     thereafter, $1,300,000,000.

       ``(ii) Funding source.--

       ``(I) Definition.--In this clause, the term `remaining 
     natural resource or environmental-related violation revenue' 
     means the amount of all civil or criminal penalties, fines, 
     sanctions, forfeitures, or other revenues resulting from 
     natural resource or environmental-related violations or 
     enforcement actions by any Federal agency that are not 
     directed to be deposited in a fund other than the general 
     fund of the Treasury or have otherwise been appropriated.
       ``(II) Use of revenue.--Beginning in fiscal year 2022, and 
     for each fiscal year thereafter, the total amount of the 
     remaining natural resource or environmental-related violation 
     revenue with respect to the previous fiscal year--

       ``(aa) shall be deposited in the general fund of the 
     Treasury; and
       ``(bb) shall be available for the purposes of the transfer 
     under clause (i).
       ``(2) Supplement not supplant.--Amounts transferred to the 
     Subaccount shall supplement, but not replace, existing funds 
     available to the States from--
       ``(A) the funds distributed pursuant to the Dingell-Johnson 
     Sport Fish Restoration Act (16 U.S.C. 777 et seq.); and
       ``(B) the fund.
       ``(3) Innovation grants.--
       ``(A) In general.--The Secretary shall distribute 10 
     percent of funds apportioned from the Subaccount through a 
     competitive grant program to State fish and wildlife 
     departments, the District of Columbia fish and wildlife 
     department, fish and wildlife departments of territories, or 
     to regional associations of fish and wildlife departments (or 
     any group composed of more than 1 such entity).
       ``(B) Purpose.--Such grants shall be provided for the 
     purpose of catalyzing innovation of techniques, tools, 
     strategies, or collaborative partnerships that accelerate, 
     expand, or replicate effective and measurable recovery 
     efforts for species of greatest conservation need and species 
     listed under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) and the habitats of such species.
       ``(C) Review committee.--The Secretary shall appoint a 
     review committee comprised of--
       ``(i) a State Director from each regional association of 
     State fish and wildlife departments;
       ``(ii) the head of a department responsible for fish and 
     wildlife management in a territory;
       ``(iii) one delegate from the United States Fish and 
     Wildlife Service, for the purpose of providing technical 
     assistance; and
       ``(iv) beginning in fiscal year 2022, four individuals 
     representing four different nonprofit organizations each of 
     which is actively participating in carrying out wildlife 
     conservation restoration activities using funds apportioned 
     from the Subaccount.
       ``(D) Support from united states fish and wildlife 
     service.--Using not more than 3 percent of the amounts 
     apportioned under subparagraph (A) to carry out a competitive 
     grant program, the United States Fish and Wildlife Service 
     shall provide any personnel or administrative support 
     services necessary for such Committee to carry out its 
     responsibilities under this Act.
       ``(E) Evaluation.--Such committee shall evaluate each 
     proposal submitted under this paragraph and recommend 
     projects for funding, giving preference to solutions that 
     accelerate the recovery of species identified as priorities 
     through regional scientific assessments of species of 
     greatest conservation need.
       ``(4) Use of funds.--Funds apportioned from the Subaccount 
     shall be used for purposes consistent with section 5002 of 
     the Recovering America's Wildlife Act of 2022 and--
       ``(A) shall be used to implement the Wildlife Conservation 
     Strategy of a State, territory, or the District of Columbia, 
     as required under section 4(e), by carrying out, revising, or 
     enhancing existing wildlife and habitat conservation and 
     restoration programs and developing and implementing new 
     wildlife conservation and restoration programs to recover and 
     manage species of greatest conservation need and the key 
     habitats and plant community types essential to the 
     conservation of those species, as determined by the 
     appropriate State fish and wildlife department;
       ``(B) shall be used to develop, revise, and enhance the 
     Wildlife Conservation Strategy of a State, territory, or the 
     District of Columbia, as may be required by this Act;
       ``(C) shall be used to assist in the recovery of species 
     found in the State, territory, or the District of Columbia 
     that are listed as endangered species, threatened species, 
     candidate species or species proposed for listing, or species 
     petitioned for listing under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) or under State law;
       ``(D) may be used for wildlife conservation education and 
     wildlife-associated recreation projects, especially in 
     historically underserved communities;
       ``(E) may be used to manage a species of greatest 
     conservation need whose range is shared with another State, 
     territory, Indian Tribe, or foreign government and for the 
     conservation of the habitat of such species;
       ``(F) may be used to manage, control, and prevent invasive 
     species, disease, and other risks to species of greatest 
     conservation need; and
       ``(G) may be used for law enforcement activities that are 
     directly related to the protection and conservation of a 
     species of greatest conservation need and the habitat of such 
     species.
       ``(5) Minimum required spending for endangered species 
     recovery.--Not less than an average of 15 percent over a 5-
     year period of amounts apportioned to a State, territory, or 
     the District of Columbia from the Subaccount shall be used 
     for purposes described in paragraph (4)(C). The Secretary may 
     reduce the minimum requirement of a State, territory, or the 
     District of Columbia on an annual basis if the Secretary 
     determines that the State, territory, or the District of 
     Columbia is meeting the conservation and recovery needs of 
     all species described in paragraph (4)(C).
       ``(6) Public access to private lands not required.--Funds 
     apportioned from the Subaccount shall not be conditioned upon 
     the provision of public access to private lands, waters, or 
     holdings.
       ``(7) Requirements for matching funds.--
       ``(A) For the purposes of the non-Federal fund matching 
     requirement for a wildlife conservation or restoration 
     program or project funded by the Subaccount, a State, 
     territory, or the District of Columbia may use as matching 
     non-Federal funds--
       ``(i) funds from Federal agencies other than the Department 
     of the Interior and the Department of Agriculture;
       ``(ii) donated private lands and waters, including 
     privately owned easements;
       ``(iii) in circumstances described in subparagraph (B), 
     revenue generated through the sale of State hunting and 
     fishing licenses; and
       ``(iv) other sources consistent with part 80 of title 50, 
     Code of Federal Regulations, in effect on the date of 
     enactment of the Recovering America's Wildlife Act of 2022.
       ``(B) Revenue described in subparagraph (A)(iii) may only 
     be used to fulfill the requirements of such non-Federal fund 
     matching requirement if--
       ``(i) no Federal funds apportioned to the State fish and 
     wildlife department of such State from the Wildlife 
     Restoration Program or the Sport Fish Restoration Program 
     have been reverted because of a failure to fulfill such non-
     Federal fund matching requirement by such State during the 
     previous 2 years; and
       ``(ii) the project or program being funded benefits the 
     habitat of a hunted or fished species and a species of 
     greatest conservation need.
       ``(8) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Partnerships.--The term `partnerships' may include 
     collaborative efforts with Federal agencies, State agencies, 
     local agencies, Indian Tribes, nonprofit organizations, 
     academic institutions, industry groups, and private 
     individuals to implement a State's Wildlife Conservation 
     Strategy.
       ``(B) Species of greatest conservation need.--The term 
     `species of greatest conservation need' may be fauna or 
     flora, and may include terrestrial, aquatic, marine, and 
     invertebrate species that are of low population, declining, 
     rare, or facing threats and in need of conservation 
     attention, as determined by each State fish and wildlife 
     department, with respect to funds apportioned to such State.
       ``(C) Territory and territories.--The terms `territory' and 
     `territories' mean the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the United States Virgin Islands.
       ``(D) Wildlife.--The term `wildlife' means any species of 
     wild, freeranging fauna, including fish, and also fauna in 
     captive breeding programs the object of which is to 
     reintroduce individuals of a depleted indigenous species into 
     previously occupied range.''.
       (b) Allocation and Apportionment of Available Amounts.--
     Section 4 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669c) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``to the District of 
     Columbia and to the Commonwealth of Puerto Rico, each'' and 
     inserting ``To the District of Columbia'';
       (ii) in subparagraph (B)--

       (I) by striking ``to Guam'' and inserting ``To Guam''; and
       (II) by striking ``not more than one-fourth of one 
     percent'' and inserting ``not less than one-third of one 
     percent''; and

       (iii) by adding at the end the following:
       ``(C) To the Commonwealth of Puerto Rico, a sum equal to 
     not less than 1 percent thereof.'';
       (B) in paragraph (2)(A)--
       (i) by amending clause (i) to read as follows:
       ``(i) one-half of which is based on the ratio to which the 
     land and water area of such State bears to the total land and 
     water area of all such States;'';
       (ii) in clause (ii)--

       (I) by striking ``two-thirds'' and inserting ``one-
     quarter''; and
       (II) by striking the period and inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) one-quarter of which is based upon the ratio to 
     which the number of species listed as endangered or 
     threatened under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) in such State bears to the total

[[Page S5751]]

     number of such species listed in all such States.'';
       (C) by amending paragraph (2)(B) to read as follows:
       ``(B) The amounts apportioned under this paragraph shall be 
     adjusted equitably so that no such State, unless otherwise 
     designated, shall be apportioned a sum which is less than 1 
     percent or more than 5 percent of the amount available for 
     apportionment under--
       ``(i) subparagraph (A)(i);
       ``(ii) subparagraph (A)(ii); and
       ``(iii) the overall amount available for subparagraph 
     (A).''; and
       (D) in paragraph (3), by striking ``3 percent'' and 
     inserting ``1.85 percent'';
       (2) in subsection (e)(4)--
       (A) by amending subparagraph (B) to read as follows:
       ``(B) Not more than an average of 15 percent over a 5-year 
     period of amounts apportioned to each State, territory, or 
     the District of Columbia under this section for a wildlife 
     conservation and restoration program may be used for wildlife 
     conservation education and wildlife-associated recreation.''; 
     and
       (B) by inserting after subparagraph (B), as so amended, the 
     following:
       ``(C) 5 percent of amounts apportioned to each State, each 
     territory, or the District of Columbia under this section for 
     a wildlife conservation and restoration program shall be 
     reserved for States and territories that include plants among 
     their species of greatest conservation need and in the 
     conservation planning and habitat prioritization efforts of 
     their Wildlife Conservation Strategy. Each eligible State, 
     territory, or the District of Columbia shall receive an 
     additional 5 percent of their apportioned amount. Any 
     unallocated resources shall be allocated proportionally among 
     all States and territories under the formulas of this 
     section.''; and
       (3) by adding at the end following:
       ``(f) Minimization of Planning and Reporting.--Nothing in 
     this Act shall be interpreted to require a State to create a 
     comprehensive strategy related to conservation education or 
     outdoor recreation.
       ``(g) Accountability.--
       ``(1) In general.--Not more than one year after the date of 
     enactment of the Recovering America's Wildlife Act of 2022 
     and every 3 years thereafter, each State fish and wildlife 
     department shall submit a 3-year work plan and budget for 
     implementing its Wildlife Conservation Strategy and a report 
     describing the results derived from activities accomplished 
     under subsection (e) during the previous 3 years to the 
     United States Fish and Wildlife Service for review, which 
     shall summarize such findings and submit a report to--
       ``(A) the Committee on Environment and Public Works of the 
     Senate; and
       ``(B) the Committee on Natural Resources of the House of 
     Representatives.
       ``(2) Requirements.--The format of the 3-year work plans, 
     budgets, and reports required under paragraph (1) shall be 
     established by the United States Fish and Wildlife Service, 
     in consultation with the Association of Fish and Wildlife 
     Agencies.
       ``(3) GAO study.--Not later than 7 years after the date of 
     enactment of the Recovering America's Wildlife Act of 2022, 
     the Comptroller General of the United States shall conduct a 
     study to examine the progress of States, territories, the 
     District of Columbia, and Indian Tribes towards achieving the 
     purpose described in section 5002 of that Act.''.

     SEC. 5102. TECHNICAL AMENDMENTS.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) in paragraph (7), by striking ``including fish,''; and
       (2) in paragraph (9), by inserting ``Indian Tribes, 
     academic institutions,'' before ``wildlife conservation 
     organizations''.
       (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669a et seq.) is amended--
       (1) in section 3--
       (A) in subsection (a)--
       (i) by striking ``(1) An amount equal to'' and inserting 
     ``An amount equal to''; and
       (ii) by striking paragraph (2);
       (B) in subsection (c)--
       (i) in paragraph (9), as redesignated by section 
     5101(a)(1), by striking ``or an Indian tribe''; and
       (ii) in paragraph (10), as redesignated by section 
     5101(a)(1), by striking ``Wildlife Conservation and 
     Restoration Account'' and inserting ``Subaccount''; and
       (C) in subsection (d), by striking ``Wildlife Conservation 
     and Restoration Account'' and inserting ``Subaccount'';
       (2) in section 4 (16 U.S.C. 669c)--
       (A) in subsection (d)--
       (i) in the heading, by striking ``Account'' and inserting 
     ``Subaccount''; and
       (ii) by striking ``Account'' each place it appears and 
     inserting ``Subaccount''; and
       (B) in subsection (e)(1), by striking ``Account'' and 
     inserting ``Subaccount''; and
       (3) in section 8 (16 U.S.C. 669g), in subsection (a), by 
     striking ``Account'' and inserting ``Subaccount''.

     SEC. 5103. SAVINGS CLAUSE.

       The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
     669 et seq.) is amended--
       (1) by redesignating section 14 as section 16; and
       (2) by inserting after section 13 the following:

     ``SEC. 14. SAVINGS CLAUSE.

       ``Nothing in this Act shall be construed to enlarge or 
     diminish the authority, jurisdiction, or responsibility of a 
     State to manage, control, or regulate fish and wildlife under 
     the law and regulations of the State on lands and waters 
     within the State, including on Federal lands and waters.

     ``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

       ``If any conflict arises between any provision of this Act 
     and any provision of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3101 et seq.) or the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.), then 
     the provision in the Alaska National Interest Lands 
     Conservation Act or the Alaska Native Claims Settlement Act 
     shall prevail.''.

        TITLE LII--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

     SEC. 5201. INDIAN TRIBES.

       (a) Definitions.--In this section:
       (1) Account.--The term ``Account'' means the Tribal 
     Wildlife Conservation and Restoration Account established by 
     subsection (b)(1).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given such term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Tribal species of greatest conservation need.--The term 
     ``Tribal species of greatest conservation need'' means any 
     species identified by an Indian Tribe as requiring 
     conservation management because of declining population, 
     habitat loss, or other threats, or because of their 
     biological or cultural importance to such Tribe.
       (5) Wildlife.--The term ``wildlife'' means--
       (A) any species of wild flora or fauna including fish and 
     marine mammals;
       (B) flora or fauna in a captive breeding, rehabilitation, 
     and holding or quarantine program, the object of which is to 
     reintroduce individuals of a depleted indigenous species into 
     previously occupied range or to maintain a species for 
     conservation purposes; and
       (C) does not include game farm animals.
       (b) Tribal Wildlife Conservation and Restoration Account.--
       (1) In general.--There is established in the Treasury an 
     account to be known as the ``Tribal Wildlife Conservation and 
     Restoration Account''.
       (2) Availability.--Amounts in the Account shall be 
     available for each fiscal year without further appropriation 
     for apportionment in accordance with this title.
       (3) Deposits into account.--
       (A) In general.--Beginning in fiscal year 2022, and for 
     each fiscal year thereafter, the Secretary of the Treasury 
     shall transfer $97,500,000 from the general fund of the 
     Treasury to the Account.
       (B) Funding source.--
       (i) Definition.--In this subparagraph, the term ``remaining 
     natural resource or environmental-related violation revenue'' 
     means the amount of all civil or criminal penalties, fines, 
     sanctions, forfeitures, or other revenues resulting from 
     natural resource or environmental-related violations or 
     enforcement actions by any Federal agency that are not 
     directed to be deposited in a fund other than the general 
     fund of the Treasury or have otherwise been appropriated.
       (ii) Use of revenue.--Beginning in fiscal year 2022, and 
     for each fiscal year thereafter, the total amount of the 
     remaining natural resource or environmental-related violation 
     revenue with respect to the previous fiscal year--

       (I) shall be deposited in the general fund of the Treasury; 
     and
       (II) shall be available for the purposes of the transfer 
     under subparagraph (A).

       (c) Distribution of Funds to Indian Tribes.--Each fiscal 
     year, the Secretary of the Treasury shall deposit funds into 
     the Account and distribute such funds through a 
     noncompetitive application process according to guidelines 
     and criteria, and reporting requirements determined by the 
     Secretary of the Interior, acting through the Director of the 
     Bureau of Indian Affairs, in consultation with Indian Tribes. 
     Such funds shall remain available until expended.
       (d) Wildlife Management Responsibilities.--The distribution 
     guidelines and criteria described in subsection (c) shall be 
     based, in part, upon an Indian Tribe's wildlife management 
     responsibilities. Any funding allocated to an Indian Tribe in 
     Alaska may only be used in a manner consistent with the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known 
     as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21). 
     Alaska Native Corporations or Tribes may enter into 
     cooperative agreements with the State of Alaska on 
     conservation projects of mutual concern.
       (e) Use of Funds.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may distribute funds from the Account to an Indian 
     Tribe for any of the following purposes:
       (A) To develop, carry out, revise, or enhance wildlife 
     conservation and restoration programs to manage Tribal 
     species of greatest conservation need and the habitats of 
     such species, as determined by the Indian Tribe.
       (B) To assist in the recovery of species listed as an 
     endangered or threatened species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).
       (C) For wildlife conservation education and wildlife-
     associated recreation projects.

[[Page S5752]]

       (D) To manage a Tribal species of greatest conservation 
     need and the habitat of such species, the range of which may 
     be shared with a foreign country, State, or other Indian 
     Tribe.
       (E) To manage, control, and prevent invasive species as 
     well as diseases and other risks to wildlife.
       (F) For law enforcement activities that are directly 
     related to the protection and conservation of wildlife.
       (G) To develop, revise, and implement comprehensive 
     wildlife conservation strategies and plans for such Tribe.
       (H) For the hiring and training of wildlife conservation 
     and restoration program staff.
       (2) Conditions on the use of funds.--
       (A) Required use of funds.--In order to be eligible to 
     receive funds under subsection (c), a Tribe's application 
     must include a proposal to use funds for at least one of the 
     purposes described in subparagraphs (A) and (B) of paragraph 
     (1).
       (B) Imperiled species recovery.--In distributing funds 
     under this section, the Secretary shall distribute not less 
     than 15 percent of the total funds distributed to proposals 
     to fund the recovery of a species, subspecies, or distinct 
     population segment listed as a threatened species, endangered 
     species, or candidate species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) or Tribal law.
       (C) Limitation.--In distributing funds under this section, 
     the Secretary shall distribute not more than 15 percent of 
     all funds distributed under this section for the purpose 
     described in paragraph (1)(C).
       (f) No Matching Funds Required.--No Indian Tribe shall be 
     required to provide matching funds to be eligible to receive 
     funds under this title.
       (g) Public Access Not Required.--Funds apportioned from the 
     Tribal Wildlife Conservation and Restoration Account shall 
     not be conditioned upon the provision of public or non-Tribal 
     access to Tribal or private lands, waters, or holdings.
       (h) Administrative Costs.--Of the funds deposited under 
     subsection (b)(3) for each fiscal year, not more than 3 
     percent shall be used by the Secretary for administrative 
     costs.
       (i) Savings Clause.--Nothing in this title shall be 
     construed as modifying or abrogating a treaty with any Indian 
     Tribe, or as enlarging or diminishing the authority, 
     jurisdiction, or responsibility of an Indian Tribe to manage, 
     control, or regulate wildlife.
       (j) Statutory Construction With Respect to Alaska.--If any 
     conflict arises between any provision of this title and any 
     provision of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3101 et seq.) or the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.), then the provision 
     in the Alaska National Interest Lands Conservation Act or the 
     Alaska Native Claims Settlement Act shall prevail.

TITLE LIII--ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY 
                                  FUND

     SEC. 5301. ENDANGERED SPECIES RECOVERY AND HABITAT 
                   CONSERVATION LEGACY FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Endangered 
     Species Recovery and Habitat Conservation Legacy Fund'' 
     (referred to in this section as the ``Fund'').
       (b) Funding.--For each of fiscal years 2022 through 2025, 
     the Secretary of the Treasury shall transfer from the general 
     fund of the Treasury to the Fund $187,500,000.
       (c) Availability of Funds.--Amounts in the Fund shall be 
     available to the Secretary of the Interior, acting through 
     the Director of the United States Fish and Wildlife Service 
     (referred to in this section as the ``Secretary''), as 
     provided in subsection (e), without further appropriation or 
     fiscal year limitation.
       (d) Investment of Amounts.--
       (1) In general.--The Secretary may request the Secretary of 
     the Treasury to invest any portion of the Fund that is not, 
     as determined by the Secretary, required to meet the current 
     needs of the Fund.
       (2) Requirement.--An investment requested under paragraph 
     (1) shall be made by the Secretary of the Treasury in a 
     public debt security--
       (A) with a maturity suitable to the needs of the Fund, as 
     determined by the Secretary; and
       (B) bearing interest at a rate determined by the Secretary 
     of the Treasury, taking into consideration current market 
     yields on outstanding marketable obligations of the United 
     States of comparable maturity.
       (3) Credits to fund.--The income on investments of the Fund 
     under this subsection shall be credited to, and form a part 
     of, the Fund.
       (e) Use of Funds.--Amounts in the Fund shall be used for 
     recovering the species managed under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.), in addition to amounts 
     otherwise available for such purposes, as follows:
       (1) Endangered species recovery grant program.--$75,000,000 
     for each of fiscal years 2022 through 2025, to remain 
     available until expended, shall be used to establish and 
     implement a grant and technical assistance program, to be 
     known as the ``Endangered Species Recovery Grant Program'', 
     to provide competitive matching grants for the purpose of 
     recovering species listed as a threatened species or an 
     endangered species under section 4 of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533) by addressing the backlog in the 
     development of recovery plans, and implementing the backlog 
     of activities identified in existing recovery plans, under 
     subsection (f) of that section (16 U.S.C. 1533(f)). The 
     Secretary shall enter into an agreement with the National 
     Fish and Wildlife Foundation to establish and cooperatively 
     manage the Endangered Species Recovery Grant Program in 
     accordance with the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) and the National Fish and Wildlife Foundation 
     Establishment Act (16 U.S.C. 3701 et seq.).
       (2) Interagency consultation responsibilities.--$75,000,000 
     for each of fiscal years 2022 through 2025, to remain 
     available until expended, shall be used for the United States 
     Fish and Wildlife Service to address interagency consultation 
     responsibilities under section 7 of the Endangered Species 
     Act of 1973 (16 U.S.C. 1536).
       (3) Conservation activities.--$28,125,000 for each of 
     fiscal years 2022 through 2025, to remain available until 
     expended, shall be used for the United States Fish and 
     Wildlife Service to work with non-Federal entities, including 
     through, but not limited to, the Partners for Fish and 
     Wildlife Program, the Coastal Program, and the North American 
     Wetlands Conservation Act (16 U.S.C. 4401 et seq.)--
       (A) to conserve at risk species, species that are 
     candidates or proposed for listing, and species that are 
     listed as threatened or endangered species under section 4 of 
     the Endangered Species Act of 1973 (16 U.S.C. 1533), 
     including through rescue and rehabilitation efforts; and
       (B) to conserve wildlife habitat.
       (4) Voluntary conservation agreements.--$9,375,000 for each 
     of fiscal years 2022 through 2025, to remain available until 
     expended, shall be used for the United States Fish and 
     Wildlife Service to address the development and permitting of 
     voluntary conservation agreements under section 10 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1539).
       (f) Supplement, Not Supplant.--Amounts made available under 
     this section shall supplement and not supplant any other 
     Federal amounts made available to carry out activities 
     described in this section in an annual appropriations Act of 
     Congress.
       (g) Submission of Species Lists to Congress.--
       (1) Priority list of species.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary, shall 
     submit to the Committees on Environment and Public Works and 
     Appropriations of the Senate and the Committees on Natural 
     Resources and Appropriations of the House of Representatives 
     a list of threatened species and endangered species for which 
     recovery plans described in subsection (e)(1) will be 
     developed or implemented for fiscal year 2023.
       (2) Annual list of species.--Until the date on which all of 
     the amounts in the Fund are expended, the President shall 
     annually submit to Congress, together with the annual budget 
     of the United States, a list of threatened species and 
     endangered species for which recovery plans described in 
     subsection (e)(1) will be developed or implemented with 
     amounts from the Fund.
       (h) Public Donations.--
       (1) In general.--The Secretary may accept public cash 
     donations that advance efforts--
       (A) to address the backlog in the development and 
     implementation of recovery plans; and
       (B) to encourage relevant public-private partnerships.
       (2) Credits to fund.--Any cash donations accepted under 
     paragraph (1) shall be credited to, and form a part of, the 
     Fund.
       (3) Rejection of donations.--The Secretary may reject a 
     donation under this section when the rejection is in the 
     interest of the Federal Government, as determined by the 
     Secretary.
       (i) Allocation Authority.--
       (1) Submission of cost estimates.--The President shall 
     submit to Congress detailed allocations by program element of 
     the amount recommended for allocation in a fiscal year from 
     amounts made available under subsection (c), consistent with 
     the use of funds under subsection (e), as follows:
       (A) For fiscal year 2023, not later than 90 days after the 
     date of enactment of this Act.
       (B) For each fiscal year thereafter, until the date on 
     which all of the amounts in the Fund are allocated, as part 
     of the annual budget submission of the President under 
     section 1105(a) of title 31, United States Code.
       (2) Alternate allocation.--
       (A) In general.--The Committees on Appropriations of the 
     Senate and House of Representatives may provide for alternate 
     allocation of amounts recommended for allocation in a given 
     fiscal year from amounts made available under subsection (c), 
     consistent with the use of funds under subsection (e), 
     including allocations by program element.
       (B) Allocation by president.--
       (i) No alternate allocations.--If Congress has not enacted 
     legislation establishing alternate allocations, including by 
     program, by the date on which the Act making full-year 
     appropriations for the Department of the Interior, 
     Environment, and Related Agencies for the applicable fiscal 
     year is enacted into law, only then shall amounts recommended 
     for allocation for that fiscal year from amounts made 
     available under subsection (c), consistent with the use of

[[Page S5753]]

     funds under subsection (e), be allocated by the President or 
     apportioned or allotted by program pursuant to title 31, 
     United States Code.
       (ii) Insufficient alternate allocation.--If Congress enacts 
     legislation establishing alternate allocations, including by 
     program, for amounts recommended for allocation in a given 
     fiscal year from amounts made available under subsection (c), 
     consistent with the use of funds under subsection (e), that 
     are less than the full amount recommended for allocation for 
     that fiscal year, the difference between the amount 
     recommended for allocation and the alternate allocation shall 
     be allocated by the President and apportioned and allotted by 
     program pursuant to title 31, United States Code.
       (j) Prohibitions.--No amounts from the Fund shall be used--
       (1) to make any listing determination relating to the 
     endangered or threatened status of any species pursuant to 
     section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(a));
       (2) on any experimental population (as defined in paragraph 
     (1) of section 10(j) of the Endangered Species Act of 1973 
     (16 U.S.C. 1539(j))) of a threatened or endangered species 
     that is determined to be nonessential under that section;
       (3) outside of the United States (as defined in section 3 
     of the Endangered Species Act of 1973 (16 U.S.C. 1532)); and
       (4) to acquire any Federal land.
                                 ______
                                 
  SA 6228. Ms. SINEMA submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. ____. INCREASE OF DEATH GRATUITIES AND FUNERAL 
                   ALLOWANCES FOR FEDERAL EMPLOYEES.

       (a) Short Title.--This section may be cited as the 
     ``Honoring Civil Servants Killed in the Line of Duty Act''.
       (b) Increasing Death Gratuity for Federal Employees Killed 
     in the Line of Duty.--
       (1) Amendments to title 5, united states code.--
       (A) In general.--Subchapter VII of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5571. Employee death gratuity payments

       ``(a) Definition.--
       ``(1) In general.--Notwithstanding section 5561(2), in this 
     section, the term `employee' means an individual who has been 
     determined by the Secretary of Labor to be an employee within 
     the meaning of section 8101(1), but does not include any 
     individual described in subparagraph (D) of section 8101(1).
       ``(2) Exclusive authority.--A determination described in 
     paragraph (1) may be made only by the Secretary of Labor.
       ``(b) Gratuity.--
       ``(1) In general.--With respect to the death of an employee 
     occurring on or after the date of enactment of this section, 
     notwithstanding section 8116, and in addition to any payment 
     made under subchapter I of chapter 81, the head of the agency 
     employing the employee shall pay from appropriations made 
     available for salaries and expenses of that agency a death 
     gratuity to the person identified under subsection (c)(2), if 
     the death of the employee--
       ``(A) results from injury sustained while in the line of 
     duty of the employee; and
       ``(B) is not--
       ``(i) caused by willful misconduct of the employee;
       ``(ii) caused by the intention of the employee to bring 
     about the injury or death of the employee or another; or
       ``(iii) proximately caused by the intoxication of the 
     injured employee.
       ``(2) Amount.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of a death gratuity paid under paragraph (1) with 
     respect to an employee shall be $100,000, as adjusted each 
     March 1 by the amount determined by the Secretary of Labor to 
     represent the percentage change in the Consumer Price Index 
     for All Urban Consumers (all items; United States city 
     average) published for December of the preceding year over 
     that Index published for the December of the year prior to 
     the preceding year, adjusted to the nearest \1/10\ of 1 
     percent.
       ``(B) Local compensation plans.--For an employee 
     compensated under a local compensation plan established under 
     section 408 of the Foreign Service Act of 1980 (22 U.S.C. 
     3968), the amount of a death gratuity paid under paragraph 
     (1) with respect to the employee shall be in an amount 
     determined in rules issued by the Secretary of State.
       ``(c) Recipient of Payment.--
       ``(1) Definition.--In this subsection, the term `child'--
       ``(A) includes--
       ``(i) a natural child; and
       ``(ii) an adopted child; and
       ``(B) does not include a stepchild.
       ``(2) Order of precedence.--A death gratuity paid under 
     subsection (b) with respect to an employee shall be paid in 
     the following order of precedence:
       ``(A)(i) To the beneficiary designated to receive the 
     gratuity by the employee in a signed and witnessed writing 
     that is received by the agency employing the employee before 
     the date of the death of the employee.
       ``(ii) A designation, change, or cancellation of 
     beneficiary in a will, or another document not described in 
     clause (i), shall have no force or effect for the purposes of 
     that clause.
       ``(B) If there is no beneficiary described in subparagraph 
     (A), to the surviving spouse of the employee.
       ``(C) If neither subparagraph (A) nor (B) applies, to the 
     children of the employee (including the descendant of any 
     deceased child by representation) such that each such child 
     receives an equal amount of the gratuity.
       ``(D) If none of subparagraph (A), (B), or (C) applies, to 
     the surviving parents of the employee such that each such 
     surviving parent receives an equal amount of the gratuity.
       ``(E) If none of subparagraphs (A) through (D) applies, to 
     the duly appointed executor or administrator of the estate of 
     the employee.
       ``(F) If none of subparagraphs (A) through (E) applies, to 
     the person entitled, under the laws of the State in which the 
     employee is domiciled, as of the date on which the employee 
     dies, to receive the payment.''.
       (B) Repeal of death gratuity payment authority.--Section 
     651 of the Treasury, Postal Service, and General Government 
     Appropriations Act, 1997 (5 U.S.C. 8133 note) is repealed.
       (C) Technical and conforming amendments.--
       (i) Subchapter heading.--The heading for subchapter VII of 
     chapter 55 of title 5, United States Code, is amended by 
     striking ``EMPLOYEES'' and inserting ``PERSONS AND PAYMENTS 
     FOR DISABILITY OR DEATH''.
       (ii) Other conforming changes.--The table of sections for 
     chapter 55 of title 5, United States Code, is amended--

       (I) by striking the item relating to subchapter VII and 
     inserting the following:

    ``subchapter vii--payments to missing persons and payments for 
                       disability or death''; and

       (II) by inserting after the item relating to section 5570 
     the following:

``5571. Employee death gratuity payments.''.
       (2) Amendment to title 49.--Section 40122(g)(2) of title 
     49, United States Code, is amended--
       (A) in subparagraph (I)(iii), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (C) by inserting after subparagraph (J), the following:
       ``(K) section 5571, relating to death gratuities resulting 
     from an injury sustained in the line of duty.''.
       (c) Funeral Expenses.--
       (1) In general.--Section 8134(a) of title 5, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(a)'';
       (B) by striking ``$800'' and inserting ``$8,800''; and
       (C) by adding at the end the following:
       ``(2) The amount described in paragraph (1) shall be 
     adjusted on March 1 of each year by the percentage amount 
     determined by the Secretary of Labor under section 8146a for 
     that year.''.
       (2) Applicability.--The amendment made by paragraph (1)(B) 
     shall apply with respect to any death occurring on or after 
     the date of enactment of this Act.
       (d) Death Gratuity for Injuries Incurred in Connection With 
     Employee's Service With an Armed Force.--Section 8102a of 
     title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The United States'' and inserting the 
     following:
       ``(1) In general.--The United States'';
       (B) in paragraph (1), as so designated, by striking ``up 
     to''; and
       (C) by adding at the end the following:
       ``(2) Adjustment.--The amount described in paragraph (1) 
     shall be adjusted each March 1 by the amount determined by 
     the Secretary of Labor to represent the percentage change in 
     the Consumer Price Index for All Urban Consumers (all items; 
     United States city average) published for December of the 
     preceding year over that Index published for the December of 
     the year prior to the preceding year, adjusted to the nearest 
     \1/10\ of 1 percent.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Relationship to Other Benefits.--With respect to a 
     death occurring on or after the date of enactment of the 
     Honoring Civil Servants Killed in the Line of Duty Act, the 
     death gratuity payable under this section may not be reduced 
     by the amount of any other death gratuity provided under any 
     other provision of Federal law based on the same death.''; 
     and
       (3) in subsection (d), by adding at the end the following:
       ``(7) If a person covered by this section does not have any 
     eligible survivors, as described in this subsection, and that 
     person has not designated an alternate person to receive a 
     payment under this section, the payment shall be paid to the 
     personal representative of the person's estate.''.

[[Page S5754]]

       (e) Agency Gratuity for Deaths Sustained in the Line of 
     Duty Abroad.--Section 413 of the Foreign Service Act of 1980 
     (22 U.S.C. 3973) is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``dependents'' and 
     inserting ``beneficiaries''; and
       (B) in the second sentence, by inserting ``, except as 
     provided in subsection (e)'' after ``payable from any 
     source'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Executive Agencies.--The head of an executive agency 
     shall, pursuant to guidance issued under subsection (c), make 
     a death gratuity payment authorized by this section to the 
     surviving beneficiaries of--
       ``(1) any employee of that agency who dies as a result of 
     injuries sustained in the performance of duty abroad while 
     subject to the authority of the chief of mission pursuant to 
     section 207; or
       ``(2) an individual in a special category serving in an 
     uncompensated capacity for that agency abroad in support of a 
     diplomatic mission, as identified in guidance issued under 
     subsection (c), who dies as a result of injuries sustained in 
     the performance of duty abroad.'';
       (3) by striking subsection (d);
       (4) by inserting after subsection (c) the following:
       ``(d) Eligibility Under Chapter 81 of Title 5, United 
     States Code.--A death gratuity payment shall be made under 
     this section only if the death is determined by the Secretary 
     of Labor to have resulted from an injury (excluding a disease 
     proximately caused by the employment) sustained in the 
     performance of duty under section 8102 of title 5, United 
     States Code.'';
       (5) by redesignating subsection (e) as subsection (f);
       (6) by inserting after subsection (d), as added by 
     paragraph (4), the following:
       ``(e) Offset.--For deaths occurring on or after the date of 
     enactment of the Honoring Civil Servants Killed in the Line 
     of Duty Act, the death gratuity payable under this section 
     shall be reduced by the amount of any death gratuity provided 
     under section 5571 of title 5, United States Code, based on 
     the same death.''; and
       (7) in subsection (f), as so redesignated by paragraph (5), 
     by amending paragraph (2) to read as follows:
       ``(2) the term `surviving beneficiaries' means the person 
     or persons identified pursuant to the order of precedence 
     established under section 5571(c)(2) of title 5, United 
     States Code.''.
       (f) Emergency Supplemental Authorization.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency'' means an agency that is authorized 
     or required to make a payment under a covered provision; and
       (B) the term ``covered provision'' means--
       (i) section 5571 of title 5, United States Code, as added 
     by subsection (b);
       (ii) section 8102a of title 5, United States Code, as 
     amended by subsection (d); or
       (iii) section 413 of the Foreign Service Act of 1980 (22 
     U.S.C. 3973), as amended by subsection (e).
       (2) Authorization.--If the head of an agency determines, 
     with the concurrence of the Director of the Office of 
     Management and Budget, that a natural disaster, act of 
     terrorism, or other incident results in the inability of the 
     agency to make additional payments under a covered 
     provision--
       (A) there are authorized to be appropriated to the agency 
     such sums as may be necessary to make those additional 
     payments; and
       (B) the head of the agency may make those additional 
     payments only to the extent additional amounts are made 
     available for those purposes.
       (3) Sense of congress.--It is the sense of Congress that, 
     not later than 30 days after the date on which the head of an 
     agency submits to Congress a request for supplemental 
     appropriations for the purposes described in paragraph (2), 
     Congress should take action with respect to that request.
                                 ______
                                 
  SA 6229. Ms. SINEMA (for herself, Mr. Blunt, Mr. Cramer, Mr. Kelly, 
Mr. King, Mr. Ossoff, Mr. Padilla, Ms. Rosen, 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 end of subtitle F of title V, add the following:

     SEC. 575. NON-MEDICAL COUNSELING SERVICES FOR MILITARY 
                   FAMILIES.

       (a) Non-medical Counseling Services.--Notwithstanding any 
     other provision of law, a mental health professional 
     described in subsection (b) may provide non-medical 
     counseling services to military families at any location in a 
     State, the District of Columbia, or a territory or possession 
     of the United States, without regard to where the provider or 
     recipient of such services is located, if the provision of 
     such services is within the scope of the authorized Federal 
     duties of the provider.
       (b) Covered Mental Health Professionals.--A mental health 
     professional described in this subsection is a person who 
     is--
       (1) a currently licensed or certified mental health care 
     provider who holds an unrestricted license or certification 
     that is--
       (A) issued by a State, the District of Columbia, or a 
     territory or possession of the United States; and
       (B) recognized by the Secretary of Defense;
       (2) a member of the uniformed services, a civilian employee 
     of the Department of Defense, or a contractor designated by 
     the Secretary; and
       (3) performing authorized duties for the Department of 
     Defense under a program or activity referred to in subsection 
     (a).
       (c) Non-medical Counseling Services Defined.--In this 
     section, the term ``non-medical counseling services'' means 
     services that are non-clinical, short-term, and solution-
     focused, and address topics related to personal growth, 
     development, and positive functioning.
                                 ______
                                 
  SA 6230. Mr. SCHATZ (for himself and 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. INDO-PACIFIC ENGAGEMENT.

       (a) Short Title.--This section may be cited as the ``Indo-
     Pacific Engagement Act''.
       (b) Definitions.--In this section:
       (1) Congressional foreign affairs committees.--The term 
     ``congressional foreign affairs committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Subcommittee on State, Foreign Operations, and 
     Related Programs of the Committee on Appropriations of the 
     Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Subcommittee on State, Foreign Operations, Related 
     Programs of the Committee on Appropriations of the House of 
     Representatives.
       (2) Indo-pacific region.--The term ``Indo-Pacific region'' 
     means--
       (A) the countries under the jurisdiction of the Bureau of 
     East Asian and Pacific Affairs of the Department of State; 
     and
       (B) the countries of Bangladesh, Bhutan, India, Maldives, 
     Nepal, and Sri Lanka.
       (3) Principals.--The term ``principals'' means--
       (A) the Assistant Secretary of State for East Asian and 
     Pacific Affairs;
       (B) the Assistant Secretary of State for South and Central 
     Asian Affairs; and
       (C) the Assistant Administrator for Asia of the United 
     States Agency for International Development.
       (c) Report.--
       (1) In general.--Each time the President submits a budget 
     to Congress pursuant to section 1105 of title 31, United 
     States Code, for each of the fiscal years 2024 through 2028, 
     the Assistant Secretary of State for East Asian and Pacific 
     Affairs, in coordination with the Assistant Secretary of 
     State for South and Central Asian Affairs and the Assistant 
     Administrator for Asia of the United States Agency for 
     International Development, shall submit a report to the 
     congressional foreign affairs committees that assesses the 
     resources and activities required to achieve the policy 
     objectives described in paragraph (3).
       (2) Criteria.--The report required under paragraph (1)--
       (A) shall reflect the objective, autonomous, and 
     independent assessment of the activities, resources, and 
     costs required to achieve policy objectives described in 
     paragraph (3) by the principals, the subordinate and parallel 
     offices providing input into the assessment, with the 
     Assistant Secretary of State for East Asian and Pacific 
     Affairs serving as the final decision-making authority on the 
     contents of the report;
       (B) shall cover a period of 5 fiscal years, beginning with 
     the fiscal year following the fiscal year during which the 
     report is submitted;
       (C) shall incorporate input from United States Ambassadors 
     in the Indo-Pacific region provided explicitly for the 
     required report;
       (D) may include information gathered through consultation 
     with program offices and subject matter experts in relevant 
     functional bureaus, as deemed necessary by the principals; 
     and
       (E) shall not be subject to fiscal guidance or global 
     strategic tradeoffs associated with the annual President's 
     budget request.
       (3) Policy objectives.--The report required under paragraph 
     (1) shall assess the activities and resources required--
       (A) to implement the Interim National Security Strategic 
     Guidance, or the most recent National Security Strategy, with 
     respect to the Indo-Pacific region;

[[Page S5755]]

       (B) to implement the 2022 Indo-Pacific Strategy of the 
     United States, or successor documents, that set forth the 
     United States Government's strategy toward the Indo-Pacific 
     region;
       (C) to implement the State-USAID Joint Strategic Plan with 
     respect to the Indo-Pacific region;
       (D) to enhance meaningful diplomatic and economic relations 
     with allies and partners in the Indo-Pacific and demonstrate 
     an enduring United States commitment to the Indo-Pacific 
     region; and
       (E) to secure and advance United States national interests 
     in the Indo-Pacific region, including through countering the 
     malign influence of the Government of the People's Republic 
     of China.
       (4) Matters to be included.--The report required under 
     paragraph (1) shall include--
       (A) a description of the bilateral and multilateral goals 
     of the Bureau of East Asian and Pacific Affairs and the 
     Bureau of South and Central Asian Affairs for the period 
     covered in the report that the principals deem necessary to 
     accomplish the policy objectives described in paragraph (3), 
     disaggregated by country and forum;
       (B) a timeline with annual benchmarks for achieving the 
     policy objectives described in paragraph (3);
       (C) an assessment of the sufficiency of United States 
     diplomatic personnel and facilities currently available in 
     the Indo-Pacific region to achieve the policy objectives 
     described in paragraph (3), through consultation with United 
     States embassies in the region, including--
       (i) a list, in priority order, of locations in the Indo-
     Pacific region that require additional diplomatic personnel 
     or facilities;
       (ii) a description of locations where the United States may 
     be able to collocate diplomatic personnel at allied or 
     partner embassies and consulates;
       (iii) a discussion of embassies or consulates where 
     diplomatic staff could be reduced within the Indo-Pacific 
     region, as appropriate; and
       (iv) a detailed description of the fiscal and personnel 
     resources required to fill gaps identified;
       (D) a detailed plan to expand United States diplomatic 
     engagement and foreign assistance presence in the Pacific 
     Island nations during the succeeding 5-year period, including 
     a description of ``quick impact'' programs that can be 
     developed and implemented within the first fiscal year of the 
     period covered in the report;
       (E) a discussion of the resources needed to enhance United 
     States strategic messaging and spotlight coercive behavior by 
     the People's Republic of China;
       (F) a detailed description of the resources and policy 
     tools needed to expand the United States' ability to offer 
     high-quality infrastructure projects in strategically 
     significant parts of the Indo-Pacific region, with a 
     particular focus on expanding investments in Southeast Asia 
     and the Pacific Islands;
       (G) a gap assessment of security assistance by country, and 
     of the resources needed to fill those gaps;
       (H) a description of the resources and policy tools needed 
     to facilitate continued private sector investment in partner 
     countries in the Indo-Pacific region; and
       (I) a discussion of any additional bilateral or regional 
     assistance resources that the principals determine are 
     necessary to achieve the policy objectives described in 
     paragraph (3).
       (5) Form.--The report required under paragraph (1) shall be 
     submitted in an unclassified form, but may include a 
     classified annex.
       (6) Distribution.--Not later than February 1 each year, the 
     Assistant Secretary of State for East Asian and Pacific 
     Affairs shall make the report required under paragraph (1) 
     available to--
       (A) the Secretary of State;
       (B) the Administrator of the United States Agency for 
     International Development (USAID);
       (C) the Deputy Secretary of State;
       (D) the Deputy Secretary of State for Management and 
     Resources;
       (E) the Deputy Administrator for Policy and Programming at 
     USAID;
       (F) the Deputy Administrator for Management and Resources 
     at USAID;
       (G) the Under Secretary of State for Political Affairs;
       (H) the Director of Foreign Assistance at the Department of 
     State;
       (I) the Director of the Office of Foreign Assistance at 
     USAID; and
       (J) the Director of Policy Planning at the Department of 
     State.
                                 ______
                                 
  SA 6231. Mr. SCHATZ (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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 AUTHORITY TO BUILD CAPACITY OF 
                   FOREIGN SECURITY FORCES.

       Subsection (a) of section 333 of title 10, United States 
     Code, is amended--
       (1) in paragraph (3), by inserting ``or other counter-
     illicit trafficking operations'' before the period at the 
     end; and
       (2) by adding at the end the following new paragraph:
       ``(10) Operations or activities that maintain or enhance 
     the climate resilience of military or security forces or 
     infrastructure or disaster relief activities supporting 
     security cooperation programs under this section.''.
                                 ______
                                 
  SA 6232. Mr. SCHATZ (for himself, Mr. Young, 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 end of title V, insert the following:

             Subtitle H--Restoring Honor to Service Members

     SEC. 591. SHORT TITLE.

       This subtitle may be cited as the ``Restore Honor to 
     Service Members Act of 2022''.

     SEC. 592. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.

       (a) Establishment of Tiger Team.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a team (commonly known as a ``tiger team'' and 
     referred to in this section as the ``Tiger Team'') 
     responsible for conducting outreach to build awareness among 
     former members of the Armed Forces of the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552 
     note) for the review of discharge characterizations by 
     appropriate discharge boards. The Tiger Team shall consist of 
     appropriate personnel of the Department of Defense assigned 
     to the Tiger Team by the Secretary for purposes of this 
     section.
       (2) Tiger team leader.--One of the individuals assigned to 
     the Tiger Team under paragraph (1) shall be a senior-level 
     officer or employee of the Department who shall serve as the 
     lead official of the Tiger Team (in this section referred to 
     as the ``Tiger Team Leader'') and who shall be accountable 
     for the activities of the Tiger Team under this section.
       (3) Report on composition.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report setting forth the names of the 
     personnel of the Department assigned to the Tiger Team 
     pursuant to this subsection, including the positions to which 
     such personnel are assigned. The report shall specify the 
     name of the individual assigned as Tiger Team Leader.
       (b) Duties.--
       (1) In general.--The Tiger Team shall conduct outreach to 
     build awareness among veterans of the process established 
     pursuant to section 527 of the National Defense Authorization 
     Act for Fiscal Year 2020 for the review of discharge 
     characterizations by appropriate discharge boards.
       (2) Collaboration.--In conducting activities under this 
     subsection, the Tiger Team Leader shall identify appropriate 
     external stakeholders with whom the Tiger Team shall work to 
     carry out such activities. Such stakeholders shall include 
     the following:
       (A) The Secretary of Veterans Affairs.
       (B) The Archivist of the United States.
       (C) Representatives of veterans service organizations.
       (D) Such other stakeholders as the Tiger Team Leader 
     considers appropriate.
       (3) Initial report.--Not later than 210 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress the following:
       (A) A plan setting forth the following:
       (i) A description of the manner in which the Secretary, 
     working through the Tiger Team and in collaboration with 
     external stakeholders described in paragraph (2), shall 
     identify individuals who meet the criteria in section 527 of 
     the National Defense Authorization Act for Fiscal Year 2020 
     for review of discharge characterization.
       (ii) A description of the manner in which the Secretary, 
     working through the Tiger Team and in collaboration with the 
     external stakeholders, shall improve outreach to individuals 
     who meet the criteria in section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 for review of 
     discharge characterization, including through--

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

       (B) A description of the manner in which the work described 
     in clauses (i) and (ii) of

[[Page S5756]]

     subparagraph (A) will be carried out, including an allocation 
     of the work among the Tiger Team and the external 
     stakeholders.
       (C) A schedule for the implementation, carrying out, and 
     completion of the plan required under subparagraph (A).
       (D) A description of the additional funding, personnel, or 
     other resources of the Department required to carry out the 
     plan required under subparagraph (A), including any 
     modification of applicable statutory or administrative 
     authorities.
       (4) Implementation of plan.--
       (A) In general.--The Secretary shall implement and carry 
     out the plan submitted under subparagraph (A) of paragraph 
     (3) in accordance with the schedule submitted under 
     subparagraph (C) of that paragraph.
       (B) Updates.--Not less frequently than once every 90 days 
     after the submittal of the report under paragraph (3), the 
     Tiger Team shall submit to Congress an update on the carrying 
     out of the plan submitted under subparagraph (A) of that 
     paragraph.
       (5) Final report.--Not later than 3 years after the date of 
     the enactment of this Act, the Tiger Team shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a final report on the activities of the Tiger 
     Team under this subsection. The report shall set forth the 
     following:
       (A) The number of individuals discharged under former 
     section 654 or a similar policy prior to the enactment of 
     former section 654.
       (B) The number of individuals described in subparagraph (A) 
     who availed themselves of a review of discharge 
     characterization (whether through discharge review or 
     correction of military records) through a process established 
     prior to the enactment of this Act.
       (C) The number of individuals contacted through outreach 
     conducted pursuant to this section.
       (D) The number of individuals described in subparagraph (A) 
     who availed themselves of a review of discharge 
     characterization through the process established pursuant to 
     section 527 of the National Defense Authorization Act for 
     Fiscal Year 2020.
       (E) The number of individuals described in subparagraph (D) 
     whose review of discharge characterization resulted in a 
     change of characterization to honorable discharge.
       (F) The total number of individuals described in 
     subparagraph (A), including individuals also covered by 
     subparagraph (E), whose review of discharge characterization 
     since September 20, 2011, resulted in a change of 
     characterization to honorable discharge.
       (6) Termination.--On the date that is 60 days after the 
     date on which the final report required by paragraph (5) is 
     submitted, the Secretary shall terminate the Tiger Team.
       (c) Additional Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted pursuant to section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary of Defense shall submit to 
     Congress a report on the reviews under paragraph (1). Such 
     reports shall include any comments or recommendations for 
     continued actions.
       (d) Former Section 654 Defined.--In this section, the term 
     ``former section 654'' means section 654 of title 10, United 
     States Code, as in effect before such section was repealed 
     pursuant to Public Law 111-321 (10 U.S.C. 654 note).

     SEC. 593. RELIEF FOR IMPACTED FORMER MEMBERS.

       (a) Review of Discharge.--
       (1) In general.--The Secretary of Defense shall review and 
     update existing guidance to ensure that the appropriate 
     discharge board for the military departments concerned shall 
     review a discharge characterization of the covered member as 
     required under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 at the request of a 
     covered member, or their representative, notwithstanding any 
     requirements to provide documentation necessary to initiate a 
     review of a discharge characterization.
       (2) Exception.--The appropriate discharge board for the 
     military departments concerned shall not be required to 
     initiate a request for a review of a discharge as described 
     in paragraph (1) if there is evidence available to the 
     discharge board that is unrelated to the material request of 
     the covered member or the representative of the covered 
     member but that would have reasonably substantiated the 
     discharge decision of the military department.
       (b) Veterans Benefits.--
       (1) Effective date of change of characterization for 
     veterans benefits.--For purposes of the provision of benefits 
     to which veterans are entitled under the laws administered by 
     the Secretary of Veterans Affairs to a covered member whose 
     discharge characterization is changed pursuant to section 527 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (Public Law 116-92; 10 U.S.C. 1552 note), the date of 
     discharge of the member from the Armed Forces shall be deemed 
     to be the effective date of the change of discharge 
     characterization under that section.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to authorize any benefit to a covered member in 
     connection with the change of discharge characterization of 
     the member under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
     U.S.C. 1552 note) for any period before the effective date of 
     the change of discharge characterization.
                                 ______
                                 
  SA 6233. 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 end of title XII, add the following:

                          Subtitle G--Oceania

     SEC. 1281. DEFINITION OF OCEANIA.

       In this subtitle, except as provided in section 1286, the 
     term ``Oceania'' includes the following:
       (1) Easter Island of Chile.
       (2) Fiji.
       (3) French Polynesia of France.
       (4) Kiribati.
       (5) Nauru.
       (6) New Caledonia of France.
       (7) Nieu of New Zealand.
       (8) Papua New Guinea.
       (9) Samoa.
       (10) Vanuatu.
       (11) The Ashmore and Cartier Islands of Australia.
       (12) The Cook Islands of New Zealand.
       (13) The Coral Islands of Australia.
       (14) The Federated States of Micronesia.
       (15) The Norfolk Island of Australia.
       (16) The Pitcairn Islands of the United Kingdom.
       (17) The Republic of the Marshall Islands.
       (18) The Republic of Palau.
       (19) The Solomon Islands.
       (20) Tokelau of New Zealand.
       (21) Tonga.
       (22) Tuvalu.
       (23) Wallis and Futuna of France.

     SEC. 1282. OCEANIA STRATEGIC ROADMAP.

       (a) Oceania Strategic Roadmap.--Not later than 180 days 
     after the date of the enactment of this Act, 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 strategic roadmap for strengthening 
     United States engagement with the countries of Oceania, 
     including an analysis of opportunities to cooperate with 
     Australia, New Zealand, and Japan, to address shared concerns 
     and promote shared goals in pursuit of security and 
     resiliency in the countries of Oceania.
       (b) Elements.--The strategic roadmap required by subsection 
     (a) shall include the following:
       (1) A description of United States regional goals and 
     concerns with respect to Oceania and increasing engagement 
     with the countries of Oceania.
       (2) An assessment, based on paragraph (1), of United States 
     regional goals and concerns that are shared by Australia, New 
     Zealand, and Japan, including a review of issues related to 
     anticorruption, maritime and other security issues, 
     environmental protection, fisheries management, economic 
     growth and development, and disaster resilience and 
     preparedness.
       (3) A review of ongoing programs and initiatives by the 
     governments of the United States, Australia, New Zealand, and 
     Japan in pursuit of those shared regional goals and concerns, 
     including with respect to the issues described in paragraph 
     (1).
       (4) A review of ongoing programs and initiatives by 
     regional organizations and other related intergovernmental 
     structures aimed at addressing the issues described in 
     paragraph (1).
       (5) A plan for aligning United States programs and 
     resources in pursuit of those shared regional goals and 
     concerns, as appropriate.
       (6) Recommendations for additional United States 
     authorities, personnel, programs, or resources necessary to 
     execute the strategic roadmap.
       (7) Any other elements the Secretary considers appropriate.

     SEC. 1283. REVIEW OF USAID PROGRAMMING IN OCEANIA.

       (a) In General.--The Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development (in this section referred to as 
     ``USAID''), should include the Indo-Pacific countries of 
     Oceania in existing strategic planning and multi-sector 
     program evaluation processes, including the Department of 
     State's Integrated Country Strategies and USAID's Country 
     Development Cooperation Strategies, the Joint Strategic Plan, 
     and the Journey to Self-Reliance Country Roadmaps.
       (b) Programmatic Considerations.--Evaluations and 
     considerations for Indo-Pacific countries of Oceania in the 
     program planning and strategic development processes under 
     subsection (a) should include--
       (1) descriptions of the diplomatic and development 
     challenges of the Indo-Pacific countries of Oceania as those 
     challenges relate to the strategic, economic, and 
     humanitarian interests of the United States;

[[Page S5757]]

       (2) reviews of existing Department of State and USAID 
     programs to address the diplomatic and development challenges 
     of those countries evaluated under paragraph (1);
       (3) descriptions of the barriers, if any, to increasing 
     Department of State and USAID programming to Indo-Pacific 
     countries of Oceania, including--
       (A) the relative income level of the Indo-Pacific countries 
     of Oceania relative to other regions where there is high 
     demand for United States foreign assistance to support 
     development needs;
       (B) the relative capacity of the Indo-Pacific countries of 
     Oceania to absorb United States foreign assistance for 
     diplomatic and development needs through partner governments 
     and civil society institutions; and
       (C) any other factor that the Secretary or Administrator 
     determines may constitute a barrier to deploying or 
     increasing United States foreign assistance to the Indo-
     Pacific countries of Oceania;
       (4) assessments of the presence of, degree of international 
     development by, partner country indebtedness to, and 
     political influence of malign foreign governments, such as 
     the Government of the People's Republic of China, and non-
     state actors;
       (5) assessments of new foreign economic assistance 
     modalities that could assist in strengthening United States 
     foreign assistance in the Indo-Pacific countries of Oceania, 
     including the deployment of technical assistance and asset 
     recovery tools to partner governments and civil society 
     institutions to help develop the capacity and expertise 
     necessary to achieve self-sufficiency;
       (6) an evaluation of the existing budget and resource 
     management processes for the Department of State's and 
     USAID's mission and work with respect to its programming in 
     the Indo-Pacific countries of Oceania;
       (7) an explanation of how the Secretary and the 
     Administrator will use existing programming processes, 
     including those with respect to development of an Integrated 
     Country Strategy, Country Development Cooperation Strategy, 
     the Joint Strategic Plan, and the Journey to Self-Reliance 
     Country Roadmaps, to advance the long-term growth, 
     governance, economic development, and resilience of the Indo-
     Pacific countries of Oceania; and
       (8) any recommendations about appropriate budgetary, 
     resource management, and programmatic changes necessary to 
     assist in strengthening United States foreign assistance 
     programming in the Indo-Pacific countries of Oceania.

     SEC. 1284. OCEANIA SECURITY DIALOGUE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State shall brief 
     the appropriate committees of Congress on the feasibility and 
     advisability of establishing a United States-based public-
     private sponsored security dialogue (to be known as the 
     ``Oceania Security Dialogue'') among the countries of Oceania 
     for the purposes of jointly exploring and discussing issues 
     affecting the economic, diplomatic, and national security of 
     the Indo-Pacific countries of Oceania.
       (b) Report Required.--The briefing required by subsection 
     (a) shall, at a minimum, include the following:
       (1) A review of the ability of the Department of State to 
     participate in a public-private sponsored security dialogue.
       (2) An assessment of the potential locations for conducting 
     an Oceania Security Dialogue in the jurisdiction of the 
     United States.
       (3) Consideration of dates for conducting an Oceania 
     Security Dialogue that would maximize participation of 
     representatives from the Indo-Pacific countries of Oceania.
       (4) A review of the funding modalities available to the 
     Department of State to help finance an Oceania Security 
     Dialogue, including grant-making authorities available to the 
     Department of State.
       (5) An assessment of any administrative, statutory, or 
     other legal limitations that would prevent the establishment 
     of an Oceania Security Dialogue with participation and 
     support of the Department of State as described in subsection 
     (a).
       (6) An analysis of how an Oceania Security Dialogue could 
     help to advance the Boe Declaration on Regional Security, 
     including its emphasis on the changing environment as the 
     greatest existential threat to countries of Oceania.
       (7) An evaluation of how an Oceania Security Dialogue could 
     help amplify the issues and work of existing regional 
     structures and organizations dedicated to the security of the 
     Oceania region, such as the Pacific Island Forum and the 
     Pacific Environmental Security Forum.
       (8) An analysis of how an Oceania Security Dialogue would 
     help with implementation of the strategic roadmap required by 
     section 1282 and advance the National Security Strategy of 
     the United States.
       (c) Interagency Consultation.--To the extent practicable, 
     the Secretary of State may consult with the Secretary of 
     Defense and, where appropriate, evaluate the lessons learned 
     of the Regional Centers for Security Studies of the 
     Department of Defense to determine the feasibility and 
     advisability of establishing the Oceania Security Dialogue.
       (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 Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Armed Services of the House of 
     Representatives.

     SEC. 1285. REPORT ON COUNTERING ILLEGAL, UNREPORTED, AND 
                   UNREGULATED FISHING IN OCEANIA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) many countries of the Oceania region depend on 
     commercial tuna fisheries as a critical component of their 
     economies;
       (2) the Government of the People's Republic of China has 
     used its licensed fishing fleet to exert greater influence in 
     Oceania, but at the same time, its licensed fishing fleet is 
     also a major contributor to illegal, unreported, and 
     unregulated fishing (in this section referred to as ``IUU 
     fishing'') activities;
       (3) the sustainability of Oceania's fisheries is threatened 
     by IUU fishing, which depletes both commercially important 
     fish stocks and non-targeted species that help maintain the 
     integrity of the ocean ecosystem;
       (4) in addition, IUU fishing puts pressure on protected 
     species of marine mammals, sea turtles, and sea birds, which 
     also jeopardizes the integrity of the ocean ecosystem;
       (5) further, because IUU fishing goes unrecorded, the loss 
     of biomass compromises scientists' work to assess and model 
     fishery stocks and advise managers on sustainable catch 
     levels;
       (6) beyond the damage to living marine resources, IUU 
     fishing also contributes directly to illegal activity in the 
     Oceania region, such as food fraud, smuggling, and human 
     trafficking;
       (7) current approaches to IUU fishing enforcement rely on 
     established methods, such as vessel monitoring systems, 
     logbooks maintained by government fisheries enforcement 
     authorities to record the catches landed by fishing vessels, 
     and corroborating data on catches hand-collected by human 
     observer programs;
       (8) such established methods are imperfect because--
       (A) vessels can turn off monitoring systems and unlicensed 
     vessels do not use them; and
       (B) observer coverage is thin and subject to human error 
     and corruption;
       (9) maritime domain awareness technology solutions for 
     vessel monitoring have gained credibility in recent years and 
     include systems such as observing instruments deployed on 
     satellites, crewed and uncrewed air and surface systems, 
     aircraft, and surface vessels, as well as electronic 
     monitoring systems on fishing vessels;
       (10) maritime domain awareness technologies hold the 
     promise of significantly augmenting the current IUU fishing 
     enforcement capacities; and
       (11) maritime domain awareness technologies offer an avenue 
     for addressing key United States national interests, 
     including those interests related to--
       (A) increasing bilateral diplomatic ties with key allies 
     and partners in the Oceania region;
       (B) countering illicit trafficking in arms, narcotics, and 
     human beings associated with IUU fishing;
       (C) advancing security, long-term growth, and development 
     in the Oceania region;
       (D) supporting ocean conservation objectives;
       (E) reducing food insecurity; and
       (F) countering attempts by the Government of the People's 
     Republic of China to grow its influence in the Oceania 
     region.
       (b) Report 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 Administrator of the National Oceanic 
     and Atmospheric Administration, the Commandant of the Coast 
     Guard, and the Secretary of Defense, shall submit to the 
     appropriate congressional committees a report assessing the 
     use of advanced maritime domain awareness technology systems 
     to combat IUU fishing in Oceania.
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) a review of the effectiveness of existing monitoring 
     technologies, including electronic monitoring systems, to 
     combat IUU fishing;
       (B) recommendations for effectively integrating effective 
     monitoring technologies into an Oceania-wide strategy for IUU 
     fishing enforcement;
       (C) an assessment and recommendations for the secure and 
     reliable processing of data from such monitoring 
     technologies, including the security and verification issues;
       (D) the technical and financial capacity of countries of 
     the Oceania region to deploy and maintain large-scale use of 
     maritime domain awareness technological systems for the 
     purposes of combating IUU fishing and supporting fisheries 
     resource management;
       (E) a review of the technical and financial capacity of 
     regional organizations and international structures to 
     support countries of the Oceania region in the deployment and 
     maintenance of large-scale use of maritime domain awareness 
     technology systems for the purposes of combating IUU fishing 
     and supporting fisheries resource management;
       (F) an evaluation of the utility of using foreign 
     assistance, security assistance, and development assistance 
     provided by the United States to countries of the Oceania 
     region to support the large-scale deployment and operations 
     of maritime domain awareness systems to increase maritime 
     security across the region; and

[[Page S5758]]

       (G) an assessment of the role of large-scale deployment and 
     operations of maritime domain awareness systems throughout 
     Oceania to supporting United States economic and national 
     security interests in the Oceania region, including efforts 
     related to countering IUU fishing, improving maritime 
     security, and countering malign foreign influence.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Armed Services of the House of 
     Representatives.

     SEC. 1286. 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 
     Oceania, with the goals of--
       (1) expanding the presence of the Peace Corps to all 
     currently feasible locations in Oceania; and
       (2) working with regional and international partners of the 
     United States to expand the presence of Peace Corps 
     volunteers in low-income Oceania communities 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 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 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 Oceania; and
       (C) to increase transportation infrastructure in the 
     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 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 
     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 Oceania 
     communities 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 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 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 Oceania confront as a result of poor or 
     nonexistent infrastructure.
       (d) Oceania Defined.--In this section, the term ``Oceania'' 
     includes the following:
       (1) Fiji.
       (2) Kiribati.
       (3) The Republic of the Marshall Islands.
       (4) The Federated States of Micronesia.
       (5) Nauru.
       (6) Palau.
       (7) Papua New Guinea.
       (8) Samoa.
       (9) The Solomon Islands.
       (10) Tonga.
       (11) Tuvalu.
       (12) Vanuatu.
                                 ______
                                 
  SA 6234. Ms. STABENOW (for herself and 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 G of title X, add the following:

     SEC. 1077. NATIONAL HERITAGE AREA SYSTEM.

       (a) Definitions.--In this section:
       (1) National heritage area.--The term ``National Heritage 
     Area'' means a component of the National Heritage Area System 
     described in subsection (b)(2)(A).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) National Heritage Area System.--
       (1) In general.--To recognize certain areas of the United 
     States that tell nationally significant stories and to 
     conserve, enhance, and interpret those nationally significant 
     stories and the natural, historic, scenic, and cultural 
     resources of areas that illustrate significant aspects of the 
     heritage of the United States, there is established a 
     National Heritage Area System through the administration of 
     which the Secretary may provide technical and financial 
     assistance to local coordinating entities to support the 
     establishment, development, and continuity of the National 
     Heritage Areas.
       (2) National heritage area system.--The National Heritage 
     Area System shall be composed of--
       (A) each National Heritage Area, National Heritage 
     Corridor, National Heritage Canalway, Cultural Heritage 
     Corridor, National Heritage Route, and National Heritage 
     Partnership designated by Congress before or on the date of 
     enactment of this Act; and
       (B) each National Heritage Area designated by Congress 
     after the date of enactment of this Act.
       (3) Relationship to the national park system.--
       (A) Relationship to national park units.--The Secretary 
     shall--
       (i) ensure, to the maximum extent practicable, 
     participation and assistance by any administrator of a unit 
     of the National Park System that is located near or 
     encompassed by a National Heritage Area in local initiatives 
     for the National Heritage Area to conserve and interpret 
     resources consistent with the applicable management plan for 
     the National Heritage Area; and
       (ii) work with local coordinating entities to promote 
     public enjoyment of units of the National Park System and 
     National Park-related resources.
       (B) Treatment.--
       (i) In general.--A National Heritage Area shall not be--

       (I) considered to be a unit of the National Park System; or
       (II) subject to the authorities applicable to units of the 
     National Park System.

       (ii) Effect.--Nothing in this subparagraph affects the 
     administration of a unit of the National Park System located 
     within the boundaries of a National Heritage Area.
       (4) Authorities.--In carrying out this section, the 
     Secretary may--
       (A) conduct or review, as applicable, feasibility studies 
     in accordance with subsection (c)(1);
       (B) conduct an evaluation of the accomplishments of, and 
     submit to Congress a report that includes recommendations 
     regarding the role of National Park Service with respect to, 
     each National Heritage Area, in accordance with subsection 
     (d);
       (C) enter into cooperative agreements with other Federal 
     agencies, States, Tribal governments, local governments, 
     local coordinating entities, and other interested individuals 
     and entities to achieve the purposes of the National Heritage 
     Area System;
       (D) provide information, promote understanding, and 
     encourage research regarding National Heritage Areas, in 
     partnership with local coordinating entities; and
       (E) provide national oversight, analysis, coordination, 
     technical and financial assistance, and support to ensure 
     consistency and accountability of the National Heritage Area 
     System.
       (c) National Heritage Area Studies and Designation.--
       (1) Studies.--
       (A) In general.--Subject to the availability of 
     appropriations, the Secretary may carry out or review a study 
     to assess the suitability and feasibility of each proposed 
     National Heritage Area for designation as a National Heritage 
     Area.
       (B) Preparation.--
       (i) In general.--A study under subparagraph (A) may be 
     carried out--

       (I) by the Secretary, in consultation with State and local 
     historic preservation officers, State and local historical 
     societies, State and local tourism offices, and other 
     appropriate organizations and governmental agencies; or
       (II) by interested individuals or entities, if the 
     Secretary certifies that the completed study meets the 
     requirements of subparagraph (C).

       (ii) Certification.--Not later than 1 year after receiving 
     a study carried out by interested individuals or entities 
     under clause (i)(II), the Secretary shall review and certify 
     whether the study meets the requirements of subparagraph (C).
       (C) Requirements.--A study under subparagraph (A) shall 
     include analysis, documentation, and determinations on 
     whether the proposed National Heritage Area--
       (i) has an assemblage of natural, historic, and cultural 
     resources that--

       (I) represent distinctive aspects of the heritage of the 
     United States;
       (II) are worthy of recognition, conservation, 
     interpretation, and continuing use; and

[[Page S5759]]

       (III) would be best managed--

       (aa) through partnerships among public and private 
     entities; and
       (bb) by linking diverse and sometimes noncontiguous 
     resources and active communities;
       (ii) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the story of the United States;
       (iii) provides outstanding opportunities--

       (I) to conserve natural, historic, cultural, or scenic 
     features; and
       (II) for recreation and education;

       (iv) contains resources that--

       (I) are important to any identified themes of the proposed 
     National Heritage Area; and
       (II) retain a degree of integrity capable of supporting 
     interpretation;

       (v) includes a diverse group of residents, business 
     interests, nonprofit organizations, and State and local 
     governments that--

       (I) are involved in the planning of the proposed National 
     Heritage Area;
       (II) have developed a conceptual financial plan that 
     outlines the roles of all participants in the proposed 
     National Heritage Area, including the Federal Government; and
       (III) have demonstrated significant support for the 
     designation of the proposed National Heritage Area;

       (vi) has a potential management entity to work in 
     partnership with the individuals and entities described in 
     clause (v) to develop the proposed National Heritage Area 
     while encouraging State and local economic activity; and
       (vii) has a conceptual boundary map that is supported by 
     the public.
       (D) Report.--
       (i) In general.--For each study carried out under 
     subparagraph (A), 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--

       (I) any correspondence received by the Secretary 
     demonstrating support for, or opposition to, the 
     establishment of the National Heritage Area;
       (II) the findings of the study; and
       (III) any conclusions and recommendations of the Secretary.

       (ii) Timing.--

       (I) Studies carried out by the secretary.--With respect to 
     a study carried out by the Secretary in accordance with 
     subparagraph (B)(i)(I), the Secretary shall submit a report 
     under clause (i) not later than 3 years after the date on 
     which funds are first made available to carry out the study.
       (II) Studies carried out by other interested parties.--With 
     respect to a study carried out by interested individuals or 
     entities in accordance with subparagraph (B)(i)(II), the 
     Secretary shall submit a report under clause (i) not later 
     than 180 days after the date on which the Secretary certifies 
     under subparagraph (B)(ii) that the study meets the 
     requirements of subparagraph (C).

       (2) Designation.--An area shall be designated as a National 
     Heritage Area only by an Act of Congress.
       (d) Evaluation.--
       (1) In general.--At reasonable and appropriate intervals, 
     as determined by the Secretary, the Secretary may--
       (A) conduct an evaluation of the accomplishments of a 
     National Heritage Area in accordance with paragraph (2); and
       (B) prepare and 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 
     includes recommendations for the continued role of the 
     National Park Service with respect to each National Heritage 
     Area in accordance with paragraph (3).
       (2) Components.--An evaluation under paragraph (1)(A) 
     shall--
       (A) assess the progress of the applicable local 
     coordinating entity of a National Heritage Area with respect 
     to--
       (i) accomplishing the purposes of the applicable National 
     Heritage Area; and
       (ii) achieving the goals and objectives of the management 
     plan;
       (B) analyze Federal, State, local, Tribal government, and 
     private investments in the National Heritage Area to 
     determine the leverage and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the National Heritage Area for 
     purposes of identifying the critical components for 
     sustainability of the National Heritage Area.
       (3) Recommendations.--Each report under paragraph (1)(B) 
     shall include--
       (A) if the report contains a recommendation of the 
     Secretary that Federal funding for the applicable National 
     Heritage Area should be continued, an analysis of--
       (i) any means by which that Federal funding may be reduced 
     or eliminated over time; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination of Federal funding; or
       (B) if the report contains a recommendation of the 
     Secretary that Federal funding for the applicable National 
     Heritage Area should be eliminated, a description of 
     potential impacts on conservation, interpretation, and 
     sustainability in the applicable National Heritage Area.
       (4) Conforming amendment.--Section 3052(a) of Public Law 
     113-291 (54 U.S.C. 320101 note) is amended by striking 
     paragraph (2).
       (e) Private Property and Regulatory Protections.--
       (1) In general.--Nothing in this section (including an 
     amendment made by this section)--
       (A) abridges any right of a public or private property 
     owner, including the right to refrain from participating in 
     any plan, project, program, or activity conducted within a 
     National Heritage Area;
       (B) requires any property owner to permit public access 
     (including Federal, State, Tribal government, or local 
     government access) to a property;
       (C) modifies any provision of Federal, State, Tribal, or 
     local law with respect to public access or use of private 
     land;
       (D)(i) alters any applicable land use regulation, land use 
     plan, or other regulatory authority of any Federal, State, or 
     local agency or Tribal government; or
       (ii) conveys to any local coordinating entity any land use 
     or other regulatory authority;
       (E) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (F) diminishes the authority of a State to manage fish and 
     wildlife, including through the regulation of fishing and 
     hunting within a National Heritage Area in the State; or
       (G) creates or affects any liability--
       (i) under any other provision of law; or
       (ii) of any private property owner with respect to any 
     person injured on private property.
       (2) Conforming amendment.--Section 8004(f) of the Omnibus 
     Public Land Management Act of 2009 (54 U.S.C. 320101 note; 
     Public Law 111-11; 123 Stat. 1245) is amended by striking 
     paragraphs (2) through (4) and inserting the following:
       ``(2) requires any property owner to permit public access 
     (including Federal, State, Tribal government, or local 
     government access) to a property;
       ``(3) modifies any provision of Federal, State, Tribal, or 
     local law with respect to public access or use of private 
     land;
       ``(4)(A) alters any applicable land use regulation, land 
     use plan, or other regulatory authority of any Federal, 
     State, or local agency or Tribal government; or
       ``(B) conveys to any local coordinating entity any land use 
     or other regulatory authority;''.
       (f) Authorization of Certain National Heritage Area 
     Studies.--
       (1) Great dismal swamp national heritage area study.--
       (A) In general.--The Secretary, in consultation with State 
     and local organizations and governmental agencies, Tribal 
     governments, nonprofit organizations, and other appropriate 
     entities and in accordance with subsection (c)(1), shall 
     conduct a study to assess the suitability and feasibility of 
     designating the areas described in subparagraph (B) in the 
     States of Virginia and North Carolina as a national heritage 
     area, to be known as the ``Great Dismal Swamp National 
     Heritage Area''.
       (B) Description of study area.--The areas to be studied 
     under paragraph (A) include--
       (i) the cities of Chesapeake, Norfolk, Portsmouth, and 
     Suffolk in the State of Virginia;
       (ii) Isle of Wight County in the State of Virginia;
       (iii) Camden, Currituck, Gates, and Pasquotank Counties in 
     the State of North Carolina; and
       (iv) any other area in the State of Virginia or North 
     Carolina that--

       (I) has heritage aspects that are similar to the heritage 
     aspects of an area described in clause (i), (ii), or (iii); 
     and
       (II) is adjacent to, or in the vicinity of, an area 
     described in clause (i), (ii), or (iii).

       (2) Guam national heritage area study.--The Secretary, in 
     consultation with appropriate regional and local 
     organizations or agencies, and in accordance with subsection 
     (c)(1), shall conduct a study to assess the suitability and 
     feasibility of designating sites in Guam as a National 
     Heritage Area.
       (g) National Heritage Area Designations.--
       (1) Designations.--Section 6001(a) of the John D. Dingell, 
     Jr. Conservation, Management, and Recreation Act (Public Law 
     116-9; 133 Stat. 768) is amended by adding at the end the 
     following:
       ``(7) Alabama black belt national heritage area.--
       ``(A) In general.--There is established the Alabama Black 
     Belt National Heritage Area in the State of Alabama, as 
     depicted on the map entitled `Alabama Black Belt Proposed 
     National Heritage Area', numbered 258/177,272, and dated 
     September 2021.
       ``(B) Local coordinating entity.--The Center for the Study 
     of the Black Belt at the University of West Alabama shall be 
     the local coordinating entity for the National Heritage Area 
     designated by subparagraph (A).
       ``(8) Downeast maine national heritage area.--
       ``(A) In general.--There is established the Downeast Maine 
     National Heritage Area in the State of Maine, consisting of 
     Hancock and Washington Counties, Maine.
       ``(B) Local coordinating entity.--The Sunrise County 
     Economic Council shall be the local coordinating entity for 
     the National Heritage Area designated by subparagraph (A).
       ``(9) Northern neck national heritage area, virginia.--
       ``(A) In general.--There is established the Northern Neck 
     National Heritage Area in the State of Virginia, as depicted 
     on the map entitled `Northern Neck National Heritage Area 
     Proposed Boundary', numbered 671/177,224, and dated August 
     2021.

[[Page S5760]]

       ``(B) Local coordinating entity.--The Northern Neck Tourism 
     Commission, a working committee of the Northern Neck Planning 
     District Commission, shall serve as the local coordinating 
     entity for the National Heritage Area designated by 
     subparagraph (A).
       ``(10) Southern campaign of the revolution national 
     heritage corridor, north carolina and south carolina.--
       ``(A) In general.--There is established the Southern 
     Campaign of the Revolution National Heritage Corridor in the 
     States of North Carolina and South Carolina, as depicted on 
     the map entitled `Southern Campaign of the Revolution 
     Proposed National Heritage Corridor', numbered 257/177,271, 
     and dated September 2021.
       ``(B) Local coordinating entity.--The University of South 
     Carolina shall be the local coordinating entity for the 
     National Heritage Area designated by subparagraph (A).
       ``(11) Southern maryland national heritage area.--
       ``(A) In general.--There is established the Southern 
     Maryland National Heritage Area in the State of Maryland, as 
     depicted on the map entitled `Southern Maryland National 
     Heritage Area Proposed Boundary', numbered 672/177,225B, and 
     dated November 2021.
       ``(B) Local coordinating entity.--The Tri-County Council 
     for Southern Maryland shall be the local coordinating entity 
     for the National Heritage Area designated by subparagraph 
     (A).''.
       (2) Management plans.--For the purposes of section 6001(c) 
     of the John D. Dingell, Jr. Conservation, Management, and 
     Recreation Act (Public Law 116-9; 133 Stat. 772), the local 
     coordinating entity for each of the National Heritage Areas 
     designated under the amendment made by paragraph (1) shall 
     submit to the Secretary for approval a proposed management 
     plan for the applicable National Heritage Area not later than 
     3 years after the date of enactment of this Act.
       (3) Termination of authority.--For the purposes of section 
     6001(g)(4) of the John D. Dingell, Jr. Conservation, 
     Management, and Recreation Act (Public Law 116-9; 133 Stat. 
     776), the authority of the Secretary to provide assistance 
     under that section for each of the National Heritage Areas 
     designated under the amendment made by paragraph (1) shall 
     terminate on the date that is 15 years after the date of 
     enactment of this Act.
       (h) Extension of Certain National Heritage Area 
     Authorities.--
       (1) Extensions.--
       (A) Illinois and michigan canal national heritage 
     corridor.--Section 126 of the Illinois and Michigan Canal 
     National Heritage Corridor Act of 1984 (54 U.S.C. 320101 
     note; Public Law 98-398; 98 Stat. 1456; 120 Stat. 1853), as 
     amended by section 119(a) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``September 30, 2037''.
       (B) John h. chafee blackstone river valley national 
     heritage corridor.--Section 10(a) of Public Law 99-647 (54 
     U.S.C. 320101 note; 100 Stat. 3630; 104 Stat. 1018; 128 Stat. 
     3804), as amended by section 119(b) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (C) Delaware and lehigh national heritage corridor.--
     Section 12 of the Delaware and Lehigh Navigation Canal 
     National Heritage Corridor Act of 1988 (54 U.S.C. 320101 
     note; Public Law 100-692; 102 Stat. 4558; 112 Stat. 3260; 123 
     Stat. 1293; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), as 
     amended by section 119(c) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended--
       (i) in subsection (c)(1), by striking ``2023'' and 
     inserting ``2037''; and
       (ii) in subsection (d), by striking ``2023'' and inserting 
     ``2037''.
       (D) The last green valley national heritage corridor.--
     Section 106(b) of the Quinebaug and Shetucket Rivers Valley 
     National Heritage Corridor Act of 1994 (54 U.S.C. 320101 
     note; Public Law 103-449; 108 Stat. 4755; 113 Stat. 1728; 123 
     Stat. 1291; 128 Stat. 3802), as amended by section 119(d) of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``2023'' and inserting ``2037''.
       (E) National coal heritage area.--Section 107 of the 
     National Coal Heritage Area Act of 1996 (54 U.S.C. 320101 
     note; Public Law 104-333; 110 Stat. 4244; 127 Stat. 420; 128 
     Stat. 314; 128 Stat. 3801), as amended by section 119(e)(1) 
     of the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``2023'' and inserting ``2037''.
       (F) Tennessee civil war heritage area.--Section 208 of 
     division II of the Omnibus Parks and Public Lands Management 
     Act of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 
     Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 
     Stat. 661; 133 Stat. 778), as amended by section 119(e)(9) of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``2023'' and inserting ``2037''.
       (G) Augusta canal national heritage corridor.--Section 310 
     of division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 320101 note; Public Law 
     104-333; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 
     Stat. 2551; 132 Stat. 661; 133 Stat. 778), as amended by 
     section 119(e)(7) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (H) Rivers of steel national heritage area.--Section 408 of 
     the Steel Industry American Heritage Area Act of 1996 (54 
     U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4256; 127 
     Stat. 420; 128 Stat. 314; 128 Stat. 3801), as amended by 
     section 119(e)(2) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (I) Essex national heritage area.--Section 507 of division 
     II of the Omnibus Parks and Public Lands Management Act of 
     1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), as 
     amended by section 119(e)(3) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (J) South carolina national heritage corridor.--Section 607 
     of the South Carolina National Heritage Corridor Act of 1996 
     (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4264; 
     127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 
     133 Stat. 778), as amended by section 119(e)(8) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (K) America's agricultural heritage partnership.--Section 
     707 of division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 320101 note; Public Law 
     104-333; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 
     Stat. 3801), as amended by section 119(e)(4) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (L) Ohio & erie national heritage canalway.--Section 809 of 
     the Ohio & Erie Canal National Heritage Corridor Act of 1996 
     (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4275; 
     122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801), 
     as amended by section 119(e)(5) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (M) Maurice d. hinchey hudson river valley national 
     heritage area.--Section 910 of division II of Public Law 104-
     333 (54 U.S.C. 320101 note; 110 Stat. 4281; 127 Stat. 420; 
     128 Stat. 314; 128 Stat. 3801), as amended by section 
     119(e)(6) of the Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2022 (Public Law 117-
     103), is amended by striking ``2023'' and inserting ``2037''.
       (N) Motorcities national heritage area.--Section 109 of the 
     Automobile National Heritage Area Act (54 U.S.C. 320101 note; 
     Public Law 105-355; 112 Stat. 3252; 128 Stat. 3802), as 
     amended by section 119(f) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (O) Lackawanna valley national heritage area.--Section 108 
     of the Lackawanna Valley National Heritage Area Act of 2000 
     (54 U.S.C. 320101 note; Public Law 106-278; 114 Stat. 818; 
     127 Stat. 420; 128 Stat. 314; 128 Stat. 3802), as amended by 
     section 119(g)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (P) Schuylkill river valley national heritage area.--
     Section 209 of the Schuylkill River Valley Heritage Area Act 
     (54 U.S.C. 320101 note; Public Law 106-278; 114 Stat. 824; 
     128 Stat. 3802), as amended by section 119(g)(2) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (Q) Wheeling national heritage area.--Subsection (i) of the 
     Wheeling National Heritage Area Act of 2000 (54 U.S.C. 320101 
     note; Public Law 106-291; 114 Stat. 967; 128 Stat. 3802), as 
     amended by section 119(h) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``2023'' and 
     inserting ``2037''.
       (R) Yuma crossing national heritage area.--Section 7 of the 
     Yuma Crossing National Heritage Area Act of 2000 (54 U.S.C. 
     320101 note; Public Law 106-319; 114 Stat. 1284; 128 Stat. 
     3802), as amended by section 119(i) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (S) Erie canalway national heritage corridor.--Section 811 
     of the Erie Canalway National Heritage Corridor Act (54 
     U.S.C. 320101 note; Public Law 106-554; 114 Stat. 2763A-295; 
     128 Stat. 3802), as amended by section 119(j) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``2023'' and inserting ``2037''.
       (T) Blue ridge national heritage area.--Subsection (j) of 
     the Blue Ridge National Heritage Area Act of 2003 (54 U.S.C. 
     320101 note; Public Law 108-108; 117 Stat. 1280; 133 Stat. 
     778), as amended by section 119(k) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations

[[Page S5761]]

     Act, 2022 (Public Law 117-103), is amended by striking 
     ``2023'' and inserting ``2037''.
       (U) National aviation heritage area.--Section 512 of the 
     National Aviation Heritage Area Act (54 U.S.C. 320101 note; 
     Public Law 108-447; 118 Stat. 3367; 133 Stat. 2713) is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2037''.
       (V) Oil region national heritage area.--Section 608 of the 
     Oil Region National Heritage Area Act (54 U.S.C. 320101 note; 
     Public Law 108-447; 118 Stat. 3372; 133 Stat. 2713) is 
     amended by striking ``September 30, 2022'' and inserting 
     ``September 30, 2037''.
       (W) Northern rio grande national heritage area.--Section 
     208 of the Northern Rio Grande National Heritage Area Act (54 
     U.S.C. 320101 note; Public Law 109-338; 120 Stat. 1790), as 
     amended by section 119(l)(1) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``September 30, 2023'' and inserting ``September 30, 2037''.
       (X) Atchafalaya national heritage area.--Section 221 of the 
     Atchafalaya National Heritage Area Act (54 U.S.C. 320101 
     note; Public Law 109-338; 120 Stat. 1795), as amended by 
     section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (Y) Arabia mountain national heritage area.--Section 240 of 
     the Arabia Mountain National Heritage Area Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1799), as amended 
     by section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (Z) Mormon pioneer national heritage area.--Section 260 of 
     the Mormon Pioneer National Heritage Area Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1807), as amended 
     by section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (AA) Freedom's frontier national heritage area.--Section 
     269 of the Freedom's Frontier National Heritage Area Act (54 
     U.S.C. 320101 note; Public Law 109-338; 120 Stat. 1813), as 
     amended by section 119(l)(1) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``September 30, 2023'' and inserting ``September 30, 2037''.
       (BB) Upper housatonic valley national heritage area.--
     Section 280B of the Upper Housatonic Valley National Heritage 
     Area Act (54 U.S.C. 320101 note; Public Law 109-338; 120 
     Stat. 1819), as amended by section 119(l)(2) of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2022 (Public Law 117-103), is amended by 
     striking ``September 30, 2023'' and inserting ``September 30, 
     2037''.
       (CC) Champlain valley national heritage partnership.--
     Section 289 of the Champlain Valley National Heritage 
     Partnership Act of 2006 (54 U.S.C. 320101 note; Public Law 
     109-338; 120 Stat. 1824), as amended by section 119(l)(1) of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2022 (Public Law 117-103), is 
     amended by striking ``September 30, 2023'' and inserting 
     ``September 30, 2037''.
       (DD) Great basin national heritage route.--Section 291J of 
     the Great Basin National Heritage Route Act (54 U.S.C. 320101 
     note; Public Law 109-338; 120 Stat. 1831), as amended by 
     section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (EE) Gullah/Geechee cultural heritage corridor.--Section 
     295L of the Gullah/Geechee Cultural Heritage Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1837), as amended 
     by section 119(l)(1) of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2022 
     (Public Law 117-103), is amended by striking ``September 30, 
     2023'' and inserting ``September 30, 2037''.
       (FF) Crossroads of the american revolution national 
     heritage area.--Section 297H of the Crossroads of the 
     American Revolution National Heritage Area Act of 2006 (54 
     U.S.C. 320101 note; Public Law 109-338; 120 Stat. 1844), as 
     amended by section 119(l)(1) of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2022 (Public Law 117-103), is amended by striking 
     ``September 30, 2023'' and inserting ``September 30, 2037''.
       (GG) Abraham lincoln national heritage area.--Section 451 
     of the Consolidated Natural Resources Act of 2008 (54 U.S.C. 
     320101 note; Public Law 110-229; 122 Stat. 824) is amended by 
     striking ``the date that is 15 years after the date of the 
     enactment of this subtitle'' and inserting ``September 30, 
     2037''.
       (HH) Journey through hallowed ground national heritage 
     area.--Section 411 of the Consolidated Natural Resources Act 
     of 2008 (54 U.S.C. 320101 note; Public Law 110-229; 122 Stat. 
     809) is amended by striking ``the date that is 15 years after 
     the date of enactment of this subtitle'' and inserting 
     ``September 30, 2037''.
       (II) Niagara falls national heritage area.--Section 432 of 
     the Consolidated Natural Resources Act of 2008 (54 U.S.C. 
     320101 note; Public Law 110-229; 122 Stat. 818) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (JJ) Sangre de cristo national heritage area.--Section 
     8001(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1229) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (KK) Cache la poudre river national heritage area.--Section 
     8002(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1234) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (LL) South park national heritage area.--Section 8003(i) of 
     the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1240) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (MM) Northern plains national heritage area.--Section 
     8004(j) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1247; 123 
     Stat. 2929) is amended by striking ``the date that is 15 
     years after the date of enactment of this Act'' and inserting 
     ``September 30, 2037''.
       (NN) Baltimore national heritage area.--Section 8005(i) of 
     the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1253) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (OO) Freedom's way national heritage area.--Section 8006(i) 
     of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1260) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (PP) Mississippi hills national heritage area.--Section 
     8007(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1267) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (QQ) Mississippi delta national heritage area.--Section 
     8008(i) of the Omnibus Public Land Management Act of 2009 (54 
     U.S.C. 320101 note; Public Law 111-11; 123 Stat. 1275) is 
     amended by striking ``the date that is 15 years after the 
     date of enactment of this Act'' and inserting ``September 30, 
     2037''.
       (RR) Muscle shoals national heritage area.--Section 8009(j) 
     of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 
     320101 note; Public Law 111-11; 123 Stat. 1282) is amended by 
     striking ``the date that is 15 years after the date of 
     enactment of this Act'' and inserting ``September 30, 2037''.
       (SS) Kenai mountains-turnagain arm national heritage 
     area.--Section 8010(i) of the Omnibus Public Land Management 
     Act of 2009 (54 U.S.C. 320101 note; Public Law 111-11; 123 
     Stat. 1288) is amended by striking ``the date that is 15 
     years after the date of enactment of this Act'' and inserting 
     ``September 30, 2037''.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated for each National Heritage Area extended 
     under an amendment made by subparagraphs (A) through (SS) of 
     paragraph (1) not more than $1,000,000 for each of fiscal 
     years 2023 through 2037, subject to any other applicable 
     provisions of, but notwithstanding any limitation on total 
     appropriations for the applicable National Heritage Area 
     established by, a law amended by that paragraph.
       (i) Authorization of Appropriations for Certain National 
     Heritage Areas.--
       (1) Rivers of steel national heritage area.--Section 409(a) 
     of the Steel Industry American Heritage Area Act of 1996 (54 
     U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4256; 129 
     Stat. 2551; 133 Stat. 778) is amended, in the second 
     sentence, by striking ``$20,000,000'' and inserting 
     ``$22,000,000''.
       (2) Essex national heritage area.--Section 508(a) of 
     division II of the Omnibus Parks and Public Lands Management 
     Act of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 
     Stat. 4260; 129 Stat. 2551; 133 Stat. 778) is amended, in the 
     second sentence, by striking ``$20,000,000'' and inserting 
     ``$22,000,000''.
       (3) South carolina national heritage corridor.--Section 
     608(a) of the South Carolina National Heritage Corridor Act 
     of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4264; 122 Stat. 824; 133 Stat. 2714) is amended, in the 
     second sentence, by striking ``$17,000,000'' and inserting 
     ``$19,000,000''.
       (4) America's agricultural heritage partnership.--Section 
     708(a) of division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (54 U.S.C. 320101 note; Public Law 
     104-333; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is 
     amended, in the second sentence, by striking ``$17,000,000'' 
     and inserting ``$19,000,000''.
       (5) Ohio & erie national heritage canalway.--Section 812(a) 
     of the Ohio & Erie Canal National Heritage Corridor Act of 
     1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 
     4275; 133 Stat. 778) is amended by striking ``$20,000,000'' 
     and inserting ``$22,000,000''.
       (6) Maurice d. hinchey hudson river valley national 
     heritage area.--Section 909(c) of division II of Public Law 
     104-333 (54 U.S.C. 320101 note; 110 Stat. 4280; 122 Stat. 
     824) is amended, in the matter preceding paragraph

[[Page S5762]]

     (1), by striking ``$15,000,000'' and inserting 
     ``$17,000,000''.
       (7) Motorcities national heritage area.--Section 110(a) of 
     the Automobile National Heritage Area Act (54 U.S.C. 320101 
     note; Public Law 105-355; 112 Stat. 3252; 133 Stat. 778) is 
     amended, in the second sentence, by striking ``$12,000,000'' 
     and inserting ``$14,000,000''.
       (8) Wheeling national heritage area.--Subsection (h)(1) of 
     the Wheeling National Heritage Area Act of 2000 (54 U.S.C. 
     320101 note; Public Law 106-291; 114 Stat. 967; 133 Stat. 
     778) is amended by striking ``$15,000,000'' and inserting 
     ``$17,000,000''.
       (9) The last green valley national heritage corridor.--
     Section 109(a) of the Quinebaug and Shetucket Rivers Valley 
     National Heritage Corridor Act of 1994 (54 U.S.C. 320101 
     note; Public Law 103-449; 108 Stat. 4756; 113 Stat. 1729; 123 
     Stat. 1292; 133 Stat. 2714) is amended, in the first 
     sentence, by striking ``$17,000,000'' and inserting 
     ``$19,000,000''.
       (10) Lackawanna valley national heritage area.--Section 
     109(a) of the Lackawanna Valley National Heritage Area Act of 
     2000 (54 U.S.C. 320101 note; Public Law 106-278; 114 Stat. 
     818; 134 Stat. 1505) is amended by striking ``$12,000,000'' 
     and inserting ``$14,000,000''.
       (11) Blue ridge national heritage area.--Subsection (i)(1) 
     of the Blue Ridge National Heritage Area Act of 2003 (54 
     U.S.C. 320101 note; Public Law 108-108; 117 Stat. 1280; 133 
     Stat. 778) is amended by striking ``$14,000,000'' and 
     inserting ``$16,000,000''.
       (j) Redesignations.--
       (1) Silos & smokestacks national heritage area.--
       (A) Redesignation.--The America's Agricultural Heritage 
     Partnership established by section 703(a) of division II of 
     the Omnibus Parks and Public Lands Management Act of 1996 
     (Public Law 104-333; 110 Stat. 4266) shall be known and 
     designated as the ``Silos & Smokestacks National Heritage 
     Area''.
       (B) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     partnership referred to in subparagraph (A) shall be deemed 
     to be a reference to the ``Silos & Smokestacks National 
     Heritage Area''.
       (2) Great basin national heritage area.--
       (A) Designation of the great basin national heritage 
     area.--The Great Basin National Heritage Route Act (54 U.S.C. 
     320101 note; Public Law 109-338; 120 Stat. 1824) is amended--
       (i) by striking ``the Heritage Route'' each place it 
     appears and inserting ``the Heritage Area'';
       (ii) by striking ``along'' each place it appears and 
     inserting ``in'';
       (iii) in the subtitle heading, by striking ``Route'' and 
     inserting ``Area'';
       (iv) in section 291, by striking ``Route'' and inserting 
     ``Area'';
       (v) in section 291A(a)--

       (I) in paragraphs (2) and (3), by striking ``the Great 
     Basin Heritage Route'' each place it appears and inserting 
     ``the Great Basin National Heritage Area''; and
       (II) in paragraph (13), by striking ``a Heritage Route'' 
     and inserting ``a Heritage Area'';

       (vi) in section 291B, by striking paragraph (2) and 
     inserting the following:
       ``(2) Heritage area.--The term `Heritage Area' means the 
     Great Basin National Heritage Area established by section 
     291C(a).''; and
       (vii) in section 291C--

       (I) in the section heading, by striking ``route'' and 
     inserting ``area''; and
       (II) in subsection (a), by striking ``Heritage Route'' and 
     inserting ``Heritage Area''; and
       (III) in section 291L(d), in the subsection heading, by 
     striking ``in Heritage Route'' and inserting ``in Heritage 
     Area''.

       (B) Designation of great basin heritage area partnership.--
     The Great Basin National Heritage Area Act (54 U.S.C. 320101 
     note; Public Law 109-338; 120 Stat. 1824) is amended by 
     striking ``Great Basin Heritage Route Partnership'' each 
     place it appears and inserting ``Great Basin Heritage Area 
     Partnership''.
       (k) Extension of Deadline to Complete Certain Management 
     Plans.--Section 6001(c)(1) of the John D. Dingell, Jr. 
     Conservation, Management, and Recreation Act (54 U.S.C. 
     320101 note; Public Law 116-9; 133 Stat. 772) is amended by 
     striking ``3'' and inserting ``5''.
                                 ______
                                 
  SA 6235. Mr. CRUZ (for himself and 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 XXXI, add the following:

     SEC. 313__. NATURAL GAS EXPORTS.

       (a) Finding.--Congress finds that expanding natural gas 
     exports will lead to increased investment and development of 
     domestic supplies of natural gas that will contribute to job 
     growth and economic development.
       (b) Natural Gas Exports.--Section 3(c) of the Natural Gas 
     Act (15 U.S.C. 717b(c)) is amended--
       (1) by inserting ``or any other nation not excluded by this 
     section'' after ``trade in natural gas'';
       (2) by striking ``(c) For purposes'' and inserting the 
     following:
       ``(c) Expedited Application and Approval Process.--
       ``(1) In general.--For purposes''; and
       (3) by adding at the end the following:
       ``(2) Exclusions.--
       ``(A) In general.--Any nation subject to sanctions or trade 
     restrictions imposed by the United States is excluded from 
     expedited approval under paragraph (1).
       ``(B) Designation by president or congress.--The President 
     or Congress may designate nations that may be excluded from 
     expedited approval under paragraph (1) for reasons of 
     national security.
       ``(3) Order not required.--No order is required under 
     subsection (a) to authorize the export or import of any 
     natural gas to or from Canada or Mexico.''.
                                 ______
                                 
  SA 6236. Mr. INHOFE (for 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 subtitle A of title XII, add the following:

     SEC. 1214. UNITED STATES - ISRAEL ARTIFICIAL INTELLIGENCE 
                   CENTER.

       (a) Short Title.--This section may be cited as the ``United 
     States - Israel Artificial Intelligence Center Act''.
       (b) Establishment of Center.--The Secretary of State, in 
     consultation with the Secretary of Commerce, the Director of 
     the National Science Foundation, and the heads of other 
     relevant Federal agencies, shall establish the United States 
     - Israel Artificial Intelligence Center (referred to in this 
     section as the ``Center'') in the United States.
       (c) Purpose.--The purpose of the Center shall be to 
     leverage the experience, knowledge, and expertise of 
     institutions of higher education and private sector entities 
     in the United States and the State of Israel (referred to in 
     this section as ``Israel'') to develop more robust research 
     and development cooperation in the areas of--
       (1) machine learning;
       (2) image classification;
       (3) object detection;
       (4) speech recognition;
       (5) natural language processing;
       (6) data labeling;
       (7) computer vision; and
       (8) model explainability and interpretability.
       (d) Artificial Intelligence Principles.--In carrying out 
     the purpose described in subsection (c), the Center shall 
     adhere to the principles for the use of artificial 
     intelligence in the Federal Government set forth in section 3 
     of Executive Order 13960 (85 Fed. Reg. 78939).
       (e) International Partnerships.--
       (1) In general.--The Secretary of State and the heads of 
     other relevant Federal agencies, subject to the availability 
     of appropriations, may enter into cooperative agreements 
     supporting and enhancing dialogue and planning involving 
     international partnerships between the Department of State or 
     such agencies and the Government of Israel and its 
     ministries, offices, and institutions.
       (2) Federal share.--Not more than 50 percent of the costs 
     of implementing the agreements entered into pursuant to 
     paragraph (1) may be paid by the United States Government.
       (f) Limitations.--The Center is prohibited from receiving 
     any investment from or contracting with--
       (1) any individual or entity with ties to any entity 
     affiliated (officially or unofficially) with the Chinese 
     Communist Party, the People's Liberation Army, or Government 
     of the People's Republic of China; or
       (2) any entity owned, controlled by, or affiliated with the 
     Chinese Communist Party or the People's Republic of China, or 
     in which the Government of the People's Republic of China has 
     an ownership interest.
       (g) Counterintelligence Screening Process.--
       (1) Establishment.--The Director of National Intelligence, 
     the Director of the National Counterintelligence and Security 
     Center, and the Director of the Federal Bureau of 
     Investigation shall jointly establish a comprehensive 
     counterintelligence screening process to protect the United 
     States against efforts of the Government of the People's 
     Republic of China and other foreign entities to engage in 
     economic espionage and to misappropriate or misuse the 
     intellectual property, research and development, and 
     innovation efforts produced by the Center.
       (2) Functions.--Subject to the joint direction and control 
     of the Federal officials referred to in paragraph (1), the 
     counterintelligence screening process established under such 
     paragraph shall assess and screen all purchases, leases, and 
     other transfers of intellectual property developed with the 
     assistance of the Center for potential national

[[Page S5763]]

     security threats as a condition precedent to any such 
     agreement.
       (3) Funding.--Amounts required to carry out the process 
     established under paragraph (1) shall be derived from amounts 
     appropriated pursuant to subsection (j).
       (h) Protections.--
       (1) Certification required for participation.--
     Notwithstanding any other provision of this section, no 
     person or entity may purchase, lease, participate in 
     development of, or otherwise obtain any intellectual property 
     developed with the assistance of the Center, unless all of 
     the Federal officials referred to in subsection (g)(1) 
     jointly certify, on behalf of their respective departments or 
     agencies, that any such property has sufficient protections 
     in place preclude misuse of United States intellectual 
     property, research and development, and innovation efforts, 
     and other threats from the People's Republic of China and 
     other entities.
       (2) Certification requirements.--Notwithstanding any other 
     provision of this section, no certification may be made under 
     paragraph (1) with respect to a person or entity unless such 
     person or entity discloses to Center--
       (A) any funding the person received from sources other than 
     entities in the United States or Israel during the most 
     recent 10-year period; and
       (B) any participation of the person in the People's 
     Republic of China's Thousand Talents Program or any entity 
     with official or unofficial ties to the Chinese Communist 
     Party, the People's Republic of China, or its affiliates, 
     including--
       (i) any institute or university included in the Seven Sons 
     of National Defense; and
       (ii) any college or university that receives funding from 
     the People's Liberation Army, the Central Military Commission 
     of the Chinese Communist Party, the Equipment Development 
     Department of the Central Military Commission of the Chinese 
     Communist Party, or the Ministry of Science and Technology of 
     the People's Republic of China.
       (i) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and not later than 
     December 31 of each year thereafter, the Federal officials 
     referred to in subsection (g)(1) shall jointly submit a 
     report to Congress that describes the safeguards established 
     by the Center to prevent the misappropriation or misuse of 
     intellectual property, research and development, and 
     innovation efforts produced by the Center.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Center $10,000,000 for each of the 
     fiscal years 2023 through 2027 to carry out this section.
                                 ______
                                 
  SA 6237. Mr. INHOFE (for 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 subtitle D of title X, add the following:

     SEC. 1035. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
                   CHARTERING PRIVATE OR COMMERCIAL AIRCRAFT TO 
                   TRANSPORT INDIVIDUALS DETAINED AT UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2023 for the 
     Department of Defense or any element of the intelligence 
     community may be obligated or expended to charter any private 
     or commercial aircraft to transport an individual who is or 
     was an individual detained at Guantanamo.
       (b) Definitions.--
       (1) 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).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).

     SEC. 1036. CERTIFICATION TO CONGRESS FOR CERTAIN TRANSFERS OF 
                   INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2023 for the 
     Department of Defense or any element of the intelligence 
     community may be obligated or expended to transfer any 
     individual detained at Guantanamo until--
       (1) the individual to be transferred has attested publicly, 
     in writing, to the Secretary of Defense that the individual 
     will not engage in terrorism against the United States, 
     United States interests, or United States citizens abroad; 
     and
       (2) the Secretary of Defense and the Director of National 
     Intelligence each certify in writing to the appropriate 
     committees of Congress that the record of the individual, 
     including the attestation required under paragraph (1), 
     supports that the individual will not engage in terrorism 
     against the United States, United States interests, or United 
     States citizens abroad.
       (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 Select Committee on Intelligence of the Senate;
       (C) the Committee on Armed Services of the House of 
     Representatives; and
       (D) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) 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).
       (3) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 6238. Mr. INHOFE (for 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 subtitle D of title XII, add the following:

     SEC. 1254. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Identification of Vulnerabilities and Leverage.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense, in consultation with the 
     Secretary of State, the Secretary of Commerce, the Secretary 
     of the Treasury, the Director of the Office of Federal 
     Procurement Policy, and the Director of the Office of Science 
     and Technology Policy, shall submit to the appropriate 
     committees of Congress a report that identifies--
       (1) goods and services from the United States that are 
     relied on by the People's Republic of China such that that 
     reliance presents a strategic opportunity and source of 
     leverage against the People's Republic of China; and
       (2) procurement practices of the United States Armed Forces 
     and other Federal agencies that are reliant on trade with the 
     People's Republic of China and other inputs from the People's 
     Republic of China, such that that reliance presents a 
     strategic vulnerability and source of leverage that the 
     Chinese Communist Party could exploit.
       (b) Strategy.--Not later than 180 days after the submission 
     of the report required by subsection (a)--
       (1) the Secretary of the Treasury, in consultation with the 
     Secretary of the Defense, the Secretary of Commerce, the 
     Secretary of State, the Director of the Office of Federal 
     Procurement Policy, and the Director of the Office of Science 
     and Technology Policy, shall submit to the appropriate 
     committees of Congress a report, utilizing the findings of 
     the report required by subsection (a), that describes a 
     comprehensive sanctions strategy to advise policymakers on 
     policies the United States and allies and partners of the 
     United States could adopt with respect to the People's 
     Republic of China in response to an invasion of Taiwan by the 
     People's Republic of China that--
       (A) starves the People's Liberation Army of oil, natural 
     gas, munitions, and other supplies needed to conduct military 
     operations against Taiwan, United States facilities in the 
     Pacific and Indian Oceans, and allies and partners of the 
     United States in the region;
       (B) diminishes the capacity of the industrial base of the 
     People's Republic of China to manufacture and deliver defense 
     articles to replace those lost in operations of the People's 
     Liberation Army against Taiwan, the United States, and allies 
     and partners of the United States; and
       (C) inhibits the ability of the People's Republic of China 
     to evade United States and multilateral sanctions through 
     third parties, including through secondary sanctions; and
       (2) the Secretary of Commerce, in consultation the 
     Secretary of Defense, the Secretary of State, the Director of 
     National Intelligence, the United States Trade 
     Representative, the Director of the Office of Federal 
     Procurement Policy, and the Director of the Office of Science 
     and Technology Policy, shall submit to the appropriate 
     committees of Congress a report that--
       (A) identifies critical sectors within the United States 
     economy that rely on trade with the People's Republic of 
     China and other inputs from the People's Republic of China 
     (including active pharmaceutical ingredients, rare earth 
     minerals, and metallurgical inputs), such that those sectors 
     present a strategic vulnerability and source of leverage that 
     the Chinese Communist Party could exploit;
       (B) makes recommendations to Congress on steps that can be 
     taken to reduce the

[[Page S5764]]

     sources of leverage described in subparagraph (A) and 
     subsection (a)(1), including through--
       (i) provision of economic incentives and making other trade 
     and contracting reforms to support United States industry and 
     job growth in critical sectors and to indigenize production 
     of critical resources; and
       (ii) policies to facilitate ``near- or friend-shoring'', or 
     otherwise developing strategies to facilitate that process 
     with allies and partners of the United States, in other 
     sectors for which domestic reshoring would prove infeasible 
     for any reason.
       (c) Form.--The reports required by subsections (a) and (b) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, the 
     Committee on Finance, the Committee on Banking, Housing, and 
     Urban Affairs, and the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, the 
     Committee on Energy and Commerce, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
                                 ______
                                 
  SA 6239. 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 appropriate place in title X, insert the following:

     SEC. 10__. REMEMBRANCE OF CONGRESSMAN DON YOUNG.

       Notwithstanding section 2409 of title 38, United States 
     Code, the memory of Congressman Don Young shall be honored 
     with a memorial marker and ceremony in Arlington National 
     Cemetery.
                                 ______
                                 
  SA 6240. 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. ___. MODIFICATION TO PROVISIONS OF LAW RELATING TO 
                   CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS 
                   RISKS.

       (a) Research and Development Contracts: Indemnification 
     Provisions.--Section 3861 of title 10, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``the Secretary of Defense or'' after 
     ``With the approval of''; and
       (B) by inserting ``or defense agency'' before ``for 
     research''; and
       (2) by adding at the end the following new subsection:
       ``(e) Approval by Secretary of Defense.--If, within 90 days 
     of the submission of a request to the Secretary of a military 
     department by a contractor for indemnification of the 
     contractor by the military department for a risk that is 
     unusually hazardous, the Secretary of a military department 
     rejects or refuses to approve such request--
       ``(1) the contractor may appeal such rejection or refusal 
     to the Secretary of Defense; and
       ``(2) the Secretary of Defense may approve the 
     indemnification of the contractor by the military department.
       ``(f) Definition of Unusually Hazardous.--In this section, 
     the term `unusually hazardous' may include risk of the 
     following:
       ``(1) burning, explosion, detonation, flight or surface 
     impact, or toxic or hazardous material release associated 
     with one or more of the following:
       ``(A) Products or programs relating to any hypersonic 
     weapon system, including boost glide vehicles and air-
     breathing propulsion systems.
       ``(B) Products or programs relating to rocket propulsion 
     systems, including, at a minimum, with respect to rockets, 
     missiles, launch vehicles, rocket engines or motors or 
     hypersonic weapons systems using either a solid or liquid 
     high energy propellant inclusive of any warhead, if any, in 
     excess of 1000 pounds of the chemical equivalent of 
     Trinitrotoluene (TNT).
       ``(C) Products or programs relating to the introduction, 
     fielding or incorporating of any item containing high energy 
     propellants, inclusive of any warhead, if any, in excess of 
     1000 pounds of the chemical equivalent of Trinitrotoluene 
     into any ship, vessel, submarine, aircraft, or spacecraft.
       ``(2) Loss of products relating to a classified program 
     where insurance is not available due to the prohibition of 
     disclosure of classified information to commercial insurance 
     providers, and without such disclosure access to insurance is 
     not possible.
       ``(3) Any other risk that the contract defines as unusually 
     hazardous.''.
       (b) Executive Order 10789.--
       (1) Definition of unusually hazardous.--For purposes of 
     Executive Order 10789 (50 U.S.C. 1431 note; relating to 
     contracting authority of Government agencies in connection 
     with national defense functions), the term ``unusually 
     hazardous'' may include risk of one or more of the following:
       (A) Burning, explosion, detonation, flight or surface 
     impact, or toxic or hazardous material release associated 
     with, including operations and maintenance thereof, one or 
     more of the following:
       (i) Products or programs relating to any hypersonic weapon 
     system, including boost glide vehicles and air-breathing 
     propulsion systems.
       (ii) Products or programs relating to rocket propulsion 
     systems, including, at a minimum, with respect to rockets, 
     missiles, launch vehicles, rocket engines or motors or 
     hypersonic weapons systems using either a solid or liquid 
     high energy propellant inclusive of any warhead, if any, in 
     excess of 1000 pounds of the chemical equivalent of 
     Trinitrotoluene (TNT).
       (iii) Products or programs relating to the introduction, 
     fielding or incorporating of any item containing high energy 
     propellants, inclusive of any warhead, if any, in excess of 
     1000 pounds of the chemical equivalent of Trinitrotoluene 
     into any ship, vessel, submarine, aircraft, or spacecraft.
       (B) Loss of products relating to a classified program where 
     insurance is not available due to the prohibition of 
     disclosure of classified information to commercial insurance 
     providers, and without such disclosure access to insurance is 
     not possible.
       (C) Any other risk that the contract defines as unusually 
     hazardous.
       (2) Willful misconduct exclusion.--(A) Pursuant to 
     paragraph 1A(b)(2) of such Executive Order, an 
     indemnification and hold harmless agreement entered into 
     between the United States and a contractor, or between a 
     contractor and a subcontractor, or between two 
     subcontractors, may have the authority not to cover claims or 
     losses, whether between the United States and a contractor, 
     or between a contractor and a subcontractor, or between two 
     subcontractors, caused by the willful misconduct or lack of 
     good faith on the part of one or more contractor or 
     subcontractor principal officials which are--
       (i) claims by the United States (other than those arising 
     through subrogation) against the contractor or subcontractor, 
     or
       (ii) losses affecting the property of such contractor or 
     subcontractor.
       (B) In this paragraph, the term ``principal officials'' 
     means directors, officers, managers, superintendents, or 
     other representatives supervising or directing--
       (i) all or substantially all of the contractor or 
     subcontractor's business;
       (ii) all or substantially all of the contractor or 
     subcontractor's operations at any one plant or separate 
     location in which the contract is being performed; or
       (iii) a separate and complete major industrial operation in 
     connection with the performance of the contract.
       (c) Extension of Requirement for Reports on Certain 
     Activities With Unusually Hazardous Risks.--Section 1684 of 
     the National Defense Authorization Act for Fiscal Year 2022 
     (Public Law 117-81) is amended--
       (1) in subsection (a), by striking ``2022 and 2023'' and 
     inserting ``2022 through 2024''; and
       (2) in subsection (b), by striking ``September 30, 2023'' 
     and inserting ``September 30, 2024''.
                                 ______
                                 
  SA 6241. Ms. ERNST (for herself 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 C of title VII, add the following:

     SEC. 753. WARFIGHTER BRAIN HEALTH INITIATIVE.

       (a) In General.--The Secretary of Defense shall establish 
     and implement a comprehensive strategy and action plan for 
     brain health to be known as the ``Warfighter Brain Health 
     Initiative'' (in this section referred to as the 
     ``Initiative'') to unify disparate efforts and programs 
     across the Department of Defense to improve the brain health 
     and cognitive performance of members of the Armed Forces.
       (b) Objectives.--The objectives of the Initiative are the 
     following:

[[Page S5765]]

       (1) To enhance the cognitive performance of members of the 
     Armed Forces through an integrated brain health strategy that 
     includes education, training, prevention, protection, 
     monitoring, detection, diagnosis, treatment, and 
     rehabilitation, including by--
       (A) establishing common brain health monitoring baselines 
     across the Department of Defense to be used to monitor a 
     member of the Armed Forces at regular intervals with the goal 
     of detecting patterns of brain injury and health distress 
     early in the evolution of injury or disease progression;
       (B) identifying and disseminating blast pressure thresholds 
     associated with microscopic brain injury;
       (C) modifying high risk training and operational activities 
     to mitigate the negative effects of repetitive harmful blast 
     exposure;
       (D) developing and conducting operational fielding of non-
     invasive portable point of care medical devices to inform 
     diagnosis and treatment of structural and functional 
     traumatic brain injury;
       (E) establishing standardized reporting of critical 
     incidents and blast exposures affecting brain health for 
     members of the Armed Forces;
       (F) developing a comprehensive brain health research 
     roadmap that establishes strict criteria for research grants 
     based on direct correlation to the brain health outcomes of 
     members of the Armed Forces, including prevention, 
     protection, detection, diagnosis, treatment and 
     rehabilitation;
       (G) incorporating the findings and recommendations of the 
     report entitled ``Traumatic Brain Injury: A Roadmap for 
     Accelerating Progress'' published in February 2022 by the 
     National Academies of Science, Engineering, and Medicine; and
       (H) identifying occupational specialties that pose a high 
     risk to brain health.
       (2) To synchronize and prioritize efforts to improve brain 
     health by the Department of Defense into a single approach to 
     produce more efficient and effective results.
       (c) Reports.--
       (1) Initial report.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the Initiative, including a summary of progress made toward 
     the objectives described in subsection (b).
       (2) Annual report.--Not later than January 31, 2024, and 
     annually thereafter until 2030, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     that includes--
       (A) a description of the actions taken and resources 
     expended in the previous fiscal year to carry out the 
     Initiative; and
       (B) a summary of progress made toward the objectives 
     described in subsection (b) during the previous fiscal year.
       (d) Budget Exhibit.--The Secretary of Defense shall include 
     in the budget justification materials submitted to Congress 
     in support of the Department of Defense budget for each of 
     fiscal years 2025 through 2029 (as submitted with the budget 
     of the President under section 1105(a) of title 31, United 
     States Code) a single budget exhibit containing relevant 
     details pertaining to the Initiative.
                                 ______
                                 
  SA 6242. Mr. HICKENLOOPER submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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 TO AUTHORITY TO BUILD CAPACITY OF 
                   FOREIGN SECURITY FORCES.

       Subsection (a) of section 333 of title 10, United States 
     Code, is amended--
       (1) in paragraph (3), by inserting ``or other counter-
     illicit trafficking operations'' before the period at the 
     end; and
       (2) by adding at the end the following new paragraph:
       ``(10) Operations or activities that maintain or enhance 
     the climate resilience of military or security infrastructure 
     supporting security cooperation programs under this 
     section.''.
                                 ______
                                 
  SA 6243. Mr. HICKENLOOPER submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2867. CONTRIBUTIONS FOR CLIMATE RESILIENCE FOR NORTH 
                   ATLANTIC TREATY ORGANIZATION SECURITY 
                   INVESTMENT PROGRAM.

       Section 2806(a) of title 10, United States Code, is amended 
     by striking ``and construction'' and inserting 
     ``construction, and climate resilience''.
                                 ______
                                 
  SA 6244. Mr. HICKENLOOPER submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP ACT OF 2022.

       (a) Short Title.--This Act may be cited as the ``John Lewis 
     Civil Rights Fellowship Act of 2022''.
       (b) John Lewis Civil Rights Fellowship Program.--The Mutual 
     Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 
     et seq.) is amended by adding at the end the following:

     ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

       ``(a) Establishment.--There is established the John Lewis 
     Civil Rights Fellowship Program (referred to in this section 
     as the `Fellowship Program') within the J. William Fulbright 
     Educational Exchange Program.
       ``(b) Purposes.--The purposes of the Fellowship Program 
     are--
       ``(1) to honor the legacy of Representative John Lewis by 
     promoting a greater understanding of the history and tenets 
     of nonviolent civil rights movements; and
       ``(2) to advance foreign policy priorities of the United 
     States by promoting studies, research, and international 
     exchange in the subject of nonviolent movements that 
     established and protected civil rights around the world.
       ``(c) Administration.--The Bureau of Educational and 
     Cultural Affairs (referred to in this section as the 
     `Bureau') shall administer the Fellowship Program in 
     accordance with policy guidelines established by the Board, 
     in consultation with the binational Fulbright Commissions and 
     United States Embassies.
       ``(d) Selection of Fellows.--
       ``(1) In general.--The Board shall annually select 
     qualified individuals to participate in the Fellowship 
     Program. The Board may determine the number of fellows 
     selected each year, which, whenever feasible shall be not 
     fewer than 25.
       ``(2) Outreach.--To the extent practicable, the Bureau 
     shall conduct outreach at institutions the Bureau determines 
     are likely to produce a range of qualified applicants.
       ``(e) Fellowship Orientation.--Annually, the Bureau shall 
     organize and administer a fellowship orientation, which 
     shall--
       ``(1) be held in Washington, D.C., or at another location 
     selected by the Bureau; and
       ``(2) include programming to honor the legacy of 
     Representative John Lewis.
       ``(f) Structure.--
       ``(1) Work plan.--To carry out the purposes described in 
     subsection (b)(2)--
       ``(A) each fellow selected pursuant to subsection (d) shall 
     arrange an internship or research placement--
       ``(i) with a nongovernmental organization, academic 
     institution, or other organization approved by the Bureau; 
     and
       ``(ii) in a country with an operational Fulbright U.S. 
     Student Program; and
       ``(B) the Bureau shall, for each fellow, approve a work 
     plan that identifies the target objectives for the fellow, 
     including specific duties and responsibilities relating to 
     those objectives.
       ``(2) Conferences; presentations.--Each fellow shall--
       ``(A) a fellowship orientation organized and administered 
     by the Bureau under subsection (e);
       ``(B) not later than the date that is 1 year after the end 
     of the fellowship period, attend a fellowship summit 
     organized and administered by the Bureau, which--
       ``(i) whenever feasible, shall be held in a location of 
     importance to the civil rights movement in the United States 
     and selected by the Bureau; and
       ``(ii) may coincide with other events facilitated by the 
     Bureau; and
       ``(C) at such summit, give a presentation on lessons 
     learned during the period of fellowship.
       ``(3) Fellowship period.--Each fellowship under this 
     section shall continue for a period determined by the Bureau, 
     which, whenever feasible, shall be not shorter than 10 
     months.
       ``(g) Fellowship Award.--The Bureau shall provide each 
     fellow under this section with an allowance that is equal to 
     the amount needed for--
       ``(1) the reasonable costs of the fellow during the 
     fellowship period; and
       ``(2) travel and lodging expenses related to attending the 
     orientation and summit required under subsection (e)(2).
       ``(h) Reports.--Not later than 1 year after the date of the 
     completion of the fellowship by the initial cohort of fellows 
     selected under subsection (d), and annually thereafter, the 
     Secretary of State shall submit to the Committee on Foreign 
     Affairs of the House of Representatives and the Committee

[[Page S5766]]

     on Foreign Relations of the Senate a report providing 
     information on the implementation of the Fellowship Program, 
     including--
       ``(1) a description of the demographics of the cohort of 
     fellows who completed a fellowship during the preceding 1-
     year period;
       ``(2) an analysis of trends relating to the diversity of 
     the cohort of fellows and the topics of projects completed 
     over the course of the Fellowship Program; and
       ``(3) a description of internship and research placements, 
     and research projects selected, under the Fellowship Program, 
     including feedback from--
       ``(A) fellows on implementation of the Fellowship Program; 
     and
       ``(B) the Secretary of State on lessons learned.
       ``(i) Sunset.--The authority to carry out this section 
     terminates on the date that is 7 years after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2023.''.
       (c) Technical and Conforming Amendments to the Mutual 
     Educational and Cultural Exchange Act of 1961.--Section 
     112(a) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2460(a)) is amended--
       (1) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(10) the John Lewis Civil Rights Fellowship Program 
     established under section 115, which provides funding for 
     international internships and research placements for early- 
     to mid-career individuals from the United States to study 
     nonviolent civil rights movements in self-arranged placements 
     with universities or nongovernmental organizations in foreign 
     countries.''.
                                 ______
                                 
  SA 6245. Mr. HICKENLOOPER submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. EXTENSION OF AUTHORIZATIONS RELATED TO FISH 
                   RECOVERY PROGRAMS.

       Section 3 of Public Law 106-392 (114 Stat. 1603 et seq.) is 
     amended--
       (1) by striking ``2023'' each place it appears and 
     inserting ``2024'';
       (2) in subsection (b)(1), by striking ``$179,000,000'' and 
     inserting ``$184,000,000'';
       (3) in subsection (b)(2), by striking ``$30,000,000'' and 
     inserting ``$25,000,000'';
       (4) in subsection (h), by striking ``, at least 1 year 
     prior to such expiration,''; and
       (5) in subsection (j), by striking ``2021'' each place it 
     appears and inserting ``2022''.
                                 ______
                                 
  SA 6246. 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. _____. PUBLICATION AND DISTRIBUTION OF OPINIONS.

       Section 521 of title 28, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Attorney General''; and
       (2) by adding at the end the following:
       ``(b) OLC Opinions.--
       ``(1) Definitions.--In this subsection, the following terms 
     shall apply:
       ``(A) Final olc opinion.--The term `final OLC opinion' 
     means an OLC opinion that--
       ``(i) the Attorney General, Assistant Attorney General for 
     the Office of Legal Counsel, or a Deputy Assistant General 
     for the Office of Legal Counsel, has determined is final;
       ``(ii) is relied upon by government officials or government 
     contractors;
       ``(iii) is relied upon to formulate legal guidance; or
       ``(iv) is directly or indirectly cited in another OLC 
     opinion.
       ``(B) OLC opinion.--The term `OLC opinion'--
       ``(i) means views on a matter of legal interpretation 
     communicated by the Office of Legal Counsel of the Department 
     of Justice to any other office or agency, or person in an 
     office or agency, in the Executive Branch, including any 
     office in the Department of Justice, the White House, or the 
     Executive Office of the President, and rendered in accordance 
     with sections 511 through 513; and
       ``(ii) includes--

       ``(I) in the case of a verbal communication of a legal 
     interpretation, a memorialization of that communication;
       ``(II) a final OLC opinion; and
       ``(III) a revised OLC opinion.

       ``(C) Revised olc opinion.--The term `revised OLC opinion' 
     means an OLC opinion--
       ``(i) that is withdrawn;
       ``(ii) to which information is added; or
       ``(iii) from which information is removed.
       ``(2) Requirement.--Subject to paragraph (3) and in 
     accordance with paragraph (4), the Attorney General shall 
     publish all OLC opinions on the public website of the 
     Department to be accessed by the public free of charge.
       ``(3) Redaction of classified information.--
       ``(A) In general.--In the case of an OLC opinion required 
     to be published under paragraph (2) that contains information 
     classified as confidential, secret, or top secret, the 
     Attorney General shall--
       ``(i) redact the classified information from the OLC 
     opinion before publication of the OLC opinion; and
       ``(ii) establish and preserve an accurate record 
     documenting each redaction from the OLC opinion, including 
     information describing in detail why public online disclosure 
     of the classified information would have resulted in the 
     associated harm that pertains to each level of 
     classification.
       ``(B) Limitation.--The Attorney General may not redact 
     information under this paragraph that is sensitive but 
     unclassified.
       ``(C) Submission to congress.--In the case of an OLC 
     opinion described in subparagraph (A), the Attorney General 
     shall submit the full opinion, without redaction, to any 
     Member of Congress and any appropriately cleared 
     congressional staff member.
       ``(D) Periodic review.--To the maximum extent practicable, 
     the Attorney General shall, on a continual basis and not less 
     frequently than once every 90 days--
       ``(i) review every OLC opinion published under this 
     subsection that contains redactions of classified 
     information; and
       ``(ii) remove any redactions that no longer protect 
     information that is classified as either sensitive, secret, 
     or top secret.
       ``(4) Deadline for publication.--
       ``(A) In general.--Each OLC opinion issued by the Office of 
     Legal Counsel of the Department after the date of enactment 
     of the DOJ OLC Transparency Act shall be published in 
     accordance with this section as soon as practicable, but not 
     later than 48 hours, after the date of issuance of the 
     opinion.
       ``(B) Previously issued opinions.--In the case of OLC 
     opinions issued before the date of enactment of the DOJ OLC 
     Transparency Act, the Attorney General shall, subject to 
     subparagraph (C)--
       ``(i) not later than 30 days after the date of enactment of 
     the DOJ OLC Transparency Act, publish all of the OLC opinions 
     issued during fiscal years 2020 through 2023;
       ``(ii) not later than 60 days after the date of enactment 
     of the DOJ OLC Transparency Act, publish all of the OLC 
     opinions issued during fiscal years 2000 through 2019;
       ``(iii) not later than 90 days after the date of enactment 
     of the DOJ OLC Transparency Act, publish all of the OLC 
     opinions issued during fiscal years 1980 through 1999;
       ``(iv) not later than 120 days after the date of enactment 
     of the DOJ OLC Transparency Act, publish all of the OLC 
     opinions issued during fiscal years 1960 through 1979; and
       ``(v) not later than 2 years after the date of enactment of 
     the DOJ OLC Transparency Act, publish all of the OLC opinions 
     issued before fiscal year 1960.
       ``(C) Description of certain opinions.--In the case of an 
     OLC opinion issued by the Office of Legal Counsel of the 
     Department before the date of enactment of the DOJ OLC 
     Transparency Act for which the text of the OLC opinion cannot 
     be located, the Attorney General shall--
       ``(i) publish a description of the OLC opinion; and
       ``(ii) submit a written certification to Congress, under 
     penalty of perjury, that--

       ``(I) a good faith effort was made to find the text of the 
     OLC opinion; and
       ``(II) the text of the OLC opinion is unavailable.

       ``(5) Right of action.--
       ``(A) In general.--On complaint brought by a complainant 
     who has been harmed as a result of being deprived access to 
     an OLC opinion that is required to be made available to the 
     public free of charge on the public website of the Department 
     under this subsection, the district court of the United 
     States in the district in which the complainant resides, or 
     has his principal place of business, or in the District of 
     Columbia, has jurisdiction to enjoin the Office of Legal 
     Counsel from withholding information required to be made 
     available under this subsection and to order the production 
     of information improperly withheld from the complainant.
       ``(B) Review.--In a case brought under subparagraph (A)--
       ``(i) the court--

       ``(I) shall determine the matter de novo; and
       ``(II) may examine the contents of the opinion issued by 
     the Office of Legal Counsel in camera to determine whether 
     such information or any part thereof shall be withheld under 
     paragraph (3); and

       ``(ii) the burden is on the Office of Legal Counsel to 
     sustain its action.''.
                                 ______
                                 
  SA 6247. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr.

[[Page S5767]]

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

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

     SEC. 2868. ASSESSMENT OF RISKS TO DEFENSE COMMUNITIES.

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

     ``Sec. 2817. Defense community vulnerability assessments and 
       exercises

       ``(a) Program.--The Secretary of Defense shall establish a 
     program that ensures that, not later than one year after the 
     date of the enactment of this section, the Secretary of each 
     military department is able to--
       ``(1) conduct exercises to assess and to the degree 
     feasible quantify the potential impact of current and 
     projected risks to military installation resilience resulting 
     from vulnerabilities to critical infrastructure inside and 
     outside of the military installation, including community 
     infrastructure not under the jurisdiction of the Secretary 
     concerned; and
       ``(2) improve collaboration and information sharing of 
     critical infrastructure vulnerabilities with stakeholders in 
     the civilian community that are necessary to reduce the risks 
     to military installation resilience.
       ``(b) Vulnerability Assessments.--In carrying out the 
     program under subsection (a), consistent with the use of 
     military installations and State-owned installations of the 
     National Guard to ensure the readiness of the armed forces, 
     the Secretary of each military department shall assess 
     current and projected vulnerabilities related to military 
     installation infrastructure and community infrastructure that 
     impact military installation resilience described in section 
     2864(c) of this title, including vulnerabilities resulting 
     from interdependencies in the following critical 
     infrastructure sectors:
       ``(1) Energy generation, distribution, and transmission 
     systems.
       ``(2) Water and wastewater treatment facilities.
       ``(3) Telecommunications and information technology 
     systems.
       ``(4) Intermodal transportation nodes, including access 
     roads, railways and railheads, bridges, and harbor and port 
     infrastructure.
       ``(5) Emergency services.
       ``(6) Such other critical infrastructure sectors as the 
     Secretary concerned determines are important to ensure 
     military installation resilience.
       ``(c) Vulnerability Exercises.--(1) In carrying out the 
     program under subsection (a), each year, the Secretary of 
     each military department shall conduct a vulnerability 
     exercise to assess and to the degree feasible quantify the 
     potential impact of current and projected risks to military 
     installation resilience at not fewer than five military 
     installations and identify information gaps necessary to 
     improve military installation resilience planning under 
     section 2864(c) of this title.
       ``(2) The Secretary of each military department shall 
     develop and conduct exercises under paragraph (1) in 
     coordination with the following:
       ``(A) The Secretary of Homeland Security, acting through 
     the director of the Cybersecurity and Infrastructure Security 
     Agency and the Administrator of the Federal Emergency 
     Management Agency.
       ``(B) The Secretary of Energy, acting through the director 
     of the Resilience Optimization Center of the Idaho National 
     Laboratory.
       ``(C) The Assistant Secretary of the Army for Civil Works, 
     acting through the Chief of Engineers.
       ``(D) Representatives of State, tribal, and local emergency 
     management agencies and resilience agencies, including the 
     heads of such agencies, as appropriate.
       ``(E) Representatives of State, tribal, and local 
     governments with expertise, oversight, or responsibility 
     regarding the critical infrastructure sectors described in 
     subsection (b).
       ``(F) Representatives of private service providers serving 
     critical infrastructure sectors described in subsection (b).
       ``(G) Representatives of non-governmental organizations and 
     local colleges and universities with access to the planning 
     tools to provide local-level vulnerability analysis to assess 
     current and projected critical infrastructure vulnerabilities 
     inside and outside of a military installation.
       ``(H) The heads of such other Federal or State departments 
     or agencies as the Secretary concerned considers appropriate 
     for conducting the exercise under paragraph (1).
       ``(3) Each exercise under paragraph (1) shall model and 
     analyze interdependency vulnerabilities related to military 
     installation infrastructure and community infrastructure 
     using a uniform method that seeks to combine, to the extent 
     appropriate and applicable, the following:
       ``(A) An all hazards analysis that models military 
     infrastructure and community infrastructure as regionally 
     linked systems to assess the current and projected risks and 
     consequences of manmade and natural disasters, including the 
     impact of extreme weather, on those systems inside and 
     outside the military installation.
       ``(B) A science-based analysis that provides for enhanced 
     modeling of current and projected infrastructure risks to 
     military installation resilience both within the boundaries 
     of the military installation and in localities and 
     communities in which the military installation is located.
       ``(4) The Secretary of each military department shall 
     provide to the individuals described in paragraph (2) any 
     information, in an appropriate form, that is used to develop 
     the exercises described in paragraph (1), including--
       ``(A) projections from reliable and authorized sources used 
     for the military installation resilience component of the 
     installation master plans of the Department of Defense under 
     section 2864 of this title;
       ``(B) modeling and analytical products described in 
     paragraph (3); and
       ``(C) any additional material used to inform the conduct of 
     the exercises under paragraph (1).
       ``(d) Reports.--(1) Not later than March 1 of each year, 
     the Secretary of each military department shall submit to the 
     appropriate congressional committees a report on the program 
     conducted under this section, including the assessments 
     conducted under subsection (b) and the exercises conducted 
     under subsection (c), during the year preceding the report.
       ``(2) Each report submitted under paragraph (1) shall 
     include the following:
       ``(A) The name and location of each military installation 
     with respect to which an assessment and exercise was 
     conducted under this section in the year covered by the 
     report, including a list of stakeholders engaged as part of 
     each exercise under subsection (c).
       ``(B) The name and location of where each military 
     department plans to conduct assessments and exercises under 
     this section in the following year.
       ``(C) An analysis of what current and future risks the 
     assessments and exercises addressed and, to the degree 
     feasible, quantified for each military installation and what 
     information gaps, if any, persist following the assessments 
     and exercises.
       ``(D) An explanation of how the Secretary concerned will 
     address any persistent information gaps identified under 
     subparagraph (C).
       ``(E) An explanation of how the assessments under 
     subsection (b) informed or will inform military installation 
     resilience projects under section 2815 of this title or any 
     other provisions of this title or resilience-related projects 
     under section 210 of title 23.
       ``(F) A plan for using available authorities to mitigate 
     vulnerabilities to military infrastructure and community 
     infrastructure, including through actions under section 2391 
     of this title.
       ``(e) Definitions.--In this section:
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Armed Services and the Subcommittee 
     on Defense of the Committee on Appropriations of the Senate; 
     and
       ``(B) the Committee on Armed Services and the Subcommittee 
     on Defense of the Committee on Appropriations of the House of 
     Representatives.
       ``(2) The terms `community infrastructure' and `military 
     installation' have the meanings given those terms in section 
     2391(e) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2816 the following new item:

``2817. Defense community vulnerability assessments and exercises.''.

     SEC. 2869. ENHANCEMENT OF RESILIENCE OF DEFENSE COMMUNITY 
                   INFRASTRUCTURE.

       Section 2391 of title 10, United States Code, is amended--
       (1) in subsection (b)(5)(D)--
       (A) by striking ``The Secretary of Defense'' and inserting 
     ``(i) The Secretary of Defense''; and
       (B) by adding at the end of the following new clauses:
       ``(ii) In the case of funds provided under clause (i) for 
     projects involving the preservation or restoration of natural 
     features for the purpose of maintaining or enhancing military 
     installation resilience--
       ``(I) such funds--
       ``(aa) may be provided in a lump sum and include an amount 
     intended to cover the future costs of the natural resource 
     maintenance and improvement activities required for the 
     preservation or restoration of such natural features; and
       ``(bb) may be placed by the recipient in an interest-
     bearing or other investment account; and
       ``(II) any interest or income shall be applied for the same 
     purposes as the principal.
       ``(iii) Amounts appropriated or otherwise made available 
     for assistance under this subparagraph shall remain available 
     until expended.'';
       (2) in subsection (d)(1)(A) by inserting ``to plan for and 
     implement actions'' after ``to assist State and local 
     governments''; and
       (3) in subsection (e)(4)(B), by adding at the end the 
     following new clause:
       ``(iv) A disaster mitigation or risk reduction project.''.

[[Page S5768]]

  

                                 ______
                                 
  SA 6248. Ms. KLOBUCHAR (for herself 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 end of subtitle B of title VII, add the following:

     SEC. 730. STUDY ON COLORECTAL CANCER SCREENINGS FOR MEMBERS 
                   OF THE ARMED FORCES EXPOSED TO OPEN BURN PITS.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the feasibility and advisability of providing 
     colorectal cancer screenings to covered members of the Armed 
     Forces.
       (b) Conduct of Study.--
       (1) Selection.--In conducting the study under subsection 
     (a), the Secretary shall--
       (A) select a group of covered members of the Armed Forces 
     and offer those members colorectal cancer screenings, 
     including colonoscopies, fecal occult blood tests, cologuard, 
     and fecal immunochemical tests; and
       (B) select a control sample of covered members of the Armed 
     Forces to be provided screenings under the laws administered 
     by the Secretary other than under this section.
       (2) Participation.--The Secretary shall permit covered 
     members of the Armed Forces to elect to participate in the 
     study under subsection (a) and shall cap the number of 
     participants once the Secretary determines there is an 
     appropriate sample size for purposes of the study.
       (c) Report.--Not later than five years after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the study conducted under 
     subsection (a).
       (d) Definitions.--In this section:
       (1) Covered member of the armed forces.--The term ``covered 
     member of the Armed Forces'' means a member of the Armed 
     Forces under the age of 45 who was exposed to an open burn 
     pit not later than the date that is five years before the 
     date of the enactment of this Act.
       (2) Open burn pit.--The term ``open burn pit'' has the 
     meaning given that term in section 201(c) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012 
     (Public Law 112-260; 38 U.S.C. 527 note).
                                 ______
                                 
  SA 6249. Mr. SCHATZ (for himself, Ms. Hirono, 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 in title X, insert the following:

     SEC. ___. RED HILL EPIDEMIOLOGICAL HEALTH OUTCOMES STUDY.

       (a) In General.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Defense, the 
     Secretary of Veterans Affairs, and such State and local 
     health authorities or other partners as the Secretary of 
     Health and Human Services considers appropriate, shall 
     conduct an epidemiological study or studies for a period of 
     not less than 20 years to assess health outcomes for impacted 
     individuals of the Red Hill Incident.
       (b) Additional Contracts.--The Secretary of Health and 
     Human Services may contract with independent research 
     institutes or consultants, nonprofit or public entities, 
     laboratories, or medical schools, as the Secretary considers 
     appropriate, that are not part of the Federal Government to 
     assist with the feasibility assessment required by subsection 
     (d) and the study or studies under subsection (a).
       (c) Funding.--Without regard to section 2215 of title 10, 
     United States Code, the Secretary of the Defense is 
     authorized to provide, from amounts made available to such 
     Secretary, no less than $4,000,000 for fiscal year 2023 for 
     the Secretary of Health and Human Services to carry out the 
     assessment under subsection (d), and such sums as may be 
     necessary to complete the study or studies under subsection 
     (a).
       (d) Feasability Assessment.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall submit to the appropriate 
     congressional committees the results of a feasibility 
     assessment to inform the design of the epidemiological study 
     or studies to assess health outcomes for impacted individuals 
     and a plan for such study or studies under subsection (a), 
     which shall include--
       (1) a strategy to recruit impacted individuals to 
     participate in the study or studies, including incentives for 
     participation;
       (2) a description of protocols and methodology to be used 
     in the study or studies, including data management to secure 
     the privacy and security of the personal information of 
     impacted individuals; and
       (3) the periodicity for data collection that takes into 
     account the differences between health care practices among 
     impacted individuals who are--
       (A) members of the Armed Forces on active duty or spouses 
     or dependents of such members;
       (B) members of the Armed Forces separating from active duty 
     or spouses or dependents of such members;
       (C) veterans and other individuals with access to health 
     care from the Department of Veterans Affairs; and
       (D) individuals without access to health care from the 
     Department of Defense or the Department of Veterans Affairs;
       (4) a description of methodologies to analyze data received 
     from the study or studies to determine possible connections 
     between exposure to water contaminated during the Red Hill 
     Incident and adverse impacts to the health of impacted 
     individuals;
       (5) an identification of criteria to evaluate the 
     advisability of enlarging the study or studies to include 
     potentially impacted individuals; and
       (6) steps that will be taken to provide study participants 
     with information on available resources and services.
       (e) Potentially Impacted Individuals.--
       (1) In general.--The Secretary of Health and Human Services 
     may enlarge the scope of the study or studies under 
     subsection (a) to include potentially impacted individuals 
     based on--
       (A) the request of a potentially impacted individual, as 
     applicable;
       (B) the recommendation of the Secretary of Defense, the 
     Secretary of Veterans Affairs, or any contracted party under 
     subsection (b);
       (C) the criteria identified in subsection (d)(5); or
       (D) other exigent circumstances.
       (2) Treatment of potentially impacted individuals.--If, 
     under paragraph (1), the Secretary enlarges the scope of the 
     study or studies under subsection (a), potentially impacted 
     individuals shall be treated as impacted individuals for 
     purposes of this section.
       (f) Notifications; Briefings.--
       (1) In general.--Not later than one year after the 
     completion of the feasibility assessment under subsection 
     (d), and annually thereafter, the Secretary of Health and 
     Human Services shall--
       (A) brief the appropriate congressional committees on the 
     interim findings of the study or studies; and
       (B) notify impacted individuals on the interim findings of 
     the study or studies.
       (2) Final notification.--Upon completion of the study or 
     studies under subsection (a), the Secretary of Health and 
     Human Services shall notify the appropriate congressional 
     committees and all impacted individuals of the completion of 
     the study or studies and the publication of the final report 
     under subsection (g)(2).
       (g) Reports.--
       (1) Annual reports.--Not later than one year after the date 
     of the commencement of the study or studies under subsection 
     (a), and annually thereafter, the Secretary of Health and 
     Human Services shall publish on the website of the Department 
     of Health and Human Services a report on the interim findings 
     of the study or studies.
       (2) Final report.--Upon completion of the study or studies 
     under subsection (a), the Secretary of Health and Human 
     Services--
       (A) shall publish on a publicly available internet website 
     of the Department of Health and Human Services a report on 
     the findings of the study or studies; and
       (B) may publish such report in a scientific publication.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (B) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate;
       (C) the Committee on Veterans' Affairs of the Senate;
       (D) the Committee on Energy and Commerce of the House of 
     Representatives;
       (E) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (2) Impacted individual.--The term ``impacted individual'' 
     means an individual who, at the time of the Red Hill 
     Incident, lived or worked in a building or residence served 
     by the community water system at Joint Base Pearl Harbor-
     Hickam, Oahu, Hawaii.
       (3) Potentially impacted individual.--The term 
     ``potentially impacted individual'' means an individual who, 
     after the Red Hill Incident, lived or worked in a building or 
     residence served by the community water system at Joint Base 
     Pearl Harbor-Hickam, Oahu, Hawaii.
       (4) Red hill incident.--The term ``Red Hill Incident'' 
     means the release of fuel from the Red Hill Bulk Fuel Storage 
     Facility, Oahu,

[[Page S5769]]

     Hawaii, into the sole-source basal aquifer located 100 feet 
     below the facility, contaminating the community water system 
     at Joint Base Pearl Harbor-Hickam on November 20, 2021.
                                 ______
                                 
  SA 6250. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. MEDICAID FMAP FOR URBAN INDIAN HEALTH ORGANIZATIONS 
                   AND NATIVE HAWAIIAN HEALTH ORGANIZATIONS.

       Section 1905(b) of the Social Security Act (42 U.S.C. 
     1396d(b)) is amended in the third sentence--
       (1) by striking ``for the 8 fiscal year quarters beginning 
     with the first fiscal year quarter beginning after the date 
     of the enactment of the American Rescue Plan Act of 2021,''; 
     and
       (2) by striking ``for such 8 fiscal year quarters,''.
                                 ______
                                 
  SA 6251. 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. PAY FOR DEPARTMENT OF DEFENSE AND COAST GUARD CHILD 
                   CARE PROVIDERS: STUDIES; ADJUSTMENT.

       (a) Department of Defense Child Care Employee Compensation 
     Review.--
       (1) Review required.--The Secretary of Defense shall, for 
     each geographic area in which the Secretary of a military 
     department operates a military child development center, 
     conduct a study--
       (A) comparing the total compensation, including all pay and 
     benefits, of child care employees of each military child 
     development center in the geographic area to the total 
     compensation of similarly credentialed employees of public 
     elementary schools in such geographic area; and
       (B) estimating the difference in average pay and the 
     difference in average benefits between such child care 
     employees and such employees of public elementary schools.
       (2) Schedule.--The Secretary of Defense shall complete the 
     studies required under paragraph (1)--
       (A) for the geographic areas containing the military 
     installations with the 25 longest wait lists for child care 
     services at military child development centers, not later 
     than one year after the date of the enactment of this Act; 
     and
       (B) for geographic areas other than geographic areas 
     described in subparagraph (A), not later than two years after 
     the date of the enactment of this Act.
       (3) Reports.--
       (A) Interim report.--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 and the Coast 
     Guard committees a report summarizing the results of the 
     studies required under paragraph (1) that have been completed 
     as of the date of the submission of such report.
       (B) Final report.--Not later than 120 days after the 
     completion of all the studies required under paragraph (1), 
     the Secretary shall submit to the congressional defense 
     committees and the Coast Guard committees a report 
     summarizing the results of such studies.
       (b) Coast Guard Child Development Center Employee 
     Compensation Review.--
       (1) Review required.--The Secretary of Homeland Security 
     shall, for each geographic area in which the Secretary 
     operates a Coast Guard child development center, conduct a 
     study--
       (A) comparing the total compensation (including all pay and 
     benefits) of child development center employees of each Coast 
     Guard child development center in such geographic area, to 
     the total compensation of similarly credentialed employees of 
     public elementary schools in such geographic area; and
       (B) estimating the difference in average pay and the 
     difference in average benefits between such child development 
     center employees and such employees of public elementary 
     schools.
       (2) Schedule.--The Secretary of Homeland Security shall 
     complete the studies required under paragraph (1)--
       (A) for the geographic areas containing the Coast Guard 
     installations with the 10 longest wait lists for child 
     development services at Coast Guard child development 
     centers, not later than one year after the date of the 
     enactment of this Act; and
       (B) for geographic areas other than geographic areas 
     described in subparagraph (A), not later than two years after 
     the date of the enactment of this Act.
       (3) Reports.--
       (A) Interim report.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall submit to the Coast Guard committees and the 
     congressional defense committees a report summarizing the 
     results of the respective studies required under paragraph 
     (1) that the Secretary has completed as of the date of the 
     submission of such report.
       (B) Final report.--Not later than 120 days after the 
     completion of all respective studies required under paragraph 
     (1), the Secretary of Homeland Security shall submit to the 
     Coast Guard committees and the congressional defense 
     committees a report summarizing the results of such studies.
       (c) Compensation Adjustment.--
       (1) In general.--
       (A) Department of defense.--Not later than 90 days after 
     the date on which the Secretary of Defense completes the 
     study for a geographic area under subsection (a), the 
     Secretary of each military department that operates a 
     military child development center in such geographic area 
     shall ensure that the dollar value of the total compensation, 
     including the pay and benefits, of child care employees is 
     not less than the average dollar value of the total 
     compensation of similarly credentialed employees of public 
     elementary schools in such geographic area.
       (B) Coast guard.--Not later than 90 days after the date on 
     which the Secretary of Homeland Security completes the study 
     for a geographic area under subsection (b), the Commandant of 
     the Coast Guard shall ensure that the dollar value of the 
     total compensation, including the pay and benefits, of child 
     development center employees in such geographic area is not 
     less than the average dollar value of the total compensation 
     of similarly credentialed employees of public elementary 
     schools in such geographic area.
       (2) Adjustment limit.--No child care employee or child 
     development center employee may have his or her pay or 
     benefits decreased pursuant to paragraph (1).
       (3) Reports.--
       (A) Department of defense.--Not later than one year after 
     the date of the enactment of this Act, and annually 
     thereafter for five years, each Secretary of a military 
     department shall submit to the congressional defense 
     committees and the Coast Guard committees a report detailing 
     the effects of changes in the total compensation under this 
     subsection, including the effects on the hiring and retention 
     of child care employees and on the number of children for 
     which military child development centers provide child care 
     services.
       (B) Coast guard.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the Commandant of the Coast Guard shall submit to the 
     Coast Guard committees and the congressional defense 
     committees a report detailing the effects of changes in the 
     total compensation under this subsection, including the 
     effects on the hiring and retention of child development 
     center employees and on the number of children for which 
     Coast Guard child development centers provide child 
     development services.
       (d) Definitions.--In this section:
       (1) The term ``benefits'' includes--
       (A) retirement benefits;
       (B) any insurance premiums paid by an employer;
       (C) education benefits, including tuition reimbursement and 
     student loan repayment; and
       (D) any other compensation an employer provides to an 
     employee for service performed as an employee (other than 
     pay), as determined appropriate by the Secretary of Defense 
     or Secretary of Homeland Security, as applicable.
       (2) The terms ``child care employee'' and ``military child 
     development center'' have the meanings given such terms in 
     section 1800 of title 10, United States Code.
       (3) The terms ``child development center employee'' and 
     ``Coast Guard child development center'' have the meanings 
     given such terms in section 2921 of title 14, United States 
     Code.
       (4) The term ``Coast Guard committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (C) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       (5) The term ``elementary school'' means a day or 
     residential school which provides elementary education, as 
     determined under State law.
       (6) The term ``pay'' includes the basic rate of pay of an 
     employee and any additional payments an employer pays to an 
     employee for service performed as an employee.
                                 ______
                                 
  SA 6252. 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

[[Page S5770]]

for fiscal year 2023 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel 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. CHINA NUCLEAR PEER COMMISSION.

       (a) Short Title.--This section may be cited as the ``China 
     Nuclear Peer Commission Act of 2022''.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, and the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (c) Establishment.--There is established in the legislative 
     branch an independent commission to be known as the China 
     Nuclear Peer Commission (in this section referred to as the 
     ``Commission'').
       (d) Purpose.--The purpose of the Commission is to examine 
     and make recommendations with respect to the proper United 
     States diplomatic and military response to the rapid 
     modernization, diversification, and expansion of the nuclear 
     forces of the People's Republic of China.
       (e) Membership.--
       (1) Composition.--The Commission shall be composed of 16 
     members, of whom--
       (A) one shall be appointed by the chairperson of the 
     Committee on Foreign Relations of the Senate;
       (B) one shall be appointed by the ranking member of the 
     Committee on Foreign Relations of the Senate;
       (C) one shall be appointed by the chairperson of the 
     Committee on Foreign Affairs of the House of Representatives;
       (D) one shall be appointed by the ranking member of the 
     Committee on Foreign Affairs of the House of Representatives;
       (E) one shall be appointed by the chairperson of the 
     Committee on Armed Services of the Senate;
       (F) one shall be appointed by the ranking member of the 
     Committee on Armed Services of the Senate;
       (G) one shall be appointed by the chairperson of the 
     Committee on Armed Services of the House of Representatives;
       (H) one shall be appointed by the ranking member of the 
     Committee on Armed Services of the House of Representatives;
       (I) one shall be appointed by the chairperson of the Select 
     Committee on Intelligence of the Senate;
       (J) one shall be appointed by the vice chairperson of the 
     Select Committee on Intelligence of the Senate;
       (K) one shall be appointed by the chairperson of the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives;
       (L) one shall be appointed by the ranking member of the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives;
       (M) one shall be appointed by the majority leader of the 
     Senate;
       (N) one shall be appointed by the Speaker of the House of 
     Representatives; and
       (O) one shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Qualifications.--It is the sense of Congress that each 
     member of the Commission should--
       (A) have significant professional experience in national 
     security and nuclear policy, such as a position in--
       (i) the Department of Defense;
       (ii) the Department of State;
       (iii) the intelligence community;
       (iv) National Nuclear Security Administration; or
       (v) an academic or scholarly institution; and
       (B) be eligible to receive the appropriate security 
     clearance to effectively execute their duties.
       (3) Prohibitions.--A member of the Commission may not be--
       (A) a current Member of Congress;
       (B) a former Member of Congress who served in Congress 
     after January 3, 2013; or
       (C) a current or former registrant under the Foreign Agents 
     Registration Act of 1938 (22 U.S.C. 611 et seq.).
       (4) Appointment.--
       (A) In general.--The appointments of the members of the 
     Commission shall be made not later than 60 days after the 
     date of the enactment of this Act.
       (B) Failure to make appointment.--If an appointment under 
     paragraph (1) is not made by the date described in 
     subparagraph (A)--
       (i) the authority to make such appointment shall expire; 
     and
       (ii) the number of members of the Commission shall be 
     reduced by the number equal to the number of appointments not 
     made.
       (5) Period of appointment; vacancies.--
       (A) In general.--A member of the Commission shall be 
     appointed for the life of the Commission.
       (B) Vacancies.--A vacancy in the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (6) Co-chairpersons.--The co-chairpersons of the Commission 
     shall be selected by the leadership of the Senate and the 
     House of Representatives as follows:
       (A) One co-chairperson shall be selected by the majority 
     leader of the Senate and the Speaker of the House of 
     Representatives from the members of the Commission appointed 
     by chairpersons of the appropriate committees of Congress, 
     the majority leader of the Senate, and the Speaker of the 
     House of Representatives.
       (B) One co-chairperson shall be selected by the minority 
     leader of the Senate and the minority leader of the House of 
     Representatives from the members of the Commission appointed 
     by the ranking members of the appropriate committees of 
     Congress, the minority leader of the Senate, and the minority 
     leader of the House of Representatives.
       (7) Meetings.--
       (A) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (B) Frequency.--The Commission shall meet at the call of 
     the co-chairpersons.
       (C) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum but a lesser number of members may 
     hold hearings.
       (f) Duties.--To provide the fullest understanding of the 
     proper United States diplomatic and military response to the 
     rapid modernization, diversification, and expansion of the 
     nuclear forces of the People's Republic of China, the duties 
     of the Commission shall be the following:
       (1) To review national intelligence on current and 
     projected nuclear forces of the People's Republic of China, 
     including a review of--
       (A) the most recent information and intelligence on efforts 
     by the People's Republic of China to modernize and expand its 
     nuclear forces; and
       (B) any intelligence community assessment of the strategic 
     and tactical objectives behind the nuclear build-up by the 
     People's Republic of China.
       (2) To meet with relevant United States Government 
     stakeholders to assess the efficacy of current United States 
     efforts to support the military and diplomatic responses of 
     allied and partner countries to the People's Republic of 
     China's expansion its nuclear forces, which stakeholders 
     shall include officials from--
       (A) the Department of Defense;
       (B) the Department of State;
       (C) the Department of Energy;
       (D) the Department of the Treasury;
       (E) the intelligence agencies; and
       (F) Congress.
       (3) To meet with relevant allied and partner countries to 
     determine the manner in which the expansion by the People's 
     Republic of China of its nuclear forces impacts the military 
     force posture, diplomatic engagement, and national security 
     strategy of such countries.
       (4) To meet with relevant experts associated with academic 
     or scholarly institutions.
       (5) To conduct a comprehensive assessment, informed by the 
     review conducted under paragraph (1) and the meetings 
     conducted under paragraph (4), of--
       (A) the strategic implications of the nuclear build-up by 
     the People's Republic of China, including threats to the 
     national security of the United States and to allies and 
     partners of the United States; and
       (B) the motivations and domestic drivers for such nuclear 
     build-up; and
       (C) the current and future posture, structure, and 
     capabilities of allied and partner countries with respect to 
     the ability of such countries to deter and, if necessary, to 
     respond to nuclear force by the People's Republic of China so 
     as to better inform recommendations on nuclear strategy and 
     arms control policy for the United States.
       (g) Cooperation With Executive Branch.--
       (1) Cooperation.--In carrying out its duties, the 
     Commission shall receive the full and timely cooperation of 
     the Secretary of State, the Secretary of Defense, the 
     Secretary of Energy, the Director of National Intelligence, 
     and any other United States Government official in providing 
     the Commission with analyses, briefings, and other 
     information necessary for the fulfillment of the 
     responsibilities of the Commission
       (2) Liaison.--The Secretary of Defense, the Secretary of 
     Energy, the Secretary of State, and the Director of National 
     Intelligence shall each designate not fewer than one officer 
     or employee of the Department of Defense, the Department of 
     Energy, the Department of State, and the intelligence 
     community, respectively, to serve as a liaison officer 
     between the department or the intelligence community, as 
     applicable, and the Commission.
       (h) Commission Report and Recommendations.--
       (1) Report.--
       (A) In general.--Not later than one year after the date of 
     the on which the Commission is established, the Commission 
     shall submit to the appropriate committees of Congress a 
     report containing the review and assessment conducted under 
     subsection (f),

[[Page S5771]]

     together with any recommendations of the Commission.
       (B) Elements.--The report required by subparagraph (A) 
     shall include the following:
       (i) An evaluation of the impact of the People's Republic of 
     China's nuclear build-up on relevant allied and partner 
     country military force posture, diplomatic strategy, and 
     perceptions of United States deterrence.
       (ii) An evaluation of the strategic objectives of the 
     United States Government for nuclear competition with near-
     peer nuclear competitors in support of United States national 
     security interests.
       (iii) An analysis of potential negotiations with the 
     objective of entering into bilateral or multilateral arms 
     control agreements that are legally binding or political 
     commitments, with the People's Republic of China, the Russian 
     Federation, or with both the People's Republic of China and 
     the Russian Federation, that would support United States 
     strategic objectives.
       (iv) An analysis of the domestic drivers and motivations 
     for the People's Republic of China's nuclear force 
     modernization and the ways in which a more robust force 
     structure may impact the foreign policy of the People's 
     Republic of China.
       (v) An analysis of anticipated responses by the Russian 
     Federation to the People's Republic of China's nuclear build-
     up, particularly as such responses relate to the bilateral 
     relationship between the Russian Federation and the People's 
     Republic of China, military force posture of the Russian 
     Federation in the Indo-Pacific region, and arms control 
     negotiations with the United States.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted to the appropriate committees of Congress in 
     unclassified form, but may include a classified annex.
       (3) Public availability.--The unclassified portion of the 
     report submitted under paragraph (1) shall be made available 
     to the public on an internet website of the Government.
       (i) Powers of Commission.--
       (1) Hearings.--The Commission may hold such hearings, take 
     such testimony, and receive such evidence as the Commission 
     considers necessary to carry out its purpose and functions 
     under this section.
       (2) Assistance from federal agencies.--
       (A) Information.--
       (i) In general.--The Commission may secure directly from a 
     Federal department or agency such information as the 
     Commission considers necessary to carry out this section.
       (ii) Furnishing information.--Upon receipt of a written 
     request by the co-chairpersons of the Commission, the head of 
     the department or agency shall expeditiously furnish the 
     information to the Commission.
       (B) Space for commission.--
       (i) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Architect of the Capitol, in 
     consultation with the Commission, shall identify suitable 
     space to house the operations of the Commission, which shall 
     include--

       (I) a dedicated sensitive compartmented information 
     facility or access to a sensitive compartmented information 
     facility; and
       (II) the ability to store classified documents.

       (ii) Authority to lease.--If the Architect of the Capitol 
     is not able to identify space in accordance with clause (i) 
     within the 30-day period specified in that clause, the 
     Commission may lease space to the extent that funds are 
     available for such purpose.
       (C) Compliance by intelligence community.--Elements of the 
     intelligence community shall respond to requests submitted 
     pursuant to paragraphs (1) and (2) of subsection (f) in a 
     manner consistent with the protection of intelligence sources 
     and methods.
       (3) Postal services.--The Commission may use the United 
     States Postal Service in the same manner and under the same 
     conditions as other departments and agencies of the Federal 
     Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services, goods, and property from non-
     Federal entities for the purposes of aiding and facilitating 
     the work of the Commission. The authority in this subsection 
     does not extend to gifts of money. Gifts accepted under this 
     authority shall be documented and conflicts of interest or 
     the appearance of conflicts of interest shall be avoided. 
     Subject to the authority in this section, commissioners shall 
     otherwise comply with rules set forth by the Select Committee 
     on Ethics of the Senate.
       (5) Ethics.--
       (A) In general.--The members and employees of the 
     Commission shall be subject to the ethical rules and 
     guidelines of the Senate.
       (B) Reporting.--For purposes of title I of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.), each member and 
     employee of the Commission--
       (i) shall be deemed to be an officer or employee of the 
     Congress (as defined in section 109(13) of such title); and
       (ii) shall file any report required to be filed by such 
     member or such employee (including by virtue of the 
     application of subsection (h)(1)) under title I of the Ethics 
     in Government Act of 1978 (5 U.S.C. App.), with the Secretary 
     of the Senate.
       (j) Commission Personnel Matters.--
       (1) Compensation of members.--A member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Staff.--
       (A) Status as federal employees.--Notwithstanding the 
     requirements of section 2105 of title 5, United States Code, 
     including the required supervision under subsection (a)(3) of 
     such section, the members of the commission shall be deemed 
     to be Federal employees.
       (B) Executive director.--The co-chairpersons of the 
     Commission shall appoint and fix the rate of basic pay for an 
     Executive Director in accordance with section 3161(d) of 
     title 5, United States Code.
       (C) Pay.--The Executive Director, with the approval of the 
     co-chairpersons of the Commission, may appoint and fix the 
     rate of basic pay for additional personnel as staff of the 
     Commission in accordance with section 3161(d) of title 5, 
     United States Code.
       (D) Security clearances.--All staff must have or be 
     eligible to receive the appropriate security clearance to 
     conduct their duties.
       (4) Detail of government employees.--A Federal Government 
     employee, with the appropriate security clearance to conduct 
     their duties, may be detailed to the Commission without 
     reimbursement and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The co-chairpersons of the Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (6) Pay.--The pay of each employee of the Commission and 
     any member of the Commission who receives pay in accordance 
     with paragraph (1) shall be disbursed by the Secretary of the 
     Senate.
       (k) Funding.--Of the amounts appropriated or otherwise made 
     available pursuant to this Act to the Department of State, 
     $7,000,000 shall be made available to fund the activities of 
     the Commission.
       (l) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits the report required under subsection (h)(1).
                                 ______
                                 
  SA 6253. Mr. DURBIN (for himself, Mr. Rounds, Mr. Blumenthal, Ms. 
Klobuchar, Mr. Padilla, Mr. Wyden, Mr. Murphy, Mr. Brown, Ms. Hirono, 
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 appropriate place, insert the following:

     SEC. __. LAWFUL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ADVANCED STEM DEGREE HOLDERS.

       (a) Aliens Not Subject to Direct Numerical Limitations.--
     Section 201(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(1)) is amended by adding at the end the 
     following:
       ``(F)(i) Aliens who--
       ``(I) have earned a degree in a STEM field at the master's 
     level or higher while physically present in the United States 
     from a United States institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) accredited by an accrediting entity 
     recognized by the Department of Education;
       ``(II) have an offer of employment from, or are employed 
     by, a United States employer in a field related to such 
     degree at a rate of pay that is higher than the median wage 
     level for the occupational classification in the area of 
     employment, as determined by the Secretary of Labor; and
       ``(III) are admissible pursuant to an approved labor 
     certification under section 212(a)(5)(A)(i).
       ``(ii) In this subparagraph, the term `STEM field' means a 
     field of science, technology, engineering, or mathematics 
     described in the most recent version of the Classification of 
     Instructional Programs of the Department of Education 
     taxonomy under the summary group of--
       ``(I) computer and information sciences and support 
     services;
       ``(II) engineering;
       ``(III) mathematics and statistics;
       ``(IV) biological and biomedical sciences;
       ``(V) physical sciences;
       ``(VI) agriculture sciences; or
       ``(VII) natural resources and conservation sciences.''.

[[Page S5772]]

       (b) Procedure for Granting Immigration Status.--Section 
     204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(F)) is amended--
       (1) by striking ``203(b)(2)'' and all that follows through 
     ``Attorney General''; and
       (2) by inserting ``203(b)(2), 203(b)(3), or 201(b)(1)(F) 
     may file a petition with the Secretary of Homeland 
     Security''.
       (c) Dual Intent for F Nonimmigrants Seeking Advanced STEM 
     Degrees at United States Institutions of Higher Education.--
     Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i), 
     1184(b)), an alien who is a bona fide student admitted to a 
     program in a STEM field (as defined in subparagraph (F)(ii) 
     of section 201(b)(1) of the Immigration and Nationality Act 
     (8 U.S.C. 1151(b)(1))) for a degree at the master's level or 
     higher at a United States institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) accredited by an accrediting entity 
     recognized by the Department of Education may obtain a 
     student visa or extend or change nonimmigrant status to 
     pursue such degree even if such alien intends to seek lawful 
     permanent resident status in the United States.
                                 ______
                                 
  SA 6254. 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. __. DATA COLLECTION.

       (a) Collection of Data on Brain Injuries Related to 
     Domestic and Sexual Violence.--
       (1) In general.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     collect data on the prevalence of brain injuries resulting 
     from domestic or sexual violence in order to assist the 
     Department in understanding, addressing, and allocating 
     resources to prevent, reduce, and treat such injuries, the 
     impacts of such injuries, and the causes of such injuries.
       (2) Collection.--In carrying out paragraph (1), the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall, through existing 
     surveys on domestic or sexual violence, collect data on the 
     prevalence and circumstances surrounding brain injuries due 
     to domestic or sexual violence. The Secretary shall allow for 
     data collection for not fewer than 2 years.
       (3) Privacy.--Data shall be collected, stored, and analyzed 
     under this section in a manner that protects individual 
     privacy and confidentiality.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to relevant 
     congressional committees, and post on the website of the 
     Department of Health and Human Services, a report that shall 
     contain--
       (1) an analysis of the data collected under subsection (a) 
     relating to the connection between domestic and sexual 
     violence and brain injuries; and
       (2) a description of the steps that the Department of 
     Health and Human Services is taking to increase awareness, 
     increase services, decrease prevalence, and otherwise respond 
     to the public health issue of brain injury that results from 
     domestic and sexual violence.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $2,000,000 for 
     each of fiscal years 2023 through 2026.
       (d) Definition.--In this section, the term ``brain injury'' 
     means an injury that impacts the function of the brain as a 
     result of trauma, choking, or strangulation due to domestic 
     or sexual violence.
                                 ______
                                 
  SA 6255. Ms. CORTEZ MASTO (for herself 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, add the following:

DIVISION E--FALLON RANGE TRAINING COMPLEX AND CHURCHILL COUNTY ECONOMIC 
                      DEVELOPMENT AND CONSERVATION

                 TITLE L--FALLON RANGE TRAINING COMPLEX

     SEC. 5001. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING 
                   COMPLEX.

        The Military Land Withdrawals Act of 2013 (Public Law 113-
     66; 127 Stat. 1025) is amended by adding at the end the 
     following:

          ``Subtitle G--Fallon Range Training Complex, Nevada

     ``SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.

       ``(a) Withdrawal.--
       ``(1) Bombing ranges.--Subject to valid rights in existence 
     on the date of enactment of this subtitle, and except as 
     otherwise provided in this subtitle, the land established as 
     the B-16, B-17, B-19, and B-20 Ranges, as referred to in 
     subsection (b), and all other areas within the boundary of 
     such land as depicted on the map entitled `Churchill County 
     Proposed Fallon Range Training Complex Modernization and 
     Lands Bill' and dated September 30, 2022, which may become 
     subject to the operation of the public land laws, are 
     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.
       ``(2) Dixie valley training area.--The land and interests 
     in land within the boundaries established at the Dixie Valley 
     Training Area, as referred to in subsection (b), are 
     withdrawn from all forms of--
       ``(A) entry, appropriation, or disposal under the public 
     land laws; and
       ``(B) location, entry, and patent under the mining laws.
       ``(b) Description of Land.--The public land and interests 
     in land withdrawn and reserved by this section comprise 
     approximately [790,825] acres of land in Churchill County, 
     Lyon County, Mineral County, Pershing County, and Nye County, 
     Nevada, as generally depicted as `Proposed Withdrawal Land' 
     and `Existing Withdrawals' on the map entitled `Churchill 
     County Proposed Fallon Range Training Complex Modernization 
     and Lands Bill', dated September 30, 2022, and filed in 
     accordance with section 2912. The ranges in the Fallon Range 
     Training Complex described in this subsection are identified 
     as B-16, B-17, B-19, B-20, Dixie Valley Training Area and the 
     Shoal Site.
       ``(c) Purpose of Withdrawal and Reservation.--
       ``(1) Bombing ranges.--The land withdrawn by subsection 
     (a)(1) is reserved for use by the Secretary of the Navy for--
       ``(A) aerial testing and training, bombing, missile firing, 
     electronic warfare, tactical combat maneuvering, and air 
     support;
       ``(B) ground combat tactical maneuvering and firing; and
       ``(C) other defense-related purposes that are--
       ``(i) consistent with the purposes specified in the 
     preceding paragraphs; and
       ``(ii) authorized under section 2914.
       ``(2) Dixie valley training area.--The land withdrawn by 
     subsection (a)(2) is reserved for use by the Secretary of the 
     Navy for--
       ``(A) aerial testing and training, electronic warfare, 
     tactical combat maneuvering, and air support; and
       ``(B) ground combat tactical maneuvering.
       ``(3) Inapplicability of general provisions.--
     Notwithstanding section 2911(a), sections 2913 and 2914 shall 
     not apply to the land withdrawn by subsection (a)(2).

     ``SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.

       ``(a) Management by the Secretary of the Navy.--During the 
     duration of the withdrawal under section 2981, the Secretary 
     of the Navy shall manage the land withdrawn and reserved 
     comprising the B-16, B-17, B-19, and B-20 Ranges for the 
     purposes described in section 2981(c)--
       ``(1) in accordance with--
       ``(A) an integrated natural resources management plan 
     prepared and implemented under title I of the Sikes Act (16 
     U.S.C. 670a et seq.) and an integrated cultural resources 
     management plan;
       ``(B) a written agreement between the Secretary of the Navy 
     and the Governor of Nevada that provides for a minimum of 15 
     days annually for big game hunting on portions of the B-17 
     Range consistent with military training requirements;
       ``(C) a programmatic agreement between the Secretary of the 
     Navy and the Nevada State Historic Preservation Officer and 
     other parties as appropriate regarding management of historic 
     properties as the properties relate to operation, 
     maintenance, training, and construction at the Fallon Range 
     Training Complex;
       ``(D) written agreements between the Secretary of the Navy 
     and interested Indian tribes and other stakeholders to 
     accommodate access by Indian tribes and State and local 
     governments to the B-16, B-17, B-19, and B-20 Ranges 
     consistent with military training requirements and public 
     safety, including all roads on the map entitled `Churchill 
     County Proposed Fallon Range Training Complex Modernization 
     and Lands Bill' and dated September 30, 2022, shown as an 
     existing minor county road are available for managed access;
       ``(E) a mutually agreeable memorandum of understanding 
     entered into by the Secretary of the Navy and the affected 
     Indian tribes that provides for regular, guaranteed access, 
     consisting of a minimum of 4 days per month, for affected 
     Indian tribes; and
       ``(F) any other applicable law; and
       ``(2) in a manner that--

[[Page S5773]]

       ``(A) provides that any portion of the land withdrawn under 
     section 2981(a) that is located outside of the Weapons Danger 
     Zone, as determined by the Secretary of the Navy, shall be 
     relinquished to the Secretary of the Interior and managed 
     under all applicable public land laws;
       ``(B) ensures that the Secretary of the Navy avoids target 
     placement and training within biologically sensitive areas as 
     mapped in Appendix D of the Final Environmental Impact 
     Statement;
       ``(C) ensures that access is provided for special events, 
     administrative, cultural, educational, wildlife management, 
     and emergency management purposes; and
       ``(D) provides that within the B-17 Range the delivery of 
     air to ground ordinance shall be prohibited throughout the 
     entirety of the withdrawal in the areas identified as the 
     `Monte Cristo Range Protection Area' on the map entitled 
     `Churchill County Proposed Fallon Range Training Complex 
     Modernization and Lands Bill' and dated September 30, 2022.
       ``(b) Management by the Secretary of the Interior.--
       ``(1) In general.--During the duration of the withdrawal 
     under section 2981, the Secretary of the Interior shall 
     manage the land withdrawn and reserved comprising the Dixie 
     Valley Training Area and the Shoal Site for the applicable 
     purposes described in section 2981(c) in accordance with--
       ``(A) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.);
       ``(B) the Record of Decision for the Fallon Range Training 
     Complex Modernization Final Environmental Impact Statement 
     dated March 12, 2020; and
       ``(C) this subtitle; and
       ``(D) any other applicable law.
       ``(2) Consultation with secretary of the navy.--Prior to 
     authorizing any use of the land comprising the Dixie Valley 
     Training Area or Shoal Site withdrawn and reserved by section 
     2981, the Secretary of the Interior shall consult with the 
     Secretary of the Navy. Such consultation shall include--
       ``(A) informing the Secretary of the Navy of the pending 
     authorization request so that the Secretary of the Navy and 
     the Secretary of the Interior may work together to preserve 
     the training environment; and
       ``(B) prior to authorizing any installation or use of 
     mobile or stationary equipment used to transmit and receive 
     radio signals, obtaining permission from the Secretary of the 
     Navy to authorize the use of such equipment.
       ``(3) Agreement.--The Secretary of the Navy and the 
     Secretary of the Interior shall enter into an agreement 
     describing the roles and responsibilities of each Secretary 
     with respect to the management and use of the Dixie Valley 
     Training Area and Shoal Site to ensure no closure of an 
     existing county road and no restrictions or curtailment on 
     public access for the duration of the withdrawal while 
     preserving the training environment and honoring special 
     rules under this subsection.
       ``(4) Access.--The land comprising the Dixie Valley 
     Training Area withdrawn and reserved by subsection 2981(a)(2) 
     shall remain open for public access for the duration of the 
     withdrawal.
       ``(5) Authorized uses.--The following uses are permitted in 
     the Dixie Valley Training Area for the duration of the 
     withdrawal:
       ``(A) Livestock grazing.
       ``(B) Geothermal exploration and development west of State 
     Route 121, as managed by the Bureau of Land Management in 
     coordination with the Secretary of the Navy.
       ``(C) Exploration and development of salable minerals or 
     other fluid or leasable minerals, as managed by the Bureau of 
     Land Management in coordination with the Secretary of the 
     Navy.
       ``(6) Infrastructure.--The Secretary of the Navy and the 
     Secretary of the Interior shall allow water and utility 
     infrastructure within the Dixie Valley Training Area 
     withdrawn by subsection 2981(a)(2) as described in sections 
     2997(4) and 2997F.
       ``(c) Limitation on Use of Land Prior to Completion of 
     Commitments.--
       ``(1) In general.--The Secretary of the Navy may not make 
     operational use of the expanded area of the B-16, B-17, or B-
     20 Ranges, as depicted on the map entitled `Churchill County 
     Proposed Fallon Range Training Complex Modernization and 
     Lands Bill' and dated September 30, 2022, that were not 
     subject to previous withdrawals comprising the Fallon Range 
     Training Complex which are withdrawn and reserved by section 
     2981 until the Secretary of the Navy and the Secretary of the 
     Interior certify in writing to the Committee on Armed 
     Services and the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Armed Services and the 
     Committee on Natural Resources of the House of 
     Representatives on the completion of the commitments 
     pertaining to each range from the Record of Decision for the 
     Fallon Range Training Complex Modernization Final 
     Environmental Impact Statement dated March 12, 2020, and the 
     provisions of this subtitle. The Secretary may submit reports 
     for individual ranges to allow operational use of a specific 
     range prior to completion of commitments related to other 
     ranges.
       ``(2) Public access.--Public access to the existing Pole 
     Line Road shall be maintained until completion of 
     construction of an alternate route as specified by section 
     2995(a)(2)(B).
       ``(3) Payment.--The Secretary of the Navy shall make a 
     payment to Churchill County, Nevada, not later than 1 year 
     after the date of enactment of this subtitle, of $20,000,000 
     of amounts authorized to be appropriated to the Secretary of 
     the Navy for operation and maintenance, to an account 
     designated by the Churchill County, Nevada, to resolve the 
     loss of public access and multiple use within Churchill 
     County, Nevada.

     ``SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.

       ``The Secretary of the Navy, in the administration of an 
     Operational Range Clearance program, shall ensure that 
     tracked ordnance (bombs, missiles, and rockets) known to have 
     landed outside a target area in the B-17 and B-20 Ranges is 
     removed within 180 days of the event. The Secretary of the 
     Navy shall report to the Fallon Range Training Complex 
     Intergovernmental Executive Committee, not less frequently 
     than annually, instances in which ordnance land outside 
     target areas and the status of efforts to clear such 
     ordnance.

     ``SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.

       ``(a) B-16 and B-20 Ranges.--To the extent the withdrawal 
     and reservation made by section 2981 for the B-16 and B-20 
     Ranges withdraws land currently withdrawn and reserved for 
     use by the Bureau of Reclamation, the reservation made by 
     such section shall be the primary reservation for public 
     safety management actions only, and the existing Bureau of 
     Reclamation reservation shall be the primary reservation for 
     all other management actions. The Secretary of the Navy shall 
     enter into an agreement with the Secretary of the Interior to 
     ensure continued access to the B-16 and B-20 Ranges by the 
     Bureau of Reclamation to conduct management activities 
     consistent with the purposes for which the Bureau of 
     Reclamation withdrawal was established.
       ``(b) Shoal Site.--The Secretary of Energy shall remain 
     responsible and liable for the subsurface estate and all 
     activities of the Secretary of Energy at the Shoal Site 
     withdrawn and reserved by Public Land Order Number 2771, as 
     amended by Public Land Order Number 2834.

     ``SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.

       ``(a) Preparation Required.--
       ``(1) Preparation; deadline.--Within 2 years after the date 
     of enactment of this subtitle, the Secretary of the Navy 
     shall update the current integrated natural resources 
     management plan for the withdrawal land.
       ``(2) Coordination.--The Secretary of the Navy shall 
     prepare the integrated natural resources management plan in 
     coordination with the Secretary of the Interior, the State, 
     Churchill County, Nevada, other impacted counties in the 
     State, and affected Indian tribes.
       ``(b) Resolution of Conflicts.--
       ``(1) In general.--Any disagreement among the parties 
     referred to in subsection (a) concerning the contents or 
     implementation of the integrated natural resources management 
     plan prepared under that subsection or an amendment to the 
     management plan shall be resolved by the Secretary of the 
     Navy, the Secretary of the Interior, and the State of Nevada, 
     acting through--
       ``(A) the State Director of the Nevada State Office of the 
     Bureau of Land Management;
       ``(B) the Commanding Officer of Naval Air Station Fallon, 
     Nevada;
       ``(C) the State Director of the Nevada Department of 
     Wildlife;
       ``(D) if appropriate, the Regional Director of the United 
     States Fish and Wildlife Service; and
       ``(E) if appropriate, the Regional Director of the Bureau 
     of Indian Affairs.
       ``(2) Consultation.--Prior to the resolution of any 
     conflict under paragraph (1), the Secretary of the Navy shall 
     consult with the intergovernmental executive committee.
       ``(c) Elements of Plan.--Subject to subsection (b), the 
     integrated natural resources management plan under subsection 
     (a)--
       ``(1) shall be prepared and implemented in accordance with 
     the Sikes Act (16 U.S.C. 670 et seq.);
       ``(2) shall include provisions for--
       ``(A) proper management and protection of the natural 
     resources of the land; and
       ``(B) sustainable use by the public of such resources to 
     the extent consistent with the military purposes for which 
     the land is withdrawn and reserved;
       ``(3) shall coordinate access with the Nevada Department of 
     Wildlife to manage hunting, fishing, and trapping on the land 
     where compatible with the military mission;
       ``(4) shall provide for livestock grazing and agricultural 
     out-leasing on the land, if appropriate--
       ``(A) in accordance with section 2667 of title 10, United 
     States Code; and
       ``(B) at the discretion of the Secretary of the Navy;
       ``(5) shall identify current test and target impact areas 
     and related buffer or safety zones on the land;
       ``(6) shall provide that the Secretary of the Navy--
       ``(A) shall take necessary actions to prevent, suppress, 
     manage, and rehabilitate brush and range fires occurring 
     within the boundaries of the Fallon Range Training Complex 
     and brush and range fires occurring outside the boundaries of 
     the Fallon Range Training Complex resulting from military 
     activities; and
       ``(B) notwithstanding section 2465 of title 10, United 
     States Code--

[[Page S5774]]

       ``(i) may obligate funds appropriated or otherwise 
     available to the Secretary of the Navy to enter into 
     memoranda of understanding, cooperative agreements, and 
     contracts for fire management; and
       ``(ii) shall reimburse the Secretary of the Interior for 
     costs incurred under this paragraph;
       ``(7) shall provide that all gates, fences, and barriers 
     constructed after the date of enactment of this subtitle 
     shall be designed and erected, to the maximum extent 
     practicable and consistent with military security, safety, 
     and sound wildlife management use, to allow wildlife access;
       ``(8) if determined appropriate by the Secretary of the 
     Navy, the Secretary of the Interior, and the State of Nevada 
     after review of any existing management plans applicable to 
     the land, shall incorporate the existing management plans;
       ``(9) shall include procedures to ensure that--
       ``(A) the periodic reviews of the integrated natural 
     resources management plan required by the Sikes Act (16 
     U.S.C. 670 et seq.) are conducted jointly by the Secretary of 
     the Navy, the Secretary of the Interior, and the State of 
     Nevada; and
       ``(B) affected counties and affected Indian Tribes and the 
     public are provided a meaningful opportunity to comment on 
     any substantial revisions to the plan that may be proposed 
     pursuant to such a review; and
       ``(10) shall provide procedures to amend the integrated 
     natural resources management plan as necessary.

     ``SEC. 2986. RELEASE OF WILDERNESS STUDY AREAS.

       ``(a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the public land in Churchill 
     County, Nevada, that is administered by the Bureau of Land 
     Management in the following areas has been adequately studied 
     for wilderness designation:
       ``(1) The Stillwater Range Wilderness Study Area.
       ``(2) The Job Peak Wilderness Study Area.
       ``(3) The Clan Alpine Mountains Wilderness Study Area.
       ``(4) That portion of the Augusta Mountains Wilderness 
     Study Area located in Churchill County, Nevada.
       ``(5) That portion of the Desatoya Mountains Wilderness 
     Study Area located in Churchill County, Nevada.
       ``(6) Any portion of any other wilderness study area 
     located in Churchill County, Nevada, that is not a wilderness 
     area.
       ``(b) Release.--The public land described in subsection 
     (a)--
       ``(1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
       ``(2) shall be managed in accordance with--
       ``(A) land management plans adopted under section 202 of 
     that Act (43 U.S.C. 1712); and
       ``(B) existing cooperative conservation agreements; and
       ``(3) shall be subject to the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.).

     ``SEC. 2987. USE OF MINERAL MATERIALS.

       ``Notwithstanding any other provision of this subtitle or 
     of the Act of July 31, 1947 (commonly known as the Materials 
     Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the 
     Navy may use sand, gravel, or similar mineral materials 
     resources of the type subject to disposition under that Act 
     from land withdrawn and reserved by this subtitle if use of 
     such resources is required for construction needs on the 
     land.

     ``SEC. 2988. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES 
                   SURVEY.

       ``(a) Tribal Access Agreement.--Not later than 120 days 
     after the date of enactment of this subtitle, the Secretary 
     of the Navy and the Secretary of the Interior shall enter 
     into an agreement with each affected Indian tribe for the 
     purpose of establishing continued, regular, and timely access 
     to the land withdrawn and reserved by section 2981, including 
     all land subject to previous withdrawals under section 
     3011(a) of the Military Lands Withdrawal Act of 1999 (title 
     XXX of Public Law 106-65; 113 Stat. 885), for the purpose of 
     identifying cultural, religious, and archaeological resources 
     of importance to the affected Indian tribes.
       ``(b) Ethnographic Study.--The Secretary of the Navy, in 
     consultation with the State of Nevada and appropriate Tribal 
     governments, shall conduct an ethnographic study of the 
     expanded Fallon Range Training Complex to assess the 
     importance of that area to Indian tribes and the religious 
     and cultural practices of those Indian tribes.
       ``(c) Cultural Resources Survey.--
       ``(1) Survey.--The Secretary of the Navy, after 
     consultation with the affected Indian tribes and review of 
     data, studies, and reports in the possession of such Indian 
     tribes, shall conduct a cultural resources survey of the land 
     withdrawn and reserved by section 2981 for the expanded areas 
     of the B-16, B-17, and B-20 Ranges that were not subject to 
     previous surveys in support of the Department of the Navy's 
     January 2020 Final Environmental Impact Statement for the 
     Fallon Range Training Complex modernization and previous 
     withdrawals comprising the Fallon Range Training Complex that 
     includes pedestrian field surveys and the inventory and 
     identification of specific sites containing cultural, 
     religious, and archaeologic resources of importance to the 
     affected Indian tribes.
       ``(2) Results.--Not later than 240 days after the date of 
     enactment of this subtitle, the Secretary of the Navy shall 
     provide the results of the survey conducted under paragraph 
     (1) to the affected Indian tribes for review and comment 
     prior to concluding survey activities.
       ``(3) Inclusion in agreement.--The agreement under 
     subsection (a) shall include access to the specific sites 
     identified by the survey conducted under paragraph (1) by the 
     affected Indian Tribes, including proper disposition or 
     protection of, and any requested access to, any identified 
     burial sites, in accordance with the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
       ``(4) Limitation on use of land prior to completion of 
     survey.--The Secretary of the Navy may not make operational 
     use of the expanded areas of the B-16, B-17, and B-20 Ranges 
     that were not subject to previous withdrawals comprising the 
     Fallon Range Training Complex are withdrawn and reserved by 
     section 2981 until completion of the survey and potential 
     disposition or protection of identified burial sites required 
     by paragraph (1).
       ``(d) Participation of Affected Indian Tribes.--In 
     conducting an ethnographic study or cultural resource survey 
     under subsection (b) or (c), the Secretary of the Navy shall 
     coordinate with, and provide for the participation of, each 
     applicable affected Indian tribe.
       ``(e) Agreement To Mitigate Adverse Effects.--The Secretary 
     of the Navy, the Secretary of the Interior, and the affected 
     Indian tribes shall enter into an agreement consistent with 
     section 306108 of title 54, United States Code, that 
     identifies actions to avoid, minimize, or mitigate adverse 
     effects to sites identified in subsection (c), including 
     adverse effects from noise. Using the results of surveys 
     conducted under subsection (c), the Navy shall, in 
     coordination with the Tribes and to the extent practicable, 
     avoid placing targets or other range infrastructure in 
     culturally sensitive areas. The Navy shall avoid placement of 
     targets in known sensitive habitat, cultural, or historic 
     areas within the Monte Cristo Mountains.
       ``(f) Report.--Not later than 1 year after the date of 
     enactment of this subtitle, the Secretary of the Navy and the 
     Secretary of the Interior shall jointly submit to Congress a 
     report describing--
       ``(1) the access protocols established by the agreement 
     under subsection (a);
       ``(2) the results of the ethnographic study conducted under 
     subsection (b);
       ``(3) the results of the cultural resource survey under 
     subsection (c); and
       ``(4) actions to be taken to avoid, minimize, or mitigate 
     adverse effects to sites on the land withdrawn and reserved 
     by section 2981.

     ``SEC. 2989. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.

       ``(a) Payment to the Tribe.--Not later than 1 year after 
     the date of enactment of this subtitle, the Secretary of the 
     Navy shall transfer $20,000,000 of amounts authorized to be 
     appropriated to the Secretary of the Navy for operation and 
     maintenance to an account designated by the Walker River 
     Paiute Tribe (referred to in this section as the `Tribe') to 
     resolve the claims of the Tribe against the United States for 
     the contamination, impairment, and loss of use of 
     approximately 6,000 acres of land that is within the 
     boundaries of the reservation of the Tribe.
       ``(b) Tribal Trust Land Impacts.--With respect to the land 
     established as the B-19 Range at the Fallon Range Training 
     Complex, the Secretary of the Navy shall ensure the target 
     placement and use does not result in additional ordnance 
     landing off-range onto the reservation of the Tribe.
       ``(c) Additional Trust Land.--
       ``(1) Environmental site assessment.--Not later than 1 year 
     after the date of enactment of this subtitle and prior to 
     taking the land described in paragraph (4) into trust for the 
     benefit of the Tribe under paragraph (3)(A), the Director of 
     the Bureau of Indian Affairs (referred to in this subsection 
     as the `Director') shall complete an environmental site 
     assessment to determine with respect to the land--
       ``(A) the likelihood of the presence of hazardous 
     substance-related or other environmental liability; and
       ``(B) if the Director determines the presence of hazardous 
     substance-related or other environmental liability is 
     likely--
       ``(i) the extent of the contamination caused by such 
     hazardous substance or other environmental liability; and
       ``(ii) whether that liability can be remediated by the 
     United States.
       ``(2) Exercise of discretion by tribe.--If the Director 
     determines pursuant to the environmental site assessment 
     completed under paragraph (1) that there is a likelihood of 
     the presence of hazardous substance-related or other 
     environmental liability on the land described in paragraph 
     (4) that cannot be remediated by the United States, the Tribe 
     may determine whether the land should be taken into trust for 
     the benefit of the Tribe.
       ``(3) Land to be held in trust for the tribe; 
     identification of alternative land.--
       ``(A) In general.--If the Tribe determines pursuant to 
     paragraph (2) that the land described in paragraph (4) should 
     be taken into trust for the benefit of the Tribe, subject to 
     valid existing rights, all right, title, and interest of the 
     United States in and to the land shall be--
       ``(i) held in trust by the United States for the benefit of 
     the Tribe; and

[[Page S5775]]

       ``(ii) made part of the existing reservation of the Tribe.
       ``(B) Identification of suitable and comparable alternative 
     land.--If the Tribe determines pursuant to paragraph (2), due 
     to discovered environmental issues that the land described in 
     paragraph (4) should not be taken into trust for the benefit 
     of the Tribe, not later than 1 year after the date on which 
     the Tribe makes that determination, the Director and the 
     Tribe shall enter into an agreement to identify suitable and 
     comparable alternative land in relative distance and located 
     in the same county as the land described in paragraph (4) to 
     be withdrawn from Federal use and taken into trust for the 
     benefit of the Tribe.
       ``(4) Land described.--Subject to paragraph (5), the land 
     to be held in trust for the benefit of the Tribe under 
     paragraph (3)(A) is the approximately 8,170 acres of Bureau 
     of Land Management and Bureau of Reclamation land located in 
     Churchill and Mineral Counties, Nevada, as generally depicted 
     on the map entitled `Walker River Paiute Trust Lands' and 
     dated April 19, 2022, and more particularly described as 
     follows:
       ``(A) Fernley east parcel.--The following land in Churchill 
     County, Nevada:
       ``(i) All land held by the Bureau of Reclamation in T. 20 
     N., R. 26 E., sec. 28, Mount Diablo Meridian.
       ``(ii) All land held by the Bureau of Reclamation in T. 20 
     N., R. 26 E., sec. 36, Mount Diablo Meridian.
       ``(B) Walker lake parcel.--The following land in Mineral 
     County, Nevada:
       ``(i) All land held by the Bureau of Land Management in T. 
     11 N., R. 29 E., secs. 35 and 36, Mount Diablo Meridian.
       ``(ii) All land held by the Bureau of Reclamation in T. 10 
     N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21, 28, 29, 
     32, and 33, Mount Diablo Meridian.
       ``(iii) All land held by the Bureau of Land Management in 
     T. 10.5 N., R. 30 E., secs. 31 and 32, Mount Diablo Meridian.
       ``(5) Administration.--
       ``(A) Survey.--Not later than 180 days after the date of 
     enactment of this subtitle, the Secretary of the Interior 
     (referred to in this paragraph as the `Secretary') shall 
     complete a survey to fully describe, and adequately define 
     the boundaries of, the land described in paragraph (4).
       ``(B) Legal description.--
       ``(i) In general.--Upon completion of the survey required 
     under subparagraph (A), the Secretary shall publish in the 
     Federal Register a legal description of the land described in 
     paragraph (4).
       ``(ii) Technical corrections.--Before the date of 
     publication of the legal description under this subparagraph, 
     the Secretary may correct any technical or clerical errors in 
     the legal description as the Secretary determines 
     appropriate.
       ``(iii) Effect.--Effective beginning on the date of 
     publication of the legal description under this subparagraph, 
     the legal description shall be considered to be the official 
     legal description of the land to be held in trust for the 
     benefit of the Tribe under paragraph (3)(A).
       ``(6) Use of trust land.--The land taken into trust under 
     paragraph (3)(A) shall not be eligible, or considered to have 
     been taken into trust, for class II gaming or class III 
     gaming (as those terms are defined in section 4 of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2703)).
       ``(d) Eligibility for Federal and Federally Funded 
     Programs.--Funds paid to the Tribe pursuant to this section, 
     including any interest or investment income earned, may not 
     be treated as income or resources or otherwise used as the 
     basis for denying or reducing the basis for Federal financial 
     assistance or other Federal benefit (including under the 
     Social Security Act (42 U.S.C. 301 et seq.)) to which the 
     Tribe, a member of the Tribe, or a household would otherwise 
     be entitled.

     ``SEC. 2990. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE 
                   SHOSHONE TRIBE.

       ``(a) Land To Be Held in Trust.--
       ``(1) In general.--Subject to valid existing rights, all 
     right, title, and interest of the United States in and to the 
     land described in paragraph (2) shall be--
       ``(A) held in trust by the United States for the benefit of 
     the Fallon Paiute Shoshone Tribe; and
       ``(B) made part of the reservation of the Fallon Paiute 
     Shoshone Tribe.
       ``(2) Description of land.--The land referred to in 
     paragraph (1) is the approximately 10,000 acres of land 
     administered by the Bureau of Land Management and the Bureau 
     of Reclamation, as generally depicted as `Reservation 
     Expansion Land' on the map entitled `Churchill County 
     Proposed Fallon Range Training Complex Modernization and 
     Lands Bill' and dated September 30, 2022.
       ``(3) Survey.--Not later than 180 days after the date of 
     enactment of this subtitle, the Secretary of the Interior 
     shall complete a survey of the boundary lines to establish 
     the boundaries of the land taken into trust under paragraph 
     (1).
       ``(4) Use of trust land.--The land taken into trust under 
     this section shall not be eligible, or considered to have 
     been taken into trust, for class II gaming or class III 
     gaming (as those terms are defined in section 4 of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2703)).
       ``(5) Cooperative agreement.--On request by the Fallon 
     Paiute Shoshone Tribe, the Secretary of the Interior shall 
     enter into a cooperative agreement with the Fallon Paiute 
     Shoshone Tribe to provide assistance in the management of the 
     land taken into trust under this section for cultural 
     protection and conservation management purposes.

     ``SEC. 2991. NUMU NEWE CULTURAL HERITAGE AREA.

       ``(a) Definitions.--In this section:
       ``(1) Cultural heritage area.--The term `Cultural Heritage 
     Area' means the Numu Newe Cultural Heritage Area established 
     by subsection (b).
       ``(2) Management plan.--The term `management plan' means 
     the management plan for the Cultural Heritage Area developed 
     under subsection (d).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(4) Tribal commission.--The term `Tribal Commission' 
     means the Tribal commission established under subsection (e).
       ``(b) Establishment.--To protect, conserve, and enhance the 
     unique and nationally important historic, cultural, 
     archaeological, natural, and educational resources of the 
     Numu Newe traditional homeland, there is established in 
     Churchill and Mineral Counties, Nevada, the Numu Newe 
     Cultural Heritage Area.
       ``(c) Area Included.--The Cultural Heritage Area shall 
     consist of the approximately 217,845 acres of public land in 
     Churchill and Mineral Counties, Nevada, administered by the 
     Bureau of Land Management, as depicted on the map entitled 
     `Churchill County Proposed Fallon Range Training Complex 
     Modernization and Lands Bill' and dated September 30, 2022.
       ``(d) Management Plan.--
       ``(1) In general.--Not later than 360 days after the date 
     of enactment of this subtitle, the Secretary shall develop a 
     comprehensive plan for the long-term management of the 
     Cultural Heritage Area.
       ``(2) Consultation.--In developing the management plan, the 
     Secretary shall consult with--
       ``(A) appropriate entities of the Federal Government and 
     State and local governments;
       ``(B) members of the public; and
       ``(C) the Tribal Commission.
       ``(3) Tribal commission expertise.--In developing the 
     management plan, the Secretary shall--
       ``(A) meet at least semiannually with the Tribal 
     Commission; and
       ``(B) to the maximum extent practicable, carefully and 
     fully integrate the management recommendations of the Tribal 
     Commission.
       ``(4) Requirements.--The management plan shall--
       ``(A) describe the appropriate uses of the Cultural 
     Heritage Area;
       ``(B) authorize the appropriate use of motor vehicles in 
     the Cultural Heritage Area, including for the maintenance of 
     existing roads;
       ``(C) incorporate any provision of an applicable land and 
     resource management plan that the Secretary considers to be 
     appropriate;
       ``(D) protect, preserve, maintain, and administer the land 
     within the Cultural Heritage Area to ensure, to the maximum 
     extent practicable, the protection of traditional cultural 
     and religious sites within the Cultural Heritage Area;
       ``(E) to the maximum extent practicable, carefully and 
     fully integrate the traditional and historical knowledge and 
     special expertise of the Fallon Paiute Shoshone Tribe;
       ``(F) ensure public access to Federal land within the 
     Cultural Heritage Area for hunting, fishing, and other 
     recreational purposes;
       ``(G) not affect the allocation, ownership, interest, or 
     control, as in existence on the date of enactment of this 
     subtitle, of any water, water right, or any other valid 
     existing right;
       ``(H) provide for a cooperative agreement with the Tribal 
     Commission, including for co-management purposes, to address 
     the historical, archeological, and cultural values of the 
     Cultural Heritage Area;
       ``(I) describe methods for coordination between the 
     Cultural Heritage Area and the Numu Newe National 
     Conservation Area, the Clan Alpine Wilderness, the Desatoya 
     Mountains Wilderness, and the Cain Mountain Wilderness; and
       ``(J) be reviewed not less frequently than annually by the 
     Secretary to ensure the management plan is meeting the 
     requirements of this section.
       ``(e) Tribal Commission.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subtitle, the Secretary shall establish 
     a Tribal Commission consisting of representatives of affected 
     Indian Tribes, to be appointed by the Secretary, to provide 
     management recommendations to the Secretary with respect to 
     the Cultural Heritage Area.
       ``(2) Limitation.--The Tribal Commission shall include not 
     more than 1 representative from each affected Indian Tribe.
       ``(3) Secretarial support.--The Secretary may provide 
     administrative and staff support to the Tribal Commission.
       ``(4) Information.--The Secretary shall ensure that the 
     Tribal Commission has the information necessary to make 
     informed recommendations.

     ``SEC. 2992. NUMU NEWE CULTURAL CENTER.

       ``(a) In General.--The Secretary of the Navy shall use 
     amounts made available to carry out this section to provide 
     financial assistance to a cultural center established and 
     operated by the Fallon Paiute Shoshone Tribe and located on 
     the Reservation of the Fallon Paiute Shoshone Tribe, the 
     purpose of

[[Page S5776]]

     which is to help sustain Numu Newe knowledge, culture, 
     language, and identity associated with aboriginal land and 
     traditional ways of life for the Fallon Paiute Shoshone Tribe 
     (referred to in this section as the `Center').
       ``(b) Studies and Inventories.--The Center shall integrate 
     information developed in the cultural resources inventories 
     and ethnographic studies carried out under section 2988.
       ``(c) General Fund.--Of amounts made available to carry out 
     this section, the Secretary of the Navy shall, subject to the 
     availability of appropriations, transfer to a general fund 
     operated by the Tribal Commission established under section 
     2991(e)--
       ``(1) $10,000,000 for the development and construction of 
     the Center; and
       ``(2) $10,000,000 to endow operations of the Center.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Navy to carry out 
     this section $20,000,000.

     ``SEC. 2993. NATIONAL CONSERVATION AREAS.

       ``(a) Numu Newe National Conservation Area.--
       ``(1) Purpose.--The purpose of this subsection is to 
     establish the Numu Newe National Conservation Area in the 
     State of Nevada to conserve, protect, and enhance for the 
     benefit and enjoyment of present and future generations the 
     cultural, archaeological, natural, wilderness, scientific, 
     geological, historical, biological, wildlife, educational, 
     recreational, and scenic resources of the Conservation Area.
       ``(2) Definitions.--In this subsection:
       ``(A) Conservation area.--The term `Conservation Area' 
     means the Numu Newe National Conservation Area established by 
     paragraph (3).
       ``(B) Management plan.--The term `management plan' means 
     the management plan for the Conservation Area developed under 
     paragraph (4)(B).
       ``(3) Establishment.--
       ``(A) In general.--For the purpose described in paragraph 
     (1), there is established the Numu Newe National Conservation 
     Area in the State of Nevada.
       ``(B) Area included.--The Conservation Area shall consist 
     of approximately 160,224 acres of public land in Churchill 
     County, Nevada, as generally depicted on the map entitled 
     `Churchill County Proposed Fallon Range Training Complex 
     Modernization and Lands Bill' and dated September 30, 2022.
       ``(C) Maps and legal descriptions.--
       ``(i) In general.--As soon as practicable after the date of 
     enactment of this subtitle, the Secretary of the Interior 
     shall submit to Congress a map and legal description of the 
     Conservation Area.
       ``(ii) Effect.--The map and legal descriptions submitted 
     under clause (i) shall have the same force and effect as if 
     included in this subtitle, except that the Secretary of the 
     Interior may correct minor errors in the map and legal 
     description.
       ``(iii) Public availability.--A copy of the map and legal 
     description submitted under clause (i) shall be on file and 
     available for public inspection in the appropriate offices of 
     the Bureau of Land Management.
       ``(4) Management.--
       ``(A) In general.--The Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management, shall 
     manage the Conservation Area--
       ``(i) in a manner that conserves, protects, and enhances 
     the resources of the Conservation Area, including--

       ``(I) the management of wildfire, invasive species, and 
     wildlife; and
       ``(II) wildfire restoration;

       ``(ii) in accordance with--

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

       ``(iii) as a component of the National Landscape 
     Conservation System.
       ``(B) Management plan.--
       ``(i) In general.--Not later than 3 years after the date of 
     enactment of this subtitle and in accordance with clause 
     (ii), the Secretary of the Interior shall develop a 
     comprehensive plan for the long-term management of the 
     Conservation Area.
       ``(ii) Consultation.--In developing the management plan 
     required by clause (i), the Secretary of the Interior shall 
     consult with--

       ``(I) appropriate Federal, State, Tribal, and local 
     governmental entities (including the Tribal Commission 
     established by section 2991(e)); and
       ``(II) members of the public.

       ``(iii) Requirements.--The management plan shall--

       ``(I) describe the appropriate uses of the Conservation 
     Area;
       ``(II) authorize the appropriate use of motor vehicles in 
     the Conservation Area, including the maintenance of existing 
     roads; and
       ``(III) incorporate any provision of an applicable land and 
     resource management plan that the Secretary of the Interior 
     considers to be appropriate.

       ``(5) Uses.--The Secretary of the Interior shall allow only 
     uses of the Conservation Area that the Secretary of the 
     Interior determines would further the purpose described in 
     paragraph (1).
       ``(6) Motorized vehicles.--Except as needed for 
     administrative purposes or to respond to an emergency, the 
     use of motorized vehicles in the Conservation Area shall be 
     permitted only on roads and trails designated for the use of 
     motorized vehicles by the management plan.
       ``(7) Withdrawal.--
       ``(A) In general.--Subject to valid existing rights, all 
     public land in the Conservation Area is withdrawn from--
       ``(i) all forms of entry, appropriation, and disposal under 
     the public land laws;
       ``(ii) location, entry, and patent under the mining laws; 
     and
       ``(iii) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.
       ``(B) Additional land.--Notwithstanding any other provision 
     of law, if the Secretary of the Interior acquires mineral or 
     other interests in a parcel of land within the Conservation 
     Area after the date of enactment of this subtitle, the parcel 
     is withdrawn from operation of the laws referred to in 
     subparagraph (A) on the date of acquisition of the parcel.
       ``(8) Hunting, fishing, and trapping.--
       ``(A) In general.--Subject to subparagraph (B), nothing in 
     this subsection affects the jurisdiction of the State of 
     Nevada with respect to fish and wildlife, including hunting, 
     fishing, and trapping in the Conservation Area.
       ``(B) Limitations.--
       ``(i) Regulations.--The Secretary of the Interior may 
     designate by regulation areas in which, and establish periods 
     during which, no hunting, fishing, or trapping will be 
     permitted in the Conservation Area, for reasons of public 
     safety, administration, or compliance with applicable laws.
       ``(ii) Consultation required.--Except in the case of an 
     emergency, before promulgating regulations under clause (i) 
     that close a portion of the Conservation Area to hunting, 
     fishing, or trapping, the Secretary of the Interior shall 
     consult with the appropriate State agency.
       ``(9) Grazing.--In the case of land included in the 
     Conservation Area on which the Secretary of the Interior 
     permitted, as of the date of enactment of this subtitle, 
     livestock grazing, the livestock grazing shall be allowed to 
     continue, subject to applicable laws (including regulations) 
     and Executive orders.
       ``(10) No buffer zones.--
       ``(A) In general.--The establishment of the Conservation 
     Area shall not create an express or implied protective 
     perimeter or buffer zone around the Conservation Area.
       ``(B) Private land.--If the use of, or conduct of, an 
     activity on private land that shares a boundary with the 
     Conservation Area is consistent with applicable law, nothing 
     in this subsection prohibits or limits the use or conduct of 
     the activity.
       ``(11) Visitor service facilities.--The Secretary of the 
     Interior, in consultation with the State of Nevada and Indian 
     tribes that the Secretary of the Interior determines to be 
     appropriate, may establish visitor service facilities for the 
     purpose of providing information about the historical, 
     cultural, archaeological, ecological, recreational, geologic, 
     scientific, and other resources of the Conservation Area.
       ``(b) Pistone-Black Mountain National Conservation Area.--
       ``(1) Definitions.--In this subsection:
       ``(A) Conservation area.--The term `Conservation Area' 
     means the Pistone-Black Mountain National Conservation Area 
     established by paragraph (2)(A).
       ``(B) Tribe.--The term `Tribe' means the Walker River 
     Paiute Tribe.
       ``(2) Establishment.--
       ``(A) In general.--To protect, conserve, and enhance the 
     unique and nationally important historic, cultural, 
     archaeological, natural, and educational resources of the 
     Pistone Site on Black Mountain, there is established in 
     Mineral County, Nevada, the Pistone-Black Mountain National 
     Conservation Area.
       ``(B) Area included.--
       ``(i) In general.--The Conservation Area shall consist of 
     the approximately 3,415 acres of public land in Mineral 
     County, Nevada, administered by the Bureau of Land 
     Management, as depicted on the map entitled `Black Mountain/
     Pistone Archaeological District' and dated May 12, 2020.
       ``(ii) Availability of map.--The map described in clause 
     (i) shall be on file and available for public inspection in 
     the appropriate offices of the Bureau of Land Management.
       ``(C) Submission of map and legal description.--
       ``(i) In general.--As soon as practicable after the date of 
     enactment of this subtitle, the Secretary of the Interior, 
     acting through the Director of the Bureau of Land Management, 
     shall submit to Congress a map and legal description of the 
     Conservation Area.
       ``(ii) Effect.--The map and legal description of the 
     Conservation Area submitted under clause (i) shall have the 
     same force and effect as if included in this subtitle, except 
     that the Secretary of the Interior may correct any minor 
     errors in the map and legal description.
       ``(iii) Public availability.--The map and legal description 
     of the Conservation Area submitted under clause (i) shall be 
     available for public inspection in the appropriate offices of 
     the Bureau of Land Management.
       ``(3) Management.--
       ``(A) In general.--The Secretary of the Interior shall 
     manage the Conservation Area--
       ``(i) in a manner that conserves, protects, and enhances 
     the resources and values of the Conservation Area, including 
     the resources and values described in paragraph (2)(A);
       ``(ii) in accordance with--

       ``(I) this subsection;

[[Page S5777]]

       ``(II) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.); and
       ``(III) any other applicable law; and

       ``(iii) as a component of the National Landscape 
     Conservation System.
       ``(B) Uses.--The Secretary of the Interior shall allow any 
     use of the Conservation Area--
       ``(i) that is consistent with the protection of the 
     historic, cultural, and archeological resources of the 
     Conservation Area; or
       ``(ii) that is for the continued enjoyment by the Tribe of 
     a cultural use of the Conservation Area.
       ``(C) Requirements.--In administering the Conservation 
     Area, the Secretary of the Interior shall provide for--
       ``(i) access to and use of cultural resources by the Tribe 
     at the Conservation Area;
       ``(ii) the protection of the cultural resources and burial 
     sites of the Tribe located in the Conservation Area from 
     disturbance; and
       ``(iii) cooperative management with the Tribe with respect 
     to the management of the Conservation Area.
       ``(D) Cooperative agreements.--The Secretary of the 
     Interior may, in a manner consistent with this subsection, 
     enter into cooperative agreements with the State of Nevada, 
     other Indian tribes, and other institutions and organizations 
     to carry out the purposes of this subsection, subject to the 
     requirement that the Tribe shall be a party to any 
     cooperative agreement entered into under this subparagraph.
       ``(E) Visitor service facilities.--The Secretary of the 
     Interior, in consultation with the State of Nevada and the 
     Tribe, may establish visitor service facilities for the 
     purpose of providing information about the historical, 
     cultural, archaeological, ecological, recreational, geologic, 
     scientific, and other resources of the Conservation Area.
       ``(4) Management plan.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subtitle, the Secretary of the Interior 
     shall develop a management plan for the Conservation Area.
       ``(B) Consultation.--In developing the management plan 
     required under subparagraph (A), the Secretary of the 
     Interior shall consult with--
       ``(i) appropriate State, Tribal, and local governmental 
     entities; and
       ``(ii) members of the public.
       ``(C) Requirements.--The management plan shall--
       ``(i) describe the appropriate uses and management of the 
     Conservation Area;
       ``(ii) incorporate, as appropriate, decisions contained in 
     any other management or activity plan for the land in or 
     adjacent to the Conservation Area;
       ``(iii) take into consideration any information developed 
     in studies of the land and resources in or adjacent to the 
     Conservation Area;
       ``(iv) take into consideration the historical and continued 
     cultural and archeological importance of the Conservation 
     Area to the Tribe; and
       ``(v) provide for a cooperative agreement with the Tribe, 
     including for co-management purposes, to address the 
     historical, archeological, and cultural values of the 
     Conservation Area.
       ``(5) Withdrawal.--Subject to valid existing rights, any 
     Federal surface and subsurface land within the Conservation 
     Area or any land (including any interest in land) that is 
     acquired by the United States after the date of enactment of 
     this subtitle for inclusion in the Conservation Area is 
     withdrawn from--
       ``(A) all forms of entry, appropriation, or disposal under 
     the general land laws;
       ``(B) location, entry, and patent under the mining laws; 
     and
       ``(C) operation under the mineral leasing and geothermal 
     leasing laws.
       ``(6) Effect on water rights.--Nothing in this subsection 
     constitutes an express or implied reservation of any water 
     rights with respect to the Conservation Area.

     ``SEC. 2994. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.

       ``(a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Interior should collaborate with the 
     State of Nevada and the Churchill County commission on 
     wildfire and rangeland management, planning, and 
     implementation, with the goal of preventing catastrophic 
     wildfire and resource damage.
       ``(b) Definition of Wilderness Area.--In this section, the 
     term `wilderness area' means a wilderness area designated by 
     subsection (c)(1).
       ``(c) Additions to National Wilderness Preservation 
     System.--
       ``(1) Additions.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following parcels of Federal land 
     in Churchill County, Nevada, are designated as wilderness and 
     as components of the National Wilderness Preservation System:
       ``(A) Clan alpine mountains wilderness.--Certain Federal 
     land managed by the Bureau of Land Management, comprising 
     approximately 128,362 acres, as generally depicted on the map 
     entitled `Churchill County Proposed Fallon Range Training 
     Complex Modernization and Lands Bill' and dated September 30, 
     2022, which shall be known as the `Clan Alpine Mountains 
     Wilderness'.
       ``(B) Desatoya mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 32,537 acres, as generally depicted on the map 
     entitled `Churchill County Proposed Fallon Range Training 
     Complex Modernization and Lands Bill' and dated September 30, 
     2022, which shall be known as the `Desatoya Mountains 
     Wilderness'.
       ``(C) Cain mountain wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 7,664 acres, as generally depicted on the map 
     entitled `Churchill County Proposed Fallon Range Training 
     Complex Modernization and Lands Bill' and dated September 30, 
     2022, which shall be known as the `Cain Mountain Wilderness'.
       ``(2) Boundary.--The boundary of any portion of a 
     wilderness area that is bordered by a road shall be at least 
     150 feet from the edge of the road to allow public access.
       ``(3) Map and legal description.--
       ``(A) In general.--As soon as practicable after the date of 
     enactment of this subtitle, the Secretary of the Interior 
     shall file a map and legal description of each wilderness 
     area with the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives.
       ``(B) Effect.--Each map and legal description filed under 
     subparagraph (A) shall have the same force and effect as if 
     included in this section, except that the Secretary of the 
     Interior may correct clerical and typographical errors in the 
     map or legal description.
       ``(C) Availability.--Each map and legal description filed 
     under subparagraph (A) shall be on file and available for 
     public inspection in--
       ``(i) the Office of the Director of the Bureau of Land 
     Management;
       ``(ii) the Office of the Nevada State Director of the 
     Bureau of Land Management;
       ``(iii) the Carson City Field Office of the Bureau of Land 
     Management; and
       ``(iv) the Fallon Field Station of the Bureau of Land 
     Management.
       ``(4) Withdrawal.--Subject to valid existing rights, each 
     wilderness area is withdrawn from--
       ``(A) all forms of entry, appropriation, and disposal under 
     the public land laws;
       ``(B) location, entry, and patent under the mining laws; 
     and
       ``(C) operation of the mineral leasing and geothermal 
     leasing laws.
       ``(d) Management.--Subject to valid existing rights, each 
     wilderness area shall be administered by the Secretary of the 
     Interior, in accordance with the Wilderness Act (16 U.S.C. 
     1131 et seq.), except that--
       ``(1) 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 subtitle; and
       ``(2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       ``(e) Livestock.--The grazing of livestock in a wilderness 
     area administered by the Bureau of Land Management, if 
     established as of the date of enactment of this subtitle, 
     shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices as the Secretary of the 
     Interior considers necessary, in accordance with--
       ``(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       ``(2) the guidelines set forth in Appendix A of the report 
     of the Committee on Interior and Insular Affairs of the House 
     of Representatives accompanying H.R. 2570 of the 101st 
     Congress (House Report 101-405).
       ``(f) Incorporation of Acquired Land and Interests.--Any 
     land or interest in land within the boundaries of a 
     wilderness area that is acquired by the United States after 
     the date of enactment of this subtitle shall be added to and 
     administered as part of the wilderness area within which the 
     acquired land or interest is located.
       ``(g) Water Rights.--
       ``(1) Findings.--Congress finds that--
       ``(A) the wilderness areas--
       ``(i) are located in the semiarid region of the Great Basin 
     region; and
       ``(ii) include ephemeral and perennial streams;
       ``(B) the hydrology of the wilderness areas is 
     predominantly characterized by complex flow patterns and 
     alluvial fans with impermanent channels;
       ``(C) the subsurface hydrogeology of the region in which 
     the wilderness areas are located is characterized by--
       ``(i) groundwater subject to local and regional flow 
     gradients; and
       ``(ii) unconfined and artesian conditions;
       ``(D) the wilderness areas are generally not suitable for 
     use or development of new water resource facilities; and
       ``(E) because of the unique nature and hydrology of the 
     desert land in the wilderness areas, it is possible to 
     provide for proper management and protection of the 
     wilderness areas and other values of land in ways different 
     from those used in other laws.
       ``(2) Statutory construction.--Nothing in this section--
       ``(A) constitutes an express or implied reservation by the 
     United States of any water or water rights with respect to 
     the wilderness areas;
       ``(B) affects any water rights in the State of Nevada 
     (including any water rights held by the United States) in 
     existence on the date of enactment of this subtitle;
       ``(C) establishes a precedent with regard to any future 
     wilderness designations;
       ``(D) affects the interpretation of, or any designation 
     made under, any other Act; or

[[Page S5778]]

       ``(E) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among and between the State of Nevada and other States.
       ``(3) Nevada water law.--The Secretary of the Interior 
     shall follow the procedural and substantive requirements of 
     Nevada State law in order to obtain and hold any water rights 
     not in existence on the date of enactment of this subtitle 
     with respect to the wilderness areas.
       ``(4) New projects.--
       ``(A) Definition of water resource facility.--
       ``(i) In general.--In this paragraph, the term `water 
     resource facility' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, transmission 
     and other ancillary facilities, and other water diversion, 
     storage, and carriage structures.
       ``(ii) Exclusion.--In this paragraph, the term `water 
     resource facility' does not include wildlife guzzlers.
       ``(B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this subtitle, on and after the date 
     of enactment of this subtitle, neither the President nor any 
     other officer, employee, or agent of the United States shall 
     fund, assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within a 
     wilderness area.
       ``(h) Wildfire Management.--In accordance with section 4 of 
     the Wilderness Act (16 U.S.C. 1133), nothing in this section 
     precludes a Federal, State, or local agency from conducting 
     wildfire management operations (including operations using 
     aircraft or mechanized equipment) to manage wildfires in a 
     wilderness area.
       ``(i) Data Collection.--Subject to such terms and 
     conditions as the Secretary of the Interior may prescribe, 
     nothing in this section precludes the installation and 
     maintenance of hydrologic, meteorological, or climatological 
     collection devices in a wilderness area, if the Secretary of 
     the Interior determines that the facilities and access to the 
     facilities are essential to flood warning, flood control, or 
     water reservoir operation activities.

     ``SEC. 2995. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING 
                   ROADS AND RIGHTS-OF-WAY.

       ``(a) Road Reconstruction.--The Secretary of the Navy shall 
     be responsible for the timely--
       ``(1) reconstruction of--
       ``(A) Lone Tree Road leading to the B-16 Range; and
       ``(B) State Highway 361; and
       ``(2) relocation of--
       ``(A) Sand Canyon/Red Mountain Roads, consistent with 
     alternative 2A, as described in the Final FRTC Road 
     Realignment Study dated March 14, 2022;
       ``(B) Pole Line Road, consistent with alternative 3B, as 
     described in the Final FRTC Road Realignment Study dated 
     March 14, 2022.
       ``(b) Existing Roads and Rights-of-way.--The withdrawal and 
     reservation of land made by section 2981 shall not be 
     construed to affect the following roads and associated 
     rights-of-way:
       ``(1) United States Highways 50 and 95.
       ``(2) State Routes 121 and 839.
       ``(3) The Churchill County, Nevada, roads identified as 
     Simpson Road, East County Road, Earthquake Fault Road, and 
     Fairview Peak Road.
       ``(c) New Rights-of-way.--The Secretary of the Navy, in 
     coordination with the Secretary of the Interior, shall be 
     responsible for the timely grant of new rights-of-way for 
     Sand Canyon/Red Mountain Road, Pole Line Road, and East 
     County Road to the appropriate County.
       ``(d) I-11 Corridors.--The Secretary of the Interior shall 
     manage the land located within the `Churchill County 
     Preferred I-11 Corridor' and `NDOT I-11 Corridor' as depicted 
     on the map entitled `Churchill County Proposed Fallon Range 
     Training Complex Modernization and Lands Bill' and dated 
     September 30, 2022, in accordance with this section.
       ``(e) Public Availability of Map.--A copy of the map 
     described in section 2981(b) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Bureau of Land Management.
       ``(f) Withdrawal of Land.--Any valid rights in existence on 
     the date of enactment of this subtitle, the land located 
     within the corridors described in [_____] is withdrawn from--
       ``(1) location and entry under the mining laws; and
       ``(2) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       ``(g) Termination of Withdrawal.--A withdrawal under 
     subsection (f) shall terminate on the date on which--
       ``(1) the Secretary of the Interior, in coordination with 
     Churchill County, Nevada, terminates the withdrawal; or
       ``(2) the applicable corridor or land is patented.
       ``(h) RS 2477 Claims.--The withdrawal and reservation of 
     land by section 2981 shall not be construed to obstruct or 
     interfere with the ability of Churchill County, Nevada, to 
     seek adjudication of claims concerning existing county roads 
     under section 2477 of the Revised Statutes (43 U.S.C. 932), 
     as in effect prior to being repealed by section 706(a) of the 
     Federal Land Policy and Management Act of 1976 (Public Law 
     94-579; 90 Stat. 2793).
       ``(i) Access.--Roads shown on the map described in section 
     2981(b) as an existing minor county road shall be available 
     for managed access consistent with the purposes of the 
     withdrawal.
       ``(j) Treatment of the Westside Energy Corridor.--
       ``(1) In general.--Nothing in section 2981 shall be 
     construed to restrict the development of high voltage 
     electrical power utility lines within the portion of the 
     designated Westside Energy Corridor that is located outside 
     of the B-16 Range.
       ``(2) Transmission line.--The Secretary of the Navy shall 
     allow 1 transmission line within that portion of the 
     designated Westside Energy Corridor that is located within 
     the B-16 Range nearest the existing transmission line 
     adjacent to the western boundary of the B-16 Range.
       ``(3) Future transmission line.--If the Secretary of the 
     Navy and the Secretary of the Interior determine that 
     additional transmission lines cannot be accommodated outside 
     of the B-16 Range, to the extent practicable, the Secretary 
     of the Navy shall allow the construction of a new 
     transmission line as close as practicable to the existing 
     transmission line.

     ``SEC. 2996. SAGE GROUSE STUDY.

       ``(a) In General.--The Secretary of the Navy, in 
     consultation with the State of Nevada, shall conduct a study 
     to further assess greater sage grouse reactions to military 
     overflights.
       ``(b) Determination.--If the Secretary of the Navy 
     determines under the study under subsection (a) that greater 
     sage grouse in the area impacted by the modernization are 
     impacted by aircraft overflights, the Secretary of the Navy 
     shall implement mitigations and adaptive management 
     activities, in coordination with the State of Nevada and the 
     United States Fish and Wildlife Service, before operational 
     use of the air space by the Armed Forces over the land of the 
     impacted habitat.

     ``SEC. 2997. TREATMENT OF LIVESTOCK GRAZING PERMITS.

       ``(a) In General.--The Secretary of the Navy shall notify 
     holders of grazing allotments impacted by the withdrawal and 
     reservation of land under section 2981 and, if practicable, 
     assist the holders of the grazing allotments in obtaining 
     replacement forage.
       ``(b) Revisions to Allotment Plans.--The Secretary of the 
     Navy shall reimburse the Bureau of Land Management for 
     grazing program-related administrative costs reasonably 
     incurred by the Bureau of Land Management due to the 
     withdrawal and reservation of land under section 2981.
       ``(c) Alternative to Replacement Forage.--If replacement 
     forage cannot be identified under subsection (a), the 
     Secretary of the Navy shall make full and complete payments 
     to Federal grazing permit holders for all losses suffered by 
     the permit holders as a result of the withdrawal or other use 
     of former Federal grazing land for national defense purposes 
     pursuant to the Act of June 28, 1934 (commonly known as the 
     `Taylor Grazing Act') (48 Stat. 1269, chapter 865; 43 U.S.C. 
     315 et seq.).
       ``(d) Notification and Payment.--The Secretary of the Navy 
     shall--
       ``(1) notify, by certified mail, holders of grazing 
     allotments that are terminated; and
       ``(2) compensate the holders of grazing allotments 
     described in paragraph (1) for authorized permanent 
     improvements associated with the allotments.
       ``(e) Payment.--For purposes of calculating and making a 
     payment to a Federal grazing permit holder under this section 
     (including the conduct of any appraisals required to 
     calculate the amount of the payment)--
       ``(1) the Secretary of the Navy shall consider the 
     permanent loss of the applicable Federal grazing permit; and
       ``(2) the amount of the payment shall not be limited to the 
     remaining term of the existing Federal grazing permit.

     ``SEC. 2998. TRANSFER OF LAND UNDER THE ADMINISTRATIVE 
                   JURISDICTION OF THE DEPARTMENT OF THE NAVY.

       ``(a) Transfer Required.--Subject to subsection (b), the 
     Secretary of the Navy shall transfer to the Secretary of the 
     Interior, at no cost, administrative jurisdiction of the 
     approximately 86 acres of a noncontiguous parcel of land 
     acquired by the Department of the Navy in Churchill County, 
     Nevada, for inclusion in the Sand Mountain Recreation Area.
       ``(b) Certification With Respect to Environmental 
     Hazards.--Prior to conveying land under subsection (a), the 
     Secretary of the Navy shall certify that the land to be 
     conveyed under that subsection is free from environmental 
     hazards.

     ``SEC. 2999. REDUCTION OF IMPACT OF FALLON RANGE TRAINING 
                   COMPLEX MODERNIZATION.

       ``Consistent with the Department of the Navy's March 12, 
     2020, Record of Decision, the Secretary of the Navy shall 
     carry out the following additional mitigations and other 
     measures set not otherwise included in other sections of this 
     Act to reduce the impact of the modernization of the Fallon 
     Range Training Complex by the Secretary of the Navy on the 
     land and local community:
       ``(1) Develop Memoranda of Agreement or other binding 
     protocols, in coordination with agencies, affected Indian 
     tribes, and other stakeholders, for--
       ``(A) management of that portion of Bureau of Reclamation 
     infrastructure in the B-16 and B-20 Ranges that will be 
     closed to

[[Page S5779]]

     public access but will continue to be managed for flood 
     control; and
       ``(B) access for research, resource management, and other 
     activities within the B-16, B-17, B-19, and B-20 Ranges.
       ``(2) Establish wildlife-friendly fencing to restrict 
     access to the smallest possible area necessary to ensure 
     public safety.
       ``(3)(A) Purchase the impacted portion of the Paiute 
     Pipeline within the B-17 Range.
       ``(B) Relocate the pipeline acquired under subparagraph (A) 
     to a location south of the B-17 Range.
       ``(4) Accommodate permitting and construction of additional 
     utility and infrastructure projects within 3 corridors 
     running parallel to the existing north-south power line in 
     proximity to Nevada Route 121, existing east-west power line 
     north of Highway 50, and the area immediately north of 
     Highway 50 as shown on the map entitled `Churchill County 
     Proposed Fallon Range Training Complex Modernization and 
     Lands Bill' and dated September 30, 2022, subject to the 
     requirement that any project authorized under this paragraph 
     shall complete appropriate Federal and State permitting 
     requirements prior to the accommodation under this paragraph.
       ``(5)(A) Notify holders of mining claims impacted by the 
     modernization by certified mail.
       ``(B) Make payments to the holders of mining claims 
     described in subparagraph (A).
       ``(6) Allow a right-of-way to accommodate I-11 (which could 
     also include a transmission line) if a route is chosen by 
     Churchill County, Nevada, or the State of Nevada that 
     overlaps the northeast corner of the withdrawal area for the 
     B-16 Range.
       ``(7) Revise the applicable range operations manual--
       ``(A) to include Crescent Valley and Eureka as noise-
     sensitive areas; and
       ``(B) to implement a 5-nautical-mile buffer around the 
     towns of Crescent Valley and Eureka.
       ``(8) Implement a 3-nautical-mile airspace exclusion zone 
     over the Gabbs, Eureka, and Crescent Valley airports.
       ``(9) Extend the Visual Flight Rules airspace corridor 
     through the newly established Military Operations Areas on 
     the east side of the Dixie Valley Training Area.
       ``(10) Notify affected water rights holders by certified 
     mail and, if water rights are adversely affected by the 
     modernization and cannot be otherwise mitigated, acquire 
     existing and valid State water rights.
       ``(11) Allow Nevada Department of Wildlife access for 
     spring and wildlife guzzler monitoring and maintenance.
       ``(12) Implement management practices and mitigation 
     measures specifically designed to reduce or avoid potential 
     impacts on surface water and groundwater, such as placing 
     targets outside of washes.
       ``(13) Develop, implement, and compensate the State of 
     Nevada for a wildland fire management plan to ensure fire 
     management, control, and restoration activities are 
     addressed, as appropriate, for the entire expanded range 
     complex.
       ``(14) To the maximum extent practicable and if compatible 
     with mission training requirements, avoid placing targets in 
     biologically sensitive areas identified by the Nevada 
     Department of Wildlife.
       ``(15) In coordination with the Nevada Department of 
     Wildlife, use wildlife-friendly configured four-wire fencing 
     to minimize impacts on wildlife from fencing.
       ``(16) Fund 2 conservation law enforcement officer 
     positions at Naval Air Station Fallon.
       ``(17) Post signs warning the public of any contamination, 
     harm, or risk associated with entry into the withdrawal land.
       ``(18) Enter into an agreement for compensation from the 
     Secretary of the Navy to Churchill County and the counties of 
     Lyon, Nye, Mineral, and Pershing in the State of Nevada to 
     offset any reductions made in payments in lieu of taxes.
       ``(19)(A) Provide for purchase by the Secretary of the Navy 
     of the portion of the Paiute pipeline impacted by the 
     modernization.
       ``(B) Pay for relocation of the existing Paiute pipeline 
     south of the proposed B-17 range on the Fallon Range Training 
     Complex.

     ``SEC. 2999A. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE 
                   COMMITTEE ON JOINT USE BY DEPARTMENT OF THE 
                   NAVY AND DEPARTMENT OF THE INTERIOR OF FALLON 
                   RANGE TRAINING COMPLEX.

       ``The Secretary of the Navy and the Secretary of the 
     Interior shall expand the membership of the intergovernmental 
     executive committee relating to the management of the natural 
     and cultural resources of the withdrawal land to include 
     representatives of Eureka County, Nevada, the Nevada 
     Department of Agriculture, and the Nevada Division of 
     Minerals.

     ``SEC. 2999B. CONVEYANCES AND EXCHANGES.

       ``(a) Definitions.--In this section:
       ``(1) City.--The term `City' means the city of Fallon, 
     Nevada.
       ``(2) Public purpose.--The term `public purpose' includes 
     any of the following:
       ``(A) The construction and operation of a new fire station 
     for Churchill County, Nevada.
       ``(B) The operation or expansion of an existing wastewater 
     treatment facility for Churchill County, Nevada.
       ``(C) The operation or expansion of existing gravel pits 
     and rock quarries of Churchill County, Nevada.
       ``(D) The operation or expansion of an existing City 
     landfill.
       ``(b) Conveyance Required for Public Purposes.--
       ``(1) In general.--Notwithstanding section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712), the Secretary of the Interior shall convey, subject to 
     valid existing rights and paragraph (2), for no 
     consideration, all right, title, and interest of the United 
     States in approximately 6,892 acres of Federal land to 
     Churchill County, Nevada, and 212 acres of land to the City 
     identified as `Public Purpose Conveyances to Churchill County 
     and City of Fallon' on the map entitled `Churchill County 
     Proposed Fallon Range Training Complex Modernization and 
     Lands Bill ' and dated September 30, 2022.
       ``(2) Use.--Churchill County, Nevada, and the City shall 
     use the Federal land conveyed under paragraph (1) for public 
     purposes and the construction and operation of public 
     recreational facilities.
       ``(3) Effect of lack of use of land.--If a parcel of 
     Federal land conveyed to Churchill County, Nevada, under 
     paragraph (1) ceases to be used for public recreation or 
     other public purposes consistent with the Act of June 14, 
     1926 (commonly known as the `Recreation and Public Purposes 
     Act'; 43 U.S.C. 869 et seq.), the parcel of Federal land 
     shall, at the discretion of the Secretary of the Interior, 
     revert to the United States.
       ``(c) Exchange.--The Secretary of the Interior shall seek 
     to enter into an agreement for an acre-for-acre exchange with 
     Churchill County, Nevada, for all Churchill County, Nevada, 
     land within the Fallon National Wildlife Refuge and the B-20 
     Range at the Fallon Range Training Complex in exchange for 
     Department of the Interior land designated as exchange 
     acreage on the map entitled `Churchill County Proposed Fallon 
     Range Training Complex Modernization and Lands Bill' and 
     dated September 30, 2022.

     ``SEC. 2999C. CHECKERBOARD RESOLUTION.

       ``(a) In General.--The Secretary of the Interior, in 
     consultation with Churchill County, Nevada, and landowners in 
     Churchill County, Nevada, and after providing an opportunity 
     for public comment, shall seek to consolidate Federal land 
     and non-Federal land ownership in Churchill County, Nevada.
       ``(b) Land Exchanges.--
       ``(1) Land exchange authority.--To the extent practicable, 
     the Secretary of the Interior shall offer to exchange land 
     identified for exchange under paragraph (3) for private land 
     in Churchill County, Nevada, that is adjacent to Federal land 
     in Churchill County, Nevada, if the exchange would 
     consolidate land ownership and facilitate improved land 
     management in Churchill County, Nevada, as determined by the 
     Secretary of the Interior.
       ``(2) Applicable law.--Except as otherwise provided in this 
     section, a land exchange under this section shall be 
     conducted in accordance with--
       ``(A) section 206 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1716); and
       ``(B) any other applicable law.
       ``(3) Identification of federal land for exchange.--Subject 
     to subsection (d), the Secretary of the Interior shall 
     identify Federal land in Churchill County, Nevada, managed by 
     the Commissioner of Reclamation and Federal land in Churchill 
     County, Nevada, managed by the Director of the Bureau of Land 
     Management to offer for exchange from Federal land identified 
     as potentially suitable for disposal in an applicable 
     resource management plan.
       ``(c) Equal Value Land Exchanges.--
       ``(1) In general.--Land to be exchanged under this section 
     shall be of equal value, based on appraisals prepared in 
     accordance with--
       ``(A) the Uniform Standards for Professional Land 
     Acquisitions; and
       ``(B) the Uniform Standards of Professional Appraisal 
     Practice.
       ``(2) Use of mass appraisals.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary of the Interior may use a mass appraisal to 
     determine the value of land to be exchanged under this 
     section, if the Secretary of the Interior determines that the 
     land to be subject to the mass appraisal is of similar 
     character and value.
       ``(B) Exclusion.--The Secretary of the Interior shall 
     exclude from a mass appraisal under subparagraph (A) any 
     land, the value of which is likely to exceed $250 per acre, 
     as determined by the Secretary of the Interior.
       ``(C) Availability.--The Secretary of the Interior shall 
     make the results of a mass appraisal conducted under 
     subparagraph (A) available to the public.
       ``(d) Identification Process.--
       ``(1) In general.--Subject to subsection (g), the Secretary 
     of the Interior, in consultation with Churchill County, 
     Nevada, and after providing an opportunity for public 
     comment, shall identify Federal land in Churchill County, 
     Nevada, managed by the Commissioner of Reclamation and 
     Federal land in Churchill County, Nevada, managed by the 
     Director of the Bureau of Land Management to offer for sale 
     from Federal land identified as potentially suitable for 
     disposal in an applicable resource management plan.
       ``(2) Postponement or exclusion.--
       ``(A) On request of county.--At the request of Churchill 
     County, Nevada, the Secretary of the Interior shall--
       ``(i) postpone a sale of Federal land under this section; 
     or
       ``(ii) exclude from the sale all or a portion of Federal 
     land identified for sale under this section.

[[Page S5780]]

       ``(B) At discretion of secretary of the interior.--Nothing 
     in this section prohibits the Secretary of the Interior 
     from--
       ``(i) postponing a sale of Federal land under this section; 
     or
       ``(ii) excluding all or a portion of Federal land 
     identified for sale under this section.
       ``(3) Valid existing rights.--A sale of Federal land under 
     this section is subject to valid existing rights.
       ``(e) Method of Sale.--A sale of Federal land under 
     [subsection (d)] shall be--
       ``(1) consistent with section 203 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1713);
       ``(2) through a competitive bidding process, unless 
     otherwise determined by the Secretary of the Interior; and
       ``(3) for not less than fair market value.
       ``(f) Limitation.--Not more than a total of 50,000 acres of 
     Federal land in Churchill County, Nevada, shall be sold under 
     this subsection.
       ``(g) Management Priority Areas.--Not later than 1 year 
     after the date of enactment of this subtitle, the Secretary 
     of the Interior shall identify management priority areas on 
     Federal land in Churchill County, Nevada, that--
       ``(1) include greater sage-grouse habitat;
       ``(2)(A) are designated as critical habitat;
       ``(B) are part of an identified wildlife corridor; or
       ``(C) contain significant wetlands or riparian wildlife 
     habitat;
       ``(3) are within the boundary of--
       ``(A) a unit of the National Wildlife Refuge System;
       ``(B) a National Conservation Area; or
       ``(C) a component of the National Wilderness Preservation 
     System;
       ``(4)(A) have value for outdoor recreation; or
       ``(B) provide public access for recreational hunting, 
     fishing, or other recreational purposes that cannot be 
     otherwise mitigated;
       ``(5)(A) contain resources that are listed on, or eligible 
     for inclusion on, the National Register of Historic Places; 
     or
       ``(B) have significant cultural, historic, ecological, or 
     scenic value; or
       ``(6) would improve Federal land management.
       ``(h) Identification of Additional Management Priority 
     Areas.--As the Secretary of the Interior determines to be 
     appropriate, the Secretary of the Interior may identify 
     additional management priority areas in Churchill County, 
     Nevada, after the date on which the identification under 
     subsection (g) is completed.
       ``(i) Management.--Nothing in this section modifies the 
     management of an area identified as a management priority 
     area under this section based on the identification.
       ``(j) Management Priority Areas Excluded From Sale or 
     Exchange.--Federal land identified as a management priority 
     area under this section--
       ``(1) shall be retained in Federal ownership; and
       ``(2) shall not be available for disposal or conveyance, 
     including by sale or exchange, under this section.
       ``(k) Interim Withdrawal.--Subject to valid existing rights 
     and mining claims for which the claim maintenance fee has 
     been paid in the applicable assessment year, effective on the 
     date on which a parcel of Federal land is identified for 
     exchange under subsection (b)(3) or sale under subsection 
     (d)(1), the parcel of Federal land is withdrawn from--
       ``(1) all forms of entry and appropriation under the public 
     land laws;
       ``(2) location, entry, and patent under the mining laws; 
     and
       ``(3) operation of the mineral and mineral materials 
     leasing laws.
       ``(l) Termination of Withdrawal.--The withdrawal of a 
     parcel of Federal land under subsection (k) shall terminate--
       ``(1)(A) on the date of sale; or
       ``(B) in the case of exchange, the date of the conveyance 
     of the title to the Federal land covered by the exchange;
       ``(2) with respect to any parcel of Federal land identified 
     for exchange under subsection (b)(3) or sale under subsection 
     (d)(1) that is not exchanged or sold, not later than 2 years 
     after the date the parcel of Federal land was offered for 
     exchange or sale under this section; or
       ``(3) on a different date mutually agreed to by the 
     Secretary of the Interior and Churchill County, Nevada.
       ``(m) Disposition of Proceeds.--Of the proceeds from the 
     sale of Federal land under subsection (d)--
       ``(1) 5 percent shall be disbursed to the State of Nevada 
     for use in the general education program of the State of 
     Nevada; and
       ``(2) the remainder shall be deposited in a special account 
     in the Treasury of the United States, to be known as the 
     `Churchill County Special Account', which shall be available 
     to the Secretary of the Interior, without further 
     appropriation, for--
       ``(A) the reimbursement of costs incurred by the Secretary 
     of the Interior in preparing for a sale or exchange of 
     Federal land under this section; and
       ``(B) the acquisition of land (including interests in land) 
     in Churchill County, Nevada--
       ``(i) for inclusion in a component of the National 
     Wilderness Preservation System or a national conservation 
     area designated by this subtitle;
       ``(ii) that protects other environmentally significant 
     land;
       ``(iii) that is identified as a management priority area 
     under subsection (g); or
       ``(iv) that secures public access to Federal land for 
     hunting, fishing, and other recreational purposes.
       ``(n) Limitation.--The proceeds from the sale of Federal 
     land under subsection (d) shall not be used for the 
     acquisition of any water rights.

     ``SEC. 2999C. TRIBAL LIAISON OFFICE.

       ``The Secretary of the Navy shall establish and maintain a 
     dedicated Tribal liaison position at Naval Air Station 
     Fallon.

     ``SEC. 2999D. TERMINATION OF PRIOR WITHDRAWAL.

       ``Notwithstanding section 2842 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283) and section 3015 of the Military 
     Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
     65), the withdrawal and reservation under section 3011(a) of 
     that Act is terminated.

     ``SEC. 2999E. DURATION OF WITHDRAWAL AND RESERVATION.

       ``The withdrawal and reservation of public land by section 
     2981 shall terminate on November 6, 2047.

     ``SEC. 2999F. DIXIE VALLEY WATER PROJECT.

       ``(a) Continuation of Project.--The withdrawal of land 
     authorized by section 2981(a)(2) shall not interfere with the 
     Churchill County Dixie Valley Water Project.
       ``(b) Permitting.--On application by Churchill County, 
     Nevada, the Secretary of the Navy shall concur with the 
     Churchill County Dixie Valley Water Project and, in 
     collaboration with the Secretary of the Interior, complete 
     any permitting necessary for the Dixie Valley Water Project, 
     subject to the public land laws and environmental review.
       ``(c) Compensation.--The Secretary of the Navy shall 
     compensate Churchill County, Nevada, for any cost increases 
     for the Dixie Valley Water Project that result from any 
     design features required by the Secretary of the Navy to be 
     included in the Dixie Valley Water Project.

     ``SEC. 2999G. WATER.

       `` The Secretary of the Navy shall comply with the 
     Memorandum of Understanding between the Department of the 
     Navy and the United States Fish and Wildlife Service dated 
     July 26, 1995, requiring the Department of the Navy to limit 
     water rights to the maximum extent practicable, consistent 
     with safety operations for Naval Air Station Fallon, Nevada, 
     not more than 4,402 acre-feet of water per year.''.

                  TITLE LI--RUBY MOUNTAINS PROTECTION

     SEC. 5101. WITHDRAWAL OF CERTAIN NATIONAL FOREST SYSTEM LAND.

       (a) Withdrawal.--Subject to valid existing rights, the 
     approximately 309,272 acres of Federal land and interests in 
     the land located in the Ruby Mountains subdistrict of the 
     Humboldt-Toiyabe National Forest within the area depicted on 
     the Forest Service map entitled ``S. 258 Ruby Mountains 
     Protective Act'' and dated December 5, 2019, as ``National 
     Forest System Lands'' are withdrawn from all forms of 
     operation under the mineral leasing laws.
       (b) Application.--Any land or interest in land within the 
     boundary of the Ruby Mountains subdistrict of the Humboldt-
     Toiyabe National Forest that is acquired by the United States 
     after the date of enactment of this Act shall be withdrawn in 
     accordance with subsection (a).
       (c) Availability of Map.--The map described in subsection 
     (a) shall be on file and available for public inspection in 
     the appropriate offices of the Forest Service.

     SEC. 5102. WITHDRAWAL OF CERTAIN NATIONAL WILDLIFE REFUGE 
                   SYSTEM LAND.

       (a) Withdrawal.--
       (1) In general.--Subject to valid existing rights, the 
     approximately 39,926.10 acres of Federal land and interests 
     in the land located in the Ruby Lake National Wildlife Refuge 
     and depicted on the United States Fish and Wildlife Service 
     map entitled ``S. XXX Ruby Mountains Protection Act'' and 
     dated February 23, 2021, as ``Ruby Lake National Wildlife 
     Refuge'' are withdrawn from all forms of operation under the 
     mineral leasing laws, subject to paragraph (2).
       (2) Exception.--The withdrawal under paragraph (1) shall 
     not apply to noncommercial refuge management activities by 
     the United States Fish and Wildlife Service.
       (b) Application.--Any land or interest in land within the 
     boundary of the Ruby Lake National Wildlife Refuge that is 
     acquired by the United States after the date of enactment of 
     this Act shall be withdrawn in accordance with subsection 
     (a).
       (c) Availability of Map.--The map described in subsection 
     (a)(1) shall be on file and available for public inspection 
     in the appropriate offices of the United States Fish and 
     Wildlife Service.

    TITLE LII--PERSHING COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION

     SEC. 5201. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Pershing County, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Nevada.
       (4) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area designated by section 5221(a).

                Subtitle A--Checkerboard Land Resolution

     SEC. 5211. DEFINITIONS.

       In this subtitle:

[[Page S5781]]

       (1) Eligible land.--The term ``eligible land'' means any 
     land administered by the Director of the Bureau of Land 
     Management--
       (A) that is within the area identified on the Map as 
     ``Checkerboard Lands Resolution Area'' that is designated for 
     disposal by the Secretary through--
       (i) the Winnemucca Consolidated Resource Management Plan; 
     or
       (ii) any subsequent amendment or revision to the management 
     plan that is undertaken with full public involvement; and
       (B) that is not encumbered land.
       (2) Encumbered land.--The term ``encumbered land'' means 
     any land administered by the Director of the Bureau of Land 
     Management within the area identified on the Map as 
     ``Checkerboard Lands Resolution Area'' that is encumbered by 
     mining claims, millsites, or tunnel sites.
       (3) Map.--The term ``Map'' means the map prepared under 
     section 5212(b)(1).
       (4) Qualified entity.--The term ``qualified entity'' means, 
     with respect to a portion of encumbered land--
       (A) the owner of a mining claim, millsite, or tunnel site 
     located on a portion of the encumbered land on the date of 
     enactment of this Act; and
       (B) a successor in interest of an owner described in 
     subparagraph (A).

     SEC. 5212. SALE OR EXCHANGE OF ELIGIBLE LAND.

       (a) Authorization of Conveyance.--Notwithstanding sections 
     202, 203, 206, and 209 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719), as 
     soon as practicable after the date of enactment of this Act, 
     the Secretary, in accordance with this title and any other 
     applicable law and subject to valid existing rights, shall 
     conduct sales or exchanges of the eligible land.
       (b) Map.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map that 
     depicts the boundaries of the land identified for disposal 
     under this title, to be identified as the ``Checkerboard 
     Lands Resolution Area'' on the Map.
       (2) Minor corrections.--The Secretary, in consultation with 
     the County, may correct minor errors in the Map.
       (c) Joint Selection Required.--After providing public 
     notice, the Secretary and the County shall jointly select 
     parcels of eligible land to be offered for sale or exchange 
     under subsection (a).
       (d) Method of Sale.--A sale of eligible land under 
     subsection (a) shall be--
       (1) consistent with subsections (d) and (f) of section 203 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1713);
       (2) conducted through a competitive bidding process, under 
     which adjoining landowners are offered the first option, 
     unless the Secretary determines there are suitable and 
     qualified buyers that are not adjoining landowners; and
       (3) for not less than fair market value, based on an 
     appraisal in accordance with the Uniform Standards of 
     Professional Appraisal Practice and this title.
       (e) Land Exchanges.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and subject to the joint selection 
     requirements under subsection (c), the Secretary shall offer 
     to exchange all eligible land under this section for private 
     land.
       (2) Adjacent land.--To the extent practicable, the 
     Secretary shall seek to enter into agreements with one or 
     more owners of private land adjacent to the eligible land for 
     the exchange of the private land for the eligible land, if 
     the Secretary determines that the exchange would consolidate 
     Federal land ownership and facilitate improved Federal land 
     management.
       (3) Priority land exchanges.--In acquiring private land 
     under this subsection, the Secretary shall give priority to 
     the acquisition of private land in higher-value natural 
     resource areas in the County.
       (f) Mass Appraisals.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary shall--
       (A) conduct a mass appraisal of eligible land to be sold or 
     exchanged under this section;
       (B) prepare an evaluation analysis for each land 
     transaction under this section; and
       (C) make available to the public the results of the mass 
     appraisals conducted under subparagraph (A).
       (2) Use.--The Secretary may use mass appraisals and 
     evaluation analyses conducted under paragraph (1) to 
     facilitate exchanges of eligible land for private land.
       (g) Deadline for Sale or Exchange; Exclusions.--
       (1) Deadline.--Not later than 90 days after the date on 
     which the eligible land is jointly selected under subsection 
     (c), the Secretary shall offer for sale or exchange the 
     parcels of eligible land jointly selected under that 
     subsection.
       (2) Postponement or exclusion.--The Secretary or the County 
     may postpone, or exclude from, a sale or exchange of all or a 
     portion of the eligible land jointly selected under 
     subsection (c) for emergency ecological or safety reasons.
       (h) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     mining claims, millsites, and tunnel sites, effective on the 
     date on which a parcel of eligible land is jointly selected 
     under subsection (c) for sale or exchange, that parcel is 
     withdrawn from--
       (A) all forms of entry and appropriation under the public 
     land laws, including the mining laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing and geothermal leasing 
     laws.
       (2) Termination.--The withdrawal of a parcel of eligible 
     land under paragraph (1) shall terminate--
       (A) on the date of sale or, in the case of exchange, the 
     conveyance of title of the parcel of eligible land under this 
     section; or
       (B) with respect to any parcel of eligible land selected 
     for sale or exchange under subsection (c) that is not sold or 
     exchanged, not later than 2 years after the date on which the 
     parcel was offered for sale or exchange under this section.

     SEC. 5213. SALE OF ENCUMBERED LAND.

       (a) Authorization of Conveyance.--Notwithstanding sections 
     202, 203, 206, and 209 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719), 
     not later than 90 days after the date of enactment of this 
     Act and subject to valid existing rights held by third 
     parties, the Secretary shall offer to convey to qualified 
     entities, for fair market value, the remaining right, title, 
     and interest of the United States, in and to the encumbered 
     land.
       (b) Costs of Sales to Qualified Entities.--As a condition 
     of each conveyance of encumbered land under this section, the 
     qualified entity shall pay all costs related to the 
     conveyance of the encumbered land, including the costs of 
     surveys and other administrative costs associated with the 
     conveyance.
       (c) Offer To Convey.--
       (1) In general.--Not later than 180 days after the date on 
     which the Secretary receives a fair market offer from a 
     qualified entity for the conveyance of encumbered land, the 
     Secretary shall accept the fair market value offer.
       (2) Appraisal.--Fair market value of the interest of the 
     United States in and to encumbered land shall be determined 
     by an appraisal conducted in accordance with the Uniform 
     Standards of Professional Appraisal Practice.
       (d) Conveyance.--Not later than 180 days after the date of 
     acceptance by the Secretary of an offer from a qualified 
     entity under subsection (c)(1) and completion of a sale for 
     all or part of the applicable portion of encumbered land to 
     the qualified entity, the Secretary, by delivery of an 
     appropriate deed, patent, or other valid instrument of 
     conveyance, shall convey to the qualified entity all 
     remaining right, title, and interest of the United States in 
     and to the applicable portion of the encumbered land.
       (e) Merger.--Subject to valid existing rights held by third 
     parties, on delivery of the instrument of conveyance to the 
     qualified entity under subsection (d), the prior interests in 
     the locatable minerals and the right to use the surface for 
     mineral purposes held by the qualified entity under a mining 
     claim, millsite, tunnel site, or any other Federal land use 
     authorization applicable to the encumbered land included in 
     the instrument of conveyance, shall merge with all right, 
     title, and interest conveyed to the qualified entity by the 
     United States under this section to ensure that the qualified 
     entity receives fee simple title to the purchased encumbered 
     land.

     SEC. 5214. DISPOSITION OF PROCEEDS.

       (a) Disposition of Proceeds.--Of the proceeds from the sale 
     of land under this title--
       (1) 5 percent shall be disbursed to the State for use in 
     the general education program of the State;
       (2) 10 percent shall be disbursed to the County for use as 
     determined through normal County budgeting procedures; and
       (3) the remainder shall be deposited in a special account 
     in the Treasury of the United States, to be known as the 
     ``Pershing County Special Account'', which shall be available 
     to the Secretary, in consultation with the County, for--
       (A) the acquisition of land from willing sellers (including 
     interests in land) in the County--
       (i) within a wilderness area;
       (ii) that protects other environmentally significant land;
       (iii) that secures public access to Federal land for 
     hunting, fishing, and other recreational purposes; or
       (iv) that improves management of Federal land within the 
     area identified on the Map as ``Checkerboard Lands Resolution 
     Area''; and
       (B) the reimbursement of costs incurred by the Secretary in 
     preparing for the sale or exchange of land under this title.
       (b) Investment of Special Account.--Any amounts deposited 
     in the special account established under subsection (a)(3)--
       (1) shall earn interest in an amount determined by the 
     Secretary of the Treasury, based on the current average 
     market yield on outstanding marketable obligations of the 
     United States of comparable maturities; and
       (2) may be expended by the Secretary in accordance with 
     this section.
       (c) Reports.--
       (1) In general.--Not later than September 30 of the fifth 
     fiscal year after the date of enactment of this Act, and 
     every 5 fiscal years thereafter, the Secretary shall submit 
     to the State, the County, and the appropriate committees of 
     Congress a report on the operation of the special account 
     established

[[Page S5782]]

     under subsection (a)(3) for the preceding 5 fiscal years.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include, for the fiscal year covered by the report--
       (A) a statement of the amounts deposited into the special 
     account;
       (B) a description of the expenditures made from the special 
     account for the fiscal year, including the purpose of the 
     expenditures;
       (C) recommendations for additional authorities to fulfill 
     the purpose of the special account; and
       (D) a statement of the balance remaining in the special 
     account at the end of the fiscal year.

                      Subtitle B--Wilderness Areas

     SEC. 5221. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following parcels of Federal land 
     in the State are designated as wilderness and as components 
     of the National Wilderness Preservation System:
       (1) Cain mountain wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     12,339 acres, as generally depicted on the map entitled 
     ``Proposed Cain Mountain Wilderness'' and dated February 9, 
     2017.
       (2) Bluewing wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     24,900 acres, as generally depicted on the map entitled 
     ``Proposed Bluewing Wilderness'' and dated February 9, 2017, 
     which shall be known as the ``Bluewing Wilderness''.
       (3) Selenite peak wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     22,822 acres, as generally depicted on the map entitled 
     ``Proposed Selenite Peak Wilderness'' and dated February 9, 
     2017, which shall be known as the ``Selenite Peak 
     Wilderness''.
       (4) Mount limbo wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     11,855 acres, as generally depicted on the map entitled 
     ``Proposed Mt. Limbo Wilderness'' and dated February 9, 2017, 
     which shall be known as the ``Mount Limbo Wilderness''.
       (5) North sahwave wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     13,875 acres, as generally depicted on the map entitled 
     ``Proposed North Sahwave Wilderness'' and dated February 9, 
     2017, which shall be known as the ``North Sahwave 
     Wilderness''.
       (6) Grandfathers wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     35,339 acres, as generally depicted on the map entitled 
     ``Proposed Grandfathers Wilderness'' and dated February 9, 
     2017, which shall be known as the ``Grandfathers 
     Wilderness''.
       (7) Fencemaker wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     14,942 acres, as generally depicted on the map entitled 
     ``Proposed Fencemaker Wilderness'' and dated February 9, 
     2017, which shall be known as the ``Fencemaker Wilderness''.
       (b) Boundary.--The boundary of any portion of a wilderness 
     area that is bordered by a road shall be 100 feet from the 
     centerline of the road.
       (c) 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 each wilderness area.
       (2) Effect.--Each map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     clerical and typographical errors in the map or legal 
     description.
       (3) Availability.--Each map and legal description prepared 
     under paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (4) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas designated by subsection (a) are withdrawn 
     from--
       (A) all forms of entry, appropriation, and 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.

     SEC. 5222. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that with respect to the wilderness areas--
       (1) any reference in that Act to the effective date 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) Livestock.--The grazing of livestock in the wilderness 
     areas, if established before the date of enactment of this 
     Act, shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices as the Secretary 
     considers to be necessary in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (House Report 101-405).
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundary of a wilderness area 
     that is acquired by the United States after the date of 
     enactment of this Act shall be added to and administered as 
     part of the wilderness area.
       (d) Adjacent Management.--
       (1) In general.--Congress does not intend for the 
     designation of the wilderness areas to create protective 
     perimeters or buffer zones around the wilderness areas.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area shall not preclude the conduct of those 
     activities or uses outside the boundary of the wilderness 
     area.
       (e) Military Overflights.--Nothing in this title restricts 
     or precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas, including military overflights that can be 
     seen or heard within the wilderness areas;
       (2) flight testing and evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military flight training 
     routes, over the wilderness areas.
       (f) Wildfire, Insect, and Disease Management.--In 
     accordance with section 4(d)(1) of the Wilderness Act (16 
     U.S.C. 1133(d)(1)), the Secretary may take such measures in 
     the wilderness areas as are necessary for the control of 
     fire, insects, and diseases (including, as the Secretary 
     determines to be appropriate, the coordination of the 
     activities with a State or local agency).
       (g) 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 data 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.
       (h) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the wilderness areas are located--
       (i) in the semiarid region of the Great Basin; and
       (ii) at the headwaters of the streams and rivers on land 
     with respect to which there are few, if any--

       (I) actual or proposed water resource facilities located 
     upstream; and
       (II) opportunities for diversion, storage, or other uses of 
     water occurring outside the land that would adversely affect 
     the wilderness values of the land;

       (B) the wilderness areas are generally not suitable for use 
     or development of new water resource facilities; and
       (C) because of the unique nature of the wilderness areas, 
     it is possible to provide for proper management and 
     protection of the wilderness and other values of land in ways 
     different from those used in other laws.
       (2) Purpose.--The purpose of this section is to protect the 
     wilderness values of the wilderness areas by means other than 
     a federally reserved water right.
       (3) Statutory construction.--Nothing in this title--
       (A) constitutes an express or implied reservation by the 
     United States of any water or water rights with respect to 
     the wilderness areas;
       (B) affects any water rights in the State (including any 
     water rights held by the United States) in existence on the 
     date of enactment of this Act;
       (C) establishes a precedent with regard to any future 
     wilderness designations;
       (D) affects the interpretation of, or any designation made 
     under, any other Act; or
       (E) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among and between the State and other States.
       (4) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of State law in order 
     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the wilderness 
     areas.
       (5) New projects.--
       (A) Definition of water resource facility.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, transmission 
     and other ancillary facilities, and other water diversion, 
     storage, and carriage structures.
       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this subtitle, on and after the date 
     of enactment of this Act, neither the President nor any other 
     officer, employee, or agent of the United States shall fund, 
     assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within the 
     wilderness areas.
       (i) Temporary Telecommunications Device.--
       (1) In general.--Nothing in this title prevents the 
     placement of a temporary telecommunications device for law 
     enforcement or agency administrative purposes in the

[[Page S5783]]

     Selenite Peak Wilderness in accordance with paragraph (2).
       (2) Additional requirements.--Any temporary 
     telecommunications device authorized by the Secretary under 
     paragraph (1) shall--
       (A) be carried out in accordance with--
       (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (ii) all other applicable laws (including regulations);
       (B) to the maximum practicable, be located in such a manner 
     as to minimize impacts on the recreational and other 
     wilderness values of the area; and
       (C) be for a period of not longer than 7 years.

     SEC. 5223. WILDLIFE MANAGEMENT.

       (a) 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 or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     wilderness areas.
       (b) 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 in 
     the wilderness areas that are necessary to maintain or 
     restore fish and wildlife populations and the habitats to 
     support the populations, if the activities are carried out--
       (1) consistent with relevant wilderness management plans; 
     and
       (2) in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (B) appropriate policies, such as those set forth 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 (House Report 101-405), 
     including noxious weed treatment and 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 with the minimal impact necessary to 
     reasonably 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 in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of the Committee on Interior and Insular 
     Affairs of the House of Representatives accompanying H.R. 
     2570 of the 101st Congress (House Report 101-405), the State 
     may continue to use aircraft, including helicopters, to 
     survey, capture, transplant, monitor, and provide water for 
     wildlife populations.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas if--
       (1) the structures and facilities will, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable, and more naturally distributed wildlife 
     populations; and
       (2) the visual impacts of the structures and facilities on 
     the wilderness areas can reasonably be minimized.
       (e) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary may designate areas in 
     which, and establish periods during which, for reasons of 
     public safety, administration, or compliance with applicable 
     laws, no hunting, fishing, or trapping will be permitted in 
     the wilderness areas.
       (2) Consultation.--Except in emergencies, the Secretary 
     shall consult with the appropriate State agency and notify 
     the public before taking any action under paragraph (1).
       (f) Cooperative Agreement.--
       (1) In general.--The State, including a designee of the 
     State, may conduct wildlife management activities in the 
     wilderness areas--
       (A) in accordance with the terms and conditions specified 
     in the cooperative agreement between the Secretary and the 
     State entitled ``Memorandum of Understanding between the 
     Bureau of Land Management and the Nevada Department of 
     Wildlife Supplement No. 9'' and signed November and December 
     2003, including any amendments to the cooperative agreement 
     agreed to by the Secretary and the State; and
       (B) subject to all applicable laws (including regulations).
       (2) References; clark county.--For the purposes of this 
     subsection, any references to Clark County in the cooperative 
     agreement described in paragraph (1)(A) shall be considered 
     to be a reference to the wilderness areas.

     SEC. 5224. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the approximately 48,600 acres 
     of public land in the portions of the China Mountain, Mt. 
     Limbo, Selenite Mountains, and Tobin Range wilderness study 
     areas that have not been designated as wilderness by section 
     5221(a) and the portion of the Augusta Mountains wilderness 
     study area within the County that has not been designated as 
     wilderness by section 5221(a) have been adequately studied 
     for wilderness designation.
       (b) Release.--The public land described in subsection (a)--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (2) shall be managed in accordance with the applicable land 
     use plans adopted under section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712).

     SEC. 5225. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       (a) In General.--Nothing in this title alters or diminishes 
     the treaty rights of any Indian Tribe.
       (b) Cultural Uses.--Nothing in this title precludes the 
     traditional collection of pine nuts in a wilderness area for 
     personal, noncommercial use consistent with the Wilderness 
     Act (16 U.S.C. 1131 et seq.).

                       TITLE LIII--LANDER COUNTY

     SEC. 5301. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Lander County, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Nevada.

               Subtitle A--Lander County Land Conveyances

     SEC. 5311. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``Map'' means the map entitled ``Lander 
     County Selected Lands'' and dated August 4, 2020.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary, with respect to land under the 
     jurisdiction of the Secretary; and
       (B) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service, with respect to National Forest System 
     land.

     SEC. 5312. CONVEYANCES TO LANDER COUNTY, NEVADA.

       (a) Conveyance for Watershed Protection, Recreation, and 
     Parks.--Notwithstanding the land use planning requirements of 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 
     60 days after the date on which the County identifies the 
     parcels of Federal land selected by the County for conveyance 
     to the County from among the parcels identified on the Map as 
     ``Lander County Parcels BLM and USFS'', the Secretary 
     concerned shall convey to the County, subject to valid 
     existing rights and for no consideration, all right, title, 
     and interest of the United States in and to the identified 
     parcels of Federal land (including mineral rights) for use by 
     the County for watershed protection, recreation, and parks.
       (b) Conveyance for Airport Facility.--
       (1) In general.--Notwithstanding the land use planning 
     requirements of sections 202 and 203 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the 
     Secretary shall convey to the County, subject to valid 
     existing rights, including mineral rights, all right, title, 
     and interest of the United States in and to the parcels of 
     Federal land identified on the Map as ``Kingston Airport'' 
     for the purpose of improving the relevant airport facility 
     and related infrastructure.
       (2) Costs.--The only costs for the conveyance to be paid by 
     the County under paragraph (1) shall be the survey costs 
     relating to the conveyance.
       (c) Survey.--The exact acreage and legal description of any 
     parcel of Federal land to be conveyed under subsection (a) or 
     (b) shall be determined by a survey satisfactory to the 
     Secretary concerned and the County.
       (d) Reversionary Clause Required.--A conveyance of Federal 
     land under subsection (a) or (b) shall include a reversionary 
     clause to ensure that management of the Federal land conveyed 
     under the applicable subsection shall revert to the Secretary 
     concerned if the Federal land is no longer being managed in 
     accordance with the applicable subsection.
       (e) Map, Acreage Estimates, and Legal Descriptions.--
       (1) Minor errors.--The Secretary concerned and the County 
     may, by mutual agreement--
       (A) make minor boundary adjustments to the parcels of 
     Federal land to be conveyed under subsection (a) or (b); and
       (B) correct any minor errors in--
       (i) the Map; or
       (ii) an acreage estimate or legal description of any parcel 
     of Federal land conveyed under subsection (a) or (b).
       (2) Conflict.--If there is a conflict between the Map, an 
     acreage estimate, or a legal description of Federal land 
     conveyed under subsection (a) or (b), the Map shall control 
     unless the Secretary concerned and the County mutually agree 
     otherwise.
       (3) Availability.--The Secretary shall make the Map 
     available for public inspection in--
       (A) the Office of the Nevada State Director of the Bureau 
     of Land Management; and
       (B) the Bureau of Land Management Battle Mountain Field 
     Office.

               Subtitle B--Lander County Wilderness Areas

     SEC. 5321. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``Map'' means the map entitled ``Lander 
     County Wilderness Areas Proposal'' and dated April 19, 2021.
       (2) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area designated by section 5322(a).

     SEC. 5322. DESIGNATION OF WILDERNESS AREAS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following land in the State is 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:

[[Page S5784]]

       (1) Cain mountain wilderness.--Certain Federal land managed 
     by the Director of the Bureau of Land Management, comprising 
     approximately 6,386 acres, as generally depicted as ``Cain 
     Mountain Wilderness'' on the Map, which shall be known as the 
     ``Cain Mountain Wilderness''.
       (2) Desatoya mountains wilderness.--Certain Federal land 
     managed by the Director of the Bureau of Land Management, 
     comprising approximately 7,766 acres, as generally depicted 
     as ``Desatoya Mountains Wilderness'' on the Map, which shall 
     be known as the ``Desatoya Mountains Wilderness''.
       (b) Boundary.--The boundary of any portion of a wilderness 
     area that is bordered by a road shall be 100 feet from the 
     centerline of the road.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file with, and 
     make available for inspection in, the appropriate offices of 
     the Bureau of Land Management, a map and legal description of 
     each wilderness area.
       (2) Effect.--Each map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this subtitle, except that the Secretary may 
     correct clerical and typographical errors in the map or legal 
     description.
       (d) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.

     SEC. 5323. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that with respect to the wilderness areas--
       (1) any reference in that Act to the effective date 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) Livestock.--The grazing of livestock in the wilderness 
     areas, if established before the date of enactment of this 
     Act, shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices as the Secretary 
     considers to be necessary in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (House Report 101-405).
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundary of a wilderness area 
     that is acquired by the United States after the date of 
     enactment of this Act shall be added to, and administered as 
     part of, the wilderness area.
       (d) Adjacent Management.--
       (1) In general.--Congress does not intend for the 
     designation of the wilderness areas to create protective 
     perimeters or buffer zones around the wilderness areas.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from within a 
     wilderness area shall not preclude the conduct of those 
     activities or uses outside the boundary of the wilderness 
     area.
       (e) Military Overflights.--Nothing in this subtitle 
     restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas, including military overflights that can be 
     seen or heard within the wilderness areas;
       (2) flight testing or evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military flight training 
     routes, over the wilderness areas.
       (f) Wildfire, Insect, and Disease Management.--In 
     accordance with section 4(d)(1) of the Wilderness Act (16 
     U.S.C. 1133(d)(1)), the Secretary may take such measures in 
     the wilderness areas as are necessary for the control of 
     fire, insects, and diseases (including, as the Secretary 
     determines to be appropriate, the coordination of the 
     activities with a State or local agency).
       (g) 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 data 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.
       (h) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the wilderness areas are located--
       (i) in the semiarid region of the Great Basin; and
       (ii) at the headwaters of the streams and rivers on land 
     with respect to which there are few, if any--

       (I) actual or proposed water resource facilities located 
     upstream; and
       (II) opportunities for diversion, storage, or other uses of 
     water occurring outside the land that would adversely affect 
     the wilderness values of the land;

       (B) the wilderness areas are generally not suitable for use 
     or development of new water resource facilities; and
       (C) because of the unique nature of the wilderness areas, 
     it is possible to provide for proper management and 
     protection of the wilderness and other values of the land in 
     ways different from the methods used in other laws.
       (2) Purpose.--The purpose of this subsection is to protect 
     the wilderness values of the wilderness areas by means other 
     than a federally reserved water right.
       (3) Statutory construction.--
       (A) No reservation.--Nothing in this subtitle constitutes 
     an express or implied reservation by the United States of any 
     water or water rights with respect to the wilderness areas.
       (B) State rights.--Nothing in this subtitle affects any 
     water rights in the State (including any water rights held by 
     the United States) in existence on the date of enactment of 
     this Act.
       (C) No precedent.--Nothing in this subtitle establishes a 
     precedent with regard to any future wilderness designations.
       (D) No effect on other designations.--Nothing in this 
     subtitle affects the interpretation of, or any designation 
     made under, any other Act.
       (E) No effect on compacts.--Nothing in this subtitle 
     limits, alters, modifies, or amends any interstate compact or 
     equitable apportionment decree that apportions water among 
     and between the State and other States.
       (4) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of State law in order 
     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the wilderness 
     areas.
       (5) New projects.--
       (A) Definition of water resource facility.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means--

       (I) an irrigation or pumping facility;
       (II) a reservoir;
       (III) a water conservation works;
       (IV) an aqueduct, canal, ditch, pipeline, well, hydropower 
     project, or transmission or other ancillary facility; and
       (V) any other water diversion, conservation, storage, or 
     carriage structure.

       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include wildlife guzzlers.
       (B) No licenses or permits.--Except as otherwise provided 
     in this subtitle, on and after the date of enactment of this 
     Act, neither the President nor any other officer, employee, 
     or agent of the United States shall fund, assist, authorize, 
     or issue a license or permit for the development of any new 
     water resource facility within the wilderness areas.

     SEC. 5324. WILDLIFE MANAGEMENT.

       (a) 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 or diminishes the jurisdiction of the State 
     with respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping in the 
     wilderness areas.
       (b) 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 in 
     the wilderness areas that are necessary to maintain or 
     restore fish and wildlife populations and the habitats to 
     support the populations, if the activities are carried out--
       (1) consistent with relevant wilderness management plans; 
     and
       (2) in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (B) appropriate policies, such as those set forth 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 (House Report 101-405), 
     including noxious weed treatment and 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 with the minimal impact necessary to 
     reasonably 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 in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of the Committee on Interior and Insular 
     Affairs of the House of Representatives accompanying H.R. 
     2570 of the 101st Congress (House Report 101-405), the State 
     may continue to use aircraft (including helicopters) to 
     survey, capture, transplant, monitor, and provide water for 
     wildlife populations.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas if--
       (1) the structures and facilities would, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable, and more naturally distributed wildlife 
     populations; and
       (2) the visual impacts of the structures and facilities on 
     the wilderness areas can reasonably be minimized.

[[Page S5785]]

       (e) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary may designate areas in 
     which, and establish periods during which, for reasons of 
     public safety, administration, or compliance with applicable 
     laws, no hunting, fishing, or trapping will be permitted in 
     the wilderness areas.
       (2) Consultation.--Except in emergencies, the Secretary 
     shall consult with the appropriate State agency and notify 
     the public before taking any action under paragraph (1).
       (f) Cooperative Agreement.--
       (1) In general.--The State, including a designee of the 
     State, may conduct wildlife management activities in the 
     wilderness areas--
       (A) in accordance with the terms and conditions specified 
     in the cooperative agreement between the Secretary and the 
     State entitled ``Memorandum of Understanding between the 
     Bureau of Land Management and the Nevada Department of 
     Wildlife Supplement No. 9'' and signed November and December 
     2003, including any amendments to the cooperative agreement 
     agreed to by the Secretary and the State; and
       (B) subject to all applicable laws (including regulations).
       (2) References; clark county.--For the purposes of this 
     subsection, any references to Clark County in the cooperative 
     agreement described in paragraph (1)(A) shall be considered 
     to be a reference to the County.

     SEC. 5325. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the following public land has 
     been adequately studied for wilderness designation:
       (1) The approximately 10,777 acres of the Augusta Mountain 
     Wilderness Study Area within the County that has not been 
     designated as wilderness by section 5322(a).
       (2) The approximately 1,088 acres of the Desatoya 
     Wilderness Study Area within the County that has not been 
     designated as wilderness by section 5322(a).
       (b) Release.--The public land described in subsection (a)--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (2) shall be managed in accordance with the applicable land 
     use plans adopted under section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712).

     SEC. 5326. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       (a) In General.--Nothing in this subtitle alters or 
     diminishes the treaty rights of any Indian Tribe (as defined 
     in section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304)).
       (b) Cultural Uses.--Nothing in this subtitle precludes the 
     traditional collection of pine nuts in a wilderness area for 
     personal, noncommercial use consistent with the Wilderness 
     Act (16 U.S.C. 1131 et seq.).

                       TITLE LIV--DOUGLAS COUNTY

     SEC. 5401. PURPOSE.

       The purpose of this title is to promote conservation, 
     improve public land, and provide for sensible development in 
     Douglas County, Nevada, and for other purposes.

     SEC. 5402. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Douglas County, 
     Nevada.
       (2) Map.--The term ``Map'' means the map entitled ``Douglas 
     County Economic Development and Conservation Act'' and dated 
     October 14, 2019.
       (3) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (4) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to National Forest System land, the 
     Secretary of Agriculture (acting through the Chief of the 
     Forest Service); and
       (B) with respect to land managed by the Bureau of Land 
     Management, including land held for the benefit of the Tribe, 
     the Secretary of the Interior.
       (5) State.--The term ``State'' means the State of Nevada.
       (6) Tribe.--The term ``Tribe'' means the Washoe Tribe of 
     Nevada and California.
       (7) Wilderness.--The term ``Wilderness'' means the Burbank 
     Canyons Wilderness designated by this title.

                 Subtitle A--Land Conveyances and Sales

     SEC. 5411. CONVEYANCE TO STATE OF NEVADA.

       (a) Conveyance.--Subject to valid existing rights, the 
     Secretary concerned shall convey to the State without 
     consideration all right, title, and interest of the United 
     States in and to the land described in subsection (b).
       (b) Description of Land.--The land referred to in 
     subsection (a) is the approximately 67 acres of Forest 
     Service land generally depicted as ``Lake Tahoe-Nevada State 
     Park'' on the Map.
       (c) Costs.--As a condition for the conveyance under 
     subsection (a), all costs associated with such conveyances 
     shall be paid by the State.
       (d) Use of Land.--
       (1) In general.--Any land conveyed to the State under 
     subsection (a) shall be used only for--
       (A) the conservation of wildlife or natural resources; or
       (B) a public park.
       (2) Facilities.--Any facility on the land conveyed under 
     subsection (a) shall be constructed and managed in a manner 
     consistent with the uses described in paragraph (1).
       (e) Reversion.--If any portion of the land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses described in subsection (d), the land shall, at the 
     discretion of the Secretary concerned, revert to the United 
     States.

     SEC. 5412. TAHOE RIM TRAIL.

       (a) In General.--The Secretary of Agriculture, in 
     consultation with the County and other stakeholders, shall 
     develop and implement a cooperative management agreement for 
     the land described in subsection (b)--
       (1) to improve the quality of recreation access by 
     providing additional amenities as agreed on by the Secretary 
     of Agriculture and the County; and
       (2) to conserve the natural resources values.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of the approximately 13 acres of land 
     generally depicted as ``Tahoe Rim Trail North Parcel'' on the 
     Map.

     SEC. 5413. CONVEYANCE TO DOUGLAS COUNTY, NEVADA.

       (a) Definition of Federal Land.--In this section, the term 
     ``Federal land'' means the approximately 7,777 acres of 
     Federal land located in the County that is identified as 
     ``Douglas County Land Conveyances'' on the Map.
       (b) Authorization of Conveyance.--Subject to valid existing 
     rights and notwithstanding the land use planning requirements 
     of section 202 of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1712), not later than 180 days after the 
     date on which the Secretary concerned receives a request from 
     the County for the conveyance of the Federal land, the 
     Secretary concerned shall convey to the County, without 
     consideration, all right, title, and interest of the United 
     States in and to the Federal land.
       (c) Costs.--Any costs relating to the conveyance authorized 
     under subsection (b), including any costs for surveys and 
     other administrative costs, shall be paid by the County.
       (d) Use of Federal Land.--
       (1) In general.--The Federal land conveyed under subsection 
     (b)--
       (A) may be used by the County for flood control or any 
     other public purpose consistent with the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes 
     Act''; 43 U.S.C. 869 et seq.); and
       (B) shall not be disposed of by the County.
       (2) Reversion.--If the Federal land conveyed under 
     subsection (b) is used in a manner inconsistent with 
     paragraph (1), the Federal land shall, at the discretion of 
     the Secretary concerned, revert to the United States.
       (e) Acquisition of Federal Reversionary Interest.--
       (1) Request.--The County may submit to the Secretary 
     concerned a request to acquire the Federal reversionary 
     interest in all or any portion of the Federal land conveyed 
     under this section.
       (2) Appraisal.--
       (A) In general.--Not later than 180 days after the date of 
     receipt of a request under paragraph (1), the Secretary 
     concerned shall complete an appraisal of the Federal 
     reversionary interest in the Federal land requested by the 
     County.
       (B) Requirement.--The appraisal under subparagraph (A) 
     shall be completed in accordance with--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (3) Conveyance required.--
       (A) In general.--If, by the date that is 1 year after the 
     date of completion of the appraisal under paragraph (2), the 
     County submits to the Secretary concerned an offer to acquire 
     the Federal reversionary interest requested under paragraph 
     (1), the Secretary concerned, by not later than the date that 
     is 30 days after the date on which the offer is submitted, 
     shall convey to the County that reversionary interest.
       (B) Consideration.--As consideration for the conveyance of 
     the Federal reversionary interest under subparagraph (A), the 
     County shall pay to the Secretary concerned an amount equal 
     to the appraised value of the Federal reversionary interest, 
     as determined under paragraph (2).
       (C) Costs of conveyance.--Any costs relating to the 
     conveyance under subparagraph (A), including any costs for 
     surveys and other administrative costs, shall be paid by the 
     Secretary concerned.
       (4) Disposition of proceeds.--Any amounts collected under 
     this subsection shall be disposed of in accordance with 
     section 5414(i).
       (f) Revocation of Orders.--Any public land order that 
     withdraws any of the land described in subsection (a) from 
     appropriation or disposal under a public land law shall be 
     revoked to the extent necessary to permit disposal of that 
     land.

     SEC. 5414. SALE OF CERTAIN FEDERAL LAND.

       (a) In General.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712, 1713), the Secretary concerned shall, in accordance 
     with the other provisions of that Act and any other 
     applicable law, and subject to valid existing rights, conduct 
     one or more sales of the Federal land including mineral 
     rights described in subsection (b) to qualified bidders.

[[Page S5786]]

       (b) Description of Land.--The Federal land referred to in 
     subsection (a) consists of--
       (1) the approximately 59.5 acres of public land generally 
     depicted as ``Lands for Disposal'' on the Map; and
       (2) not more than 10,000 acres of land in the County that--
       (A) is not segregated or withdrawn on or after the date of 
     enactment of this Act, unless the land is withdrawn in 
     accordance with subsection (g); and
       (B) is identified for disposal by the Secretary concerned 
     through--
       (i) the Carson City Consolidated Resource Management Plan; 
     or
       (ii) any subsequent amendment to the management plan that 
     is undertaken with full public involvement.
       (c) Joint Selection Required.--The Secretary concerned and 
     the County shall jointly select which parcels of the Federal 
     land described in subsection (b)(2) to offer for sale under 
     subsection (a).
       (d) Compliance With Local Planning and Zoning Laws.--Before 
     carrying out a sale of Federal land under subsection (a), the 
     County shall submit to the Secretary concerned a 
     certification that qualified bidders have agreed to comply 
     with--
       (1) County zoning ordinances; and
       (2) any master plan for the area approved by the County.
       (e) Method of Sale.--The sale of Federal land under 
     subsection (a) shall be--
       (1) sold through a competitive bidding process, unless 
     otherwise determined by the Secretary concerned; and
       (2) for not less than fair market value.
       (f) Recreation and Public Purposes Act Conveyances.--
       (1) In general.--Not later than 30 days before any land 
     described in subsection (b) is offered for sale under 
     subsection (a), the State or County may elect to obtain the 
     land for public purposes in accordance with the Act of June 
     14, 1926 (commonly known as the ``Recreation and Public 
     Purposes Act''; 43 U.S.C. 869 et seq.).
       (2) Retention.--Pursuant to an election made under 
     paragraph (1), the Secretary concerned shall retain the 
     elected land for conveyance to the State or County in 
     accordance with the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act''; 43 U.S.C. 869 et 
     seq.).
       (g) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), the Federal land 
     described in subsection (b) is withdrawn from--
       (A) all forms of 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.
       (2) Termination.--The withdrawal under paragraph (1) shall 
     be terminated--
       (A) on the date of sale or conveyance of title to the land 
     including mineral rights described in subsection (b) pursuant 
     to this title; or
       (B) with respect to any land described in subsection (b) 
     that is not sold or exchanged, not later than 1 year after 
     the date on which the land was offered for sale under this 
     title.
       (3) Exception.--Paragraph (1)(A) shall not apply to a sale 
     made consistent with this section or an election by the 
     County or the State to obtain the land described in 
     subsection (b) for public purposes under the Act of June 14, 
     1926 (commonly known as the ``Recreation and Public Purposes 
     Act''; 43 U.S.C. 869 et seq.).
       (h) Deadline for Sale.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 1 year after the date of enactment of this Act, if 
     there is a qualified bidder for the land described in 
     subsection (b), the Secretary concerned shall offer the land 
     for sale to the qualified bidder.
       (2) Postponement; exclusion from sale.--At the request of 
     the County, the Secretary concerned may temporarily postpone 
     or exclude from the sale under paragraph (1) all or a portion 
     of the land described in subsection (b).
       (i) Disposition of Proceeds.--Of the proceeds from the sale 
     under this section--
       (1) 5 percent shall be disbursed to the State for use by 
     the State for general education programs of the State;
       (2) 10 percent shall be disbursed to the County for use by 
     the County for general budgeting purposes; and
       (3) 85 percent shall be deposited in a special account in 
     the Treasury of the United States, to be known as the 
     ``Douglas County Special Account'', which shall be available 
     to the Secretary concerned until expended, without further 
     appropriation--
       (A) to reimburse costs incurred by the Secretary concerned 
     in preparing for the sale of the land described in subsection 
     (b), including--
       (i) the costs of surveys and appraisals; and
       (ii) the costs of compliance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713);
       (B) to reimburse costs incurred by the Bureau of Land 
     Management and the Forest Service in preparing for and 
     carrying out the transfers of land to be held in trust by the 
     United States under section 5421; and
       (C) to acquire environmentally sensitive land or an 
     interest in environmentally sensitive land in the County--
       (i) pursuant to the Douglas County Open Space and 
     Agricultural Lands Preservation Implementation Plan, or any 
     subsequent amendment to the plan that is undertaken with full 
     public involvement; and
       (ii) for flood control purposes.
       (j) Revocation of Orders.--Any public land order that 
     withdraws any of the land described in subsection (b) from 
     appropriation or disposal under a public land law shall be 
     revoked to the extent necessary to permit disposal of that 
     land.

     SEC. 5415. OPEN SPACE RECREATION AREA.

       (a) Authorization of Conveyance.--Not later than 180 days 
     after the date on which the Secretary of Agriculture receives 
     a request from the County, the Secretary of Agriculture shall 
     convey to the County, without consideration, all right, 
     title, and interest of the United States in and to the 
     Federal land to be used for recreation and any other public 
     purpose consistent with the Act of June 14, 1926 (commonly 
     known as the ``Recreation and Public Purposes Act''; 43 
     U.S.C. 869 et seq.).
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 1,084 acres of land 
     as depicted as ``Open Space Recreation Area'' on the Map.
       (c) Costs.--Any costs relating to the conveyance authorized 
     under subsection (b), including any costs for surveys and 
     other administrative costs, shall be paid by the County.
       (d) Use of Federal Land.--The Federal land conveyed under 
     subsection (a) shall not be disposed of by the County.

                 Subtitle B--Tribal Cultural Resources

     SEC. 5421. TRANSFER OF LAND TO BE HELD IN TRUST FOR TRIBE.

       (a) In General.--Subject to valid existing rights, all 
     right, title, and interest of the United States in and to the 
     land described in subsection (b)--
       (1) shall be held in trust by the United States for the 
     benefit of the Tribe; and
       (2) shall be part of the reservation of the Tribe.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of--
       (1) approximately 2,669 acres of Federal land generally 
     depicted as ``Washoe Tribe Conveyances'' on the Map; and
       (2) any land administered on the date of enactment of this 
     Act by the Bureau of Land Management or the Forest Service 
     and generally depicted as ``Section 5 lands''.
       (c) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary concerned shall complete 
     a survey of the boundary lines to establish the boundaries of 
     the land taken into trust under subsection (a).
       (d) Use of Trust Land.--
       (1) Gaming.--Land taken into trust under this section shall 
     not be eligible, or considered to have been taken into trust, 
     for class II gaming or class III gaming (as defined in 
     section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 
     2703)).
       (2) Thinning; landscape restoration.--
       (A) In general.--The Secretary concerned, in consultation 
     and coordination with the Tribe, may carry out any fuel 
     reduction and other landscape restoration activities on the 
     land taken into trust under subsection (a) (including land 
     that includes threatened and endangered species habitat), 
     that are beneficial to--
       (i) the Tribe; and
       (ii)(I) the Bureau of Land Management; or
       (II) the Forest Service.
       (B) Conservation benefits.--Activities carried out under 
     subparagraph (A) include activities that provide conservation 
     benefits to a species--
       (i) that is not listed as endangered or threatened under 
     section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(c)); but
       (ii) is--

       (I) listed by a State as a threatened or endangered 
     species;
       (II) a species of concern; or
       (III) a candidate for a listing as an endangered or 
     threatened species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).

       (e) Water Rights.--Nothing in this section affects the 
     allocation, ownership, interest, or control, as in existence 
     on the date of enactment of this Act, of any water, water 
     right, or any other valid existing right held by the United 
     States, an Indian Tribe, a State, or a person.

    Subtitle C--Resolution of Burbank Canyons Wilderness Study Area

     SEC. 5431. ADDITION TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 
     12,392 acres of Federal land managed by the Bureau of Land 
     Management, as generally depicted on the Map as ``Burbank 
     Canyons Wilderness'' is designated as wilderness and as a 
     component of the National Wilderness Preservation System, to 
     be known as the ``Burbank Canyons Wilderness''.
       (b) Boundary.--The boundary of any portion of the 
     Wilderness that is bordered by a road shall be at least 100 
     feet from the centerline of the road to allow public access.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary concerned shall prepare 
     a map and legal description of the Wilderness.
       (2) Effect.--The map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary concerned 
     may correct any minor error in the map or legal description.

[[Page S5787]]

       (3) Availability.--A copy of the map and legal description 
     prepared under paragraph (1) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Bureau of Land Management.
       (d) Withdrawal.--Subject to valid existing rights, the 
     Wilderness is withdrawn from--
       (1) all forms of entry, appropriation, or 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.

     SEC. 5432. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, the 
     Wilderness shall be administered by the Secretary concerned 
     in accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), except that--
       (1) any reference in that Act to the effective date 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 of the Interior.
       (b) Livestock.--The grazing of livestock in the Wilderness, 
     if established before the date of enactment of this Act, 
     shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices as the Secretary 
     concerned considers to be necessary in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (House Report 101-405).
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of the Wilderness 
     that is acquired by the United States after the date of 
     enactment of this Act shall be added to and administered as 
     part of the Wilderness.
       (d) Adjacent Management.--
       (1) In general.--Congress does not intend for the 
     designation of the Wilderness to create a protective 
     perimeter or buffer zone around the Wilderness.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within the 
     Wilderness shall not preclude the conduct of the activities 
     or uses outside the boundary of the Wilderness.
       (e) Military Overflights.--Nothing in this title restricts 
     or precludes--
       (1) low-level overflights of military aircraft over the 
     Wilderness, including military overflights that can be seen 
     or heard within the wilderness area;
       (2) flight testing and evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military flight training 
     routes, over the Wilderness.
       (f) Existing Airstrips.--Nothing in this title restricts or 
     precludes low-level overflights by aircraft utilizing 
     airstrips in existence on the date of enactment of this Act 
     that are located within 5 miles of the proposed boundary of 
     the Wilderness.
       (g) Wildfire, Insect, and Disease Management.--In 
     accordance with section 4(d)(1) of the Wilderness Act (16 
     U.S.C. 1133(d)(1)), the Secretary concerned may take any 
     measures in the Wilderness that the Secretary concerned 
     determines to be necessary for the control of fire, insects, 
     and diseases, including, as the Secretary concerned 
     determines to be appropriate, the coordination of the 
     activities with the State or a local agency.
       (h) 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 concerned may prescribe, the 
     Secretary concerned may authorize the installation and 
     maintenance of hydrologic, meteorologic, or climatological 
     collection devices in the Wilderness if the Secretary 
     concerned determines that the facilities and access to the 
     facilities are essential to flood warning, flood control, or 
     water reservoir operation activities.
       (i) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the Wilderness is located--
       (i) in the semiarid region of the Great Basin; and
       (ii) at the headwaters for the streams and rivers on land 
     with respect to which there are few, if any--

       (I) actual or proposed water resource facilities located 
     upstream; and
       (II) opportunities for diversion, storage, or other uses of 
     water occurring outside the land that would adversely affect 
     the wilderness values of the land;

       (B) the Wilderness is generally not suitable for use or 
     development of new water resource facilities; and
       (C) because of the unique nature of the Wilderness, it is 
     possible to provide for proper management and protection of 
     the wilderness and other values of land by means different 
     from the means used in other laws.
       (2) Purpose.--The purpose of this section is to protect the 
     wilderness values of the Wilderness by means other than a 
     federally reserved water right.
       (3) Statutory construction.--Nothing in this title--
       (A) constitutes an express or implied reservation by the 
     United States of any water or water rights with respect to 
     the Wilderness;
       (B) affects any water rights in the State (including any 
     water rights held by the United States) in existence on the 
     date of enactment of this Act;
       (C) establishes a precedent with regard to any future 
     wilderness designations;
       (D) affects the interpretation of, or any designation made 
     under, any other Act; or
       (E) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among and between the State and other States.
       (4) Nevada water law.--The Secretary concerned shall follow 
     the procedural and substantive requirements of State law in 
     order to obtain and hold any water rights not in existence on 
     the date of enactment of this Act with respect to the 
     Wilderness.
       (5) New projects.--
       (A) Definition of water resource facility.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, transmission 
     and other ancillary facilities, and other water diversion, 
     storage, and carriage structures.
       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this title, on or after the date of 
     enactment of this Act, neither the President nor any other 
     officer, employee, or agent of the United States shall fund, 
     assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within any 
     wilderness area, including a portion of a wilderness area, 
     that is located in the County.

     SEC. 5433. FISH AND WILDLIFE MANAGEMENT.

       (a) 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 or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     Wilderness.
       (b) Management Activities.--In furtherance of the purposes 
     and principles of the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the Secretary concerned may conduct any management 
     activities in the Wilderness that are necessary to maintain 
     or restore fish and wildlife populations and the habitats to 
     support the populations, if the activities are carried out--
       (1) in a manner that is consistent with relevant wilderness 
     management plans; and
       (2) in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (B) appropriate policies, such as those set forth 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 (House Report 101-405), 
     including the occasional and temporary use of motorized 
     vehicles and aircraft if the use, as determined by the 
     Secretary concerned, would promote healthy, viable, and more 
     naturally distributed wildlife populations that would enhance 
     wilderness values with the minimal impact necessary to 
     reasonably accomplish those tasks.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in 
     accordance with appropriate policies such as those set forth 
     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 (House Report 101-405), the 
     State may continue to use aircraft, including helicopters, to 
     survey, capture, trans- plant, monitor, and provide water for 
     wildlife populations in the Wilderness.
       (d) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary concerned may designate 
     areas in which, and establish periods during which, for 
     reasons of public safety, administration, or compliance with 
     applicable laws, no hunting, fishing, or trapping will be 
     permitted in the Wilderness.
       (2) Consultation.--Except in emergencies, the Secretary 
     concerned shall consult with the appropriate State agency and 
     notify the public before making any designation under 
     paragraph (1).
       (e) Cooperative Agreement.--
       (1) In general.--The State (including a designee of the 
     State) may conduct wildlife management activities in the 
     Wilderness--
       (A) in accordance with the terms and conditions specified 
     in the cooperative agreement between the Secretary of the 
     Interior and the State entitled ``Memorandum of Understanding 
     between the Bureau of Land Management and the Nevada 
     Department of Wildlife Supplement No. 9'' and signed November 
     and December 2003, including any amendments to the 
     cooperative agreement agreed to by the Secretary of the 
     Interior and the State; and
       (B) subject to all applicable laws (including regulations).
       (2) References; clark county.--For the purposes of this 
     subsection, any reference to Clark County in the cooperative 
     agreement described in paragraph (1)(A) shall be considered 
     to be a reference to the Wilderness.

     SEC. 5434. RELEASE OF WILDERNESS STUDY AREA.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the approximately 1,065 acres

[[Page S5788]]

     of public land in the Burbank Canyons Wilderness study area 
     not designated as wilderness by this title has been 
     adequately studied for wilderness designation.
       (b) Release.--Any public land described in subsection (a) 
     that is not designated as wilderness by this title--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     or
       (2) shall be managed in accordance with--
       (A) land management plans adopted under section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) cooperative conservation agreements in existence on the 
     date of enactment of this Act.

     SEC. 5435. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       Nothing in this title alters or diminishes the treaty 
     rights of any Indian Tribe.

Subtitle D--Transfer of Administrative Jurisdiction Over Forest Service 
                                  Land

     SEC. 5441. AUTHORITY OF FOREST SERVICE TO TRANSFER 
                   ADMINISTRATIVE JURISDICTION TO STATE OR COUNTY 
                   FOR PUBLIC PURPOSES.

       (a) In General.--Consistent with section 3(b) of Public Law 
     96-586 (commonly known as the ``Santini-Burton Act''; 94 
     Stat. 3384), and subject to valid existing rights, on receipt 
     of a request by the State or County and subject to such terms 
     and conditions as are satisfactory to the Secretary of 
     Agriculture, the Secretary may transfer the Forest Service 
     land or interests in Forest Service land described in 
     subsection (b) to the State or County, without consideration, 
     to protect the environmental quality and public recreational 
     use of the transferred Forest Service land.
       (b) Description of Land.--The land referred to in 
     subsection (a) is any Forest Service land that is located 
     within the boundaries of the area acquired under Public Law 
     96-586 (commonly known as the ``Santini-Burton Act''; 94 
     Stat. 3381) that is--
       (1) unsuitable for Forest Service Administration; or
       (2) necessary for a public purpose.
       (c) Use of Land.--A parcel of land conveyed pursuant to 
     subsection (a) shall--
       (1) be managed by the State or County, as applicable--
       (A) to maintain undeveloped open space and to preserve the 
     natural characteristics of the transferred land in 
     perpetuity; and
       (B) to protect and enhance water quality, stream 
     environment zones, and important wildlife habitat; and
       (2) be used by the State or County, as applicable, for 
     recreation or other public purposes including trails, 
     trailheads, fuel reduction, flood control, and other 
     infrastructure consistent with the Act of June 14, 1926 (43 
     U.S.C. 869 et seq.).
       (d) Reversion.--If a parcel of land transferred under 
     subsection (a) is used in a manner that is inconsistent with 
     subsection (c), the parcel of land shall, at the discretion 
     of the Secretary of Agriculture, revert to the United States.

     SEC. 5442. SPECIAL USE PERMITS FOR RECREATION AND PUBLIC 
                   PURPOSES.

       (a) Issuance of Special Use Permits.--Not later than one 
     year after the date on which the Secretary of Agriculture 
     receives an application from the County or unit of local 
     government for the use of the Federal land outlined in 
     subsection (b), the Secretary, in accordance with all 
     applicable laws shall--
       (1) issue to the County a special use permit for recreation 
     and public purposes; and
       (2) authorize a permit length up to 30 years or longer for 
     the use of the land.
       (b) Description of Land.--The land referenced in subsection 
     (a) applies to approximately 188 acres of Federal land 
     located in the County that is identified as ``Directed 
     Special Use Permit'' on the Map.

             TITLE LV--CARSON CITY PUBLIC LANDS CORRECTION

     SEC. 5501. DEFINITIONS.

       In this title:
       (1) Carson city federal land collaboration committee.--The 
     term ``Carson City Federal Land Collaboration Committee'' 
     means a committee comprised of--
       (A) the City Manager;
       (B) a designee of the City Manager; and
       (C) not more than 3 members appointed by the Carson City 
     Board of Supervisors to represent areas of Carson City's 
     government, including the Parks, Recreation, and Open Space 
     Department, the Community Development Department, Property 
     Management.
       (2) City.--The term ``City'' means Carson City, Nevada.
       (3) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture with respect to land in 
     the National Forest System; and
       (B) the Secretary of the Interior with respect to other 
     Federal land.

     SEC. 5502. LAND CONVEYANCES.

       (a) Conveyance.--Subject to valid existing rights and 
     notwithstanding the land use planning requirements of section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712), the Secretary shall convey to the City, without 
     consideration, all right, title, and interest of the United 
     States in and to the land described in subsection (b).
       (b) Description of Land.--The land referred to in 
     subsection (a) is the approximately 258 acres depicted as 
     ``Lands to Acquire'' on the map entitled ``Carson City OPLMA 
     Lands'' and dated 2018.
       (c) Costs.--Any costs relating to the conveyance under 
     subsection (a), including costs of surveys and administrative 
     costs, shall be paid by the City and are eligible for 
     reimbursement under the account as described in section 
     5507(a).
       (d) Sale or Lease of Land to Third Parties.--The City may 
     enter into an agreement to sell, lease, or otherwise convey 
     all or part of the land described in subsection (b).
       (e) Conditions.--The City shall sell the land at fair 
     market value, and proceeds will be deposited in the account 
     as described in section 5507(a).

     SEC. 5503. CARSON CITY STREET CONNECTOR CONVEYANCE.

       (a) Authorization of Conveyance.--The Secretary shall 
     convey to Carson City without consideration all right, title, 
     and interest of the United States in and to the parcels of 
     Federal land described in subsection (b) for expansion of 
     roadway.
       (b) Description of Federal Land.--The Federal land referred 
     to in subsection (a) is depicted as ``Proposed Land 
     Transfer'' on the map entitled ``Carson City OPLMA Lands'' 
     and dated February 28, 2019.
       (c) Costs.--Any costs relating to the conveyance authorized 
     under subsection (a), including any costs for surveys and 
     other administrative costs, shall be paid by the city.
       (d) Reversion.--If the land conveyed under subsection (a) 
     is used in a manner inconsistent with subsection (a), the 
     Federal land shall, at the discretion of the Secretary, 
     revert to the United States.

     SEC. 5504. AMENDMENT TO REVERSIONARY INTERESTS.

       (a) Sale or Lease of Land to Third Parties.--Section 
     2601(b)(4) of Public Law 111-11 (123 Stat. 1111) is amended 
     by inserting after subparagraph (D) the following:
       ``(E) Sale or lease of land to third parties.--The City may 
     enter into an agreement to sell, lease, or otherwise convey 
     all or part of the land described in subparagraph (D) to 
     third parties for public purposes.''.
       (b) Conditions.--The sale of any land under the amendment 
     made by subsection (a) shall be for not less than fair market 
     value.

     SEC. 5505. DISPOSAL OF FEDERAL LAND.

       (a) Disposal.--Subject to valid existing rights and 
     notwithstanding the land use planning requirements of section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712), the Secretary shall dispose of the land 
     described in subsection (b).
       (b) Description of Land.--The land referred to in 
     subsection (a) is the approximately 28 acres depicted as 
     ``Lands for BLM Disposal'' on the map entitled ``Carson City 
     OPLMA Lands'' and dated 2018.
       (c) Costs.--Any costs relating to the disposal under 
     subsection (a), including costs of surveys and administrative 
     costs, shall be paid by the party entering into the disposal 
     agreement with the Bureau of Land Management for the land 
     described in subsection (b).
       (d) Conditions.--Upon disposal, the City shall retain--
       (1) a public utility easement concurrent with Koontz Lane 
     and Conti Drive, which provides waterlines and access to the 
     water tank immediately east of the subject parcels; and
       (2) an existing drainage easement for a future detention 
     basin located on APN 010-152-06 depicted as ``Lands for BLM 
     Disposal'' on the map entitled ``Carson City OPLMA Lands'' 
     and dated 2018.

     SEC. 5506. TRANSFER OF LAND TO THE UNITED STATES.

       (a) Conveyance.--Not later than 180 days after the date of 
     enactment of this Act, the City shall convey all right and 
     title of the land described in subsection (b) to the 
     Secretary of the Interior.
       (b) Description of Land.--The land referred to in 
     subsection (a) is the approximately 17 acres depicted as 
     ``Lands for Disposal'' on the map entitled ``Carson City 
     OPLMA Lands'' and dated 2018.
       (c) Disposal.--Subject to valid existing rights and 
     notwithstanding the land use planning requirements of section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712), the Secretary of the Interior shall dispose of 
     the land described in subsection (b).
       (d) Costs.--
       (1) Costs related to disposal.--Any costs relating to the 
     disposal under subsection (c), including costs of surveys and 
     administrative costs, shall be paid by the party entering 
     into the disposal agreement with the Bureau of Land 
     Management for the land described in subsection (b).
       (2) Costs related to conveyance.--Any costs relating to the 
     conveyance under subsection (a), including costs of surveys 
     and administrative costs, shall be paid by the City and is 
     eligible for reimbursement through the account as described 
     in section 5507(a).
       (e) Conditions.--Upon disposal, the City shall retain--
       (1) access and a public utility easement on APN 010-252-02 
     for operation and maintenance of a municipal well; and
       (2) a public right-of-way for Bennet Avenue.

     SEC. 5507. DISPOSITION OF PROCEEDS.

       (a) Disposition of Proceeds.--The proceeds from the sale of 
     land under sections 5502 , 5503, 5504, and 5505 and section 
     2601(e)(1)(B) of Public Law 111-11 (123 Stat. 1111) shall be 
     deposited in a special account in the Treasury of the United 
     States, to be known as the ``Carson City Special Account'', 
     which shall be available to the Secretary in collaboration 
     with and if approved

[[Page S5789]]

     in writing by the Carson City Federal Land Collaboration 
     Committee, for--
       (1) the reimbursement of costs incurred by the Secretary in 
     preparing for the sale of the land described in sections 
     5502, 5504, and 5505 and section 2601(e)(1)(B) of Public Law 
     111-11 (123 Stat. 1111), including--
       (A) the costs of surveys and appraisals; and
       (B) the costs of compliance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and sections 202 
     and 203 of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1712, 1713);
       (2) the reimbursement of costs incurred as described in 
     paragraphs (3) through (8) by the City for land under 
     sections 5502, 5503, 5504, and 5505 and section 2601(d) of 
     Public Law 111-11 (123 Stat. 1111);
       (3) the conduct of wildlife habitat conservation and 
     restoration projects, including projects that benefit the 
     greater sage-grouse in the City;
       (4) the development and implementation of comprehensive, 
     cost-effective, multijurisdictional hazardous fuels reduction 
     and wildfire prevention and restoration projects in the City;
       (5) the acquisition of environmentally sensitive land or 
     interest in environmentally sensitive land in Carson City, 
     Nevada;
       (6) wilderness protection and processing wilderness 
     designation, including the costs of appropriate fencing, 
     signage, public education, and enforcement for the wilderness 
     areas designated through this title;
       (7) capital improvements administered by the Bureau of Land 
     Management and the Forest Service in the City; and
       (8) educational purposes specific to the City.
       (b) Investment of Special Account.--Amounts deposited into 
     the Carson City Special Account--
       (1) shall earn interest in an amount determined by the 
     Secretary of the Treasury, based on the current average 
     market yield on outstanding marketable obligations of the 
     United States of comparable maturities; and
       (2) may be expended by the Secretary in accordance with 
     this section.
       (c) Management of Special Account.--The management and 
     procedures thereof of the Carson City Special Account shall 
     be determined by an intergovernmental agreement between the 
     City and the Department of the Interior's Bureau of Land 
     Management, Carson City office.

     SEC. 5508. POSTPONEMENT; EXCLUSION FROM SALE.

       Section 2601(d)(6) of Public Law 111-11 (123 Stat. 1113) is 
     amended to read as follows:
       ``(6) Deadline for sale.--Not later than 1 year after the 
     date of enactment of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023, if there is a 
     qualified bidder for the land described in subparagraphs (A) 
     and (B) of paragraph (2), the Secretary of the Interior shall 
     offer the land for sale to the qualified bidder.''.
                                 ______
                                 
  SA 6256. 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 end of subtitle D of title VI, add the following:

     SEC. 632. AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE 
                   COMMISSARY AGENCY WORKING CAPITAL FUND.

       (a) In General.--There is authorized to be appropriated to 
     the Defense Commissary Agency Working Capital Fund for fiscal 
     year 2023 $550,000,000 in order to--
       (1) combat food insecurity among members of the Armed 
     Forces;
       (2) address the impact of inflation on costs of food in 
     commissaries; and
       (3) eliminate the requirement to offset operational costs 
     through higher grocery prices for commissary patrons.
       (b) Supplement Not Supplant.--The amount authorized to be 
     appropriated by subsection (a) shall supplement and not 
     supplant other amounts authorized to be appropriated to the 
     Defense Commissary Agency Working Capital Fund.
                                 ______
                                 
  SA 6257. 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 C of title XII, add the following:

     SEC. 1239. AMENDMENTS TO AMERICAN SERVICEMEMBERS' PROTECTION 
                   ACT OF 2002 RELATED TO INVESTIGATIONS OF 
                   ATROCITY CRIMES IN UKRAINE.

       Section 2004(h) of the American Servicemembers' Protection 
     Act of 2002 (22 U.S.C. 7423(h)) is amended--
       (1) by striking ``Agents.--No agent'' and inserting the 
     following: ``Agents.--
       ``(1) In general.--No agent''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Exception.--The prohibition under paragraph (1) shall 
     not apply with respect to investigative activities that--
       ``(A) relate solely to investigations of foreign persons 
     suspected of atrocity crimes in Ukraine; and
       ``(B) are undertaken in coordination with the Attorney 
     General.''.
                                 ______
                                 
  SA 6258. 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 III, add the following:

     SEC. 389. IMPROVEMENT OF EXISTING FACILITIES AND SERVICES FOR 
                   MILITARY WORKING DOGS.

       (a) In General.--The Secretary of Defense shall improve 
     existing facilities and services for military working dogs.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Defense $20,000,000 
     to carry out subsection (a).
                                 ______
                                 
  SA 6259. 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--Implementation of an Enhanced Defense Partnership Between 
                      the United States and Taiwan

     SEC. 1281. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--Except as 
     otherwise provided in this subtitle, the term ``appropriate 
     committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Committee on Appropriations of the House of 
     Representatives.
       (2) Government in taiwan.--The term ``government in 
     Taiwan'' means the national-level government and its 
     administrative units at the municipal, county, and local 
     levels in Taiwan, including its representatives overseas.
       (3) People's liberation army; pla.--The terms ``People's 
     Liberation Army'' and ``PLA'' mean the armed forces of the 
     People's Republic of China.

     SEC. 1282. AMENDMENTS TO THE TAIWAN RELATIONS ACT.

       (a) Declaration of Policy.--Section 2(b)(5) of the Taiwan 
     Relations Act (22 U.S.C. 3301(b)(5)) is amended by inserting 
     ``and arms conducive to deterring acts of aggression by the 
     People's Liberation Army'' after ``arms of a defensive 
     character''.
       (b) Provision of Defense Articles and Services.--Section 
     3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)) is 
     amended by inserting ``and to implement a strategy to deny 
     and deter acts of coercion or aggression by the People's 
     Liberation Army'' after ``to maintain a sufficient self-
     defense capability''.
       (c) Rule of Construction.--Section 4 of the Taiwan 
     Relations Act (22 U.S.C. 3303) is amended by adding at the 
     end the following:
       ``(e) Rule of Construction.--Nothing in this Act, nor the 
     President's action in extending diplomatic recognition to the 
     People's Republic of China, nor the absence of diplomatic 
     relations between the people of Taiwan and the United States, 
     and nor the lack of formal recognition of Taiwan by the 
     United States, and any related circumstances, may be 
     construed to constitute a legal or practical obstacle to any 
     otherwise lawful action of the President or of any United 
     States Government agency that is needed to advance or protect 
     United States interests pertaining to Taiwan, including 
     actions intended to strengthen security cooperation between 
     the United States and Taiwan or to otherwise deter the use of 
     force against Taiwan by the People's Liberation Army.''.

[[Page S5790]]

  


     SEC. 1283. ANTICIPATORY PLANNING AND ANNUAL REVIEW OF THE 
                   UNITED STATES' STRATEGY TO DETER THE USE OF 
                   FORCE BY THE PEOPLE'S REPUBLIC OF CHINA TO 
                   CHANGE THE STATUS QUO OF TAIWAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 10 
     years, the Secretary of Defense shall--
       (1) conduct a classified review of the United States 
     strategy to deter the use of force by the People's Republic 
     of China to change the status quo of Taiwan; and
       (2) share the results of such review with the Chairman and 
     Ranking Member of the appropriate committees of Congress.
       (b) Elements.--The review conducted pursuant to subsection 
     (a) shall include--
       (1) an assessment of Taiwan's current and near-term 
     capabilities, United States force readiness, and the adequacy 
     of the United States' strategy to deter the use of force by 
     the People's Republic of China to change the status quo of 
     Taiwan;
       (2) a detailed strategy of deterrence and denial to defend 
     Taiwan against aggression by the People's Liberation Army, 
     including an effort to seize and hold the island of Taiwan;
       (3) a comprehensive assessment of risks to the United 
     States and United States' interests, including readiness 
     shortfalls that pose strategic risk;
       (4) a review of indicators of the near-term likelihood of 
     the use of force by the People's Liberation Army against 
     Taiwan; and
       (5) a list of military capabilities, including capabilities 
     that enable a strategy of deterrence and denial, that--
       (A) would suit the operational environment and allow Taiwan 
     to respond effectively to a variety of contingencies across 
     all potential phases of conflict involving the People's 
     Liberation Army; and
       (B) would reduce the threat of conflict, deter the use of 
     force by the People's Republic of China, thwart an invasion, 
     and mitigate other risks to the United States and Taiwan.

     SEC. 1284. JOINT ASSESSMENT.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Defense, shall establish and maintain a 
     joint consultative mechanism with Taiwan that convenes on a 
     recurring basis--
       (1) to develop a joint assessment of, and coordinate 
     planning with respect to, the threats Taiwan faces from the 
     People's Republic of China across the spectrum of possible 
     military action; and
       (2) to identify nonmaterial and material solutions to deter 
     and, if necessary, defeat such threats.
       (b) Integrated Priorities List.--In carrying out subsection 
     (a), the Secretary of Defense, in consultation with the 
     Secretary of State, shall develop with Taiwan--
       (1) an integrated priorities list;
       (2) relevant plans for acquisition and training for 
     relevant nonmaterial and material solutions; and
       (3) other measures to appropriately prioritize the defense 
     needs of Taiwan to maintain effective deterrence across the 
     spectrum of possible military action by the People's Republic 
     of China.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter for the 
     following 5 years, the Secretary of Defense, in consultation 
     with the Secretary of State, shall submit a report to the 
     appropriate committees of Congress that describes the joint 
     assessment developed pursuant to subsection (a)(1).

     SEC. 1285. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO 
                   DETER AND, IF NECESSARY, DEFEAT AGGRESSION BY 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Taiwan Security Programs.--The Secretary of State, in 
     consultation with the Secretary of Defense, shall use the 
     authorities under this section to strengthen the United 
     States-Taiwan defense relationship, and to support the 
     acceleration of the modernization of Taiwan's defense 
     capabilities.
       (b) Annual Report on Advancing the Defense of Taiwan.--
       (1) Appropriate congressional committees defined.--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) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 7 
     years, the Secretary of State and the Secretary of Defense 
     shall jointly submit a report to the appropriate 
     congressional committees that describes steps taken to 
     enhance the United States-Taiwan defense relationship and 
     Taiwan's modernization of its-defense capabilities.
       (3) Matters to be included.--Each report required under 
     paragraph (2) shall include--
       (A) an assessment of the commitment of Taiwan to implement 
     a military strategy that will deter and, if necessary, defeat 
     military aggression by the People's Republic of China, 
     including the steps that Taiwan has taken and the steps that 
     Taiwan has not taken towards such implementation;
       (B) an assessment of the efforts of Taiwan to acquire and 
     employ within its forces counterintervention capabilities, 
     including--
       (i) long-range precision fires;
       (ii) integrated air and missile defense systems;
       (iii) anti-ship cruise missiles;
       (iv) land-attack cruise missiles;
       (v) coastal defense;
       (vi) anti-armor;
       (vii) undersea warfare;
       (viii) survivable swarming maritime assets;
       (ix) manned and unmanned aerial systems;
       (x) mining and countermining capabilities;
       (xi) intelligence, surveillance, and reconnaissance 
     capabilities;
       (xii) command and control systems; and
       (xiii) any other defense capabilities that the United 
     States and Taiwan jointly determine are crucial to the 
     defense of Taiwan, in accordance with the process developed 
     pursuant to section 5203(a);
       (C) an evaluation of the balance between conventional and 
     counter intervention capabilities in the defense force of 
     Taiwan as of the date on which the report is submitted;
       (D) an assessment of steps taken by Taiwan to enhance the 
     overall readiness of its defense forces, including--
       (i) the extent to which Taiwan is requiring and providing 
     regular and relevant training to such forces;
       (ii) the extent to which such training is realistic to the 
     security environment that Taiwan faces; and
       (iii) the sufficiency of the financial and budgetary 
     resources Taiwan is putting toward readiness of such forces;
       (E) an assessment of steps taken by Taiwan to ensure that 
     the Taiwan Reserve Command can recruit, train, and equip its 
     forces;
       (F) an evaluation of--
       (i) the severity of manpower shortages in the military of 
     Taiwan, including in the reserve forces;
       (ii) the impact of such shortages in the event of a 
     conflict scenario; and
       (iii) the efforts made by the government in Taiwan to 
     address such shortages;
       (G) an assessment of the efforts made by Taiwan to boost 
     its civilian defenses, including any informational campaigns 
     to raise awareness among the population of Taiwan of the 
     risks Taiwan faces;
       (H) an assessment of the efforts made by Taiwan to secure 
     its critical infrastructure, including in transportation, 
     telecommunications networks, and energy;
       (I) an assessment of the efforts made by Taiwan to enhance 
     its cybersecurity, including the security of civilian 
     government and military networks;
       (J) an assessment of any significant gaps in any of the 
     matters described in subparagraphs (A) through (I) with 
     respect to which the United States assesses that additional 
     action is needed;
       (K) a description of cooperative efforts between the United 
     States and Taiwan on the matters described in subparagraphs 
     (A) through (J); and
       (L) a description of any resistance within the government 
     in Taiwan and the military leadership of Taiwan to--
       (i) implementing the matters described in subparagraphs (A) 
     through (I); or
       (ii) United States' support or engagement with regard to 
     such matters.
       (4) Form.--The report required under paragraph (2) shall be 
     submitted in classified form, but shall include a detailed 
     unclassified summary.
       (5) Sharing of summary.--The Secretary of State and the 
     Secretary of Defense shall jointly share the unclassified 
     summary required under paragraph (4) with the government and 
     military of Taiwan.
       (c) Authority To Provide Assistance.--The Secretary of 
     State, in consultation with the Secretary of Defense, shall 
     use amounts authorized pursuant to subsection (i) to provide 
     assistance to the government in Taiwan to achieve the purpose 
     described in subsection (d).
       (d) Purpose.--In addition to the purposes otherwise 
     authorized for Foreign Military Financing programs under the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.), the purpose 
     of the Foreign Military Financing Program shall be to provide 
     assistance, including equipment, training, and other support, 
     to enable the Government and military of Taiwan--
       (1) to accelerate the modernization of defense capabilities 
     that will enable Taiwan to delay, degrade, and deny attempts 
     by People's Liberation Army forces--
       (A) to conduct coercive or grey zone activities;
       (B) to achieve maritime control over the Taiwan Strait and 
     adjoining seas;
       (C) to secure a lodgment on any Taiwanese islands and 
     expand or otherwise use such lodgment to seize control of a 
     population center or other key territory in Taiwan; and
       (2) to prevent the People's Republic of China from 
     decapitating, seizing control of, or otherwise neutralizing 
     or rendering ineffective the government in Taiwan.
       (e) Regional Contingency Stockpile.--Of the amounts 
     authorized to be appropriated pursuant to subsection (i), not 
     more than $100,000,000 may be used during each of the fiscal 
     years 2023 through 2032 to maintain a stockpile (if 
     established under section 5211), in accordance with section 
     514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), 
     as amended by section 5211.
       (f) Availability of Funds.--
       (1) Annual spending plan.--Not later than December 1, 2022, 
     and annually thereafter, the Secretary of State, in 
     coordination with the Secretary of Defense, shall submit a 
     plan to the appropriate committees of Congress

[[Page S5791]]

     describing how amounts authorized to be appropriated pursuant 
     to subsection (i) will be used to achieve the purpose 
     described in subsection (d).
       (2) Certification.--Amounts authorized to be appropriated 
     for each fiscal year pursuant to subsection (i) shall be made 
     available for the purpose described in such subsection after 
     the Secretary of State certifies to the appropriate 
     committees of Congress that Taiwan has increased its defense 
     spending relative to Taiwan's defense spending in its prior 
     fiscal year, excepting accounts in Taiwan's defense budget 
     related to personnel expenditures, (other than military 
     training and education and any funding related to the All-Out 
     Defense Mobilization Agency).
       (3) Remaining funds.--
       (A) In general.--Subject to subparagraph (B), amounts 
     authorized to be appropriated for a fiscal year pursuant to 
     subsection (i) that are not obligated and expended during 
     such fiscal year shall be added to the amount that may be 
     used for Foreign Military Financing to Taiwan in the 
     subsequent fiscal year.
       (B) Rescission.--Amounts appropriated pursuant to 
     subsection (i) that remain unobligated on September 30, 2027 
     shall be rescinded and deposited into the general fund of the 
     Treasury.
       (g) Defense Articles and Services From the United States 
     Inventory and Other Sources.--
       (1) In general.--In addition to assistance provided 
     pursuant to subsection (c), the Secretary of State, in 
     coordination with the Secretary of Defense, may make 
     available to the government in Taiwan, in such quantities as 
     the Secretary of State considers appropriate for the purpose 
     described in subsection (d)--
       (A) weapons and other defense articles from the United 
     States inventory and other sources; and
       (B) defense services.
       (2) Replacement.--The Secretary of State may use amounts 
     authorized to be appropriated pursuant to subsection (i) for 
     the cost of replacing any item provided to the government in 
     Taiwan pursuant to paragraph (1)(A).
       (h) Foreign Military Financing Loan and Loan Guarantee 
     Authority.--
       (1) Direct loans.--
       (A) In general.--Notwithstanding section 23(c)(1) of the 
     Arms Export Control Act (22 U.S.C. 2763), during fiscal years 
     2023 through 2027, the Secretary of State may make direct 
     loans available for Taiwan pursuant to section 23 of such 
     Act.
       (B) Maximum obligations.--Gross obligations for the 
     principal amounts of loans authorized under subparagraph (A) 
     may not exceed $2,000,000,000.
       (C) Source of funds.--
       (i) Defined term.--In this subparagraph, the term 
     ``cost''--

       (I) has the meaning given such term in section 502(5) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));
       (II) shall include the cost of modifying a loan authorized 
     under subparagraph (A); and
       (III) may include the costs of selling, reducing, or 
     cancelling any amounts owed to the United States or to any 
     agency of the United States.

       (ii) In general.--Amounts authorized to be appropriated 
     pursuant to subsection (i) may be made available to pay for 
     the cost of loans authorized under subparagraph (A).
       (D) Fees authorized.--
       (i) In general.--The Government of the United States may 
     charge fees for loans made pursuant to subparagraph (A), 
     which shall be collected from borrowers through a financing 
     account (as defined in section 502(7) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 661a(7)).
       (ii) Limitation on fee payments.--Amounts made available 
     under any appropriations Act for any fiscal year may not be 
     used to pay any fees associated with a loan authorized under 
     subparagraph (A).
       (E) Repayment.--Loans made pursuant to subparagraph (A) 
     shall be repaid not later than 12 years after the loan is 
     received by the borrower, including a grace period of not 
     more than 1 year on repayment of principal.
       (F) Interest.--
       (i) In general.--Notwithstanding section 23(c)(1) of the 
     Arms Export Control Act (22 U.S.C. 2763(c)(1), interest for 
     loans made pursuant to subparagraph (A) may be charged at a 
     rate determined by the Secretary of State, except that such 
     rate may not be less than the prevailing interest rate on 
     marketable Treasury securities of similar maturity.
       (ii) Treatment of loan amounts used to pay interest.--
     Amounts made available under this paragraph for interest 
     costs shall not be considered assistance for the purposes of 
     any statutory limitation on assistance to a country.
       (2) Loan guarantees.--
       (A) In general.--Amounts authorized to be appropriated 
     pursuant to subsection (i) may be made available for the 
     costs of loan guarantees for Taiwan under section 24 of the 
     Arms Export Control Act (22 U.S.C. 2764) for Taiwan to 
     subsidize gross obligations for the principal amount of 
     commercial loans and total loan principal, any part of which 
     may be guaranteed, not to exceed $2,000,000,000.
       (B) Maximum amounts.--A loan guarantee authorized under 
     subparagraph (A)--
       (i) may not guarantee a loan that exceeds $2,000,000,000; 
     and
       (ii) may not exceed 80 percent of the loan principal with 
     respect to any single borrower.
       (C) Subordination.--Any loan guaranteed pursuant to 
     subparagraph (A) may not be subordinated to--
       (i) another debt contracted by the borrower; or
       (ii) any other claims against the borrower in the case of 
     default.
       (D) Repayment.--Repayment in United States dollars of any 
     loan guaranteed under this paragraph shall be required not 
     later than 12 years after the loan agreement is signed.
       (E) Fees.--Notwithstanding section 24 of the Arms Export 
     Control Act (22 U.S.C. 2764), the Government of the United 
     States may charge fees for loan guarantees authorized under 
     subparagraph (A), which shall be collected from borrowers, or 
     from third parties on behalf of such borrowers, through a 
     financing account (as defined in section 502(7) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
       (F) Treatments of loan guarantees.--Amounts made available 
     under this paragraph for the costs of loan guarantees 
     authorized under subparagraph (A) shall not be considered 
     assistance for the purposes of any statutory limitation on 
     assistance to a country.
       (3) Notification requirement.--Amounts appropriated to 
     carry out this subsection may not be expended without prior 
     notification of the appropriate committees of Congress.
       (i) Authorization of Appropriations.--
       (1) Authorization of appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for Foreign 
     Military Financing, there is authorized to be appropriated to 
     the Department of State for Taiwan Foreign Military Finance 
     grant assistance--
       (A) $250,000,000 for fiscal year 2023;
       (B) $750,000,000 for fiscal year 2024;
       (C) $1,500,000,000 for fiscal year 2025;
       (D) $2,000,000,000 for fiscal year 2026; and
       (E) $2,000,000,000 for fiscal year 2027.
       (2) Training and education.--Of the amounts authorized to 
     be appropriated under paragraph (1), the Secretary of State 
     shall use not less than $2,000,000 per fiscal year for 1 or 
     more blanket order Foreign Military Financing training 
     programs related to the defense needs of Taiwan.
       (j) Sunset Provision.--Assistance may not be provided under 
     this section after September 30, 2032.

     SEC. 1286. REQUIREMENTS REGARDING DEFINITION OF COUNTER 
                   INTERVENTION CAPABILITIES.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to ensure that requests by Taiwan to purchase arms from 
     the United States are not prematurely rejected or dismissed 
     before Taiwan submits a letter of request or other formal 
     documentation, particularly when such requests are for 
     capabilities that are not included on any United States 
     Government priority lists of necessary capabilities for the 
     defense of Taiwan; and
       (2) to ensure close consultation among representatives of 
     Taiwan, Congress, industry, and the Executive branch about 
     requests referred to in paragraph (1) and the needs of Taiwan 
     before Taiwan submits formal requests for such purchases.
       (b) Reporting Requirement.--Not later than 45 days after 
     the date of the enactment of this Act, the Secretary of State 
     and the Secretary of Defense shall jointly submit to the 
     appropriate committees of Congress--
       (1) a list of categories of counter intervention 
     capabilities and a justification for each such category; and
       (2) a description of the degree to which the United States 
     has a policy of openness or flexibility for the consideration 
     of capabilities that may not fall within the scope of counter 
     intervention capabilities included in the list required under 
     paragraph (1), due to potential changes, such as--
       (A) the evolution of defense technologies;
       (B) the identification of new concepts of operation or ways 
     to employ certain capabilities; and
       (C) other factors that might change assessments by the 
     United States and Taiwan of what constitutes counter 
     intervention capabilities.
       (c) Form.--The report required in this section shall be 
     submitted in classified form.

     SEC. 1287. COMPREHENSIVE TRAINING PROGRAM.

       (a) In General.--The Secretary of State and the Secretary 
     of Defense shall establish or expand a comprehensive training 
     program with Taiwan designed to--
       (1) achieve interoperability;
       (2) familiarize the militaries of the United States and 
     Taiwan with each other; and
       (3) improve Taiwan's defense capabilities.
       (b) Elements.--The training program should prioritize 
     relevant and realistic training, including as necessary joint 
     United States-Taiwan contingency tabletop exercises, war 
     games, full-scale military exercises, and an enduring 
     rotational United States military presence that assists 
     Taiwan in maintaining force readiness and utilizing United 
     States defense articles and services transferred from the 
     United States to Taiwan.
       (c) Annual Report.--Not later than 90 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 Secretary of Defense, shall submit to the 
     appropriate committees of Congress a classified report that 
     describes all training provided to the armed forces of Taiwan 
     in the prior fiscal year, including a description of how such 
     training--

[[Page S5792]]

       (1) achieved greater interoperability;
       (2) familiarized the militaries of the United States and 
     Taiwan with each other; and
       (3) improved Taiwan's defense capabilities.

     SEC. 1288. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE 
                   AND RESILIENCE.

       (a) Assessment Required.--Not later than 120 days after the 
     date of enactment of this Act, the Secretary of State and the 
     Secretary of Defense, in coordination with the Director of 
     National Intelligence and other cabinet Secretaries, as 
     appropriate, shall submit a written assessment, with a 
     classified annex, of Taiwan's needs in the areas of civilian 
     defense and resilience to the appropriate committees of 
     Congress, the Select Committee on Intelligence of the Senate, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (b) Matters To Be Included.--The assessment required under 
     subsection (a) shall--
       (1) analyze the potential role of Taiwan's public and 
     civilian assets in defending against various scenarios for 
     foreign militaries to coerce or conduct military aggression 
     against Taiwan;
       (2) carefully analyze Taiwan's needs for enhancing its 
     defensive capabilities through the support of civilians and 
     civilian sectors, including--
       (A) greater utilization of Taiwan's high tech labor force;
       (B) the creation of clear structures and logistics support 
     for civilian defense role allocation;
       (C) recruitment and skills training for Taiwan's defense 
     and civilian sectors;
       (D) strategic stockpiling of resources related to critical 
     food security and medical supplies; and
       (E) other defense and resilience needs and considerations 
     at the provincial, city, and neighborhood levels;
       (3) analyze Taiwan's needs for enhancing resiliency among 
     its people and in key economic sectors;
       (4) identify opportunities for Taiwan to enhance 
     communications at all levels to strengthen trust and 
     understanding between the military, other government 
     departments, civilian agencies and the general public, 
     including--
       (A) communications infrastructure necessary to ensure 
     reliable communications in response to a conflict or crisis; 
     and
       (B) a plan to effectively communicate to the general public 
     in response to a conflict or crisis; and
       (5) identify the areas and means through which the United 
     States could provide training, exercises, and assistance at 
     all levels to support the needs discovered through the 
     assessment and fill any critical gaps where capacity falls 
     short of such needs.
       (c) Form of Report.--Notwithstanding the classified nature 
     of the assessment required under subsection (a), the 
     assessment shall be shared with appropriate officials of the 
     government in Taiwan to facilitate cooperation.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     complete the assessment required under subsection (a) --
       (A) $500,000 for the Department of State; and
       (B) $500,000 for the Department of Defense.
       (2) Transfer authority.--The Secretary of State and the 
     Secretary of Defense are authorized to transfer any funds 
     appropriated to their respective departments pursuant to 
     paragraph (1) to the Director of National Intelligence for 
     the purposes of facilitating the contributions of the 
     intelligence community to the assessment required under 
     subsection (a).

     SEC. 1289. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR 
                   TAIWAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should appropriately prioritize 
     the review of excess defense article transfers to Taiwan.
       (b) Five-year Plan.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall--
       (1) develop a 5-year plan to appropriately prioritize 
     excess defense article transfers to Taiwan; and
       (2) submit a report to the appropriate committees of 
     Congress that describes such plan.
       (c) Required Coordination.--The United States Government 
     shall coordinate and align excess defense article transfers 
     with capacity building efforts of Taiwan.
       (d) Transfer Authority.--
       (1) In general.--Section 516(c)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by 
     striking ``and to the Philippines'' and inserting ``, to the 
     Philippines, and to Taiwan''.
       (2) Treatment of taiwan.--With respect to the transfer of 
     excess defense articles under section 516(c)(2) of the 
     Foreign Assistance Act of 1961, as amended by paragraph (1), 
     Taiwan shall receive the same benefits as the other countries 
     referred to in such section.

     SEC. 1290. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN 
                   MILITARY SALES PROGRAM.

       (a) Preclearance of Certain Foreign Military Sales Items.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Defense and in conjunction with coordinating entities such as 
     the National Disclosure Policy Committee and the Arms 
     Transfer and Technology Release Senior Steering Group, shall 
     compile a list of available and emerging military platforms, 
     technologies, and equipment that are pre-cleared and 
     prioritized for sale and release to Taiwan through the 
     Foreign Military Sales program.
       (2) Selection of items.--
       (A) In general.--The items pre-cleared for sale pursuant to 
     paragraph (1) shall represent a full range of capabilities 
     required to implement a strategy of denial informed by United 
     States readiness and risk assessments and determined by 
     Taiwan to be required for various wartime scenarios and 
     peacetime duties.
       (B) Rule of construction.--The list compiled pursuant to 
     paragraph (1) shall not be construed as limiting the type, 
     timing, or quantity of items that may be requested by, or 
     sold to, Taiwan under the Foreign Military Sales program.
       (C) Rule of construction.--Nothing in this subtitle shall 
     be construed to supersede congressional notification 
     requirements as required by the Arms Export Control Act (22 
     U.S.C. 2751 et. seq.) or any informal tiered review process 
     for congressional notifications pertaining to Foreign 
     Military Sales.
       (b) Prioritized Processing of Foreign Military Sales 
     Requests From Taiwan.--
       (1) Requirement.--The Secretary of State and the Secretary 
     of Defense shall prioritize and expedite the processing of 
     requests from Taiwan under the Foreign Military Sales 
     program, and may not delay the processing of requests for 
     bundling purposes.
       (2) Duration.--The requirement under paragraph (1) shall 
     continue until the Secretary of State determines and 
     certifies to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that the threat to Taiwan has significantly 
     abated.
       (c) Priority Production.--
       (1) In general.--Contractors awarded Department of Defense 
     contracts to provide items for sale to Taiwan under the 
     Foreign Military Sales program should expedite and prioritize 
     the production of such items above the production of other 
     items.
       (2) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter for 10 
     years, the Secretary of State and the Secretary of Defense 
     shall jointly submit to the Committee on Foreign Relations 
     and the Committee on Armed Services of the Senate and the 
     Committee on Foreign Affairs and the Committee on Armed 
     Services of the House of Representatives a report describing 
     what actions the Department of State and the Department of 
     Defense have taken or are planning to take to prioritize 
     Taiwan's Foreign Military Sales cases, and current procedures 
     or mechanisms for determining that a Foreign Military Sales 
     case for Taiwan should be prioritized above a sale to another 
     country of the same or similar item.
       (d) Interagency Policy.--The Secretary of State and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     Foreign Military Sales requests from Taiwan, including 
     incorporating the preclearance provisions of this section.

     SEC. 1291. WHOLE-OF-GOVERNMENT DETERRENCE MEASURES TO RESPOND 
                   TO THE PEOPLE'S REPUBLIC OF CHINA'S FORCE 
                   AGAINST TAIWAN.

       (a) Whole-of-government Review.--Not later than 14 days 
     after the date of the enactment of this Act, the President 
     shall convene the heads of all relevant Federal departments 
     and agencies to conduct a whole-of-government review of all 
     available economic, diplomatic, and other strategic measures 
     to deter the use of force by the People's Republic of China 
     to change the status quo of Taiwan.
       (b) Briefing Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter 
     for the following 5 years, the Secretary of State, the 
     Secretary of the Treasury, the Secretary of Defense, the 
     Secretary of Commerce, the Director of National Intelligence, 
     and any other relevant heads of Federal departments and 
     agencies shall provide a detailed briefing to the appropriate 
     committees of Congress regarding--
       (1) all available economic, diplomatic, and other strategic 
     measures to deter the use of force by the People's Republic 
     of China, including coercion, grey-zone tactics, assertions, 
     shows of force, quarantines, embargoes, or other measures to 
     change the status quo of Taiwan;
       (2) efforts by the United States Government to deter the 
     use of force by the People's Republic of China to change the 
     status quo of Taiwan; and
       (3) progress to date of all coordination efforts between 
     the United States Government and its allies and partners with 
     respect to deterring the use of force to change the status 
     quo of Taiwan.
       (c) Coordinated Consequences With Allies and Partners.--The 
     Secretary of State shall--
       (1) coordinate with United States allies and partners to 
     identify and develop significant economic, diplomatic, and 
     other measures to deter the use of force by the People's 
     Republic of China to change the status quo of Taiwan; and
       (2) announce, in advance, the severe consequences that 
     would take effect immediately after the People's Republic of 
     China engaged in any such use of force.
       (d) Assignments for Defense Attaches.--The Secretary of 
     State shall work with the Secretary of Defense to post 
     resident Defense attaches in the Indo-Pacific region, 
     particularly in locations where the People's Republic of 
     China has a resident military attache

[[Page S5793]]

     and the United States does not have a comparable position.
       (e) Classified Briefings.--The briefings required under 
     this section shall take place in a classified setting.

     SEC. 1292. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE 
                   ADDITIONS AND SUPPORT FOR TAIWAN.

       (a) In General.--Section 514(b)(2)(A) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)(A)) is amended 
     by striking ``$200,000,000'' and all that follows and 
     inserting ``$500,000,000 for any of the fiscal years 2023, 
     2024, or 2025.''.
       (b) Establishment.--Subject to section 514 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321h), the President may 
     establish a regional contingency stockpile for Taiwan that 
     consists primarily of munitions.
       (c) Inclusion of Taiwan Among Other Allies Eligible for 
     Defense Articles.--Chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended--
       (1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by 
     inserting ``Taiwan,'' after ``Thailand,''; and
       (2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by 
     inserting ``to Taiwan,'' after ``major non-NATO allies on 
     such southern and southeastern flank,''.
       (d) Annual Briefing.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter for 7 
     years, the President shall provide a briefing to the 
     appropriate committees of Congress regarding the status of a 
     regional contingency stockpile established under subsection 
     (b).

     SEC. 1293. TREATMENT OF TAIWAN AS A MAJOR NON-NATO ALLY.

        Notwithstanding any other provision of law, Taiwan shall 
     be treated as though it were designated a major non-NATO 
     ally, as defined in section 644(q) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2403(q) et seq.), for the purposes of 
     the transfer or possible transfer of defense articles or 
     defense services under the Arms Export Control Act (22 U.S.C. 
     2751 et seq.), section 2350a of title 10, United States Code, 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
     or any other provision of law.

     SEC. 1294. USE OF PRESIDENTIAL DRAWDOWN AUTHORITY TO PROVIDE 
                   SECURITY ASSISTANCE TO TAIWAN.

       It is the sense of Congress that the President should use 
     the presidential drawdown authority under sections 506(a) and 
     552(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2318(a) and 2348a(c)) to provide security assistance and 
     other necessary commodities and services to Taiwan in support 
     of Taiwan's self-defense.

     SEC. 1295. INTERNATIONAL MILITARY EDUCATION AND TRAINING 
                   COOPERATION WITH TAIWAN.

       (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 promotes improved capabilities of the military forces of 
     allied and friendly countries and closer cooperation between 
     the United States Armed Forces and such military forces;
       (2) it is in the national interest of the United States and 
     consistent with the Taiwan Relations Act (Public Law 96-8; 22 
     U.S.C. 3301 et seq.) to further strengthen the military 
     forces of Taiwan, particularly--
       (A) to enhance the defensive capabilities of such forces; 
     and
       (B) to improve interoperability of such forces with the 
     United States Armed Forces; and
       (3) the government in Taiwan--
       (A) should be authorized to participate in the 
     International Military Education and Training program; and
       (B) should encourage eligible officers and civilian leaders 
     of Taiwan to participate in such training program and promote 
     successful graduates to positions of prominence in the 
     military forces of Taiwan.
       (b) Authorization of Participation of Taiwan in the 
     International Military Education and Training Program.--
     Taiwan is authorized to participate in the International 
     Military Education and Training program for the following 
     purposes:
       (1) To train future leaders of Taiwan.
       (2) To establish a rapport between the United States Armed 
     Forces and the military forces of Taiwan to build 
     partnerships for the future.
       (3) To enhance interoperability and capabilities for joint 
     operations between the United States and Taiwan.
       (4) To promote professional military education, civilian 
     control of the military, and protection of human rights in 
     Taiwan.
       (5) To foster a better understanding of the United States 
     among individuals in Taiwan.

     SEC. 1296. EXPEDITING DELIVERY OF ARMS EXPORTS TO TAIWAN AND 
                   UNITED STATES ALLIES IN THE INDO-PACIFIC.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) prioritizing the defense needs of United States allies 
     and partners in the Indo-Pacific is a national security 
     priority; and
       (2) sustained support to key Indo-Pacific partners for 
     interoperable defense systems is critical to preserve--
       (A) the safety and security of American persons;
       (B) the free flow of commerce through international trade 
     routes;
       (C) the United States commitment to collective security 
     agreements, territorial integrity, and recognized maritime 
     boundaries;
       (D) United States values regarding democracy and commitment 
     to maintaining a free and open Indo-Pacific; and
       (E) Taiwan's defense capability.
       (b) Report Required.--Not later than March 1, 2023, and 
     annually thereafter for a period of five years, the Secretary 
     of State, with the concurrence of the Secretary of Defense, 
     shall transmit to the appropriate committees of Congress a 
     report with respect to the transfer of all defense articles 
     or defense services that have yet to be completed pursuant to 
     the authorities provided by--
       (1) section 3, 21, or 36 of the Arms Export Control Act (22 
     U.S.C. 2753, 2761, or 2776); or
       (2) section 516(c)(2) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321j(c)(2)).
       (c) Elements.--The report required under subsection (b) 
     shall include the following elements:
       (1) A list of all approved transfers of defense articles 
     and services authorized by Congress pursuant to sections 25 
     and 36 of the Arms Export Control Act (22 U.S.C. 2765, 2776) 
     with a total value of $25,000,000 or more, to Taiwan, Japan, 
     South Korea, Australia, or New Zealand, that have not been 
     fully delivered by the start of the fiscal year in which the 
     report is being submitted.
       (2) The estimated start and end dates of delivery for each 
     approved and incomplete transfer listed pursuant to paragraph 
     (1), including additional details and dates for any transfers 
     that involve multiple tranches of deliveries.
       (3) With respect to each approved and incomplete transfer 
     listed pursuant to paragraph (1), a detailed description of--
       (A) any changes in the delivery dates of defense articles 
     or services relative to the dates anticipated at the time of 
     congressional approval of the transfer, including specific 
     reasons for any delays related to the United States 
     Government, defense suppliers, or a foreign partner;
       (B) the feasibility and advisability of providing the 
     partner subject to such delayed delivery with an interim 
     capability or solution, including drawing from United States 
     stocks, and the mechanisms under consideration for doing so 
     as well as any challenges to implementing such a capability 
     or solution;
       (C) authorities, appropriations, or waiver requests that 
     Congress could provide to improve delivery timelines or 
     authorize the provision of interim capabilities or solutions 
     identified pursuant to subparagraph (B); and
       (D) a description of which countries are ahead of Taiwan 
     for delivery of each item listed pursuant to paragraph (1).
       (4) A description of ongoing interagency efforts to support 
     attainment of operational capability of the corresponding 
     defense articles and services once delivered, including 
     advance training with United States or armed forces of 
     partner countries on the systems to be received. The 
     description of any such training shall also include an 
     identification of the training implementer.
       (5) If a transfer listed pursuant to paragraph (1) has been 
     terminated prior to the date of the submission of the report 
     for any reason--
       (A) the case information for such transfer, including the 
     date of congressional notification, delivery date of the 
     Letter of Offer and Acceptance (LOA), final signature of the 
     LOA, and information pertaining to delays in delivering LOAs 
     for signature;
       (B) a description of the reasons for which the transfer is 
     no longer in effect; and
       (C) the impact this termination will have on the intended 
     end-user and the consequent implications for regional 
     security, including the impact on deterrence of military 
     action by countries hostile to the United States, the 
     military balance in the Taiwan Strait, and other factors.
       (6) A separate description of the actions the United States 
     is taking to expedite deliveries of defense articles and 
     services to Taiwan, including in particular, whether the 
     United States intends to divert defense articles from United 
     States stocks to provide an interim capability or solution 
     with respect to any delayed deliveries to Taiwan and the 
     plan, if applicable, to replenish any such diverted stocks.
       (7) A description of other potential actions already 
     undertaken by or currently under consideration by the 
     Department of State and the Department of Defense to improve 
     delivery timelines for the transfers listed pursuant to 
     paragraph (1).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (e) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form but may include a 
     classified annex.
                                 ______
                                 
  SA 6260. 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:


[[Page S5794]]


  

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

     SEC. 753. ACCESS TO ASSESSMENT AND TREATMENT FOR INDIVIDUALS 
                   IMPACTED BY RED HILL INCIDENT.

       (a) Assessment.--At each military medical treatment 
     facility in Hawaii, the Secretary of Defense shall provide to 
     impacted individuals, subject to space availability, timely 
     access for medical assessment.
       (b) Treatment.--For each impacted individual diagnosed with 
     a condition or affliction consistent with exposure to 
     petroleum contaminated water, whether diagnosed under an 
     assessment under subsection (a) or otherwise, the Secretary 
     of Defense shall provide to the impacted individual, subject 
     to space availability, treatment for the condition or 
     affliction at a military medical treatment facility in 
     Hawaii.
       (c) Definitions.--In this section:
       (1) Impacted individual.--The term ``impacted individual'' 
     means an individual who--
       (A) at the time of the Red Hill Incident, lived or worked 
     in a building or residence served by the community water 
     system at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii; and
       (B) is not a beneficiary of the military health system.
       (2) Red hill incident.--The term ``Red Hill Incident'' 
     means the release of fuel from the Red Hill Bulk Fuel Storage 
     Facility, Oahu, Hawaii, into the sole-source basal aquifer 
     located 100 feet below the facility, contaminating the 
     community water system at Joint Base Pearl Harbor-Hickam on 
     November 20, 2021.
                                 ______
                                 
  SA 6261. 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 II, add the following:

     SEC. 221. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON 
                   EMERGING TECHNOLOGY AND NATIONAL SECURITY.

       Section 236 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283), is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (2) by redesignating subsection (e) and (f) as subsections 
     (f) and (g), respectively;
       (3) by inserting after subsection (d) the following:
       ``(e) Report on Comparative Capabilities of Adversaries 
     With Respect to Lethal Autonomous Weapon Systems.--
       ``(1) In general.--Not later than December 31, 2023, and 
     annually thereafter, the Steering Committee shall submit the 
     appropriate congressional committees a report comparing the 
     capabilities of the United States with the capabilities of 
     adversaries of the United States with respect to weapon 
     systems described in paragraph (3).
       ``(2) Elements.--The report required by paragraph (1) shall 
     include--
       ``(A) for each weapon system described in subsection (c)--
       ``(i) an evaluation of spending by the United States and 
     adversaries on such weapon system;
       ``(ii) an evaluation of the test infrastructure and 
     workforce supporting such weapon system; and
       ``(iii) an evaluation of the quantity of such weapon system 
     under development, developed, or deployed;
       ``(B) an assessment of the technological progress of the 
     United States and adversaries on lethal fully automated 
     weapon systems technology;
       ``(C) a description of the timeline for operational 
     deployment of such technology by the United States and 
     adversaries;
       ``(D) an assessment, conducted in coordination with the 
     Director of National Intelligence, of the intent or 
     willingness of adversaries to use such technology; and
       ``(E) the approval process of the United States for the 
     development and deployment of lethal automated weapon 
     systems.
       ``(3) Weapon systems described.--The weapon systems 
     described in this subsection are the following:
       ``(A) Weapon systems with lethal, offensive capabilities 
     that are fully-automated or have the potential to become 
     fully-automated.
       ``(B) Weapon systems with targeting assist capabilities.
       ``(C) Automated systems with intelligence, surveillance, 
     and reconnaissance capabilities.
       ``(4) Form.--The report required by paragraph (1) shall be 
     submitted in classified form.
       ``(5) Appropriate congressional committees defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''; and
       (4) in subsection (f), as redesignated by paragraph (2)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following:
       ``(2) Fully automated; potential to become fully 
     automated.--
       ``(A) Fully automated.--The term `fully automated', with 
     respect to a weapon system, means that the weapon system, 
     once activated, can select and engage targets without further 
     intervention by an operator, as defined in Department of 
     Defense Directive 3000.09; or
       ``(B) Potential to become fully automated.--The term 
     `potential to become fully automated', with respect to a 
     weapon system, means that the weapon system has the potential 
     to be deployed in a manner that would qualify as an 
     autonomous weapon system under Department of Defense 
     Directive 3000.09.''.
                                 ______
                                 
  SA 6262. 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 XVI, add the following:

     SEC. 1633. ASSESSMENT OF QUALITY OF DATA USED TO TRAIN 
                   ALGORITHMS FOR TARGET IDENTIFICATION.

       (a) In General.--Not later than December 31, 2023, the 
     Secretary of Defense shall complete a comprehensive 
     assessment of the quality of data and potential for racial 
     bias of data labeling used to train algorithms for target 
     identification and sensor processing and decision-making 
     support.
       (b) Contents.--The assessment required by subsection (a) 
     shall include an assessment of data used to train--
       (1) target identification algorithms for Project Maven;
       (2) intelligence, surveillance, and reconnaissance systems;
       (3) weapon systems that have lethal, offensive strike 
     capabilities that are autonomous or planned to become 
     autonomous; and
       (4) weapon systems subject to senior review under 
     Department of Defense Directive 3000.09; and
       (c) Briefing.--Not later than February 1, 2024, the 
     Secretary shall brief the appropriate congressional 
     committees on the completed assessment required by subsection 
     (a) and recommendations how to improve the quality of the 
     assessed data.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Autonomous; planned to become autonomous.--
       (A) Autonomous.--The term ``autonomous'', with respect to a 
     weapon system, means that the weapon system, once activated, 
     can select and engage targets without further intervention by 
     an operator, as defined in Department of Defense Directive 
     3000.09; or
       (B) Planned to become autonomous.--The term ``planned to 
     become autonomous'', with respect to a weapon system, means 
     that the weapon system has the potential to be deployed in a 
     manner that would qualify as an autonomous weapon system 
     under Department of Defense Directive 3000.09.
       (3) Quality of data.--The term ``quality of data'' 
     includes--
       (A) the accuracy of data labeling;
       (B) the condition of the data;
       (C) the accuracy of data indexing;
       (D) the suitability of the data for the intended task; and
       (E) the freedom of the data from unintended bias.
                                 ______
                                 
  SA 6263. 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 XVI, add the following:

[[Page S5795]]

  


     SEC. 1633. FRAMEWORK FOR CONSISTENT DATA MANAGEMENT FOR 
                   ARTIFICIAL INTELLIGENCE TARGET IDENTIFICATION.

       (a) In General.--Not later than December 31, 2023, the 
     Secretary of Defense shall develop and implement a framework 
     for artificial intelligence and machine learning for 
     intelligence, surveillance, reconnaissance, defense, and 
     offensive purposes throughout the Department of Defense.
       (b) Contents.--The framework required by subsection (a) 
     shall include--
       (1) criteria for data reviewers to ensure data quality--
       (A) suitability for training artificial intelligence; and
       (B) such additional criteria as the Secretary determines 
     necessary;
       (2) a consistent development process and labeling 
     procedures that adhere to the ethical principals for the use 
     of artificial intelligence adopted by the Department, 
     including the principles of responsibility, equitability, 
     traceability, reliability, and governability; and
       (3) processes for data input, evaluation, review, feedback, 
     update, and oversight.
       (c) Briefing.--Not later than February 1, 2024, the 
     Secretary shall brief the appropriate congressional 
     committees on the status of the development and 
     implementation of the framework.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Data quality.--The term ``data quality'' includes--
       (A) the accuracy of data labeling;
       (B) the condition of the data;
       (C) the accuracy of data indexing;
       (D) the suitability of the data for the intended task; and
       (E) the freedom of the data from unintended bias.
                                 ______
                                 
  SA 6264. 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 G of title X, add the following:

     SEC. 1077. MALHEUR COUNTY, OREGON, GRAZING MANAGEMENT.

       (a) Definitions.--In this section:
       (1) Bureau.--The term ``Bureau'' means the Bureau of Land 
     Management.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (3) County.--The term ``County'' means Malheur County, 
     Oregon.
       (4) Federal land.--The term ``Federal land'' means land in 
     the County managed by the Bureau.
       (5) Long-term ecological health.--The term ``long-term 
     ecological health'', with respect to an ecosystem, means the 
     ability of the ecological processes of the ecosystem to 
     function in a manner that maintains the composition, 
     structure, activity, and resilience of the ecosystem over 
     time, including an ecologically appropriate diversity of 
     plant and animal communities, habitats, and conditions that 
     are sustainable through successional processes.
       (6) Loop road.--
       (A) In general.--The term ``loop road'' means a route 
     managed and maintained by the Bureau or the County, as 
     applicable, for the purpose of providing directed tourism and 
     educational opportunities in the County.
       (B) Inclusion.--The term ``loop road'' includes each of the 
     roads described in subparagraphs (B) through (E) of 
     subsection (e)(2).
       (7) Malheur ceo group.--The term ``Malheur CEO Group'' 
     means the Malheur Community Empowerment for Owyhee Group 
     established under subsection (c)(1).
       (8) Operational flexibility.--The term ``operational 
     flexibility'', with respect to grazing on the Federal land, 
     means any approved seasonal adjustments of livestock 
     positioning for the purposes of that grazing pursuant to a 
     flexible grazing use authorized under the program.
       (9) Program.--The term ``program'' means the Malheur County 
     Grazing Management Program authorized under subsection 
     (b)(1).
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (11) State.--The term ``State'' means the State of Oregon.
       (b) Malheur County Grazing Management Program.--
       (1) In general.--The Secretary may carry out a grazing 
     management program on the Federal land, to be known as the 
     ``Malheur County Grazing Management Program'', in accordance 
     with the memorandum entitled ``Bureau of Land Management 
     Instruction Memorandum 2018-109'', to provide to authorized 
     grazing permittees and lessees increased operational 
     flexibility to improve the long-term ecological health of the 
     Federal land.
       (2) Permit operational flexibility.--
       (A) Flexible grazing use alternative for a grazing permit 
     or lease.--For purposes of renewing a grazing permit or lease 
     under the program, pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary 
     shall develop and analyze at least 1 alternative to provide 
     operational flexibility in livestock grazing use to account 
     for changing conditions.
       (B) Interim flexible grazing use for a grazing permit or 
     lease.--For purposes of using operational flexibility pending 
     the renewal of a grazing permit or lease under the program, 
     the Bureau may authorize temporary changes in livestock 
     grazing use in accordance with applicable laws (including 
     regulations) after providing notice to the applicable 
     individuals and entities described in subparagraph (C).
       (C) Consultation.--The Secretary shall develop alternatives 
     under subparagraph (A) in consultation with--
       (i) the applicable grazing permittee or lessee;
       (ii) affected Federal and State agencies;
       (iii) the Malheur CEO Group;
       (iv) other landowners in the affected allotment; and
       (v) interested members of the public.
       (D) Monitoring plans.--
       (i) In general.--The Secretary shall develop cooperative 
     rangeland monitoring plans and rangeland health objectives to 
     apply to actions taken under subparagraph (A) or (B) and to 
     improve the long-term ecological health of the Federal land 
     under the program, in consultation with grazing permittees or 
     lessees and other individuals and entities described in 
     subparagraph (C).
       (ii) Requirements.--A monitoring plan developed under 
     clause (i) shall--

       (I) identify situations in which providing operational 
     flexibility in grazing permit or lease uses is appropriate to 
     improve long-term ecological health of the Federal land;
       (II) identify ways in which progress would be measured 
     toward long-term ecological health of the Federal land;
       (III) include--

       (aa) a description of the condition standards for which the 
     monitoring is tracking, including baseline conditions and 
     desired outcome conditions;
       (bb) a description of monitoring methods and protocols;
       (cc) a schedule for collecting data;
       (dd) an identification of the responsible party for data 
     collection and storage;
       (ee) an evaluation schedule;
       (ff) a description of the anticipated use of the data;
       (gg) provisions for adjusting any components of the 
     monitoring plan; and
       (hh) a description of the method to communicate the 
     criteria for adjusting livestock grazing use; and

       (IV) provide for annual reports on the effects of 
     operational flexibility in grazing permit or lease uses under 
     the program.

       (E) Terms and conditions.--
       (i) Preferred alternative.--If the Secretary determines 
     that an alternative considered under the program that 
     provides operational flexibility is the preferred 
     alternative, the Secretary shall incorporate the alternative, 
     including applicable monitoring plans developed under 
     subparagraph (D), into the terms and conditions of the 
     applicable grazing permit or lease.
       (ii) Adjustments.--Before implementing any measure for 
     purposes of operational flexibility with respect to a grazing 
     use authorized under the terms and conditions of a permit or 
     lease with respect to which an alternative has been 
     incorporated under clause (i), the grazing permittee or 
     lessee shall notify the Secretary in writing of the proposed 
     adjustment.
       (iii) Additional requirements.--The Secretary may include 
     any other requirements in a permit or lease with respect to 
     which an alternative has been incorporated under clause (i) 
     that the Secretary determines to be necessary.
       (3) Review; termination.--
       (A) Review.--
       (i) In general.--Subject to clause (ii), not earlier than 
     the date that is 8 years after the date of enactment of this 
     Act, the Secretary shall conduct a review of the program to 
     determine whether the objectives of the program are being 
     met.
       (ii) No effect on program permits and leases.--The review 
     of the program under clause (i) shall not affect the 
     existence, renewal, or termination of a grazing permit or 
     lease entered into under the program.
       (B) Termination.--If, based on the review conducted under 
     subparagraph (A), the Secretary determines that the 
     objectives of the program are not being met, the Secretary 
     shall, on the date that is 10 years after the date of 
     enactment of this Act--
       (i) modify the program in a manner to ensure that the 
     objectives of the program would be met; or
       (ii) terminate the program.
       (4) No effect on grazing rights or privileges.--Nothing in 
     this section--
       (A) affects the rights or privileges provided under the Act 
     of 10 June 28, 1934 (commonly known as the ``Taylor Grazing 
     Act''; 43 U.S.C. 315 et seq.); or
       (B) requires the Secretary to consider modifying or 
     terminating the classification

[[Page S5796]]

     of any existing grazing district on the Federal land in any 
     subsequent plan or decision of the Secretary.
       (c) Malheur Community Empowerment for Owyhee Group.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory group, to be known as the ``Malheur Community 
     Empowerment for Owyhee Group''--
       (A) to provide to the Secretary advice and recommendations 
     relating to the implementation of actions proposed to be 
     carried out under this section, including monitoring and 
     operational flexibility of grazing use of the Federal land;
       (B) to be listed as an interested party for pending Bureau 
     management decisions on the Federal land under this section; 
     and
       (C) to provide advice and recommendations to the State and 
     the County commissioners on economic development issues 
     relating to the Federal land under this section.
       (2) Membership.--
       (A) In general.--The Malheur CEO Group shall consist of--
       (i) 8 voting members, to be appointed by the Secretary, 
     based on recommendations from the Vale District Bureau 
     manager and the County commissioners, of whom--

       (I) 3 shall be representatives of grazing permittees and 
     lessees in the County;
       (II) 3 shall be representatives of other businesses or 
     conservation or recreation organizations in the County, of 
     whom at least 2 shall reside in the County;
       (III) 1 shall be a representative of the Burns Paiute 
     Tribe; and
       (IV) 1 shall be a representative of the Fort McDermott 
     Tribe; and

       (ii) 4 nonvoting members, to be appointed by the Secretary, 
     based on recommendations from the Vale District Bureau 
     manager and the County commissioners, of whom--

       (I) 1 shall be a representative of the Bureau Vale 
     District;
       (II) 1 shall be a representative of the United States Fish 
     and Wildlife Service;
       (III) 1 shall be a representative of the State; and
       (IV) 1 shall be a representative of the County.

       (B) Appointment.--
       (i) Initial appointments.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     appoint the initial members of the Malheur CEO Group.
       (ii) Terms.--Each member of the Malheur CEO Group shall 
     serve for a term of 3 years.
       (iii) Reappointment.--A member of the Malheur CEO Group may 
     be reappointed for 1 or more additional 3-year terms.
       (iv) Vacancies.--A vacancy on the Malheur CEO Group shall 
     be filled--

       (I) as soon as practicable after the vacancy occurs; and
       (II) in the same manner as the original appointment.

       (C) Compensation and expenses.--
       (i) Compensation.--Members of the Malheur CEO Group shall 
     serve without compensation.
       (ii) Travel expenses.--Each member of the Malheur CEO Group 
     shall receive from the Secretary travel expenses, including 
     per diem in lieu of subsistence, in accordance with sections 
     5702 and 5703 of title 5, United States Code.
       (D) Chairperson.--A chairperson shall be elected by a 
     majority of the voting members of the Malheur CEO Group.
       (E) Secretary.--The representative from the Bureau Vale 
     District appointed under subparagraph (A)(ii)(I) shall be--
       (i) the secretary and recordkeeper for the Malheur CEO 
     Group; and
       (ii) responsible for convening meetings of the Malheur CEO 
     Group.
       (3) Duties.--
       (A) In general.--The Malheur CEO Group shall--
       (i) review any program project proposed to the Bureau by--

       (I) a member of the Malheur CEO Group;
       (II) a grazing permittee or lessee on the Federal land; or
       (III) any other member of the public;

       (ii) subject to subparagraph (B), propose program projects 
     and funding recommendations to the Secretary under this 
     subsection;
       (iii) cooperate with appropriate officials of land 
     management agencies in the County in recommending program 
     projects consistent with purposes of this subsection;
       (iv) review program monitoring data and, in accordance with 
     this paragraph, recommend program project modifications, if 
     appropriate; and
       (v) provide frequent opportunities for citizens, 
     organizations, Indian Tribes, land management agencies, and 
     other interested parties to participate openly and 
     meaningfully in program project development and 
     implementation.
       (B) Projects proposed to secretary.--The Malheur CEO Group 
     may propose a program project to the Secretary if the program 
     project has been approved by a majority of the members voting 
     at an official meeting of the Malheur CEO Group.
       (4) Meetings.--
       (A) In general.--A quorum is required for an official 
     meeting of the Malheur CEO Group.
       (B) Biannual meetings.--The Malheur CEO Group shall hold 
     official meetings not less frequently than biannually.
       (C) Virtual meetings.--An official meeting of the Malheur 
     CEO Group may be held virtually.
       (D) Quorum.--A quorum of the Malheur CEO Group shall 
     consist of a majority of the members of the Malheur CEO Group 
     participating in person or virtually.
       (E) Open meetings.--Each meeting of the Malheur CEO Group 
     shall--
       (i) not later than the date that is 1 week before the date 
     of the meeting, be announced--

       (I) on the public website of the Bureau; and
       (II) in a local newspaper of record, as determined by the 
     Secretary; and

       (ii) be held open to the public.
       (F) Records.--The secretary of the Malheur CEO Group 
     described in paragraph (2)(E) shall--
       (i) maintain records of each official meeting of the 
     Malheur CEO Group; and
       (ii) make the records maintained under clause (i) available 
     for public inspection.
       (5) Bylaws.--
       (A) In general.--The members of the Malheur CEO Group shall 
     establish bylaws for the Malheur CEO Group.
       (B) Requirement.--Bylaws may be established under 
     subparagraph (A) on approval by a majority of the members of 
     the Malheur CEO Group.
       (6) Consultation.--During any period in which the program 
     and the Malheur CEO Group are in existence, the Secretary 
     shall consult with the Malheur CEO Group--
       (A) not less frequently than once every 60 days; or
       (B) as otherwise agreed to by--
       (i) the Secretary; and
       (ii) the Malheur CEO Group.
       (7) FACA applicability.--The Federal Advisory Committee Act 
     (5 U.S.C. App.) shall not apply to the Malheur CEO Group.
       (8) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary to carry out this subsection $51,000 for each 
     of fiscal years 2023 through 2027.
       (B) Administrative costs.--Of the amounts made available 
     under subparagraph (A), not more than 10 percent may be used 
     for administrative costs relating to the Malheur CEO Group.
       (d) Land Designations.--
       (1) Definitions.--In this subsection:
       (A) Map.--The term ``Map'' means the map entitled 
     ``Proposed Wilderness Malheur County'' and dated November 6, 
     2019.
       (B) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area designated by paragraph (2)(A).
       (2) Designation of wilderness areas.--
       (A) In general.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following Federal land in the 
     County comprising approximately 1,133,841 acres, as generally 
     depicted on the Map, is designated as wilderness and as 
     components of the National Wilderness Preservation System:
       (i) Fifteenmile creek wilderness.--Certain Federal land, 
     comprising approximately 58,599 acres, as generally depicted 
     on the Map, which shall be known as the ``Fifteenmile Creek 
     Wilderness''.
       (ii) Oregon canyon mountains wilderness.--Certain Federal 
     land, comprising approximately 57,891 acres, as generally 
     depicted on the Map, which shall be known as the ``Oregon 
     Canyon Mountains Wilderness''.
       (iii) Twelvemile creek wilderness.--Certain Federal land, 
     comprising approximately 37,779 acres, as generally depicted 
     on the Map, which shall be known as the ``Twelvemile Creek 
     Wilderness''.
       (iv) Upper west little owyhee wilderness.--Certain Federal 
     land, comprising approximately 93,159 acres, as generally 
     depicted on the Map, which shall be known as the ``Upper West 
     Little Owyhee Wilderness''.
       (v) Lookout butte wilderness.--Certain Federal land, 
     comprising approximately 66,194 acres, as generally depicted 
     on the Map, which shall be known as the ``Lookout Butte 
     Wilderness''.
       (vi) Mary gautreaux owyhee river canyon wilderness.--
     Certain Federal land, comprising approximately 223,586 acres, 
     as generally depicted on the Map, which shall be known as the 
     ``Mary Gautreaux Owyhee River Canyon Wilderness''.
       (vii) Twin butte wilderness.--Certain Federal land, 
     comprising approximately 18,135 acres, as generally depicted 
     on the Map, which shall be known as the ``Twin Butte 
     Wilderness''.
       (viii) Cairn ``c'' wilderness.--Certain Federal land, 
     comprising approximately 8,946 acres, as generally depicted 
     on the Map, which shall be known as the ``Cairn `C' 
     Wilderness''.
       (ix) Oregon butte wilderness.--Certain Federal land, 
     comprising approximately 32,010 acres, as generally depicted 
     on the Map, which shall be known as the ``Oregon Butte 
     Wilderness''.
       (x) Deer flat wilderness.--Certain Federal land, comprising 
     approximately 12,266 acres, as generally depicted on the Map, 
     which shall be known as the ``Deer Flat Wilderness''.
       (xi) Sacramento hill wilderness.--Certain Federal, 
     comprising approximately 9,568 acres, as generally depicted 
     on the Map, which shall be known as the ``Sacramento Hill 
     Wilderness''.
       (xii) Coyote wells wilderness.--Certain Federal land, 
     comprising approximately 7,147 acres, as generally depicted 
     on the Map, which shall be known as the ``Coyote Wells 
     Wilderness''.
       (xiii) Big grassey wilderness.--Certain Federal land, 
     comprising approximately 45,192 acres, as generally depicted 
     on the Map, which shall be known as the ``Big Grassey 
     Wilderness''.

[[Page S5797]]

       (xiv) Little groundhog reservoir wilderness.--Certain 
     Federal land, comprising approximately 5,272 acres, as 
     generally depicted on the Map, which shall be known as the 
     ``Little Groundhog Reservoir Wilderness''.
       (xv) Mary gautreaux lower owyhee canyon wilderness.--
     Certain Federal land, comprising approximately 79,947 acres, 
     as generally depicted on the Map, which shall be known as the 
     ``Mary Gautreaux Lower Owyhee Canyon Wilderness''.
       (xvi) Jordan crater wilderness.--Certain Federal land, 
     comprising approximately 31,141 acres, as generally depicted 
     on the Map, which shall be known as the ``Jordan Crater 
     Wilderness''.
       (xvii) Owyhee breaks wilderness.--Certain Federal land, 
     comprising approximately 29,471 acres, as generally depicted 
     on the Map, which shall be known as the ``Owyhee Breaks 
     Wilderness''.
       (xviii) Dry creek wilderness.--Certain Federal land, 
     comprising approximately 33,209 acres, as generally depicted 
     on the Map, which shall be known as the ``Dry Creek 
     Wilderness''.
       (xix) Dry creek buttes wilderness.--Certain Federal land, 
     comprising approximately 53,782 acres, as generally depicted 
     on the Map, which shall be known as the ``Dry Creek Buttes 
     Wilderness''.
       (xx) Upper leslie gulch wilderness.--Certain Federal land, 
     comprising approximately 2,911 acres, as generally depicted 
     on the Map, which shall be known as the ``Upper Leslie Gulch 
     Wilderness''.
       (xxi) Slocum creek wilderness.--Certain Federal land, 
     comprising approximately 7,528 acres, as generally depicted 
     on the Map, which shall be known as the ``Slocum Creek 
     Wilderness''.
       (xxii) Honeycombs wilderness.--Certain Federal land, 
     comprising approximately 40,099 acres, as generally depicted 
     on the Map, which shall be known as the ``Honeycombs 
     Wilderness''.
       (xxiii) Wild horse basin wilderness.--Certain Federal land, 
     comprising approximately 18,381 acres, as generally depicted 
     on the Map, which shall be known as the ``Wild Horse Basin 
     Wilderness''.
       (xxiv) Quartz mountain wilderness.--Certain Federal land, 
     comprising approximately 32,781 acres, as generally depicted 
     on the Map, which shall be known as the ``Quartz Mountain 
     Wilderness''.
       (xxv) The tongue wilderness.--Certain Federal land, 
     comprising approximately 6,800 acres, as generally depicted 
     on the Map, which shall be known as ``The Tongue 
     Wilderness''.
       (xxvi) Burnt mountain wilderness.--Certain Federal land, 
     comprising approximately 8,109 acres, as generally depicted 
     on the Map, which shall be known as the ``Burnt Mountain 
     Wilderness''.
       (xxvii) Cottonwood creek wilderness.--Certain Federal land, 
     comprising approximately 77,828 acres, as generally depicted 
     on the Map, which shall be known as the ``Cottonwood Creek 
     Wilderness''.
       (xxviii) Castle rock wilderness.--Certain Federal land, 
     comprising approximately 6,151 acres, as generally depicted 
     on the Map, which shall be known as the ``Castle Rock 
     Wilderness''.
       (xxix) West fork bendire wilderness.--Certain Federal land, 
     comprising approximately 10,519 acres, as generally depicted 
     on the Map, which shall be known as the ``West Fork Bendire 
     Wilderness''.
       (xxx) Beaver dam creek wilderness.--Certain Federal land, 
     comprising approximately 19,080 acres, as generally depicted 
     on the Map, which shall be known as the ``Beaver Dam Creek 
     Wilderness''.
       (B) Maps and legal descriptions.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to Congress a map and legal description of each wilderness 
     area.
       (ii) Effect.--Each map and legal description prepared under 
     clause (i) shall have the same force and effect as if 
     included in this section, except that the Secretary may 
     correct clerical and typographical errors in the map or legal 
     description.
       (iii) Public availability.--The maps and legal descriptions 
     prepared under clause (i) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau.
       (C) Management.--
       (i) In general.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--

       (I) 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; and
       (II) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.

       (ii) Grazing.--The Secretary shall allow the continuation 
     of the grazing of livestock, including the maintenance, 
     construction, or replacement of authorized supporting 
     facilities, in the wilderness areas, if established before 
     the date of enactment of this Act, in accordance with--

       (I) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (II) 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).

       (iii) Fire management and related activities.--The 
     Secretary may carry out any activities in the wilderness 
     areas that the Secretary determines to be necessary for the 
     control of fire, insects, and diseases, in accordance with--

       (I) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (II) 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).

       (iv) Roads adjacent to wilderness areas.--Nothing in this 
     section requires the closure of any adjacent road outside the 
     boundary of a wilderness area.
       (3) Management of land not designated as wilderness.--
       (A) Release of wilderness study area.--
       (i) Finding.--Congress finds that, for purposes of section 
     603(c) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1782(c)), any portion of the Federal land 
     designated as a wilderness study area, as depicted on the 
     Map, on the date of enactment of this Act that is not 
     designated as wilderness by paragraph (2)(A) has been 
     adequately studied for wilderness designation.
       (ii) Release.--Except as provided in subparagraph (B), the 
     land described in clause (i)--

       (I) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (II) shall be managed in accordance with the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
     including any applicable land use plan adopted under section 
     202 of that Act (43 U.S.C. 1712).

       (B) Management of certain land with wilderness 
     characteristics.--Any portion of the Federal land that was 
     previously determined by the Secretary to be land with 
     wilderness characteristics that is not designated as 
     wilderness by paragraph (2)(A) shall be managed by the 
     Secretary in accordance with the applicable land use plans 
     adopted under section 202 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712).
       (e) Economic Development.--
       (1) Definition of map.--In this subsection, the term 
     ``Map'' means the map entitled ``Lake Owyhee, Succor Creek, 
     Birch Creek, and Three Forks Scenic Loops'' and dated 
     November 6, 2019.
       (2) Loop roads requirements.--
       (A) In general.--The Secretary, in coordination with the 
     County, shall work with Travel Oregon to establish the loop 
     roads.
       (B) Owyhee dam road.--
       (i) Safety upgrades.--

       (I) In general.--The Secretary shall seek to enter into an 
     arrangement with the County to fund safety upgrades, in 
     accordance with County road standards, to the Owyhee Dam Road 
     to ensure access to the recreational opportunities of the 
     Owyhee Reservoir, including improved signage and surfacing.
       (II) Deadline for upgrades.--Any upgrades carried out with 
     funds provided under subclause (I) shall be completed not 
     later than 1 year after the date of enactment of this Act, 
     weather permitting.
       (III) Compliance with standards.--If the County receives 
     any funds under this clause, the County shall ensure that, 
     not later than 1 year after the date of enactment of this 
     Act, weather permitting, the Owyhee Dam Road is in compliance 
     with the applicable standards of--

       (aa) the State;
       (bb) the County; and
       (cc) each affected County road district.
       (ii) Authorization of appropriations.--In addition to 
     amounts made available under paragraph (6)(A), there is 
     authorized to be appropriated to the Secretary to carry out 
     clause (i) $6,000,000.
       (C) Succor creek scenic loop.--The Secretary shall work 
     with the County on a plan to improve the Succor Creek Scenic 
     Loop, as generally depicted on the Map, to accommodate 
     visitors and residents.
       (D) Birch creek scenic loop.--The Secretary shall work with 
     the County on a plan to improve the Birch Creek Scenic Loop, 
     as generally depicted on the Map, to accommodate visitors and 
     residents.
       (E) Three forks scenic loop.--The Secretary shall work with 
     the County on a plan to improve the Three Forks Scenic Loop, 
     as generally depicted on the Map--
       (i) to accommodate visitors and residents; and
       (ii) to provide a connection to the Idaho Scenic Byway.
       (3) Improvements to state parks and other amenities.--Not 
     later than 180 days after the date of enactment of this Act--
       (A) the Commissioner, in coordination with the Owyhee 
     Irrigation District, shall work with Travel Oregon or the 
     Oregon Parks and Recreation Department, as appropriate, to 
     carry out a feasibility study regarding each of--
       (i) the establishment of not more than 2 marinas on the 
     Owyhee Reservoir;
       (ii) improvements to existing Oregon State Parks bordering 
     the Owyhee Reservoir;
       (iii) the establishment of a network of hostelries in the 
     County using former hotels and bunkhouses that are not 
     currently in use;
       (iv) improvements to private camps on the shore of the 
     Owyhee Reservoir;
       (v) the establishment of a dude ranch at Birch Creek; and
       (vi) any other economic development proposals for the 
     Owyhee Reservoir or the County; and

[[Page S5798]]

       (B) the Secretary shall work with the County to carry out a 
     feasibility study regarding the rails-to-trails project known 
     as ``Rails to Trails: The Oregon Eastern Branch/The Oregon 
     and Northwestern Railroad''.
       (4) Gateway to the oregon owyhee.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary, in 
     coordination with Travel Oregon, shall complete a feasibility 
     study on how best to market communities or sections of the 
     County as the ``Gateway to the Oregon Owyhee''.
       (5) Jordan valley airstrip improvements to support 
     firefighting efforts.--
       (A) In general.--The Secretary shall work with firefighting 
     entities in the County to determine--
       (i) the need for the use of the Jordan Valley Airstrip to 
     support firefighting efforts; and
       (ii) the conditions under which the Jordan Valley Airstrip 
     may be used to support firefighting efforts.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Malheur CEO Group a report describing the need and conditions 
     described in clauses (i) and (ii) of subparagraph (A), 
     including methods by which to meet those conditions.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated for fiscal year 2023--
       (A) to the Secretary--
       (i) to carry out paragraph (2), $2,000,000;
       (ii) to carry out paragraph (3)(B), $2,000,000;
       (iii) to carry out paragraph (4), $500,000; and
       (iv) to carry out paragraph (5), $500,000; and
       (B) to the Commissioner to carry out paragraph (3)(A), 
     $1,000,000.
       (f) Land Conveyance to Burns Paiute Tribe.--
       (1) Conveyance and taking into trust.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall--
       (A) transfer to the Burns Paiute Tribe all right, title, 
     and interest in and to the land in the State described in 
     paragraph (2) for the purpose of protecting and conserving 
     cultural and natural values and to be part of the reservation 
     of the Burns Paiute Tribe; and
       (B) take the land transferred under subparagraph (A) into 
     trust for the benefit of the Burns Paiute Tribe.
       (2) Description of land.--The land referred to in paragraph 
     (1)(A) is the following, as depicted on the map entitled 
     ``Malheur Reservation Paiute Indian Tribe Grant, Malheur, and 
     Harney Counties, Oregon'' and dated March 15, 1958:
       (A) Jonesboro ranch.--The parcel commonly known as 
     ``Jonesboro Ranch'', located approximately 6 miles east of 
     Juntura, Oregon, consisting of 21,548 acres of Federal land, 
     6,686 acres of certain private land associated with the 
     Jonesboro Ranch containing the pastures referred to as 
     ``Saddle Horse'' and ``Trail Horse'', ``Indian Creek'', 
     ``Sperry Creek'', ``Antelope Swales'', ``Horse Camp'', 
     ``Dinner Creek'', ``Upper Hunter Creek'', and ``Tim's Peak'', 
     and more particularly described as follows:
       (i) T. 20 S., R. 38 E., secs. 25 and 36.
       (ii) T. 20 S., R. 39 E., secs. 25-36.
       (iii) T. 20 S., R. 40 E., secs. 30, 31, and 32.
       (iv) T. 21 S., R. 39 E., secs. 1-18, 20-29, and 32-36.
       (v) T. 21 S., R. 40 E., secs. 5-8, 17-19, 30, and 31.
       (vi) T. 22 S., R. 39 E., secs. 1-5, 8, and 9.
       (B) Road gulch; black canyon.--The approximately 4,137 
     acres of State land containing the pastures referred to as 
     ``Road Gulch'' and ``Black Canyon'' and more particularly 
     described as follows:
       (i) T. 20 S., R. 39 E., secs.10, 11, 15, 14, 13, 21-28, and 
     36.
       (ii) T 20 S., R. 40 E., secs. 19, 30, 31, and 32.
       (3) Applicable law.--Land taken into trust under paragraph 
     (1)(B) shall be administered in accordance with the laws 
     (including regulations) generally applicable to property held 
     in trust by the United States for the benefit of an Indian 
     Tribe.
       (4) Map of trust land.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall prepare a 
     map depicting the land taken into trust under paragraph 
     (1)(B).
       (5) Land exchange.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary shall seek to enter 
     into an agreement with the State under which the Secretary 
     would exchange Federal land for the portions of the area 
     described in paragraph (2)(B) that are owned by the State.
       (6) Payment in lieu of taxes program.--Any land taken into 
     trust under paragraph (1)(B) shall be eligible for payments 
     under the payment in lieu of taxes program established under 
     chapter 69 of title 31, United States Code.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this subsection.
       (g) Effect on Tribal Rights and Certain Existing Uses.--
     Nothing in this section, including any designation or 
     nondesignation of land transferred into trust to be held by 
     the United States for the benefit of the Burns Paiute Tribe 
     under subsection (f)--
       (1) alters, modifies, enlarges, diminishes, or abrogates 
     rights secured by a treaty, statute, Executive order, or 
     other Federal law of any Indian Tribe, including off-
     reservation reserved rights; or
       (2) affects--
       (A) existing rights-of-way; or
       (B) preexisting grazing uses and existing water rights or 
     mining claims, except as specifically negotiated between any 
     applicable Indian Tribe and the Secretary.
                                 ______
                                 
  SA 6265. 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. ELIMINATING AGE REQUIREMENT FOR EXPUNGEMENT OF 
                   CERTAIN CONVICTIONS FOR SIMPLE POSSESSION OF 
                   CONTROLLED SUBSTANCES BY NONVIOLENT OFFENDERS.

       Section 3607(c) of title 18, United States Code, is amended 
     by striking ``and the person was less than twenty-one years 
     old at the time of the offense,''.
                                 ______
                                 
  SA 6266. 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 appropriate place in title II, insert the following:

     SEC. ___. DATA REPOSITORIES TO FACILITATE THE DEVELOPMENT OF 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES FOR THE 
                   DEPARTMENT OF DEFENSE.

       Section 232 of the National Defense Authorization Act for 
     Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note) is 
     amended--
       (1) in the section heading, by striking ``pilot program on 
     data repositories'' and inserting ``data repositories'';
       (2) by amending subsection (a) to read as follows:
       ``(a) Establishment of Data Repositories.--The Secretary of 
     Defense, acting through the official designated under 
     subsection (b) of section 238 of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 10 U.S.C. note prec. 4061) (and such other officials 
     as the Secretary determines appropriate), shall--
       ``(1) establish data repositories containing Department of 
     Defense data sets relevant to the development of artificial 
     intelligence software and technology; and
       ``(2) allow appropriate public and private sector 
     organizations to access such data repositories for the 
     purpose of developing improved artificial intelligence and 
     machine learning software capabilities that may, as 
     determined appropriate by the Secretary, be procured by the 
     Department to satisfy Department requirements and technology 
     development goals.'';
       (3) in subsection (b), by striking ``If the Secretary of 
     Defense carries out the pilot program under subsection (a), 
     the data repositories established under the program'' and 
     inserting ``The data repositories established under 
     subsection (a)''; and
       (4) by amending subsection (c) to read as follows:
       ``(c) Briefing.--Not later than July 1, 2023, the Secretary 
     of Defense shall provide to the congressional defense 
     committees a briefing on--
       ``(1) the types of information the Secretary determines are 
     feasible and advisable to include in the data repositories 
     established under subsection (a); and
       ``(2) the progress of the Secretary in establishing such 
     data repositories.''.
                                 ______
                                 
  SA 6267. 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. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL 
                   FORCE AND OBSERVERS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Multinational Force and Observers has helped 
     strengthen stability and kept the peace in the Sinai 
     Peninsula; and
       (2) the United States should continue to maintain its 
     strong support for the Multinational Force and Observers.
       (b) Briefing.--Not later than 60 days before the 
     implementation of any plan to move

[[Page S5799]]

     a Multinational Force and Observer site, the Secretary of 
     Defense shall brief the Committee on Armed Services and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on the resulting 
     impact of such plan existing security arrangements between 
     Israel and Egypt.
                                 ______
                                 
  SA 6268. Ms. ROSEN (for herself, Mr. Inhofe, 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 appropriate place, insert the following:

     SEC. __. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH SERVICE 
                   FOR UNDERSERVED POPULATIONS.

       Part B of title VII of the Public Health Service Act (42 
     U.S.C. 293 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 742. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH 
                   SERVICE FOR UNDERSERVED POPULATIONS.

       ``(a) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall establish a grant program to award 
     grants to public institutions of higher education located in 
     a covered State to carry out the activities described in 
     subsection (d) for the purposes of--
       ``(1) expanding and supporting education for medical 
     students who are preparing to become physicians in a covered 
     State; and
       ``(2) preparing and encouraging each such student training 
     in a covered State to serve Tribal, rural, or medically 
     underserved communities as a primary care physician after 
     completing such training.
       ``(b) Eligibility.--In order to be eligible to receive a 
     grant under this section, a public institution of higher 
     education shall submit an application to the Secretary that 
     includes--
       ``(1) a certification that such institution will use 
     amounts provided to the institution to carry out the 
     activities described in subsection (d); and
       ``(2) a description of how such institution will carry out 
     such activities.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to public institutions of 
     higher education that--
       ``(1) are located in a State with not fewer than 2 
     federally recognized Tribes; and
       ``(2) demonstrate a public-private partnership.
       ``(d) Authorized Activities.--An eligible entity that 
     receives a grant under this section shall use the funds made 
     available under such grant to carry out the following 
     activities:
       ``(1) Support or expand community-based experiential 
     training for medical students who will practice in or serve 
     Tribal, rural, and medically underserved communities.
       ``(2) Develop and operate programs to train medical 
     students in primary care services.
       ``(3) Develop and implement curricula that--
       ``(A) includes a defined set of clinical and community-
     based training activities that emphasize care for Tribal, 
     rural, or medically underserved communities;
       ``(B) is applicable to primary care practice with respect 
     to individuals from Tribal, rural, or medically underserved 
     communities;
       ``(C) identifies and addresses challenges to health equity, 
     including the needs of Tribal, rural, and medically 
     underserved communities;
       ``(D) supports the use of telehealth technologies and 
     practices;
       ``(E) considers social determinants of health in care plan 
     development;
       ``(F) integrates behavioral health care into primary care 
     practice, including prevention and treatment of opioid 
     disorders and other substance use disorders;
       ``(G) promotes interprofessional training that supports a 
     patient-centered model of care; and
       ``(H) builds cultural and linguistic competency.
       ``(4) Increase the capacity of faculty to implement the 
     curricula described in paragraph (3).
       ``(5) Develop or expand strategic partnerships to improve 
     health outcomes for individuals from Tribal, rural, and 
     medically underserved communities, including with--
       ``(A) federally recognized Tribes, Tribal colleges, and 
     Tribal organizations;
       ``(B) Federally-qualified health centers;
       ``(C) rural health clinics;
       ``(D) Indian health programs;
       ``(E) primary care delivery sites and systems; and
       ``(F) other community-based organizations.
       ``(6) Develop a plan to track graduates' chosen specialties 
     for residency and the States in which such residency programs 
     are located.
       ``(7) Develop, implement, and evaluate methods to improve 
     recruitment and retention of medical students from Tribal, 
     rural, and medically underserved communities.
       ``(8) Train and support instructors to serve Tribal, rural, 
     and medically underserved communities.
       ``(9) Prepare medical students for transition into primary 
     care residency training and future practice.
       ``(10) Provide scholarships to medical students.
       ``(e) Grant Period.--A grant under this section shall be 
     awarded for a period of not more than 5 years.
       ``(f) Grant Amount.--Each fiscal year, the amount of a 
     grant made to a public institution of higher education under 
     this section shall be in amount that is not less than 
     $1,000,000.
       ``(g) Matching Requirement.--Each public institution of 
     higher education that receives a grant under this section 
     shall provide, from non-Federal sources, an amount equal to 
     or greater than 10 percent of the total amount of Federal 
     funds provided to the institution each fiscal year during the 
     period of the grant (which may be provided in cash or in 
     kind).
       ``(h) Definitions.--In this section:
       ``(1) Covered state.--The term `covered State' means a 
     State that is in the top quartile of States by projected 
     unmet demand for primary care providers, as determined by the 
     Secretary
       ``(2) Federally-qualified health center.--The term 
     `Federally-qualified health center' has the meaning given 
     such term in section 1905(l)(2)(B) of the Social Security 
     Act.
       ``(3) Indian health program.--The term `Indian health 
     program' has the meaning given such term in section 4 of the 
     Indian Health Care Improvement Act.
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965, 
     provided that such institution is public in nature.
       ``(5) Medically underserved community.--The term `medically 
     underserved community' has the meaning given such term in 
     section 799B.
       ``(6) Rural health clinic.--The term `rural health clinic' 
     has the meaning given such term in section 1861(aa) of the 
     Social Security Act.
       ``(7) Rural population.--The term `rural population' means 
     the population of a geographical area located--
       ``(A) in a non-metropolitan county; or
       ``(B) in a metropolitan county designated as rural by the 
     Administrator of the Health Resources and Services 
     Administration.
       ``(8) Tribal population.--The term `Tribal population' 
     means the population of any Indian Tribe recognized by the 
     Secretary of the Interior pursuant to section 104 of the 
     Federally Recognized Indian Tribe List Act of 1994.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $150,000,000 for 
     each of fiscal years 2023 through 2025.''.
                                 ______
                                 
  SA 6269. Ms. ROSEN (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 in title X, insert the following:

     SEC. __. SENSE OF CONGRESS THAT THE DEPARTMENT OF VETERANS 
                   AFFAIRS SHOULD BE PROHIBITED FROM DENYING HOME 
                   LOANS FOR VETERANS WHO LEGALLY WORK IN THE 
                   MARIJUANA INDUSTRY.

       It is the sense of Congress that--
       (1) veterans who have served our country honorably should 
     not be denied access to Department of Veterans Affairs home 
     loans on the basis of income derived from State-legalized 
     cannabis activities;
       (2) while the Department of Veterans Affairs has clarified 
     that no statute or regulation specifically prohibits a 
     veteran whose income is derived from State-legalized cannabis 
     activities from obtaining a certificate of eligibility for 
     Department of Veterans Affairs home loan benefits, many 
     veterans continue to be denied access to home loans on the 
     basis of income derived from State-legalized cannabis 
     activities; and
       (3) the Department of Veterans Affairs should improve 
     communication with eligible lending institutions to reduce 
     confusion among lenders and borrowers on this matter.
                                 ______
                                 
  SA 6270. Ms. ROSEN (for herself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 S5800]]

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

        After section 1112, insert the following:

     SEC. 1112A. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT AT 
                   THE CYBERSECURITY AND INFRASTRUCTURE SECURITY 
                   AGENCY.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Cybersecurity 
     and Infrastructure Security Agency.
       (2) 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 Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (D) the Committee on Oversight and Reform of the House of 
     Representatives; and
       (E) the Committee on Appropriations of the House of 
     Representatives.
       (3) Civilian cybersecurity reserve.--The term ``Civilian 
     Cybersecurity Reserve'' means the Civilian Cybersecurity 
     Reserve at the Agency established under subsection (b).
       (4) Competitive service.--The term ``competitive service'' 
     has the meaning given the term in section 2102 of title 5, 
     United States Code.
       (5) Director.--The term ``Director'' means the Director of 
     the Agency.
       (6) Excepted service.--The term ``excepted service'' has 
     the meaning given the term in section 2103 of title 5, United 
     States Code.
       (7) Pilot project.--The term ``pilot project'' means the 
     pilot project established by subsection (b).
       (8) Significant incident.--The term ``significant 
     incident''--
       (A) means an incident or a group of related incidents that 
     results, or is likely to result, in demonstrable harm to--
       (i) the national security interests, foreign relations, or 
     economy of the United States; or
       (ii) the public confidence, civil liberties, or public 
     health and safety of the people of the United States; and
       (B) does not include an incident or a portion of a group of 
     related incidents that occurs on--
       (i) a national security system, as defined in section 3552 
     of title 44, United States Code; or
       (ii) an information system described in paragraph (2) or 
     (3) of section 3553(e) of title 44, United States Code.
       (9) Temporary position.--The term ``temporary position'' 
     means a position in the competitive or excepted service for a 
     period of 180 days or less.
       (10) Uniformed services.--The term ``uniformed services'' 
     has the meaning given the term in section 2101 of title 5, 
     United States Code.
       (b) Pilot Project.--There is established a pilot project 
     under which the Director may establish a Civilian 
     Cybersecurity Reserve at the Agency in accordance with 
     subsection (c).
       (c) Civilian Cybersecurity Reserve at the Cybersecurity and 
     Infrastructure Security Agency.--
       (1) Purpose.--The purpose of a Civilian Cybersecurity 
     Reserve is to enable the Agency to effectively respond to 
     significant incidents.
       (2) Alternative methods.--Consistent with section 4703 of 
     title 5, United States Code, in carrying out the pilot 
     project, the Director may, without further authorization from 
     the Office of Personnel Management, provide for alternative 
     methods of--
       (A) establishing qualifications requirements for, 
     recruitment of, and appointment to positions; and
       (B) classifying positions.
       (3) Appointments.--Under the pilot project, upon occurrence 
     of a significant incident, the Director--
       (A) may activate members of the Civilian Cybersecurity 
     Reserve by--
       (i) noncompetitively appointing members of the Civilian 
     Cybersecurity Reserve to temporary positions in the 
     competitive service; or
       (ii) appointing members of the Civilian Cybersecurity 
     Reserve to temporary positions in the excepted service;
       (B) shall notify Congress whenever a member is activated 
     under subparagraph (A); and
       (C) may appoint not more than 30 members to the Civilian 
     Cybersecurity Reserve under subparagraph (A) at any time.
       (4) Status as employees.--An individual appointed under 
     paragraph (3) shall be considered a Federal civil service 
     employee under section 2105 of title 5, United States Code.
       (5) Additional employees.--Individuals appointed under 
     paragraph (3) shall be in addition to any employees of the 
     Agency who provide cybersecurity services.
       (6) Employment protections.--The Secretary of Labor shall 
     prescribe such regulations as necessary to ensure the 
     reemployment, continuation of benefits, and non-
     discrimination in reemployment of individuals appointed under 
     paragraph (3), provided that such regulations shall include, 
     at a minimum, those rights and obligations set forth under 
     chapter 43 of title 38, United States Code.
       (7) Status in reserve.--During the period beginning on the 
     date on which an individual is recruited by the Agency to 
     serve in the Civilian Cybersecurity Reserve and ending on the 
     date on which the individual is appointed under paragraph 
     (3), and during any period in between any such appointments, 
     the individual shall not be considered a Federal employee.
       (8) Eligibility; application and selection.--
       (A) In general.--Under the pilot project, the Director 
     shall establish criteria for--
       (i) individuals to be eligible for the Civilian 
     Cybersecurity Reserve; and
       (ii) the application and selection processes for the 
     Civilian Cybersecurity Reserve.
       (B) Requirements for individuals.--The criteria established 
     under subparagraph (A)(i) with respect to an individual shall 
     include--
       (i) previous employment--

       (I) by the executive branch;
       (II) within the uniformed services;
       (III) as a Federal contractor within the executive branch; 
     or
       (IV) by a State, local, Tribal, or territorial government;

       (ii) if the individual has previously served as a member of 
     the Civilian Cybersecurity Reserve, that the previous 
     appointment ended not less than 60 days before the individual 
     may be appointed for a subsequent temporary position in the 
     Civilian Cybersecurity Reserve; and
       (iii) cybersecurity expertise.
       (C) Prescreening.--The Director shall--
       (i) conduct a prescreening of each individual prior to 
     appointment under paragraph (3) for any topic or product that 
     would create a conflict of interest; and
       (ii) require each individual appointed under paragraph (3) 
     to notify the Director if a potential conflict of interest 
     arises during the appointment.
       (D) Agreement required.--An individual may become a member 
     of the Civilian Cybersecurity Reserve only if the individual 
     enters into an agreement with the Director to become such a 
     member, which shall set forth the rights and obligations of 
     the individual and the Agency.
       (E) Exception for continuing military service 
     commitments.--A member of the Selected Reserve under section 
     10143 of title 10, United States Code, may not be a member of 
     the Civilian Cybersecurity Reserve.
       (F) Priority.--In appointing individuals to the Civilian 
     Cybersecurity Reserve, the Agency shall prioritize the 
     appointment of individuals described in subclause (I) or (II) 
     of subparagraph (B)(i) before considering individuals 
     described in subclause (III) or (IV) of subparagraph (B)(i).
       (G) Prohibition.--Any individual who is an employee of the 
     executive branch may not be recruited or appointed to serve 
     in the Civilian Cybersecurity Reserve.
       (9) Security clearances.--
       (A) In general.--The Director shall ensure that all members 
     of the Civilian Cybersecurity Reserve undergo the appropriate 
     personnel vetting and adjudication commensurate with the 
     duties of the position, including a determination of 
     eligibility for access to classified information where a 
     security clearance is necessary, according to applicable 
     policy and authorities.
       (B) Cost of sponsoring clearances.--If a member of the 
     Civilian Cybersecurity Reserve requires a security clearance 
     in order to carry out the duties of the member, the Agency 
     shall be responsible for the cost of sponsoring the security 
     clearance of the member.
       (10) Study and implementation plan.--
       (A) Study.--Not later than 60 days after the date of the 
     enactment of this Act, the Director shall begin a study on 
     the design and implementation of the pilot project, 
     including--
       (i) compensation and benefits for members of the Civilian 
     Cybersecurity Reserve;
       (ii) activities that members may undertake as part of their 
     duties;
       (iii) methods for identifying and recruiting members, 
     including alternatives to traditional qualifications 
     requirements;
       (iv) methods for preventing conflicts of interest or other 
     ethical concerns as a result of participation in the pilot 
     project and details of mitigation efforts to address any 
     conflict of interest concerns;
       (v) resources, including additional funding, needed to 
     carry out the pilot project;
       (vi) possible penalties for individuals who do not respond 
     to activation when called, in accordance with the rights and 
     procedures set forth under title 5, Code of Federal 
     Regulations; and
       (vii) processes and requirements for training and 
     onboarding members.
       (B) Implementation plan.--Not later than one year after 
     beginning the study required under subparagraph (A), the 
     Director shall--
       (i) submit to the appropriate congressional committees an 
     implementation plan for the pilot project; and
       (ii) provide to the appropriate congressional committees a 
     briefing on the implementation plan.
       (C) Prohibition.--The Director may not take any action to 
     begin implementation of the pilot project until the Director 
     fulfills the requirements under subparagraph (B).
       (11) Project guidance.--If the Director establishes the 
     Civilian Cybersecurity Reserve, not later than two years 
     after the date of the enactment of this Act, the Director 
     shall, in consultation with the Office of Personnel 
     Management and the Office of Government Ethics, issue 
     guidance establishing and implementing the pilot project.
       (12) Briefings and report.--
       (A) Briefings.--Not later than one year after the date on 
     which the Director issues

[[Page S5801]]

     guidance establishing and implementing the pilot project 
     under paragraph (11), and every year thereafter until the 
     date on which the pilot project terminates under subsection 
     (d), the Director shall provide to the appropriate 
     congressional committees a briefing on activities carried out 
     under the pilot project, including--
       (i) participation in the Civilian Cybersecurity Reserve, 
     including the number of participants, the diversity of 
     participants, and any barriers to recruitment or retention of 
     members;
       (ii) an evaluation of the ethical requirements of the pilot 
     project;
       (iii) whether the Civilian Cybersecurity Reserve has been 
     effective in providing additional capacity to the Agency 
     during significant incidents; and
       (iv) an evaluation of the eligibility requirements for the 
     pilot project.
       (B) Report.--Not earlier than 180 days and not later than 
     90 days before the date on which the pilot project terminates 
     under subsection (d), the Director shall submit to the 
     appropriate congressional committees a report and provide a 
     briefing on recommendations relating to the pilot project, 
     including recommendations for--
       (i) whether the pilot project should be modified, extended 
     in duration, or established as a permanent program, and if 
     so, an appropriate scope for the program;
       (ii) how to attract participants, ensure a diversity of 
     participants, and address any barriers to recruitment or 
     retention of members of the Civilian Cybersecurity Reserve;
       (iii) the ethical requirements of the pilot project and the 
     effectiveness of mitigation efforts to address any conflict 
     of interest concerns; and
       (iv) an evaluation of the eligibility requirements for the 
     pilot project.
       (13) Evaluation.--Not later than three years after the 
     Civilian Cybersecurity Reserve is established under 
     subsection (b), the Comptroller General of the United States 
     shall--
       (A) conduct a study evaluating the pilot project; and
       (B) submit to Congress--
       (i) a report on the results of the study; and
       (ii) a recommendation with respect to whether the pilot 
     project should be modified, extended in duration, or 
     established as a permanent program.
       (d) Sunset.--The pilot project required under subsection 
     (b) shall terminate on the date that is four years after the 
     date on which the pilot project is established.
       (e) No Additional Funds.--
       (1) In general.--No additional funds are authorized to be 
     appropriated for the purpose of carrying out this section.
       (2) Existing authorized amounts.--Funds to carry out this 
     section may, as provided in advance in appropriations Acts, 
     only come from amounts authorized to be appropriated to the 
     Agency.
                                 ______
                                 
  SA 6271. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. GLOBAL ELECTORAL EXCHANGE PROGRAM.

       (a) Short Title.--This section may be cited as the ``Global 
     Electoral Exchange Act''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) recent elections globally have illustrated the urgent 
     need for the promotion and exchange of international best 
     election practices, particularly in the areas of 
     cybersecurity, results transmission, transparency of 
     electoral data, election dispute resolution, and the 
     elimination of discriminatory registration practices and 
     other electoral irregularities;
       (2) the advancement of democracy worldwide promotes United 
     States interests, as stable democracies provide new market 
     opportunities, improve global health outcomes, and promote 
     economic freedom and regional security;
       (3) credible elections are the cornerstone of a healthy 
     democracy and enable all persons to exercise their basic 
     human right to have a say in how they are governed;
       (4) inclusive elections strengthen the credibility and 
     stability of democracies more broadly;
       (5) at the heart of a strong election cycle is the 
     professionalism of the election management body and an 
     empowered civil society;
       (6) the development of local expertise via peer-to-peer 
     learning and exchanges promotes the independence of such 
     bodies from internal and external influence; and
       (7) supporting the efforts of peoples in democratizing 
     societies to build more representative governments in their 
     respective countries is in the national interest of the 
     United States.
       (c) Establishment.--The Secretary of State, working through 
     the Coordinator of the Global Engagement Center, is 
     authorized to establish, within the Global Engagement Center, 
     the Global Electoral Exchange Program (referred to in this 
     section as the ``Program'') to promote the utilization of 
     sound election administration practices around the world.
       (d) Purpose.--The purpose of the Program shall include the 
     promotion and exchange of international best election 
     practices, including in the areas of--
       (1) cybersecurity;
       (2) the protection of election systems against influence 
     campaigns;
       (3) results transmission;
       (4) transparency of electoral data;
       (5) election dispute resolution;
       (6) the elimination of discriminatory registration 
     practices and electoral irregularities;
       (7) inclusive and equitable promotion of candidate 
     participation;
       (8) equitable access to polling places, voter education 
     information, and voting mechanisms (including by persons with 
     disabilities); and
       (9) other sound election administration practices.
       (e) Exchange of Electoral Authorities.--
       (1) In general.--The Secretary of State, in consultation, 
     as appropriate, with the Administrator of the United States 
     Agency for International Development, may award grants to any 
     United States-based organization that--
       (A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;
       (B) has experience in, and a primary focus on, foreign 
     comparative election systems or subject matter expertise in 
     the administration or integrity of such systems; and
       (C) submits an application in such form, and satisfying 
     such requirements, as the Secretary may require.
       (2) Types of grants.--An organization described in 
     paragraph (1) may receive a grant under this subsection to 
     design and implement programs that--
       (A) bring to the United States election administrators and 
     officials, including government officials, poll workers, 
     civil society representatives, members of the judiciary, and 
     others who participate in the organization and administration 
     of public elections in a foreign country that faces 
     challenges to its electoral process to study election 
     procedures in the United States for educational purposes; or
       (B) take election administrators and officials of the 
     United States or of another country, including government 
     officials, poll workers, civil society representatives, 
     members of the judiciary, and others who participate in the 
     organization and administration of public elections to 
     another country to study and discuss election procedures in 
     such country for educational purposes.
       (3) Limits on activities.--Activities administered under 
     the Program may not--
       (A) include observation of an election for the purposes of 
     assessing the validity or legitimacy of that election;
       (B) facilitate any advocacy for a certain electoral result 
     by a grantee when participating in the Program; or
       (C) be carried out without proper consultation with State 
     and local authorities in the United States that administer 
     elections.
       (4) Sense of congress.--It is the sense of Congress that 
     the Secretary of State should establish and maintain a 
     network of Global Electoral Exchange Program alumni, to 
     promote communication and further exchange of information 
     regarding sound election administration practices among 
     current and former Program participants.
       (5) Limitation.--A recipient of a grant under the Program 
     may only use such grant for the purpose for which such grant 
     was awarded, unless otherwise authorized by the Secretary of 
     State.
       (6) Nonduplicative.--Grants made under this subsection may 
     not be duplicative of any other grants made under any other 
     provision of law for similar or related purposes.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2023 through 2027 to carry out this section.
       (g) Congressional Oversight.--Not later than 1 year after 
     the date of the enactment of this Act and annually thereafter 
     for the following 2 years, the Secretary of State shall 
     provide a briefing to the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives regarding the status of any activities 
     carried out under this section during the preceding year, 
     including--
       (1) a summary of all exchanges conducted under the Program, 
     including information regarding grantees, participants, and 
     the locations where program activities were held;
       (2) a description of the criteria used to select grantees 
     under the Program; and
       (3) recommendations for the improvement of the Program in 
     furtherance of the purpose specified in subsection (d).
                                 ______
                                 
  SA 6272. Ms. KLOBUCHAR (for herself and 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,

[[Page S5802]]

to 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 RESERVE ADJUSTMENT.

       Section 20(a)(3) of Senate Resolution 70 (117th Congress), 
     agreed to February 24, 2021, is amended by striking ``7 
     percent'' and inserting ``11 percent''.
                                 ______
                                 
  SA 6273. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. ____. TWO-WAY MILITARY BALLOT BARCODE TRACKING.

       (a) In General.--The Presidential Designee under section 
     101(a) of the Uniformed and Overseas Citizens Absentee Voting 
     Act shall conduct a pilot program to provide full ballot 
     tracking of overseas military absentee ballots through the 
     mail stream for elections for Federal office occurring during 
     calendar year 2024.
       (b) Pilot Program Requirements.--The pilot program 
     described under subsection (a) shall--
       (1) be similar to the 2016 Military Ballot Tracking Pilot 
     Program conducted by the Federal Voting Assistance Program of 
     the Department of Defense;
       (2) evaluate commercially available barcodes and envelopes;
       (3) prioritize ballots cast in political subdivisions in 
     which the State or local election official responsible for 
     the receipt of voted absentee ballots in the election carries 
     out procedures to track and confirm the receipt of such 
     ballots and makes information on the receipt of such ballots 
     available to the individual who cast the ballot;
       (4) evaluate alternatives to ballots being mailed through 
     countries that may not conduct scanning;
       (5) be available to not less than 50,000 ballots of members 
     of the Armed Forces; and
       (6) include special, primary, and run off elections.
       (c) Authorization of Funds.--There are authorized to be 
     appropriated to the Federal Voting Assistance Program of the 
     Department of Defense (or a successor program) such sums as 
     are necessary for the purpose of carrying out the program 
     described in subsection (a).
                                 ______
                                 
  SA 6274. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 589. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR 
                   MEMBERS OF THE ARMED FORCES OVERSEAS.

       (a) Study Required.--The Director of the Federal Voting 
     Assistance Program of the Department of Defense shall conduct 
     a study on means of improving access to voting for members of 
     the Armed Forces overseas.
       (b) Report.--Not later than September 30, 2024, the 
     Director shall submit to Congress a report on the results of 
     the study conducted under subsection (a). The report shall 
     include the following:
       (1) The results of a survey, undertaken for purposes of the 
     study, of Voting Assistance Officers and members of the Armed 
     Forces overseas on means of improving access to voting for 
     such members, including through the establishment of unit-
     level assistance mechanisms or permanent voting assistance 
     offices.
       (2) An estimate of the costs and requirements in connection 
     with an expansion of the number of Voting Assistance Officers 
     in order to fully meet the needs of members of the Armed 
     Forces overseas for access to voting.
       (3) A description and assessment of various actions to be 
     undertaken under the Federal Voting Assistance Program in 
     order to increase the capabilities of the Voting Assistance 
     Officer program.
                                 ______
                                 
  SA 6275. Ms. KLOBUCHAR (for herself and 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 subtitle G of title X, insert 
     the following:

     SEC. 10__. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.

       (a) Definitions.--In this section:
       (1) Applicable sergeant at arms.--The term ``applicable 
     Sergeant at Arms'' means--
       (A) with respect to a Member of the Senate, the Sergeant at 
     Arms and Doorkeeper of the Senate; and
       (B) with respect to a Member of, or Delegate or Resident 
     Commissioner to, the House of Representatives, the Sergeant 
     at Arms of the House of Representatives.
       (2) At-risk individual.--The term ``at-risk individual'' 
     means--
       (A) a Member of Congress;
       (B) any individual who is the spouse, parent, sibling, or 
     child of an individual described in subparagraph (A);
       (C) any individual to whom an individual described in 
     subparagraph (A) stands in loco parentis; or
       (D) any other individual living in the household of an 
     individual described in subparagraph (A).
       (3) Covered information.--The term ``covered 
     information''--
       (A) means--
       (i) a home address, including a 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 identifier of a 
     vehicle owned, leased, or regularly used by an at-risk 
     individual;
       (vii) the identification of a child, who is under 18 years 
     of age, of an at-risk individual;
       (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 employment location by an at-risk individual; and
       (B) does not include information regarding employment with 
     a Government agency.
       (4) 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 subject to the Gramm-Leach-
     Bliley Act (Public Law 106-102) and regulations implementing 
     that Act.
       (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).
       (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) Member of congress.--The term ``Member of Congress'' 
     means--
       (A) a Member of the Senate; or

[[Page S5803]]

       (B) a Member of, or Delegate or Resident Commissioner to, 
     the House of Representatives.
       (8) Transfer.--The term ``transfer'' means to sell, 
     license, trade, or exchange for consideration the covered 
     information of an at-risk individual or an immediate family 
     member.
       (b) 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 applicable Sergeant at Arms; 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 an 
     immediate family member. Government agencies, upon receipt of 
     a request under paragraph (1)(B), shall remove the covered 
     information of the at-risk individual or any 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 an at-risk individual or an 
     immediate family member to a third party if the third party--
       (A) possesses a signed release from the at-risk individual 
     or the immediate family member, respectively, 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.
       (c) 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 sergeants at arms to make requests.--
       (A) Sergeants at arms.--Upon written request of a Member of 
     Congress, the applicable Sergeant at Arms is authorized to 
     make any notice or request required or authorized by this 
     section on behalf of the Member of Congress. The notice or 
     request shall include information necessary to ensure 
     compliance with this section, as determined by the applicable 
     Sergeant at Arms. Any notice or request made under this 
     paragraph shall be deemed to have been made by the Member of 
     Congress and comply with the notice and request requirements 
     of this section.
       (B) List.--In lieu of individual notices or requests, an 
     applicable Sergeant at Arms may provide Government agencies, 
     data brokers, persons, businesses, or associations with a 
     list of Members of Congress and their immediate family 
     members that includes information necessary to ensure 
     compliance with this section, as determined by the applicable 
     Sergeant at Arms for the purpose of maintaining compliance 
     with this section. Such list shall be deemed to comply with 
     individual notice and request requirements of this section.
       (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 an 
     immediate family member.
       (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 an immediate family member if the at-
     risk individual has made a written request to that person, 
     business, or association to not 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 an 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) 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)(i), the person, business, or association 
     shall--
       (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)(i), 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) Redress.--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.
       (f) Rules of Construction.--
       (1) In general.--Nothing in this section shall be 
     construed--
       (A) to prohibit, restrain, or limit--
       (i) the lawful investigation or reporting by the press of 
     any unlawful activity or misconduct alleged to have been 
     committed by an at-risk individual or their immediate family 
     member; or
       (ii) the reporting on an at-risk individual or their 
     immediate family member regarding matters of public concern;
       (B) to impair access to the actions or statements of a 
     Member of Congress in the course of carrying out the public 
     functions of the Member of Congress;
       (C) to limit the publication or transfer of covered 
     information with the written consent of the at-risk 
     individual or their immediate family member; or
       (D) to prohibit information sharing by a data broker to a 
     Federal, State, Tribal, or local government, or any unit 
     thereof.
       (2) Protection of covered information.--This section shall 
     be broadly construed to favor the protection of the covered 
     information of at-risk individuals and their immediate family 
     members.
                                 ______
                                 
  SA 6276. 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. IMPROVEMENT OF TRANSITIONAL MENTAL HEALTH 
                   SCREENINGS AND CARE FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) Screenings.--
       (1) In general.--The Secretary of Defense shall ensure 
     that, for each member of the Armed Forces, including a member 
     of a reserve component thereof, not later than 180 days 
     before separation of such member from active duty, a mental 
     health screening is provided to such member as part of a 
     whole health screening.
       (2) Conduct of screening.--The screening required under 
     paragraph (1) shall be conducted by a primary care physician.
       (3) Elements of screening.--The screening required under 
     paragraph (1) shall include screening for, at a minimum, the 
     following:
       (A) Depression.
       (B) Anxiety.
       (C) Traumatic brain injury.
       (D) Post-traumatic stress disorder.
       (E) Substance abuse.
       (4) Treatment of annual assessment.--The provision of an 
     annual mental health assessment under section 1074n of title 
     10, United States Code, is not sufficient to fulfill the 
     requirement for a mental health screening under paragraph 
     (1).
       (b) Transition of Care.--The Secretary shall implement the 
     requirements of Department of Defense Instruction 6490.10, 
     entitled ``Continuity of Behavioral Health Care for 
     Transferring and Transitioning Service Members'' and issued 
     on March 26, 2012, to ensure the receipt of uninterrupted 
     mental health care for members of the Armed Forces, including 
     members of the reserve components thereof, separating from 
     active duty.
                                 ______
                                 
  SA 6277. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for

[[Page S5804]]

other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 31__. EXPORTATION OR IMPORTATION OF NATURAL GAS.

       (a) Findings.--Congress finds that--
       (1) the exportation of natural gas produced in the United 
     States is in the interest of the United States; and
       (2) because natural gas produced in the United States has a 
     lower greenhouse gas emissions profile than other energy 
     sources used in high volumes in other countries, the 
     exportation of natural gas from the United States may help 
     lower global emissions of carbon dioxide.
       (b) Regulatory Authority Clarification.--Section 2(9) of 
     the Natural Gas Act (15 U.S.C. 717a(9)) is amended by 
     striking ``Power'' and inserting ``Energy Regulatory''.
       (c) Exportation or Importation of Natural Gas.--
       (1) In general.--Section 3 of the Natural Gas Act (15 
     U.S.C. 717b) is amended--
       (A) by striking the section heading and all that follows 
     through ``(a) After'' and inserting the following:

     ``SEC. 3. EXPORTATION OR IMPORTATION OF NATURAL GAS; LNG 
                   TERMINALS.

       ``(a) Authorization to Export or Import Natural Gas.--
       ``(1) In general.--After'';
       (B) in subsection (a)--
       (i) in paragraph (1) (as so designated)--

       (I) by striking the second sentence and inserting the 
     following: ``The proposed exportation or importation shall be 
     deemed to be consistent with the public interest, and the 
     Commission shall issue such order upon application without 
     modification or delay.''; and
       (II) in the third sentence, by striking ``by its order'' 
     and all that follows through the period at the end of the 
     sentence and inserting ``condition the order on a requirement 
     that the applicant, on request, provide relevant data to the 
     Commission to facilitate the information collection and 
     statistical activities of the Commission.''; and

       (ii) by adding at the end the following:
       ``(2) Prohibitions.--
       ``(A) Prohibition on restricting natural gas importation or 
     exportation.--Except as provided in paragraph (1) and 
     subparagraph (C) or in any Federal authorization to export 
     natural gas from the United States to a foreign country or to 
     import natural gas into the United States from a foreign 
     country in effect on the date of enactment of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023, to promote the efficient exploration, production, 
     storage, supply, marketing, pricing, and regulation of energy 
     resources, including fossil fuels, no employee of the Federal 
     Government shall impose or enforce any restriction or 
     condition on--
       ``(i) the exportation of natural gas from the United States 
     to a foreign country; or
       ``(ii) the importation of natural gas into the United 
     States from a foreign country.
       ``(B) Treatment of imported natural gas.--The Commission 
     shall not treat, on the basis of national origin, any 
     imported natural gas on an unjust, unreasonable, unduly 
     discriminatory, or preferential basis.
       ``(C) Prohibition on import from or export to certain 
     nations.--The export of natural gas to, or the import of 
     natural gas from, a nation subject to sanctions imposed by 
     the United States is prohibited.
       ``(3) Consideration of exported natural gas as a first 
     sale.--The exportation of natural gas to a foreign country 
     from the United States shall be considered to be a first sale 
     (as defined in section 2 of the Natural Gas Policy Act of 
     1978 (15 U.S.C. 3301)).'';
       (C) in subsection (e)--
       (i) by striking ``(e)(1) The Commission'' and inserting the 
     following:
       ``(e) LNG Terminals.--
       ``(1) Authority.--
       ``(A) In general.--Except for those matters deemed to be 
     consistent with the public interest pursuant to subsection 
     (a), the Commission'';
       (ii) in paragraph (1)--

       (I) in subparagraph (A) (as so designated), in the second 
     sentence, by striking ``Except as'' and inserting the 
     following:

       ``(C) Effect.--Except as''; and

       (II) by inserting after subparagraph (A) (as so designated) 
     the following:

       ``(B) Approval.--
       ``(i) In general.--The Commission shall issue an order 
     approving an application for the siting, construction, 
     expansion, or operation of an LNG terminal unless, after 
     opportunity for hearing in accordance with paragraph (2), the 
     Commission finds that the proposed siting, construction, 
     expansion, or operation of the LNG terminal will not be 
     consistent with the public interest.
       ``(ii) Supplemental order.--The Commission may from time to 
     time, after opportunity for hearing, and for good cause 
     shown, make such supplemental order in the premises as the 
     Commission may find necessary or appropriate.'';
       (D) by striking subsections (b) and (c); and
       (E) by redesignating subsections (d) through (f) as 
     subsections (b) through (d), respectively.
       (2) Effect.--The amendments made by paragraph (1) shall not 
     affect any Federal authorization to export natural gas from 
     the United States to a foreign country or to import natural 
     gas into the United States from a foreign country in effect 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 6278. 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. WATER QUALITY CERTIFICATION.

       Section 401 of the Federal Water Pollution Control Act (33 
     U.S.C. 1341) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by inserting ``by the applicant'' after ``any 
     discharge''; and
       (II) by inserting ``as a result of the federally licensed 
     or permitted activity'' after ``into the navigable waters'';

       (ii) in the second sentence, by striking ``activity'' and 
     inserting ``discharge'';
       (iii) in the third sentence, by striking ``applications'' 
     each place it appears and inserting ``requests'';
       (iv) in the fifth sentence, by striking ``act on'' and 
     inserting ``grant or deny''; and
       (v) by inserting after the fourth sentence the following: 
     ``The certifying State, interstate agency, or Administrator 
     shall publish the requirements for certification that meet 
     the applicable provisions of sections 301, 302, 303, 306, and 
     307. The decision to grant or deny a request shall be based 
     only on the applicable provisions of sections 301, 302, 303, 
     306, and 307 and the grounds for a decision shall be set 
     forth in writing to the applicant.'';
       (B) in paragraph (2)--
       (i) in the second sentence--

       (I) by striking ``such a discharge'' and inserting ``a 
     discharge made into the navigable waters by the applicant as 
     described in paragraph (1)'';
       (II) by inserting ``receipt of the'' before ``notice''; and
       (III) by striking ``of application for such Federal license 
     or permit'' and inserting ``under the preceding sentence'';

       (ii) in the third sentence--

       (I) by striking ``such discharge'' and inserting ``any 
     discharge made into the navigable waters by the applicant as 
     described in paragraph (1)''; and
       (II) by striking ``any water quality requirement'' and 
     inserting ``the applicable provisions of sections 301, 302, 
     303, 306, and 307'';

       (iii) in the fifth sentence, by striking ``insure 
     compliance with applicable water quality requirements.'' and 
     inserting ``ensure any discharge into the navigable waters by 
     the applicant as described in paragraph (1) will comply with 
     the applicable provisions of sections 301, 302, 303, 306, and 
     307.''; and
       (iv) by striking the first sentence and inserting ``Not 
     later than 90 days after receipt of a request for 
     certification, the certifying State, interstate agency, or 
     Administrator shall identify in writing all specific 
     additional materials or information that are necessary to 
     make a final decision on a request for certification. On 
     receipt of a request for certification, the certifying State 
     or interstate agency, as applicable, shall immediately notify 
     the Administrator of the request.'';
       (C) in paragraph (3)--
       (i) in the first sentence, by striking ``there will be 
     compliance'' and inserting ``a discharge made into the 
     navigable waters by the applicant as described in paragraph 
     (1) will comply''; and
       (ii) in the second sentence--

       (I) by striking ``section'' and inserting ``the applicable 
     provisions of sections''; and
       (II) by striking ``or 307 of this Act'' and inserting ``and 
     307'';

       (D) in paragraph (4)--
       (i) in the first sentence, by striking ``applicable 
     effluent limitations'' and all that follows through the 
     period at the end and inserting ``any discharge made by the 
     applicant into the navigable waters as described in paragraph 
     (1) will not violate the applicable provisions of sections 
     301, 302, 303, 306, and 307.'';
       (ii) in the second sentence, by striking ``will violate 
     applicable effluent limitations or other limitations or other 
     water quality requirements such Federal'' and inserting 
     ``will result in a discharge made into the navigable waters 
     by the applicant as described in paragraph (1) that violates 
     the applicable provisions of sections 301, 302, 303, 306, and 
     307, the Federal''; and
       (iii) in the third sentence--

       (I) by striking ``such facility or activity'' and inserting 
     ``a discharge made by the applicant into the navigable waters 
     as described in paragraph (1)''; and
       (II) by striking ``section 301, 302, 303, 306, or 307 of 
     this Act'' and inserting ``sections 301, 302, 303, 306, and 
     307''; and

       (E) in paragraph (5)--
       (i) by striking ``such facility or activity has been 
     operated in'' and inserting ``any discharge made by the 
     applicant into the navigable waters as described in paragraph 
     (1) is in''; and

[[Page S5805]]

       (ii) by striking ``section 301, 302, 303, 306, or 307 of 
     this Act'' and inserting ``sections 301, 302, 303, 306, and 
     307'';
       (2) in subsection (d), by striking ``assure that any 
     applicant for a Federal license or permit will comply with 
     any applicable'' and inserting the following: ``ensure that 
     any discharge made by the applicant into the navigable waters 
     as described in subsection (a)(1) shall comply with the 
     applicable provisions of sections 301, 302, 303, 306, and 
     307. Any limitations or requirements in the preceding 
     sentence shall become a condition on any Federal license or 
     permit subject to the provisions of this section.
       ``(e) Definition of Applicable Provisions of Sections 301, 
     302, 303, 306, and 307.--In this section, the term 
     `applicable provisions of sections 301, 302, 303, 306, and 
     307' means, as applicable,''; and
       (3) in subsection (e) (as so redesignated)--
       (A) by striking ``with'';
       (B) by striking ``other appropriate''; and
       (C) by striking ``set forth'' and all that follows through 
     the period at the end and inserting ``implementing water 
     quality criteria under section 303 necessary to support the 
     specified designated use or uses of the receiving navigable 
     water.''.
                                 ______
                                 
  SA 6279. 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 XXXI, add the following:

     SEC. 31__. FERC APPLICATIONS.

       (a) In General.--The following issuances by the Federal 
     Energy Regulatory Commission shall have no force or effect 
     until the date described in subsection (b):
       (1) The updated policy statement entitled ``Updated Policy 
     Statement on Certification of New Interstate Natural Gas 
     Facilities'' (Docket No. PL18-1-000 (February 18, 2022)).
       (2) The interim policy statement entitled ``Consideration 
     of Greenhouse Gas Emissions in Natural Gas Infrastructure 
     Project Reviews'' (Docket No. PL21-3-000 (February 18, 
     2022)).
       (3) Any update to the policy statement entitled 
     ``Certification of New Interstate Natural Gas Pipeline 
     Facilities'' (Docket No. PL99-3-000 (September 15, 1999)).
       (b) Date Described.--The date referred to in subsection (a) 
     is the later of--
       (1) the date on which the Electric Reliability Organization 
     (as defined in section 215(a) of the Federal Power Act (16 
     U.S.C. 824o(a))) certifies that disruption to pipeline 
     natural gas supplies does not pose material risk to power 
     system reliability in any season of the year in the territory 
     served by any regional reliability entity, including the 
     Western Electricity Coordinating Council, the Midwest 
     Reliability Organization, the Texas Reliability Entity, and 
     the Northeast Power Coordinating Council; and
       (2) the date on which, as determined by the Administrator 
     of the Energy Information Administration, prices for natural 
     gas and wholesale electricity do not exceed, for not fewer 
     than 3 successive calendar quarters, the average of prices 
     for natural gas and wholesale electricity that were in effect 
     for calendar years 2018, 2019, and 2020.
       (c) Requirement To Timely Process FERC Applications.--
     Unless and until the conditions described in paragraphs (1) 
     and (2) of subsection (b) are met, the Federal Energy 
     Regulatory Commission shall timely process applications under 
     section 3(e) and section 7 of the Natural Gas Act (15 U.S.C. 
     717b(e), 717f) pursuant to the Federal Energy Regulatory 
     Commission policy statement entitled ``Certification of New 
     Interstate Natural Gas Pipeline Facilities'' (Docket No. 
     PL99-3-000 (September 15, 1999)).
       (d) Right To Seek Relief.--Any party aggrieved by the 
     failure of the Federal Energy Regulatory Commission to 
     process an application described in subsection (c) in a 
     reasonable time period may seek equitable relief in any 
     Federal court of competent jurisdiction.
                                 ______
                                 
  SA 6280. 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 XXXI, add the following:

     SEC. 31__. PROHIBITION ON EXPORT OF STRATEGIC PETROLEUM 
                   RESERVE PETROLEUM PRODUCTS TO CERTAIN COUNTRIES 
                   AND SALES TO CERTAIN STATE-OWNED ENTITIES.

       Section 161(i) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6241(i)) is amended--
       (1) by striking ``(i) Notwithstanding any other law'' and 
     inserting the following:
       ``(i) Refine or Exchange Outside the United States.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and subject to paragraphs (2) and (3)''; and
       (2) by adding at the end the following:
       ``(2) Prohibition on export of strategic petroleum reserve 
     petroleum products to certain countries.--Notwithstanding any 
     other provision of law, with respect to the drawdown and sale 
     at auction of any petroleum products from the Reserve under 
     this section after the date of enactment of this paragraph, 
     the Secretary shall require, as a condition of the sale, that 
     the petroleum products not be exported to a country that is 
     designated as a country of particular concern for religious 
     freedom under clause (ii) of section 402(b)(1)(A) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)(A)).
       ``(3) Requirements applicable to certain state-owned 
     entities.--Notwithstanding any other provision of law, with 
     respect to the drawdown and sale at auction of any petroleum 
     products from the Reserve under this section after the date 
     of enactment of this paragraph, if the Secretary determines 
     that, as of the date of the auction, there is in effect a 
     United States ban on, or the imposition of sanctions by the 
     United States with respect to, the purchase of crude oil from 
     1 or more countries--
       ``(A) to be eligible to bid in the auction, a state-owned 
     entity shall submit to the Secretary a certification that the 
     state-owned entity has not purchased petroleum products from 
     any country subject to such a ban or sanctions during the 
     period in which the ban or sanctions were in effect; and
       ``(B) if the Secretary determines that a state-owned entity 
     participating in the auction has purchased crude oil from a 
     country subject to such a ban or sanctions during the period 
     in which the ban or sanctions were in effect, the Secretary 
     shall not sell petroleum products from the Reserve to the 
     state-owned entity under the auction.''.
                                 ______
                                 
  SA 6281. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. __. DISINTERMENTS FROM NATIONAL CEMETERIES.

       (a) Applicability of Authority to Reconsider Decisions of 
     Secretary of Veterans Affairs or Secretary of the Army to 
     Inter the Remains or Memorialize a Person in a National 
     Cemetery.--
       (1) In general.--Section 2(c) of the Alicia Dawn Koehl 
     Respect for National Cemeteries Act (Public Law 113-65; 38 
     U.S.C. 2411 note) is amended by striking ``after the date of 
     the enactment of this Act'' and inserting ``after November 
     21, 1997''.
       (2) Congressional notices.--Upon becoming aware of a 
     covered interment or memorialization--
       (A) the Secretary of Veterans Affairs shall issue to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives written notice of such covered interment or 
     memorialization; and
       (B) the Secretary of the Army, in the case of a covered 
     interment or memorialization in Arlington National Cemetery, 
     shall issue to the Committee on Armed Services of the Senate, 
     the Committee on Armed Services of the House of 
     Representatives, the Committee on Veterans' Affairs of the 
     Senate, and the Committee on Veterans' Affairs of the House 
     of Representatives written notice of such covered interment 
     or memorialization.
       (3) Covered interment or memorialization defined.--In this 
     subsection, the term ``covered interment or memorialization'' 
     means an interment or memorialization--
       (A) in a national cemetery;
       (B) between January 1, 1990, and November 21, 1997; and
       (C) that would have been subject to section 2411 of title 
     38, United States Code, as amended by the Alicia Dawn Koehl 
     Respect for National Cemeteries Act, if subsection 2(c) of 
     such Act, as amended by paragraph (1) of this subsection, 
     were amended by striking ``after November 21, 1997'' and 
     inserting ``on or after January 1, 1990''.
       (b) Disinterment of Remains of Andrew Chabrol From 
     Arlington National Cemetery.--
       (1) Disinterment.--Not later than September 30, 2023, the 
     Secretary of the Army shall disinter the remains of Andrew 
     Chabrol from Arlington National Cemetery.
       (2) Notification.--The Secretary of the Army may not carry 
     out paragraph (1) until after notifying the next of kin of 
     Andrew Chabrol.
       (3) Disposition.--After carrying out paragraph (1), the 
     Secretary of the Army shall--
       (A) relinquish the remains to the next of kin described in 
     paragraph (2); or

[[Page S5806]]

       (B) if no such next of kin responds to notification under 
     paragraph (2) or such kin refuses to accept the remains, 
     arrange for disposition of the remains as the Secretary of 
     the Army determines appropriate.
                                 ______
                                 
  SA 6282. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
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--Say No to the Silk Road

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Say No to the Silk Road 
     Act''.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Digital yuan.--The term ``digital yuan'' means the 
     sovereign digital currency of the People's Bank of China, or 
     any successor sovereign digital currency of the People's 
     Republic of China.
       (2) Network.--The term ``Network'' means the blockchain-
     based service network of the People's Republic of China.
       (3) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Finance, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Energy and Commerce, the Committee on Financial Services, the 
     Committee on Foreign Affairs, and the Committee on Ways and 
     Means of the House of Representatives.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 1283. REPORT ON THE NETWORK.

       (a) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Defense and the Secretary of the Treasury, 
     shall submit to the relevant congressional committees a 
     report--
       (1) on--
       (A) the Network;
       (B) the operations of the Network in the United States;
       (C) the privacy implications of use of the Network in the 
     United States or on United States servers; and
       (D) the participation of companies headquartered in the 
     United States and companies located in the United States in 
     assisting with the operations of the Network or performing 
     work to expand the Network, including--
       (i) with respect to the applications or technical 
     capabilities of the Network; and
       (ii) the geographic scope of the Network, such as--

       (I) expanding the Network to be used in the United States 
     and countries that are allies and partners of the United 
     States; and
       (II) constructing data centers of the Network in the United 
     States and countries that are allies and partners of the 
     United States; and

       (2) that includes--
       (A) the goals of the Network in developing blockchain 
     infrastructure;
       (B) an assessment of whether the involvement in the Network 
     of the Government of the People's Republic of China and 
     entities owned by the Government of the People's Republic of 
     China may pose any risk to economic and national security 
     interests of the United States; and
       (C) the privacy and security implications associated with 
     the collection of data of citizens of the United States by 
     the Network.
       (b) Recommendations.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the relevant congressional committees recommendations 
     relating to the report submitted under subsection (a).

     SEC. 1284. REPORT ON TRADE ENFORCEMENT ACTIONS WITH RESPECT 
                   TO SOVEREIGN DIGITAL CURRENCY OF PEOPLE'S 
                   REPUBLIC OF CHINA.

       Not later than 1 year after the date of the enactment of 
     this Act, the United States Trade Representative, in 
     consultation with the Secretary and the Secretary of the 
     Treasury, shall submit to the relevant congressional 
     committees a report--
       (1) assessing how trade enforcement actions relating to the 
     digital yuan would affect the United States; and
       (2) making recommendations with respect to mitigating the 
     effects of such actions.

     SEC. 1285. REPORT ON EFFECT OF SOVEREIGN DIGITAL CURRENCY OF 
                   PEOPLE'S REPUBLIC OF CHINA ON TRADE AND 
                   INVESTMENT AGREEMENTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the United States Trade Representative shall submit 
     to the relevant congressional committees a report--
       (1) assessing the ways in which shifts to the use of the 
     digital yuan by other countries as a settlement or reserve 
     currency could affect trade and investment agreements to 
     which the United States is a party;
       (2) assessing the ways in which shifts to the use of the 
     digital yuan by international financial institutions to which 
     the United States is a party could affect United States 
     participation and financing; and
       (3) making recommendations with respect to mitigating the 
     effects of such shifts.

     SEC. 1286. USE OF DIGITAL YUAN BY EXECUTIVE AGENCIES.

       (a) Definitions.--In this section:
       (1) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 133 of title 41, 
     United States Code.
       (2) Information technology.--The term ``information 
     technology'' has the meaning given that term in section 11101 
     of title 40, United States Code.
       (b) Use of Digital Yuan.--Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the 
     Administrator of General Services, the Director of the 
     National Institute of Standards and Technology, the Director 
     of the Cybersecurity and Infrastructure Security Agency, the 
     Director of National Intelligence, and the Secretary of 
     Defense, and consistent with the information security 
     requirements under subchapter II of chapter 35 of title 44, 
     United States Code, shall develop strict guidance for 
     executive agencies requiring adequate security measures for 
     any transfer, storage, or use of digital yuan on information 
     technology.

     SEC. 1287. DEPARTMENT OF STATE WARNING ABOUT DANGERS OF 
                   DIGITAL YUAN.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of State shall include on a publicly 
     available internet website of the Department of State a 
     warning to United States citizens traveling to the People's 
     Republic of China about the privacy concerns, potential 
     violations of United States trade and investment enforcement 
     measures, financial instability, and other relevant dangers 
     of using or storing the digital yuan.
                                 ______
                                 
  SA 6283. Mrs. BLACKBURN (for herself and 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 end of subtitle G of title X, add the following:

     SEC. 1077. ANNOUNCEMENT OF PAYMENT FOR BROADCAST.

       Section 317(c) of the Communications Act of 1934 (47 U.S.C. 
     317(c)) is amended to read as follows:
       ``(c)(1) The licensee of each radio station shall exercise 
     reasonable diligence to obtain information to enable such 
     licensee to make the announcement required by this section.
       ``(2) In carrying out paragraph (1), the licensee of a 
     radio station shall consult--
       ``(A) its employees;
       ``(B) other persons with whom it deals directly in 
     connection with any program or program matter for broadcast; 
     and
       ``(C) any additional source of information the Commission 
     designates that may enable the licensee to verify whether the 
     matter broadcast by the radio station was paid for or 
     furnished by a foreign governmental entity.
       ``(3) The licensee of a radio station shall--
       ``(A) obtain the information required under paragraph (1)--
       ``(i) when the licensee enters into an agreement to lease 
     time on the radio station; and
       ``(ii) when the licensee renews any agreement described in 
     clause (i); and
       ``(B) keep a record of the information required under 
     paragraph (1).
       ``(4) For purposes of this subsection--
       ``(A) the term `agent of a foreign principal' means an 
     agent of a foreign principal, as defined in section 1(c) of 
     the Foreign Agents Registration Act of 1938, as amended (22 
     U.S.C. 611(c))--
       ``(i) that is registered as such with the Attorney General 
     under section 2 of that Act (22 U.S.C. 612);
       ``(ii) if the agent's foreign principal--
       ``(I) is a government of a foreign country or a foreign 
     political party; or
       ``(II) is directly or indirectly operated, supervised, 
     directed, owned, controlled, financed, or subsidized by the 
     government of a foreign country or a foreign political party; 
     and
       ``(iii) that is acting in its capacity as an agent of such 
     foreign principal described in clause (ii);
       ``(B) the term `foreign governmental entity' includes--
       ``(i) the government of a foreign country;
       ``(ii) a foreign political party;
       ``(iii) an agent of a foreign principal; and
       ``(iv) a United States-based foreign media outlet (as 
     defined in section 624);
       ``(C) the term `foreign political party' has the meaning 
     given the term in section 1(f) of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 611(f)); and
       ``(D) the term `government of a foreign country' has the 
     meaning given the term in

[[Page S5807]]

     section 1(e) of the Foreign Agents Registration Act of 1938, 
     as amended (22 U.S.C. 611(e)).''.
                                 ______
                                 
  SA 6284. Mrs. BLACKBURN (for herself 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 section 153, add the following:
       (c) Use of Defense Production Act of 1950 Authorities.--The 
     Secretary of Defense shall use authorities provided under 
     title I of the Defense Production Act of 1950 (50 U.S.C. 4511 
     et seq.) to require the prioritization of the performance of 
     contracts for nuclear modernization and hypersonic missile 
     programs and projects.
                                 ______
                                 
  SA 6285. 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 XII, add the following:

     SEC. 1276. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE 
                   AND RUSSIAN COMPANIES THAT SIGN CONTRACTS OR 
                   OTHERWISE DO BUSINESS WITH THE TALIBAN IN 
                   STRATEGIC RESOURCE SECTORS.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any covered 
     foreign entity that, on or after the date of the enactment of 
     this Act--
       (1) signs a contract with the Taliban with respect to a 
     strategic resource sector; or
       (2) otherwise agrees to do business with the Taliban in a 
     strategic resource sector.
       (b) Sanctions.--
       (1) Blocking of property.--
       (A) In general.--The President shall exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of a covered foreign 
     entity described in subsection (a) 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.
       (B) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of any regulation, license, or order 
     issued to carry out subparagraph (A) to the same extent that 
     such penalties apply to a person that commits an unlawful act 
     described in subsection (a) of that section.
       (C) Implementation.--The President may exercise all 
     authorities under sections 203 and 205 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to 
     carry out this paragraph.
       (2) Inclusion on entity list.--The President shall include 
     any covered foreign entity described in subsection (a) on the 
     entity list maintained by the Bureau of Industry and Security 
     and set forth in Supplement No. 4 to part 744 of title 15, 
     Code of Federal Regulations.
       (c) Definitions.--In this section:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means--
       (A) an entity organized under the laws of the People's 
     Republic of China or the Russian Federation, including any 
     jurisdiction within either such country; or
       (B) a significant subsidiary (as defined in section 210.1-
     02(w) of title 17, Code of Federal Regulations, or successor 
     regulations) of an entity described in subparagraph (A).
       (2) Critical mineral.--The term ``critical mineral'' means 
     a critical mineral--
       (A) included in the final list of critical minerals 
     published by the Secretary of the Interior in the Federal 
     Register on May 18, 2018 (83 Fed. Reg. 23295); or
       (B) as defined in section 7002(a) of the Energy Act of 2020 
     (30 U.S.C. 1606(a)).
       (3) Strategic resource sector.--The term ``strategic 
     resource sector'' means a sector of the economy relating to 
     trade or investment in any critical mineral.
       (4) United states person.--the term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     to the United States for permanent residence; and
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States (including any 
     foreign branch of such an entity).
                                 ______
                                 
  SA 6286. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. 1074. ARMY FORCE STRUCTURE BRIEFINGS RELATED TO END-
                   STRENGTH AND MODERNIZATION.

       (a) Briefings Required.--The Secretary of the Army shall 
     provide briefings to the Committees on Armed Services of the 
     Senate and the House of Representatives on the following:
       (1) Force structure adjustments and manning guidance the 
     Army is considering or intends to mitigate the impact of end-
     strength shortages on force readiness.
       (2) Force structure changes the Army is considering or 
     intends to undertake to modernize the force to implement in 
     the Army by 2030.
       (3) Force design updates the Army is considering or intends 
     to undertake for fires and air defense forces, aviation 
     forces, armored forces including mechanized infantry, and 
     logistics support to enable contested logistics operations in 
     the Indo-Pacific theater.
       (b) Elements.--The briefings required under subsection (a) 
     shall include--
       (1) the assumptions and options being used to assess and 
     guide analysis and decisions;
       (2) options considered or being considered;
       (3) analysis conducted or being conducted to inform 
     decision making;
       (4) a description of experimentation conducted or planned 
     to inform or validate decisions; and
       (5) other matters the Secretary of the Army believes 
     appropriate.
       (c) Timing.--The briefings required under subsection (a) 
     shall be provided to the Committees on Armed Services of the 
     Senate and the House of Representatives not later than 
     February 13, 2023, or 30 days prior to issuing or release of 
     decision guidance, whichever comes earlier.
       (d) Rule of Construction.--Providing the briefings 
     identified in subsection (a) shall not obviate the 
     requirement to comply with other notification requirements 
     related to force structure, stationing, or reductions.
                                 ______
                                 
  SA 6287. 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 C of title VII, add the following:

     SEC. 753. MODIFICATION OF LIMITATION ON DISCHARGE SOLELY ON 
                   THE BASIS OF FAILURE TO OBEY LAWFUL ORDER TO 
                   RECEIVE COVID-19 VACCINE.

       Section 736(a) of the National Defense Authorization Act 
     for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note 
     prec.) is amended by striking ``shall be'' and all that 
     follows through the period at the end and inserting ``shall--
       ``(1) be an honorable discharge or a general discharge 
     under honorable conditions; and
       ``(2) not include a separation code, narrative reason for 
     separation, or any other remark on a certificate of release 
     or discharge from active duty that prevents eligibility of 
     the covered member for health benefits under section 1145 of 
     title 10, United States Code.''.
                                 ______
                                 
  SA 6288. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. DYSLEXIA.

       (a) Definitions.--Section 602 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401) is amended--
       (1) in paragraph (3)(A), by striking ``or specific learning 
     disabilities'' and inserting ``dyslexia, or specific learning 
     disabilities'';
       (2) by inserting after paragraph (3) the following:

[[Page S5808]]

       ``(4) Dyslexia.--The term `dyslexia' means an unexpected 
     difficulty in reading for an individual who has the 
     intelligence to be a much better reader, most commonly caused 
     by a difficulty in the phonological processing (the 
     appreciation of the individual sounds of spoken language), 
     which affects the ability of an individual to speak, read, 
     and spell.''; and
       (3) in paragraph (30)--
       (A) in subparagraph (B), by striking ``dyslexia,''; and
       (B) in subparagraph (C)--
       (i) by striking ``or of'' and inserting ``of''; and
       (ii) by inserting before the period the following: ``, or 
     of dyslexia''.
       (b) Provision of Accommodations and Services.--The 
     Individuals with Disabilities Education Act is amended by 
     inserting after section 608 (20 U.S.C. 1407) the following:

     ``SEC. 608A. PROVISION OF ACCOMMODATIONS AND SERVICES.

       ``In determining eligibility for, or providing, an 
     accommodation or service under this title, a local 
     educational agency or other agency shall provide equal 
     access, to the accommodation or service, to--
       ``(1) children from low-income families or from families 
     with low socioeconomic status; and
       ``(2) other children.''.
                                 ______
                                 
  SA 6289. Ms. MURKOWSKI (for herself and 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 G of title X, add the following:

     SEC. 1077. DESIGNATION OF MOUNT YOUNG, ALASKA.

       (a) Designation.--Not later than 30 days after the date of 
     enactment of this Act, the Board on Geographic Names shall 
     designate the 2,598-foot volcanic peak known as ``Mount 
     Cerberus'' located at 51.93569N, 179.5848E, on 
     Semisopochnoi Island in the State of Alaska as ``Mount 
     Young''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     mountain peak described in subsection (a) shall be deemed to 
     be a reference to ``Mount Young''.

     SEC. 1078. DESIGNATION OF DON YOUNG ALASKA JOB CORPS CENTER.

       (a) Designation.--The Job Corps center located at 800 East 
     Lynn Martin Drive in Palmer, Alaska, shall be known and 
     designated as the ``Don Young Alaska Job Corps Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Job Corps center described in subsection (a) shall be deemed 
     to be a reference to the ``Don Young Alaska Job Corps 
     Center''.

     SEC. 1079. DESIGNATION OF DON YOUNG FEDERAL OFFICE BUILDING.

       (a) Designation.--The Federal office building located at 
     101 12th Avenue in Fairbanks, Alaska, shall be known and 
     designated as the ``Don Young Federal Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Federal office building described in subsection (a) shall be 
     deemed to be a reference to the ``Don Young Federal Office 
     Building''.
                                 ______
                                 
  SA 6290. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 4802, to authorize appropriations for the Coast 
Guard, and for other purposes; which was referred to the Committee on 
Commerce, Science, and Transportation; as follows:
       In title III, strike subtitle E and insert the following:

        Subtitle E--Illegal, Unreported, and Unregulated Fishing

     SEC. 361. DEFINITIONS.

       In this subtitle:
       (1) Fish.--The term ``fish'' means all forms of marine 
     animal and plant life other than marine mammals and birds, 
     including finfish, mollusks, and crustaceans.
       (2) Illegal, unreported, or unregulated fishing.--The term 
     ``illegal, unreported, or unregulated fishing'' has the 
     meaning given that term in subpart N of part 300 of title 50, 
     Code of Federal Regulations (or any successor regulation).
       (3) Seafood.--The term ``seafood'' means all marine animal 
     and plant life meant for consumption as food other than 
     marine mammals and birds, including fish, shellfish products, 
     and processed fish.
       (4) Seafood fraud.--The term ``seafood fraud'' means the 
     mislabeling or misrepresentation of the information required 
     under this subtitle, any other Federal law (including 
     regulations), or any international agreement pertaining to 
     the import, export, transport, sale, harvest, processing, or 
     trade of seafood, including--
       (A) the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.);
       (B) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
     seq.);
       (C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.);
       (D) the FDA Food Safety Modernization Act (Public Law 111-
     353);
       (E) the Fair Packaging and Labeling Act (15 U.S.C. 1451 et 
     seq.);
       (F) subtitle D of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1638 et seq.);
       (G) parts 60 and 65 of title 7, Code of Federal Regulations 
     (or any successor regulations);
       (H) part 123 of title 21, Code of Federal Regulations (or 
     any successor regulations); and
       (I) section 216.24 of title 50, Code of Federal Regulations 
     (or any successor regulation).
       (5) Seafood import monitoring program.--The term ``Seafood 
     Import Monitoring Program'' means the Seafood Traceability 
     Program established in subpart Q of part 300 of title 50, 
     Code of Federal Regulations (or any successor regulation).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration or a designee of 
     either the Secretary or the Administrator.
       (7) 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.

                  CHAPTER 1--SEAFOOD IMPORT MONITORING

     SEC. 362. ASSESSMENT OF SPECIES FOR INCLUSION IN SEAFOOD 
                   IMPORT MONITORING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall conduct an 
     evidence-based risk assessment to determine whether any 
     species of fish should be added to the Seafood Import 
     Monitoring Program--
       (1) to reduce human trafficking in the international 
     seafood supply chain;
       (2) to reduce economic harm to the United States fishing 
     industry;
       (3) to preserve stocks of at-risk species around the world; 
     and
       (4) to protect United States consumers from seafood fraud.
       (b) Elements.--
       (1) In general.--In addition to the matters described in 
     paragraphs (1) through (4) of subsection (a), the risk 
     assessment required by that subsection shall be based on the 
     following elements relating to species of fish:
       (A) Enforcement capability.
       (B) Incidence of species misrepresentation or mislabeling.
       (C) The existence of a catch documentation scheme.
       (D) History of fishing violations.
       (E) Complexity of chain of custody and processing.
       (F) Human health risks.
       (2) Consideration of elements.--The Secretary--
       (A) shall consider all of the elements described in 
     paragraph (1) when evaluating risk with respect to adding any 
     species to the Seafood Import Monitoring Program;
       (B) shall consider the interaction between those elements; 
     and
       (C) may not make a determination based solely on the 
     presence or absence of one element.

     SEC. 363. NOTIFICATION TO CONGRESS REGARDING REMOVAL OF 
                   SPECIES OF FISH FROM SEAFOOD IMPORT MONITORING 
                   PROGRAM.

       The Secretary shall notify Congress regarding the removal 
     of any species of fish from the Seafood Import Monitoring 
     Program.

     SEC. 364. IMPROVEMENT OF AUTOMATED COMMERCIAL ENVIRONMENT.

       (a) Strategy Required.--Not later than 540 days after the 
     date of the enactment of this Act, the Secretary, in 
     coordination with the Secretary of Homeland Security acting 
     through the Commissioner of U.S. Customs and Border 
     Protection, shall develop and implement a strategy to improve 
     the quality and verifiability of the following data elements 
     in the Automated Commercial Environment system:
       (1) Authorization to fish.
       (2) Unique vessel identifier, if available.
       (3) Location of wild-capture harvest and landing or 
     aquaculture location.
       (4) Type of fishing gear used to harvest the fish.
       (b) Prioritization.--The strategy developed and implemented 
     under paragraph (1) shall, to the extent feasible, prioritize 
     the use of enumerated data types, such as checkboxes, 
     dropdown menus, or radio buttons, rather than open text 
     fields, and any additional elements the Secretary finds 
     necessary.

     SEC. 365. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT 
                   MONITORING PROGRAM DATA COLLECTION.

       (a) In General.--Not later than 1 year after date of the 
     enactment of this Act, the Secretary shall revise subpart Q 
     of part 300 of title 50, Code of Federal Regulations (or a 
     successor regulation)--
       (1) to require an importer of record to provide at the time 
     of entry, for each entry subject to the Seafood Import 
     Monitoring Program--
       (A) the location of catch or cultivation, including--
       (i) the country code of the International Organization for 
     Standardization if the catch

[[Page S5809]]

     occurs within the exclusive economic zone of a country; and
       (ii) if appropriate, an identification of any regional 
     fisheries management organization having jurisdiction over 
     the catch, if the catch occurs within the jurisdiction of any 
     such organization; and
       (B) paper records or electronic reports to establish 
     verifiable and complete chain-of-custody records that track--
       (i) the seafood or seafood product from its initial harvest 
     or production to import, including with unique vessel 
     identifiers as applicable;
       (ii) each custodian of the seafood or seafood product, 
     including each aquaculture facility, transshipper, processor, 
     storage facility, and distributor; and
       (iii) the physical address of each such custodian;
       (C) if available, the maritime mobile service identity 
     number of each harvesting and transshipment vessel; and
       (D) the owners of each harvesting and transshipment vessel 
     or aquaculture facility, as applicable; and
       (2) to require an importer to submit data under the Seafood 
     Import Monitoring Program--
       (A) not fewer than 168 hours, and not more than 15 days, 
     before the time of any arrival; and
       (B) in accordance with requirements of U.S. Customs and 
     Border Protection for submission and corrections to entry 
     filings into the Automated Commercial Environment.
       (b) Data Elements.--The Secretary shall coordinate with 
     relevant agencies to ensure that the data elements described 
     in subsection (a) can be--
       (1) submitted through the International Trade Data System 
     Automated Commercial Environment to U.S. Customs and Border 
     Protection; or
       (2) noted as absent in the Automated Commercial Environment 
     if an element is unavailable at the time of entry.
       (c) Electronic Integration.--The Secretary shall integrate 
     data elements under subsection (a) and, as appropriate, risk 
     factors and trends described in section 366 into the seafood 
     traceability programs of the National Oceanic and Atmospheric 
     Administration to--
       (1) enhance long-term system supportability;
       (2) reduce duplication of infrastructure and contractor 
     support for software development; and
       (3) create greater program effectiveness by establishing 
     risk factors used for selecting targeted shipments to audit.
       (d) International Fisheries Trade Permits.--The Secretary 
     shall--
       (1) not later than 2 years after the date of the enactment 
     of this Act, publish and commence maintaining on the website 
     of the National Marine Fisheries Service a list of all 
     International Fisheries Trade Permit holders, including the 
     name of each permit holder and expiration date of each 
     permit;
       (2) not less than 60 days before publishing the name of a 
     permit holder under paragraph (1), notify the permit holder 
     of the intended publication; and
       (3) require an International Fisheries Trade Permit for any 
     person who imports into the United States, or exports or re-
     exports from the United States, seafood or seafood products.

     SEC. 366. STRATEGIC PLAN TO IMPROVE DETECTION OF AT-RISK 
                   SEAFOOD IMPORTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary, in consultation with the Secretary 
     of Homeland Security, the Secretary of Labor, and the 
     Secretary of State, shall--
       (1) finalize a detailed strategic plan to develop and use 
     artificial intelligence and machine learning technologies and 
     predictive analytics to identify risk factors and trends in 
     shipment data to detect imports of seafood and seafood 
     products at risk of being associated with illegal, 
     unreported, or unregulated fishing, human trafficking, forced 
     labor, or seafood fraud; and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Natural 
     Resources of the House of Representatives a detailed report 
     on such plan.

     SEC. 367 AUDIT PROCEDURES.

       (a) Audit Procedures.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary shall 
     implement procedures for auditing 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 
     subject to the Seafood Import Monitoring Program with respect 
     to a given year.
       (b) Annual Revision.--Not less frequently than once each 
     year, the Secretary shall review, and revise as appropriate, 
     procedures implemented under subsection (a) in order to 
     prioritize for audit imports of seafood and seafood products 
     originating from the following:
       (1) Nations identified to have a higher risk of being 
     associated with illegal, unreported, or unregulated fishing, 
     including those sources and products associated with nations 
     that have been issued a negative certification under section 
     609 of the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826j).
       (2) Nations identified as being the flag states or landing 
     locations of vessels that have been identified by another 
     country or regional fisheries management organization as 
     engaging, or as having been engaged in, illegal, unreported, 
     or unregulated fishing.
       (3) Nations identified as producing seafood products using 
     forced labor or oppressive child labor in the most recent 
     List of Goods Produced by Child Labor or Forced Labor issued 
     by the Secretary of Labor in accordance with section 
     105(b)(2)(C) of the Trafficking Victims Protection 
     Reauthorization Act (22 U.S.C. 7112 (b)(2)(C)).

     SEC. 368. REPORT ON SEAFOOD IMPORT MONITORING.

       (a) Report to Congress.--Not later than 120 days after the 
     end of each fiscal year, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report that summarizes the efforts of the 
     National Marine Fisheries Service to prevent the importation 
     of seafood harvested, produced, processed, or manufactured 
     through illegal, unreported, or unregulated fishing or 
     seafood fraud.
       (b) Public Availability.--The Secretary shall make each 
     report submitted under subsection (a) publicly available on 
     the internet website of the National Oceanic and Atmospheric 
     Administration.
       (c) Contents.--Each report submitted under subsection (a) 
     shall include the following information:
       (1) The volume and value of seafood species subject to the 
     Seafood Import Monitoring Program imported during the 
     previous fiscal year, reported by 10-digit statistical 
     reporting number of the Harmonized Tariff Schedule of the 
     United States.
       (2) A description of 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 the 
     Seafood Import Monitoring Program selected for inspection, or 
     the information or records supporting entry selected for 
     audit, during the previous fiscal year, as described in 
     subpart Q of part 300 of title 50, Code of Federal 
     Regulations (or successor regulation).
       (4) The number and types of instances of noncompliance with 
     the requirements of the Seafood Import Monitoring Program 
     during the previous fiscal year.
       (5) The number and types of instances of violations of 
     Federal law discovered through the Seafood Import Monitoring 
     Program during the previous fiscal year.
       (6) The seafood species with respect to which instances of 
     noncompliance described in paragraph (4) and violations 
     described in paragraph (5) were most prevalent.
       (7) The location of catch or harvest with respect to which 
     instances of noncompliance described in paragraph (4) and 
     violations in paragraph (5) were most prevalent.
       (8) The resources dedicated to the Seafood Import 
     Monitoring Program during the previous fiscal year, including 
     the number of full-time employees.
       (9) Such other information as the Secretary considers 
     appropriate with respect to monitoring and enforcing 
     compliance with the Seafood Import Monitoring Program.

     SEC. 369. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Commissioner 
     of U.S. Customs and Border Protection $20,000,000 for each of 
     fiscal years 2023 through 2027 to carry out enforcement 
     actions under section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307).

     SEC. 370. REGULATIONS.

       The Secretary may promulgate such regulations as are 
     necessary to carry out this chapter.

              CHAPTER 2--SEAFOOD TRACEABILITY AND LABELING

     SEC. 371. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND SEAFOOD 
                   FRAUD.

       The Secretary and the Secretary of Health and Human 
     Services, in coordination with the Secretary of Homeland 
     Security, shall jointly, to the maximum extent practicable, 
     ensure that inspections and tests for seafood safety also 
     collect information for the prevention of seafood fraud.

     SEC. 372. SEAFOOD LABELING AND IDENTIFICATION.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with other relevant agencies, shall implement the following 
     requirements with respect to seafood and seafood products 
     subject to the Seafood Import Monitoring Program or imported 
     into the United States:
       (1) Traceability.--A requirement that the following 
     information shall accompany seafood through processing and 
     importation:
       (A) The Regional Fishery Management Organization Convention 
     Area, a country's exclusive economic zone or territorial 
     waters, or a more specific location, in which the seafood was 
     caught or cultivated.
       (B) The specific Aquatic Sciences and Fisheries Information 
     System number of the Fisheries and Aquaculture Statistics 
     Information Service of the United Nations Food and 
     Agriculture Organization.
       (C) Whether the seafood was harvested wild or was farm-
     raised, and, if the seafood was farm-raised, information 
     regarding the country of cultivation, the location of the 
     aquaculture production area, and the method of cultivation.
       (D) The method of harvest of the seafood.
       (E) The date of the catch or harvest.

[[Page S5810]]

       (F) The weight or number, as appropriate, of product for an 
     individual fish or lot.
       (G) Date and name of entity (processor, dealer, vessel) to 
     which the seafood was landed.
       (H) Name and flag state of vessel and evidence of 
     authorization, and if applicable, a unique vessel identifier.
       (I) Name and location of the facility from which farm-
     raised seafood were harvested, the method of cultivation, 
     source and type of feed, and evidence of authorization.
       (J) The International Fisheries Trade Permit used for 
     import entry, if applicable.
       (2) Labeling.--The following information shall be included 
     in the labeling of imported seafood and seafood products 
     through processing and importation:
       (A) The information required in subparagraphs (A), (B), 
     (C), and (D) of paragraph (1).
       (B) Whether the seafood has been previously frozen or 
     treated with any substance other than ice or water.
       (b) Production Codes.--The Secretary shall allow compliance 
     with subsection (a) through the use electronic bar coding 
     methods.
       (c) Safe Harbor.--No processor, distributor, or retailer 
     may be found to be in violation of the requirements of this 
     subtitle or the regulations implementing this subtitle for 
     selling in the United States a product that was imported into 
     the United States and was mislabeled upon receipt by the 
     processor, distributor, or retailer, unless the processor, 
     distributor, or retailer knew or should have known about the 
     mislabeling.

     SEC. 373. FEDERAL ENFORCEMENT.

       (a) Enforcement by Secretary.--The Secretary shall enforce 
     the provisions of this subtitle in the same manner, by the 
     same means, and with the same jurisdiction, powers, and 
     duties as though sections 308 through 311 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1858 through 1861) were incorporated into and made a part of 
     and applicable to this subtitle.
       (b) List of Offenders.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Health and Human Services, 
     shall begin including on the public website of the Department 
     of Commerce a list relating to enforcement actions that--
       (1) includes, by country, each exporter whose seafood 
     subject to the Seafood Import Monitoring Program is imported 
     or offered for import into the United States; and
       (2) for each such exporter, tracks the timing, type, and 
     frequency of violations of Federal law relating to seafood 
     fraud and illegal, unreported, or unregulated fishing.
       (c) Inspections.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall--
       (1) increase, as resources allow, inspections by auditors 
     and authorized officers of the National Oceanic and 
     Atmospheric Administration of documentation from foreign and 
     domestic seafood shipments related to the conditions of 
     harvest, and subsequent verification of that documentation 
     with foreign entities and other partners, to determine 
     whether seafood fraud and illegal, unreported, or unregulated 
     fishing have occurred and to verify compliance with the 
     requirements under section 365(a);
       (2) conduct audits and inspections, as resources allow, at 
     a sufficient level to promote compliance and deterrence; and
       (3) to the maximum extent practicable, ensure that 
     inspections and tests for seafood fraud prevention also 
     collect information to support the Secretary of Health and 
     Human Services in implementing the seafood safety 
     requirements of the FDA Food Safety Modernization Act (Public 
     Law 111-353).
       (d) Interagency Agreement.--
       (1) Memorandum of understanding required.--Not later than 1 
     year after the date of the enactment of this Act, the 
     Secretary, the Secretary of Homeland Security, the Secretary 
     of Labor, and the Secretary of Health and Human Services 
     shall jointly execute a memorandum of understanding to codify 
     and improve interagency cooperation on--
       (A) seafood safety;
       (B) preventing illegal, unreported, or unregulated fishing; 
     and
       (C) seafood fraud prevention, enforcement, and inspections.
       (2) Requirements.--The memorandum of understanding required 
     by paragraph (1) shall include provisions, performance 
     metrics, and timelines as the Secretaries consider 
     appropriate to improve the cooperation described in that 
     paragraph (acting under provisions of law other than this 
     subsection)--
       (A) to identify and execute specific procedures for using 
     authorities granted under the FDA Food Safety Modernization 
     Act (Public Law 111-353) to ensure and improve the safety of 
     commercially marketed seafood in the United States;
       (B) to identify and execute specific procedures for 
     interagency cooperation on--
       (i) interagency resource and information sharing;
       (ii) use and development of necessary tools including 
     forensic, if feasible, and other means to fill existing gaps 
     in capabilities and eliminate duplication; and
       (iii) if feasible, development of specific forensic 
     analysis information required by each agency to promote 
     effective enforcement actions;
       (C) to maximize the effectiveness of limited personnel and 
     resources by ensuring that--
       (i) inspections of seafood shipments and seafood processing 
     and production facilities by the National Oceanic and 
     Atmospheric Administration and the Food and Drug 
     Administration are not duplicative; and
       (ii) information resulting from examinations, testing, and 
     inspections conducted by the Department of Commerce with 
     respect to seafood is considered in making risk-based 
     determinations, including the establishment of inspection 
     priorities for domestic and foreign facilities and the 
     examination and testing of domestic and imported seafood;
       (D) to create a process--
       (i) by which data collected by all seafood inspectors and 
     officers of the National Oceanic and Atmospheric 
     Administration and U.S. Customs and Border Protection 
     authorized to conduct inspections of seafood shipments or 
     facilities that process or sell seafood, or authorized 
     officers that conduct analysis of seafood import information, 
     will be used for risk-based screening of seafood shipments, 
     including with respect to food safety, adulteration, and 
     misbranding, by the Food and Drug Administration beginning 
     not later than 1 year after the date of the enactment of this 
     Act;
       (ii) by which data collected by the National Oceanic and 
     Atmospheric Administration, U.S. Customs and Border 
     Protection, the Department of Labor, the Department of State, 
     and the Food and Drug Administration is shared to maximize 
     efficiency and enforcement of seafood safety, fraud 
     prevention, and prohibitions on illegal, unreported, or 
     unregulated fishing; and
       (iii) for taking all steps necessary to restore access by 
     partner government agencies to the Automated Targeting 
     System, including amending system of record notices and 
     privacy impact assessments; and
       (E) to ensure that officers and employees of the National 
     Oceanic and Atmospheric Administration are used by the 
     Secretary of Health and Human Services as third-party 
     auditors pursuant to section 808 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 384d) to carry out seafood 
     examinations and investigations under chapter VIII of such 
     Act.
       (e) Trade Monitoring Information.--
       (1) Disclosure of information to federal agencies.--The 
     Secretary may disclose to a Federal agency information 
     required and collected under trade monitoring programs for 
     marine resources if the Federal agency--
       (A) does not have direct access to such information; and
       (B) is responsible for carrying out duties under or with 
     respect to--
       (i) trade monitoring programs for marine resources;
       (ii) the Maritime Security and Fisheries Enforcement Act 
     (16 U.S.C. 8001 et seq.);
       (iii) Federal laws (including regulations) or international 
     agreements on seafood fraud;
       (iv) section 307 of the Tariff Act of 1930 (19 U.S.C. 
     1307); or
       (v) the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7101 et seq.).
       (2) Confidentiality.--
       (A) In general.--The Secretary may disclose information to 
     Federal agencies as described in paragraph (1) 
     notwithstanding--
       (i) section 402(b) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1881a(b)); or
       (ii) any confidentiality of information requirement under 
     any statute authorizing a trade monitoring program for marine 
     resources.
       (B) Required disclosures.--This paragraph does not modify 
     any requirement regarding disclosure of information to 
     individual or entities, including the public, under--
       (i) section 1905 of title 18, United States Code (commonly 
     referred to as the ``Trade Secrets Act'');
       (ii) section 402(b) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1881a(b)); or
       (iii) other applicable law.
       (3) Definition of trade monitoring programs for marine 
     resources.--In this subsection, the term ``trade monitoring 
     programs for marine resources'' includes--
       (A) the Seafood Import Monitoring Program;
       (B) the Antarctic Marine Living Resources Program of the 
     National Oceanic and Atmospheric Administration;
       (C) the Tuna Tracking and Verification Program of the 
     National Oceanic and Atmospheric Administration;
       (D) the Atlantic Highly Migratory Species International 
     Trade Program of the National Oceanic and Atmospheric 
     Administration;
       (E) any successor of any program described in subparagraph 
     (A), (B), (C), or (D); and
       (F) any new program for monitoring trade in marine 
     resources.

     SEC. 374. REGULATIONS.

       The Secretary may prescribe such regulations as are 
     necessary to carry out this chapter.

     SEC. 375. EFFECT ON STATE LAW.

       Nothing in this chapter shall preempt the authority of a 
     State to establish and enforce anti-trafficking laws or 
     requirements for improving seafood safety and preventing 
     seafood fraud that are consistent with the requirements of 
     this chapter.

     SEC. 376. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration to carry out this 
     chapter $14,200,000 for each of fiscal years 2023 through 
     2027.

[[Page S5811]]

  

                                 ______
                                 
  SA 6291. 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 F of title XII, add the following:

     SEC. 1276. REVIEW AND CONTROLS ON EXPORT OF ITEMS WITH 
                   CRITICAL CAPABILITIES TO ENABLE HUMAN RIGHTS 
                   ABUSES.

       (a) Statement of Policy.--It is the policy of the United 
     States to use export controls to the extent necessary to 
     further the protection of internationally recognized human 
     rights.
       (b) Review of Items With Critical Capabilities to Enable 
     Human Rights Abuses.--Not later than 180 days after the date 
     of the enactment of this Act, and as appropriate thereafter, 
     the Secretary, in coordination with the Secretary of State, 
     the Director of National Intelligence, and the heads of other 
     Federal agencies as appropriate, shall conduct a review of 
     items subject to controls for crime control reasons pursuant 
     to section 742.7 of the Export Administration Regulations.
       (c) Controls.--In furtherance of the policy set forth in 
     subsection (a), not later than 60 days after completing the 
     review required by subsection (b), the Secretary, in 
     coordination with the heads of other Federal agencies as 
     appropriate, shall determine whether additional export 
     controls are needed to protect human rights, including 
     whether--
       (1) controls for crime control reasons pursuant to section 
     742.7 of the Export Administration Regulations should be 
     imposed on additional items, including items with critical 
     capabilities to enable human rights abuses involving--
       (A) censorship or social control;
       (B) surveillance, interception, or restriction of 
     communications;
       (C) monitoring or restricting access to or use of the 
     internet;
       (D) identification of individuals through facial or voice 
     recognition or biometric indicators; or
       (E) DNA sequencing; or
       (2) end-use and end-user controls should be imposed on the 
     export, reexport, or in-country transfer of certain items 
     with critical capabilities to enable human rights abuses that 
     are subject to the Export Administration Regulations if the 
     person seeking to export, reexport, or transfer the item has 
     knowledge, or the Secretary determines and so informs that 
     person, that the end-user or ultimate consignee will use the 
     item to enable human rights abuses.
       (d) Cooperation of Other Agencies.--Upon request from the 
     Secretary, the head of a Federal agency shall provide full 
     support and cooperation to the Secretary in carrying out this 
     section.
       (e) International Coordination on Controls to Protect Human 
     Rights.--It shall be the policy of the United States to seek 
     to secure the cooperation of other governments to impose 
     export controls that are consistent, to the extent possible, 
     with the controls imposed under this section.
       (f) Conforming Amendment.--Section 1752(2)(A) of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4811(2)(A)) is 
     amended--
       (1) in clause (iv), by striking ``; or'' and inserting a 
     semicolon;
       (2) in clause (v), by striking the period and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(vi) serious human rights abuses.''.
       (g) Definitions.--In this section:
       (1) End-user; knowledge; ultimate consignee.--The terms 
     ``end-user'', ``knowledge'', and ``ultimate consignee'' have 
     the meanings given those terms in section 772.1 of the Export 
     Administration Regulations.
       (2) Export; export administration regulations; in-country 
     transfer; item; reexport.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', 
     ``item'', and ``reexport'' have the meanings given those 
     terms in section 1742 of the Export Control Reform Act of 
     2018 (50 U.S.C. 4801).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
                                 ______
                                 
  SA 6292. 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 appropriate place, insert the following:

     SEC. __. DELAY OF THE EFFECTIVE DATE OF CERTAIN FLIGHT CREW 
                   ALERTING REQUIREMENTS.

       Subsection (b) of section 116 of division V of the 
     Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note), 
     is amended, in the matter preceding paragraph (1), by 
     striking ``on the date that is 2 years after the date of 
     enactment of this title'' and inserting ``September 30, 
     2024''.
                                 ______
                                 
  SA 6293. 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 end of subtitle A of title VIII, add the following:

     SEC. 809. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF 
                   ENHANCED REPORTING ON PROPOSED CANCELLATIONS 
                   AND MODIFICATIONS TO MULTIYEAR CONTRACTS.

       Section 239c(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) though (4) as 
     paragraphs (2) through (5), respectively; and
       (2) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph:
       ``(1) A detailed explanation of the rationale for such 
     cancellation or covered modification.''.
                                 ______
                                 
  SA 6294. Ms. COLLINS (for herself, Mrs. Shaheen, Mr. King, 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 F of title V, add the following:

     SEC. 575. SUPPORT FOR DEPARTMENT OF DEFENSE-AFFILIATED 
                   FAMILIES SUPPLANTED FROM DEPARTMENT CHILD 
                   DEVELOPMENT CENTERS.

       (a) In General.--The Secretary of Defense, in coordination 
     with the Secretaries of the military departments, shall take 
     actions to support and accommodate Department of Defense-
     affiliated families who were supplanted from Department child 
     development centers on or after January, 1 2022.
       (b) Actions to Be Taken.--The Secretary shall consider the 
     following actions to assist families described in subsection 
     (a):
       (1) Assisting with identifying child care options within 
     the local community.
       (2) Providing financial assistance, when authorized by law, 
     for the purpose of securing child care during duty hours.
       (3) Authorizing flexible duty shifts when both members of 
     such a family are employees or contractors of the Department.
       (4) Such other actions as the Secretary, in consultation 
     with the Secretaries of the military departments, considers 
     appropriate.
       (c) Report Required.--
       (1) In general.--Not later than March 1, 2023, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the supplanting of Department of Defense-affiliated 
     families from Department child development centers and 
     actions taken by the Secretary to accommodate those families 
     and address the hardships faced by those families.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The number of Department of Defense-affiliated families 
     and dependents supplanted from Department child development 
     centers on or after January 1, 2022, and before the date of 
     the report.
       (B) The duty location of those families, including the 
     number of such families and dependents supplanted at each 
     location.
       (C) For each location in which more than five such families 
     have been supplanted during the period described in 
     subparagraph (A), a description of actions taken by the 
     Department--
       (i) to increase the availability of child care at the 
     location's child development center; and
       (ii) to assist those families secure suitable child care 
     during applicable duty hours.
                                 ______
                                 
  SA 6295. 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

[[Page S5812]]

other purposes; which was ordered to lie on the table; as follows:
        On page 138, line 6, insert after ``enactment'' the 
     following: ``, including the capacity of the public shipyards 
     of the Navy to meet current and anticipated needs of the Navy 
     to maintain and repair ships''.
                                 ______
                                 
  SA 6296. 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 C of title XII, add the following:

     SEC. 1239. AMENDMENTS TO AMERICAN SERVICEMEMBERS' PROTECTION 
                   ACT OF 2002 RELATED TO INVESTIGATIONS OF 
                   ATROCITY CRIMES IN UKRAINE.

       Section 2004(h) of the American Servicemembers' Protection 
     Act of 2002 (22 U.S.C. 7423(h)) is amended--
       (1) by striking ``Agents.--No agent'' and inserting the 
     following: ``Agents.--
       ``(1) In general.--No agent''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Exception.--The prohibition under paragraph (1) shall 
     not apply with respect to investigative activities that--
       ``(A) relate solely to investigations of foreign persons 
     suspected of atrocity crimes in Ukraine; and
       ``(B) are undertaken in concurrence with the Attorney 
     General.''.
                                 ______
                                 
  SA 6297. Mr. GRASSLEY (for himself, Mr. Peters, Mr. Sasse, Mr. 
Durbin, Mr. Cornyn, Ms. Hassan, Ms. Sinema, and 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 appropriate place, insert the following:

     SEC. ___. DISCLOSING FOREIGN INFLUENCE IN LOBBYING ACT.

       (a) Short Title.--This section may be cited as the 
     ``Disclosing Foreign Influence in Lobbying Act''.
       (b) Clarification of Contents of Registration.--Section 
     4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1603(b)) is amended--
       (1) in paragraph (6), by striking ``and'' at the end; and
       (2) in paragraph (7), by striking ``the offense.'' and 
     inserting the following: ``the offense; and
       ``(8) notwithstanding paragraph (4), the name and address 
     of each government of a foreign country (including any agency 
     or subdivision of a foreign government, such as a regional or 
     municipal unit of government) and foreign political party, 
     other than the client, that participates in the direction, 
     planning, supervision, or control of any lobbying activities 
     of the registrant.''.
                                 ______
                                 
  SA 6298. Mr. GRASSLEY (for himself 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 end of subtitle G of title X, add the following:

     SEC. 1077. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT 
                   SURVIVORS' BILL OF RIGHTS.

       (a) Definition of Covered Formula Grant.--In this section, 
     the term ``covered formula grant'' means a grant under part T 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as 
     the ``STOP Violence Against Women Formula Grant Program'').
       (b) Grant Increase.--The Attorney General shall increase 
     the amount of the covered formula grant provided to a State 
     in accordance with this section if the State has in effect a 
     law that provides to sexual assault survivors the rights, at 
     a minimum, under section 3772 of title 18, United States 
     Code.
       (c) Application.--A State seeking an increase to a covered 
     formula grant under this section shall submit an application 
     to the Attorney General at such time, in such manner, and 
     containing such information as the Attorney General may 
     reasonably require, including information about the law 
     described in subsection (b).
       (d) Period of Increase.--The Attorney General may not 
     provide an increase in the amount of the covered formula 
     grant provided to a State under this section more than 4 
     times.
       (e) Authorization of Application.--There are authorized to 
     be appropriated $20,000,000 for each of fiscal years 2023 
     through 2027 to carry out this section.
                                 ______
                                 
  SA 6299. Mr. GRASSLEY (for himself, Ms. Hassan, Mrs. Shaheen, 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 end of subtitle G of title X, add the following:

     SEC. 1077. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED 
                   SUBSTANCES.

       Effective as if included in the enactment of the Temporary 
     Reauthorization and Study of the Emergency Scheduling of 
     Fentanyl Analogues Act (Public Law 116-114; 134 Stat. 103), 
     section 2 of that Act is amended by striking ``December 31, 
     2022'' and inserting ``February 29, 2024''.
                                 ______
                                 
  SA 6300. Mr. GRASSLEY (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REAUTHORIZATION OF THE MISSING AMERICANS ALERT 
                   PROGRAM.

       Section 240001(d) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (34 U.S.C. 12621(d)) is amended by 
     striking ``2018 through 2022'' and inserting ``2023 through 
     2027''.
                                 ______
                                 
  SA 6301. Mr. GRASSLEY (for himself, Mr. Rubio, Ms. Cortez Masto, Mr. 
Scott of Florida, Mr. Manchin, Ms. Collins, Ms. Hassan, Mr. King, Ms. 
Stabenow, and 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, insert the following:

                      TITLE __--EAGLES ACT OF 2022

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``EAGLES Act of 2022''.

     SEC. __02. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) On February 14, 2018, 17 individuals lost their lives 
     in a senseless and violent attack on Marjory Stoneman Douglas 
     High School in Parkland Florida, a school whose mascot is the 
     eagle.
       (2) These individuals lived lives of warmth, joy, 
     determination, service, and love, and their loss is mourned 
     by the Nation.
       (3) The shooter in that attack exhibited patterns of 
     behavior that were alarming and that should have alerted law 
     enforcement and other Federal, State, and local officials.
       (4) The attack on Marjory Stoneman Douglas High School was 
     preventable.
       (5) Lives were saved because of the brave and exemplary 
     conduct of many students, teachers, and staff at Marjory 
     Stoneman Douglas High School, including several of the 
     victims of the attack.
       (6) The National Threat Assessment Center (referred to in 
     this title as the ``Center'') was established in 1998 to 
     conduct research on various types of targeted violence.
       (7) Studies conducted by the Center on targeted school 
     violence, in particular, have shown that--

[[Page S5813]]

       (A) most incidents were planned in advance;
       (B) the attackers' behavior gave some indication that the 
     individual was planning, or at least contemplating, an 
     attack;
       (C) most attackers had already exhibited a pattern of 
     behavior that was of concern to other people in their lives; 
     and
       (D) prior to the attack, someone associated with the 
     attacker, such as a family member or peer, knew the attack 
     was to likely to occur.
       (8) Through their research, the Center developed the threat 
     assessment model for responding to indicators of targeted 
     violence, which includes a 3-step process--
       (A) identifying individuals who are exhibiting behaviors 
     that indicate they are planning an attack on a school;
       (B) assessing whether the individual poses a threat to the 
     school, based on articulable facts; and
       (C) managing the threat the individual may pose to the 
     school.
       (9) The threat assessment model works most effectively when 
     all the relevant parties, including school officials, local 
     law enforcement, and members of the community, are part of a 
     comprehensive protocol to identify, assess, and manage a 
     potential threat to the school.
       (10) The primary goal of threat assessment programs in 
     schools should be to prevent violent conduct, with an 
     emphasis on early intervention, treatment, and care of 
     individuals exhibiting behaviors associated with targeted 
     violence.
       (11) Early intervention, treatment, and prevention of 
     violent behavior is an effective way to prevent violent 
     conduct that would harm others and necessitate disciplinary 
     action, including criminal penalties.
       (12) The parties involved need the appropriate training and 
     tools to establish the appropriate mechanisms for 
     implementing this type of approach.
       (b) Sense of Congress.--It is the sense of Congress that a 
     fact-based threat assessment approach, involving school 
     officials, local law enforcement, and members of the 
     community, is one of the most effective ways to prevent 
     targeted violence in schools, and is a fitting memorial to 
     those who lost their lives in the February 14, 2018, attack 
     on Marjory Stoneman Douglas High School and those who 
     heroically acted to preserve the lives of their friends, 
     students, and colleagues.

     SEC. __03. REAUTHORIZATION AND EXPANSION OF THE NATIONAL 
                   THREAT ASSESSMENT CENTER OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--Chapter 203 of title 18, United States 
     Code, is amended by inserting after section 3056A the 
     following:

     ``Sec. 3056B. Functions of the National Threat Assessment 
       Center of the United States Secret Service

       ``(a) In General.--There is established a National Threat 
     Assessment Center (in this section referred to as the 
     `Center'), to be operated by the United States Secret 
     Service, at the direction of the Secretary of Homeland 
     Security.
       ``(b) Functions.--The functions of the Center shall include 
     the following:
       ``(1) Training in the area of best practices on threat 
     assessment.
       ``(2) Consultation on complex threat assessment cases or 
     programs.
       ``(3) Research on threat assessment and the prevention of 
     targeted violence, consistent with evidence-based standards 
     and existing laws and regulations.
       ``(4) Facilitation of information sharing on threat 
     assessment and the prevention of targeted violence among 
     agencies with protective or public safety responsibilities, 
     as well as other public or private entities.
       ``(5) Development of evidence-based programs to promote the 
     standardization of Federal, State, and local threat 
     assessments, best practices in investigations involving 
     threats, and the prevention of targeted violence.
       ``(c) Safe School Initiative.--In carrying out the 
     functions described in subsection (b), the Center shall 
     establish a national program on targeted school violence 
     prevention, focusing on the following activities:
       ``(1) Research.--The Center shall--
       ``(A) conduct research into targeted school violence and 
     evidence-based practices in targeted school violence 
     prevention, including school threat assessment; and
       ``(B) publish the findings of the Center on the public 
     website of the United States Secret Service.
       ``(2) Training.--
       ``(A) In general.--The Center shall develop and offer 
     training courses on targeted school violence prevention to 
     agencies with protective or public safety responsibilities 
     and other public or private entities, including local 
     educational agencies.
       ``(B) Plan.--Not later than 1 year after the date of 
     enactment of this section, the Center shall establish a plan 
     to offer its training and other educational resources to 
     public or private entities within each State.
       ``(3) Coordination with other federal agencies.--The Center 
     shall develop research and training programs under this 
     section in coordination with the Department of Justice, the 
     Department of Education, and the Department of Health and 
     Human Services.
       ``(4) Consultation with entities outside the federal 
     government.--The Center is authorized to consult with State 
     and local educational, law enforcement, and mental health 
     officials and private entities in the development of research 
     and training programs under this section.
       ``(5) Interactive website.--The Center may create an 
     interactive website to disseminate information and data on 
     evidence-based practices in targeted school violence 
     prevention.
       ``(d) Hiring of Additional Personnel.--The Director of the 
     United States Secret Service may hire additional personnel to 
     comply with the requirements of this section, which, if the 
     Director exercises that authority, shall include--
       ``(1) at least 1 employee with expertise in child 
     psychological development; and
       ``(2) at least 1 employee with expertise in school threat 
     assessment.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the functions of 
     the Center $10,000,000 for each of fiscal years 2023 through 
     2026.
       ``(f) Report to Congress.--Not later than 2 years after the 
     date of enactment of this section, the Director of the Secret 
     Service shall submit to the Committee on the Judiciary and 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on the Judiciary and the 
     Committee on Education and Labor of the House of 
     Representatives a report on actions taken by the United 
     States Secret Service to implement provisions of this 
     section, which shall include--
       ``(1) the number of employees hired (on a full-time 
     equivalent basis);
       ``(2) the number of individuals in each State trained in 
     threat assessment;
       ``(3) the number of school districts in each State trained 
     in school threat assessment or targeted school violence 
     prevention;
       ``(4) information on Federal, State, and local agencies 
     trained or otherwise assisted by the Center;
       ``(5) a formal evaluation indicating whether the training 
     and other assistance provided by the Center is effective;
       ``(6) a formal evaluation indicating whether the training 
     and other assistance provided by the Center was implemented 
     by the school;
       ``(7) a summary of the Center's research activities and 
     findings; and
       ``(8) a strategic plan for disseminating the Center's 
     educational and training resources to each State.
       ``(g) Definitions.--In this section--
       ``(1) the term `evidence-based' means--
       ``(A) strong evidence from at least 1 well-designed and 
     well-implemented experimental study;
       ``(B) moderate evidence from at least 1 well-designed and 
     well-implemented quasi-experimental study; or
       ``(C) promising evidence from at least 1 well-designed and 
     well-implemented correlational study with statistical 
     controls for selection bias;
       ``(2) the term `local educational agency' has the meaning 
     given that term under section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801); and
       ``(3) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(h) No Funds To Provide Firearms Training.--None of the 
     funds authorized to be appropriated under this section may be 
     used to train any person in the use of a firearm.
       ``(i) No Effect on Other Laws.--Nothing in this section may 
     be construed to preclude or contradict any other provision of 
     law authorizing training in the use of firearms.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 4 of the Presidential Threat Protection Act of 
     2000 (18 U.S.C. 3056 note) is repealed.
       (2) The table of sections for chapter 203 of title 18, 
     United States Code, is amended by inserting after the item 
     relating to section 3056A the following:

``3056B. Functions of the National Threat Assessment Center of the 
              United States Secret Service.''.
                                 ______
                                 
  SA 6302. Mr. GRASSLEY (for himself, Mr. Coons, Mr. Young, Ms. Hassan, 
Mr. Blunt, Mrs. Feinstein, Mr. Brown, Mr. Blumenthal, Mr. Hawley, Mr. 
Kennedy, Ms. Ernst, Mrs. Blackburn, and 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:

     SEC. ____. FIGHTING POST-TRAUMATIC STRESS DISORDER.

       (a) Findings.--Congress finds the following:
       (1) Public safety officers serve their communities with 
     bravery and distinction in order to keep their communities 
     safe.
       (2) Public safety officers, including police officers, 
     firefighters, emergency medical

[[Page S5814]]

     technicians, and 911 dispatchers, are on the front lines of 
     dealing with situations that are stressful, graphic, 
     harrowing, and life-threatening.
       (3) The work of public safety officers puts them at risk 
     for developing post-traumatic stress disorder and acute 
     stress disorder.
       (4) It is estimated that 30 percent of public safety 
     officers develop behavioral health conditions at some point 
     in their lifetimes, including depression and post-traumatic 
     stress disorder, in comparison to 20 percent of the general 
     population that develops such conditions.
       (5) Victims of post-traumatic stress disorder and acute 
     stress disorder are at a higher risk of dying by suicide.
       (6) Firefighters have been reported to have higher suicide 
     attempt and ideation rates than the general population.
       (7) It is estimated that between 125 and 300 police 
     officers die by suicide every year.
       (8) In 2019, pursuant to section 2(b) of the Law 
     Enforcement Mental Health and Wellness Act of 2017 (Public 
     Law 115-113; 131 Stat. 2276), the Director of the Office of 
     Community Oriented Policing Services of the Department of 
     Justice developed a report (referred to in this subsection as 
     the ``LEMHWA report'') that expressed that many law 
     enforcement agencies do not have the capacity or local access 
     to the mental health professionals necessary for treating 
     their law enforcement officers.
       (9) The LEMHWA report recommended methods for establishing 
     remote access or regional mental health check programs at the 
     State or Federal level.
       (10) Individual police and fire departments generally do 
     not have the resources to employ full-time mental health 
     experts who are able to treat public safety officers with 
     state-of-the-art techniques for the purpose of treating job-
     related post-traumatic stress disorder and acute stress 
     disorder.
       (b) Programming for Post-traumatic Stress Disorder.--
       (1) Definitions.--In this subsection:
       (A) Public safety officer.--The term ``public safety 
     officer''--
       (i) has the meaning given the term in section 1204 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10284); and
       (ii) includes Tribal public safety officers.
       (B) Public safety telecommunicator.--The term ``public 
     safety telecommunicator'' means an individual who--
       (i) operates telephone, radio, or other communication 
     systems to receive and communicate requests for emergency 
     assistance at 911 public safety answering points and 
     emergency operations centers;
       (ii) takes information from the public and other sources 
     relating to crimes, threats, disturbances, acts of terrorism, 
     fires, medical emergencies, and other public safety matters; 
     and
       (iii) coordinates and provides information to law 
     enforcement and emergency response personnel.
       (2) Report.--Not later than 150 days after the date of 
     enactment of this Act, the Attorney General, acting through 
     the Director of the Office of Community Oriented Policing 
     Services of the Department of Justice, 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--
       (A) not fewer than 1 proposed program, if the Attorney 
     General determines it appropriate and feasible to do so, to 
     be administered by the Department of Justice for making 
     state-of-the-art treatments or preventative care available to 
     public safety officers and public safety telecommunicators 
     with regard to job-related post-traumatic stress disorder or 
     acute stress disorder by providing public safety officers and 
     public safety telecommunicators access to evidence-based 
     trauma-informed care, peer support, counselor services, and 
     family supports for the purpose of treating or preventing 
     post-traumatic stress disorder or acute stress disorder;
       (B) a draft of any necessary grant conditions required to 
     ensure that confidentiality is afforded to public safety 
     officers on account of seeking the care or services described 
     in subparagraph (A) under the proposed program;
       (C) how each proposed program described in subparagraph (A) 
     could be most efficiently administered throughout the United 
     States at the State, Tribal, territorial, and local levels, 
     taking into account in-person and telehealth capabilities;
       (D) a draft of legislative language necessary to authorize 
     each proposed program described in subparagraph (A); and
       (E) an estimate of the amount of annual appropriations 
     necessary for administering each proposed program described 
     in subparagraph (A).
       (3) Development.--In developing the report required under 
     paragraph (2), the Attorney General shall consult relevant 
     stakeholders, including--
       (A) Federal, State, Tribal, territorial, and local agencies 
     employing public safety officers and public safety 
     telecommunicators; and
       (B) non-governmental organizations, international 
     organizations, academies, or other entities, including 
     organizations that support the interests of public safety 
     officers and public safety telecommunicators and the 
     interests of family members of public safety officers and 
     public safety telecommunicators.
                                 ______
                                 
  SA 6303. Mr. GRASSLEY (for himself and 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 subtitle G of title X, insert 
     the following:

     SEC. 10__. SMART COCAINE SENTENCING.

       (a) Short Title.--This section may be cited as the ``Start 
     Making Adjustments and Require Transparency in Cocaine 
     Sentencing Act'' or the ``SMART Cocaine Sentencing Act''.
       (b) Penalties for Cocaine-related Offenses.--
       (1) In general.--
       (A) Controlled substances act.--Section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
       (i) in subparagraph (A)--

       (I) in clause (ii), in the matter preceding subclause (I), 
     by striking ``5 kilograms'' and inserting ``4 kilograms''; 
     and
       (II) in clause (iii), by striking ``280 grams'' and 
     inserting ``1,600 grams''; and

       (ii) in subparagraph (B)--

       (I) in clause (ii), in the matter preceding subclause (I), 
     by striking ``500 grams'' and inserting ``400 grams''; and
       (II) in clause (iii), by striking ``28 grams'' and 
     inserting ``160 grams''.

       (B) Controlled substances import and export act.--Section 
     1010(b) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)) is amended--
       (i) in paragraph (1)--

       (I) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``5 kilograms'' and inserting ``4 
     kilograms'';
       (II) in subparagraph (C), by striking ``280 grams'' and 
     inserting ``1,600 grams''; and
       (III) in subparagraph (H), by striking the period at the 
     end and inserting a semicolon; and

       (ii) in paragraph (2)--

       (I) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``500 grams'' and inserting ``400 grams'';
       (II) in subparagraph (C), by striking ``28 grams'' and 
     inserting ``160 grams''; and
       (III) in subparagraph (H), by striking the period at the 
     end and inserting a semicolon.

       (2) Attorney general certification.--
       (A) In general.--For a defendant sentenced before the date 
     of enactment of this Act, the Attorney General shall submit 
     to the court that sentenced the defendant a certification 
     regarding whether, in the opinion of the Attorney General, 
     the sentence of the defendant should be reduced, as if the 
     amendments made by paragraph (1) were in effect at the time 
     the offense was committed. In making a certification under 
     this subparagraph, the Attorney General shall consider the 
     factors in section 3553(a) of title 18, United States Code.
       (B) Resentencing.--If the Attorney General submits a 
     certification under subparagraph (A) indicating that, in the 
     opinion of the Attorney General, the sentence of the 
     defendant should be reduced, as if the amendments made by 
     paragraph (1) were in effect at the time the offense was 
     committed, the court that imposed the sentence of the 
     defendant may impose such a reduced sentence.
       (c) Federal Research.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General, in coordination 
     with the Administrator of the Drug Enforcement Administration 
     and the Secretary of Health and Human Services, shall review 
     and submit to the Committee on the Judiciary and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on the Judiciary and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report on--
       (A) the average individual dosage amount of both powder 
     cocaine and cocaine base;
       (B) the lethality of both powder cocaine and cocaine base 
     as measured by individual dosage;
       (C) the impact on lethality that polysubstance use, 
     specifically as to synthetic drugs such as fentanyl and 
     fentanyl-related substances, has on both powder cocaine and 
     cocaine base users;
       (D) the addictiveness of both powder cocaine and cocaine 
     base;
       (E) the violence attributed to or associated with both 
     powder cocaine and cocaine base, which may include but is not 
     limited to, criminal charges, statutory enhancements, 
     criminal history, and recidivism data; and
       (F) the impact on addictiveness that polysubstance use, 
     specifically as to synthetic drugs such as fentanyl and 
     fentanyl-related substances, has on both powder cocaine and 
     cocaine base users.
       (2) Report by united states sentencing commission.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the United States Sentencing 
     Commission shall submit to Congress and publicly issue a 
     report regarding cocaine offenses and offenders.
       (B) Contents.--The report under subparagraph (A) shall 
     include--

[[Page S5815]]

       (i) an analysis of data available to the Commission on 
     Federal cocaine offenses and offenders;
       (ii) an updated description of the forms of cocaine, 
     methods of use, effects, dependency potential, effects of 
     prenatal exposure, and prevalence of cocaine use;
       (iii) an updated description of trends in cocaine 
     trafficking patterns, price, and use;
       (iv) a review of State sentencing policies and an 
     examination of the interaction of State penalties with 
     Federal prosecutorial decisions;
       (v) a review of recent Federal case law developments 
     relating to Federal cocaine sentencing; and
       (vi) recommendations to Congress.
                                 ______
                                 
  SA 6304. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. MODERNIZATION OF NATIONAL SECURITY CRIMES.

       (a) Penalty for Extraterritorial Killing of a United States 
     National for Terrorist Purposes.--Section 2332(a) of title 
     18, United States Code, is amended--
       (1) in paragraph (1), by inserting ``in the first degree'' 
     after ``murder'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) if the killing is murder in the second degree (as 
     defined in section 1111(a)), be fined under this title, 
     punished by imprisonment for any term of years or for life, 
     or both;'';
       (4) in paragraph (3), as so redesignated, by striking ``ten 
     years'' and inserting ``15 years''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``three years'' and inserting ``8 years''.
       (b) Clarifying United States Jurisdiction in Conspiracy 
     Cases.--Section 956 of title 18, United States Code, is 
     amended--
       (1) in subsection (a)(1), by striking ``, within the 
     jurisdiction of the United States,''; and
       (2) in subsection (b), by striking ``, within the 
     jurisdiction of the United States,''.
       (c) Expanding Offense of Hostage Taking Against United 
     States Nationals Abroad.--Section 1203 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting after ``release of the 
     person detained,'' the following: ``or in order to coerce, 
     intimidate, or retaliate against a governmental organization 
     or a civilian population,''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by inserting after ``compelled'' 
     the following: ``, coerced, intimidated, or retaliated 
     against''; and
       (B) in paragraph (2), by inserting after ``compelled'' the 
     following: ``, coerced, intimidated, or retaliated against''.
       (d) Expanding Availability of Supervised Release in 
     Terrorism-related Juvenile Proceedings.--Section 5037(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``may not extend'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (C) by inserting before clause (i), as so redesignated, the 
     following:
       ``(A) except as provided in subparagraph (B), may not 
     extend--'';
       (D) in subparagraph (A), as so designated--
       (i) in clause (i), as so redesignated, by striking ``a term 
     that extends''; and
       (ii) in clause (ii), as so redesignated--

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

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

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

       (ii) in the second sentence--

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

       (iii) in the fourth sentence, by striking ``(i) or 2275'' 
     and inserting ``or (i), 2275, or 2332b(g)(5)(B)''.
       (2) Use of juvenile records.--Section 5038 of title 18, 
     United States Code, is amended--
       (A) in subsection (d), in the first sentence--
       (i) by striking ``or section 1001(a),'' and inserting ``, 
     section 1001(a),''; and
       (ii) by inserting ``or section 2332b(g)(5)(B) of this 
     title,'' after ``Controlled Substances Import and Export 
     Act,''; and
       (B) in subsection (f)--
       (i) by striking ``or section 1001(a),'' and inserting ``, 
     section 1001(a),''; and
       (ii) by inserting ``or section 2332b(g)(5)(B) of this 
     title,'' after ``Controlled Substances Import and Export 
     Act,''.
                                 ______
                                 
  SA 6305. Mr. GRASSLEY (for himself, Mrs. Feinstein, Mr. Shelby, Mr. 
Cornyn, Mr. Tuberville, 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 appropriate place, insert the following:

     SEC. __. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS 
                   INSTITUTE.

       Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 
     383) is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``2017 through 
     2022'' and inserting ``2023 through 2028''; and
       (B) by striking the second sentence;
       (2) by striking subsection (b) and inserting the following:
       ``(b) Functions.--The Institute shall provide information 
     and training to any State, local, Tribal, or territorial law 
     enforcement officer, prosecutor, or judge, any officer or 
     employee of any agency in any branch of the Federal 
     Government, any member of the uniformed services, or any 
     State, local, Tribal, or territorial employee who might 
     reasonably assist in the investigation and prevention of 
     cyber and electronic crime and related threats, on--
       ``(1) cyber and electronic crimes and related threats;
       ``(2) methods for investigating cyber and electronic crime 
     and related threats and conducting computer and mobile device 
     forensic examinations;

[[Page S5816]]

       ``(3) prosecutorial and judicial challenges related to 
     cyber and electronic crime and related threats, and computer 
     and mobile device forensic examinations; and
       ``(4) methods to obtain, process, store, and admit digital 
     evidence in court.'';
       (3) in subsection (c), by striking ``State, local, tribal, 
     and territorial law enforcement officers and prosecutors'' 
     and inserting ``members and partners of the network of Cyber 
     Fraud Task Forces of the United States Secret Service, and, 
     when selecting participants for the training specified in 
     subsection (b), the Institute shall prioritize, to the extent 
     reasonable and practicable, State, local, tribal, and 
     territorial law enforcement officers, prosecutors, judges, 
     and other employees.'';
       (4) in subsection (d), by striking ``State, local, tribal 
     and territorial law enforcement officers'' and inserting 
     ``the individuals listed in subsection (b)'';
       (5) in subsection (e)--
       (A) in the subsection heading, by striking ``electronic 
     crime'' and inserting ``cyber fraud'';
       (B) by striking ``Electronic Crime'' and inserting ``Cyber 
     Fraud''; and
       (C) by striking ``State, local, tribal, and territorial''; 
     and
       (6) by adding at the end the following:
       ``(g) Expenses.--The Director of the United States Secret 
     Service may pay for all or a part of the necessary expenses 
     of the training and information provided by the Institute 
     under subsection (b), including travel, transportation, and 
     subsistence expenses for recipients of the information and 
     training.
       ``(h) Annual Reports to Congress.--
       ``(1) In general.--The Secretary shall include in the 
     annual report required under section 1116 of title 31, United 
     States Code, information regarding the activities of the 
     Institute, including, where possible--
       ``(A) an identification of jurisdictions with recipients of 
     the education and training provided pursuant to subsection 
     (b) during such year;
       ``(B) information relating to the costs associated with 
     that education and training;
       ``(C) any information regarding projected future demand for 
     the education and training provided pursuant to subsection 
     (b);
       ``(D) impacts of the activities of the Institute on the 
     capability of jurisdictions to investigate and prevent 
     cybersecurity incidents, electronic crimes, and related 
     cybersecurity threats;
       ``(E) a description of the nomination process for potential 
     recipients of the information and training provided pursuant 
     to subsection (b); and
       ``(F) any other issues determined to be relevant by the 
     Secretary.
       ``(2) Exception.--Any information required under paragraph 
     (1) that is submitted as part of the annual budget submitted 
     by the President to Congress under section 1105 of title 31, 
     United States Code, is not required to be included in the 
     report described in paragraph (1).''.
                                 ______
                                 
  SA 6306. Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Graham, Mr. 
Leahy, Mr. Blunt, 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. WAR CRIMES.

       Section 2441 of title 18, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Jurisdiction.--There is jurisdiction over an offense 
     described in subsection (a) if--
       ``(1) the offense occurs in whole or in part within the 
     United States; or
       ``(2) regardless of where the offense occurs--
       ``(A) the victim or offender is--
       ``(i) a national of the United States or an alien lawfully 
     admitted for permanent residence; or
       ``(ii) a member of the Armed Forces of the United States, 
     regardless of nationality; or
       ``(B) the offender is present in the United States, 
     regardless of the nationality of the victim or offender.''; 
     and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Certain Limitations.--In the case 
     of an offense described in subsection (a), an indictment may 
     be found or an information may be instituted at any time 
     without limitation.
       ``(f) Certification Requirement.--No prosecution for an 
     offense described in subsection (a) shall be undertaken by 
     the United States except on written certification of the 
     Attorney General or a designee that a prosecution by the 
     United States is in the public interest and necessary to 
     secure substantial justice.''.
                                 ______
                                 
  SA 6307. Mr. INHOFE (for Mr. Rubio (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:

       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 6308. 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 F of title III, add the following:

     SEC. 389. TRIBAL LIAISONS.

       (a) In General.--The Secretary of Defense shall ensure that 
     each installation of the Department of Defense that has an 
     Indian Tribe or Tribal interests in the area surrounding the 
     installation, including if an Indian Tribe is historically or 
     culturally affiliated with the land or water managed or 
     directly impacted by the installation, has a dedicated Tribal 
     liaison located at the installation.
       (b) Civilian Employee.--Each Tribal liaison required under 
     subsection (a) shall be a civilian employee of the Department 
     of Defense.
       (c) Treatment of Certain Installations.--If more than one 
     Armed Force is located at an installation described in 
     subsection (a), the Secretary shall ensure that such 
     installation has a dedicated Tribal liaison for each such 
     Armed Force.
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian Tribe'' has the meaning given that term in section 
     4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304(e)).
                                 ______
                                 
  SA 6309. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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 CONTROLLED SUBSTANCES ACT.

        Section 102 of the Controlled Substances Act (21 U.S.C. 
     802) is amended--
       (1) by redesignating paragraph (58) as paragraph (59);
       (2) by redesignating the second paragraph designated as 
     paragraph (57) (relating to the definition of ``serious drug 
     felony'') as paragraph (58); and
       (3) by moving paragraphs (57), (58) (as so redesignated), 
     and (59) (as so redesignated) 2 ems to the left.
                                 ______
                                 
  SA 6310. Ms. BALDWIN (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 end of subtitle A of title VII, add the following:

[[Page S5817]]

  


     SEC. 706. ELIMINATION OF CERTAIN HEALTH CARE CHARGES FOR 
                   MEMBERS OF THE SELECTED RESERVE.

       (a) TRICARE Reserve Select.--Section 1076d of title 10, 
     United States Code, is amended to read as follows:

     ``Sec. 1076d. TRICARE program: TRICARE Reserve Select 
       coverage for members of the Selected Reserve

       ``(a) Members of Selected Reserve.--
       ``(1) In general.--A member of the Selected Reserve of the 
     Ready Reserve of a reserve component of the armed forces is 
     eligible for health benefits under TRICARE Reserve Select as 
     provided in this section.
       ``(2) Termination of coverage.--Eligibility for TRICARE 
     Reserve Select coverage of a member under this section shall 
     terminate upon the termination of the member's service in the 
     Selected Reserve.
       ``(b) TRICARE Reserve Select Family Coverage.--
       ``(1) In general.--While a member of a reserve component is 
     covered by TRICARE Reserve Select under this section, the 
     members of the immediate family of such member are eligible 
     for TRICARE Reserve Select family coverage as dependents of 
     the member.
       ``(2) Continuation of coverage.--If a member of a reserve 
     component dies while in a period of coverage under this 
     section, the eligibility of the members of the immediate 
     family of such member for TRICARE Reserve Select family 
     coverage shall continue for six months beyond the date of 
     death of the member.
       ``(c) Premiums.--
       ``(1) No premiums for individual coverage.--A member of a 
     reserve component covered by TRICARE Reserve Select 
     individual coverage shall pay no premium for such coverage.
       ``(2) Family coverage.--
       ``(A) In general.--A member of a reserve component covered 
     by TRICARE Reserve Select under this section shall pay a 
     premium for any member of the immediate family of such member 
     covered under TRICARE Reserve Select family coverage. Such 
     premium shall apply instead of any enrollment fees required 
     under section 1075 of this title.
       ``(B) Uniform application.--The Secretary of Defense shall 
     prescribe for the purposes of this section one premium for 
     TRICARE Reserve Select family coverage of immediate family 
     members of members of the reserve components, that shall 
     apply uniformly to all such immediate family members.
       ``(C) Premium amount.--
       ``(i) In general.--The monthly amount of the premium in 
     effect for a month for TRICARE Reserve Select family coverage 
     under this section shall be the amount equal to 28 percent of 
     the total monthly amount determined on an appropriate 
     actuarial basis as being reasonable for that coverage.
       ``(ii) Appropriate actuarial basis.--The appropriate 
     actuarial basis for purposes of clause (i) for each calendar 
     year after calendar year 2009 shall be determined by 
     utilizing the actual cost of providing benefits under this 
     section to dependents of members of the reserve components 
     during the calendar years preceding such calendar year.
       ``(D) Payment of premiums.--
       ``(i) In general.--The premiums for TRICARE Reserve Select 
     family coverage payable by a member of a reserve component 
     under this subsection may be deducted and withheld from basic 
     pay payable to the member under section 204 of title 37 or 
     from compensation payable to the member under section 206 of 
     such title.
       ``(ii) Requirements and procedures.--The Secretary shall 
     prescribe the requirements and procedures applicable to the 
     payment of premiums under this subsection.
       ``(E) Collection of premiums.--Amounts collected as 
     premiums under this subsection shall be credited to the 
     appropriation available for the Defense Health Program 
     Account under section 1100 of this title, shall be merged 
     with sums in such account that are available for the fiscal 
     year in which collected, and shall be available under 
     subsection (b) of such section for such fiscal year.
       ``(d) Cost-sharing Amounts.--
       ``(1) Network individual coverage.--Except as provided in 
     paragraph (2), a beneficiary covered by TRICARE Reserve 
     Select individual coverage shall pay no charge for any health 
     care service to which the beneficiary is entitled pursuant to 
     such coverage.
       ``(2) Out-of-network individual coverage.--With respect to 
     out-of-network health care services, a beneficiary covered by 
     TRICARE Reserve Select individual coverage shall be subject 
     to the same out-of-network cost-sharing requirements as those 
     to which beneficiaries described in section 1075(c)(1) of 
     this title in the active-duty family member category are 
     subject to for the corresponding year.
       ``(3) Family coverage.--A beneficiary covered by TRICARE 
     Reserve Select family coverage shall be subject to the same 
     cost-sharing requirements as those to which beneficiaries 
     described in section 1075(c)(1) of this title in the active-
     duty family member category are subject to for the 
     corresponding year.
       ``(e) Regulations.--The Secretary of Defense, in 
     consultation with the other administering Secretaries, shall 
     prescribe regulations for the administration of this section.
       ``(f) Definitions.--In this section:
       ``(1) The terms `active-duty family member category', 
     `network', and `out-of-network' have the meanings given such 
     terms in section 1075(i) of this title.
       ``(2) The term `immediate family', with respect to a member 
     of a reserve component, means all of the member's dependents 
     described in subparagraphs (A), (D), and (I) of section 
     1072(2) of this title.
       ``(3) The term `TRICARE Reserve Select' means--
       ``(A) medical care, excluding dental care, at facilities of 
     the uniformed services to which a dependent described in 
     section 1076(a)(2) of this title is entitled; and
       ``(B) health benefits under the TRICARE Select self-
     managed, preferred provider network option under section 1075 
     of this title made available to beneficiaries by reason of 
     this section and subject to the cost-sharing requirements set 
     forth in subsection (d).
       ``(4) The term `TRICARE Reserve Select family coverage' 
     means coverage under TRICARE Reserve Select of any members of 
     the immediate family of a member of a reserve component, as 
     described in subsection (b).
       ``(5) The term `TRICARE Reserve Select individual coverage' 
     means coverage under TRICARE Reserve Select of a member of a 
     reserve component, as described in subsection (a).''.
       (b) Conforming Amendments to TRICARE Select.--Paragraph (3) 
     of section 1075(c) of title 10, United States Code, is 
     amended to read as follows:
       ``(3) With respect to beneficiaries in the reserve and 
     young adult category--
       ``(A) for beneficiaries covered by section 1076e or 1110b 
     of this title, the cost-sharing requirements shall be 
     calculated pursuant to subsection (d)(1) as if the 
     beneficiary were in the active-duty family member category or 
     the retired category, as applicable, except that the premiums 
     calculated pursuant to section 1076e or 1110b of this title 
     shall apply instead of any enrollment fee required under this 
     section; and
       ``(B) for beneficiaries covered by section 1076d of this 
     title, the cost-sharing requirements shall be calculated 
     pursuant to subsection (d) of such section.''.
       (c) Applicability.--This section shall apply with respect 
     to the provision of health care under the TRICARE program 
     beginning on the date that is one year after the date of the 
     enactment of this Act.

     SEC. 707. FORMS AND STUDY RELATING TO IMPROVED COVERAGE FOR 
                   MEMBERS OF THE SELECTED RESERVE.

       (a) Forms.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     develop forms to be used by civilian health care providers 
     under the purchased care component of the TRICARE program for 
     medical care for members of the Selected Reserve of the Ready 
     Reserve of a reserve component of the Armed Forces eligible 
     for TRICARE Reserve Select.
       (2) Information to include.--Forms developed under 
     paragraph (1) shall include opportunities for a civilian 
     health care provider to indicate, with respect to a member of 
     the Selected Reserve, the following information:
       (A) Medical Readiness Classification.
       (B) Fitness for deployment.
       (C) Any other information the Secretary determines 
     necessary.
       (b) Study.--
       (1) In general.--The Secretary of Defense shall conduct a 
     study on--
       (A) the phasing out of mass medical events and periodic 
     health assessments for members of the Selected Reserve 
     eligible for TRICARE Reserve Select; and
       (B) the replacement of such events and processes with the 
     new TRICARE Reserve Select coverage model under section 1076d 
     of title 10, United States Code, as amended by section 
     706(a), and the use of forms by civilian health care 
     providers as specified in subsection (a).
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report containing the findings of the study 
     conducted under paragraph (1).
       (c) Definitions.--In this section, the terms ``TRICARE 
     program'' and ``TRICARE Reserve Select'' have the meanings 
     given those terms in section 1072 of title 10, United States 
     Code.
                                 ______
                                 
  SA 6311. 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, insert the following:

     SEC. _____. GRANTS TO COMBAT VIOLENT CRIMES AGAINST NATIVE 
                   HAWAIIAN WOMEN.

       (a) Amendment.--Section 2001(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10441(d)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``or Native 
     Hawaiian'' after ``Indian'';
       (B) in subparagarph (B), by inserting ``or Native 
     Hawaiian'' after ``Indian'';

[[Page S5818]]

       (C) in subparagraph (C), by inserting ``or Native Hawaiian 
     communities'' after ``tribal communities''; and
       (D) in subparagraph (D)--
       (i) by inserting ``or Native Hawaiian communities'' after 
     ``Indian tribes''; and
       (ii) by inserting ``or Native Hawaiian'' after ``against 
     Indian'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)(iii), by inserting ``or Native 
     Hawaiian communities'' after ``Indian tribes''; and
       (B) in subparagraph (B), by inserting ``or Native Hawaiian 
     communities'' after ``Indian tribes''; and
       (3) by adding at the end the following:
       ``(6) Native hawaiian defined.--In this subsection, the 
     term `Native Hawaiian' has the meaning given that term in 
     section 801 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4221).''.
       (b) Technical and Conforming Amendment.--Section 
     40002(a)(42) of the Violence Against Women Act of 1994 (34 
     U.S.C. 12291(a)(42)) is amended--
       (1) in subparagraph (A)--
       (A) by inserting ``or the Native Hawaiian community'' after 
     ``Indian service providers''; and
       (B) by inserting ``or Native Hawaiian'' after ``designed to 
     assist Indian''; and
       (2) in subparagraph (B), in clause (ii), by inserting ``or 
     Native Hawaiian communities'' after ``tribal communities''.
                                 ______
                                 
  SA 6312. Ms. SMITH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. CDFI BOND GUARANTEE PROGRAM.

       (a) Short Title.--This section may be cited as the ``CDFI 
     Bond Guarantee Program Improvement Act of 2022'',
       (b) Sense of Congress.--It is the sense of Congress that 
     the authority to guarantee bonds under section 114A of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4713a) (in this section referred to as the 
     ``CDFI Bond Guarantee Program'') provides community 
     development financial institutions with a sustainable source 
     of long-term capital and furthers the mission of the 
     Community Development Financial Institutions Fund 
     (established under section 104(a) of such Act (12 U.S.C. 
     4703(a)) to increase economic opportunity and promote 
     community development investments for underserved populations 
     and distressed communities in the United States.
       (c) Guarantees for Bonds and Notes Issued for Community or 
     Economic Development Purposes.--Section 114A of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4713a) is amended--
       (1) in subsection (c)(2), by striking ``, multiplied by an 
     amount equal to the outstanding principal balance of issued 
     notes or bonds'';
       (2) in subsection (e)(2)(B), by striking ``$100,000,000'' 
     and inserting ``$25,000,000''; and
       (3) in subsection (k), by striking ``September 30, 2014'' 
     and inserting ``the date that is 4 years after the date of 
     enactment of the CDFI Bond Guarantee Program Improvement Act 
     of 2022''.
       (d) Report on the CDFI Bond Guarantee Program.--Not later 
     than 1 year after the date of enactment of this Act, and not 
     later than 3 years after such date of enactment, the 
     Secretary of the Treasury shall issue a report to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives on the effectiveness of the CDFI Bond 
     Guarantee Program.
                                 ______
                                 
  SA 6313. 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 title XII, add the following:

    Subtitle G--Strengthening International Cybersecurity Engagement

     SEC. 1281. FINDINGS.

       Congress finds the following:
       (1) The stated goal of the United States International 
     Strategy for Cyberspace, launched on May 16, 2011, is to 
     ``work internationally to promote an open, interoperable, 
     secure, and reliable information and communications 
     infrastructure that supports international trade and 
     commerce, strengthens international security, and fosters 
     free expression and innovation in which norms of responsible 
     behavior guide states' actions, sustain partnerships, and 
     support the rule of law in cyberspace.''.
       (2) On April 11, 2017, the 2017 Group of 7 Declaration on 
     Responsible State Behavior in Cyberspace--
       (A) recognized ``the urgent necessity of increased 
     international cooperation to promote security and stability 
     in cyberspace'';
       (B) expressed commitment to ``promoting a strategic 
     framework for conflict prevention, cooperation and stability 
     in cyberspace, consisting of the recognition of the 
     applicability of existing international law to State behavior 
     in cyberspace, the promotion of voluntary, non-binding norms 
     of responsible State behavior during peacetime, and the 
     development and the implementation of practical cyber 
     confidence building measures (CBMs) between States''; and
       (C) reaffirmed that ``the same rights that people have 
     offline must also be protected online''.
       (3) The 2018 National Cyber Strategy states that ``[t]he 
     United States will strive to improve international 
     cooperation in investigating malicious cyber activity, 
     including developing solutions to potential barriers to 
     gathering and sharing evidence'' and ``will promote a 
     framework of responsible state behavior in cyberspace built 
     upon international law, adherence to voluntary non-binding 
     norms of responsible state behavior that apply during 
     peacetime, and the consideration of practical confidence 
     building measures to reduce the risk of conflict stemming 
     from malicious cyber activity''.
       (4) In its May 28, 2021 consensus report, the United 
     Nations Group of Governmental Experts on Advancing 
     Responsible State Behavior in Cyberspace wrote that countries 
     ``should cooperate in developing and applying measures to 
     increase stability and security in the use of ICTs'' and 
     ``respect and protect human rights and fundamental freedoms, 
     both online and offline in accordance with their respective 
     obligations''.
       (5) Emerging technologies, such as artificial intelligence, 
     biotechnology, and quantum computing--
       (A) have profound implications for global cybersecurity;
       (B) are deeply integrated with, and often dependent on, 
     information and communication technologies;
       (C) are exposed to cyber threats and may have cyber 
     vulnerabilities that could cause significant harm, if 
     exploited; and
       (D) can be used both offensively and defensively in 
     cyberspace.

     SEC. 1282. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States and its allies and partners must 
     cooperate to ensure the security and safety of information 
     and communication technologies to ensure global peace and 
     prosperity and protect democratic institutions, norms, and 
     values;
       (2) the United States should engage with adversary nations, 
     as appropriate--
       (A) to define responsible norms of behavior in cyberspace;
       (B) to address nonstate cybersecurity threats; and
       (C) to establish confidence-building measures that reduce 
     the risk of unintended cyber conflict and escalation;
       (3) effective international engagement across cyber issues 
     and stakeholders requires strategic planning, focused 
     leadership, dedicated resources and personnel, and continuous 
     monitoring and evaluation;
       (4) Federal agencies involved in international 
     cybersecurity engagement--
       (A) must ensure that the preconditions described in 
     paragraph (3) are in place; and
       (B) must work with each other to ensure that efforts are 
     consistent, coordinated, and nonduplicative; and
       (5) United States international cybersecurity engagement--
       (A) must draw on the active involvement, expertise, and 
     resources of the private sector and civil society; and
       (B) United States international cybersecurity engagement 
     must account for the cybersecurity implications of novel and 
     emerging technologies.

     SEC. 1283. STATEMENT OF POLICY.

       It shall be the policy of the United States--
       (1) to work internationally to promote an open, 
     interoperable, reliable, and secure internet governed by a 
     multi-stakeholder model that--
       (A) promotes human rights, democracy, and the rule of law;
       (B) respects individual privacy; and
       (C) guards against deception, fraud, and theft;
       (2) to take an active role in international and multi-
     stakeholder fora to strengthen existing norms of responsible 
     behavior of cyberspace, including those set forth in the 2015 
     and 2021 consensus reports of the United Nations Group of 
     Governmental Experts on Advancing Responsible State Behavior 
     in Cyberspace;
       (3) to incorporate, as appropriate, the interests, 
     expertise, and resources of the private sector and civil 
     society into international cybersecurity efforts;
       (4) to help allies and partners boost their own cyber 
     capabilities and resiliency in order to pursue, defend, and 
     protect shared interests and values;
       (5) to support, in collaboration with allies and partners, 
     the innovation, development, and adoption of technologies and 
     technical standards that--

[[Page S5819]]

       (A) improve cybersecurity; and
       (B) sustain a free, open, and secure internet; and
       (6) to coordinate international cybersecurity engagement 
     across the Federal Government to ensure that such efforts are 
     consistent and nonduplicative.

     SEC. 1284. REPORT ON UNITED STATES INTERNATIONAL 
                   CYBERSECURITY EFFORTS.

       (a) Defined Term.--In this section, the term ``national 
     security strategy'' means the national security strategy of 
     the United States required to be transmitted to Congress 
     annually under section 108 of the National Security Act of 
     1947 (50 U.S.C. 3043).
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and every 3 years thereafter, the 
     Secretary of State, in coordination with the National Cyber 
     Director, the Secretary of Defense, the Director of the 
     National Security Agency, the Secretary of Commerce, the 
     Attorney General, the Secretary of Homeland Security, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, and the heads of such other relevant Federal agencies 
     as the Secretary of State considers appropriate, and in 
     consultation with such nongovernmental partners as the 
     Secretary of State considers appropriate, shall--
       (1) review United States strategy, programs, and resources 
     pertaining to international engagement on cybersecurity 
     issues, including relevant diplomatic, foreign assistance, 
     and joint law enforcement initiatives; and
       (2) submit a report to the appropriate congressional 
     committees that contains the findings of the review conducted 
     pursuant to paragraph (1).
       (c) Report Elements.--Each report submitted pursuant to 
     subsection (b)(2) shall indicate--
       (1) whether and to what extent previous and ongoing United 
     States international engagements on cybersecurity-related 
     issues have--
       (A) reduced the frequency and severity of cyberattacks on 
     United States individuals, businesses, governmental agencies, 
     and other organizations;
       (B) reduced cybersecurity risks to United States and allied 
     critical infrastructure;
       (C) deterred and disrupted international cybercrime, 
     including ransomware attacks;
       (D) induced other countries to endorse and uphold 
     international laws, norms, standards, and principles 
     supporting a free, open, and secure internet, including 
     relevant treaties and international agreements;
       (E) improved allies' and partners' cybersecurity 
     capabilities;
       (F) fostered allies' and partners' collaboration with the 
     United States on cybersecurity issues, including information 
     sharing, regulatory coordination and improvement, and joint 
     investigatory and law enforcement operations related to 
     cybercrime;
       (G) disrupted the laundering of cybercrime proceeds and 
     other illicit financial activities related to cybercrime, 
     including activities involving cryptocurrency and related 
     services and exchanges;
       (H) recovered the proceeds of cybercrime; and
       (I) supported the innovation and development of new methods 
     and tools for improving cybersecurity;
       (2) the key ongoing challenges to achieving the objectives 
     described in paragraph (1);
       (3) whether the budgetary resources, technical expertise, 
     legal authorities, and personnel available to the Department 
     of State and other relevant Federal agencies are adequate to 
     achieve the objectives described in paragraph (1);
       (4) whether United States international engagements on 
     cybersecurity-related issues adequately mobilize the private 
     sector and civil society;
       (5) whether the Department of State is properly organized 
     and coordinated with other Federal agencies to achieve the 
     objectives described in paragraphs (1), (3), and (4);
       (6) country-specific strategies for United States 
     international engagement with respect to malign activity in 
     cyberspace by China, Russia, Iran, North Korea, and each 
     country determined to be a state sponsor of international 
     cybercrime; and
       (7) any other matters that the Secretary of State considers 
     relevant.
       (d) Classification and Publication.--Each report required 
     under subsection (b)(2)--
       (1) shall be unclassified, but may include a classified 
     annex; and
       (2) shall be published (without its classified annex, if 
     any) on the public website of the Department of State.
       (e) Interagency Cooperation.--Upon a request from the 
     Secretary of State, the head of a Federal agency, subject to 
     any applicable restrictions under other provisions of law, 
     shall provide full support and cooperation to the Secretary 
     in carrying out this section, including by providing 
     information necessary to prepare the report and strategy 
     required under subsection (b)(2).

     SEC. 1285. ESTABLISHMENT OF CYBERSECURITY ASSISTANCE FUND.

       Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2301 et seq.) is amended by adding at the end the following:

              ``CHAPTER 10--CYBERSECURITY ASSISTANCE FUND

     ``SEC. 591. FINDINGS.

       ``Congress finds the following:
       ``(1) Increasingly digitized and interconnected social, 
     political, and economic systems have introduced new 
     vulnerabilities for malicious actors to exploit, which 
     threatens economic and national security.
       ``(2) The rapid development, deployment, and integration of 
     information and communication technologies into all aspects 
     of modern life bring mounting risks of accidents and 
     malicious activity involving such technologies, and their 
     potential consequences.
       ``(3) Because information and communication technologies 
     are globally manufactured, traded, and networked, the 
     economic and national security of the United State depends 
     greatly on cybersecurity developments and practices in other 
     countries.
       ``(4) United States assistance to countries and 
     international organizations to bolster civilian cybersecurity 
     capacity can help--
       ``(A) reduce vulnerability in the information and 
     communication technologies ecosystem; and
       ``(B) advance national and economic security objectives.

     ``SEC. 592. AUTHORIZATION OF ASSISTANCE FOR CYBERSECURITY 
                   CAPACITY BUILDING.

       ``(a) Authorization.--The Secretary of State is authorized 
     to provide assistance to foreign governments and 
     organizations, including national and regional institutions, 
     on such terms and conditions as the Secretary may determine, 
     in order to build the cybersecurity capacity of partner 
     countries and organizations.
       ``(b) Scope of Assistance.--Assistance under this section 
     may include--
       ``(1) support for the development of national strategies to 
     enhance cybersecurity;
       ``(2) programs to enhance government-industry collaboration 
     to manage cybersecurity risks and share cybersecurity 
     knowledge;
       ``(3) expertise on the revision and enactment of criminal 
     laws, policies, and procedures related to cybersecurity 
     threats;
       ``(4) support for the development of cybersecurity watch, 
     warning, response, and recovery capabilities, including 
     through the development of cybersecurity incident response 
     teams;
       ``(5) programs to strengthen the government's capacity to 
     detect, investigate, deter, and prosecute cybercrimes;
       ``(6) programs to build a culture of cybersecurity, 
     increasing awareness of citizenry and industry of their 
     critical role in cybersecurity;
       ``(7) programs to enhance cybersecurity workforce 
     development;
       ``(8) support for the development and use of globally 
     relevant information and communication technologies security 
     standards endorsed by bodies that are transparent and invite 
     multi-stakeholder engagement;
       ``(9) programs to provide information and resources to 
     diplomats engaging in discussions and negotiations around 
     international law, norms, and capacity building measures 
     related to cybersecurity;
       ``(10) support for multilateral, intergovernmental, and 
     nongovernmental efforts to coordinate cybersecurity capacity 
     building efforts internationally;
       ``(11) programs that enhance the ability of relevant 
     stakeholders to act collectively against shared cybersecurity 
     threats;
       ``(12) support for collaboration with the Cybersecurity and 
     Infrastructure Security Agency and other relevant Federal 
     agencies to enhance cybersecurity;
       ``(13) programs addressing emerging issues relevant to 
     cybersecurity, including security, safety, and resilience 
     concerns related to artificial intelligence, biotechnology, 
     autonomous systems, and other emerging technological domains; 
     and
       ``(14) such other functions in furtherance of this chapter, 
     as determined by the Secretary of State.
       ``(c) Responsibility for Policy Decisions and 
     Justification.--The Secretary of State, or a designated 
     Senate-confirmed official of the Department of State, shall 
     be responsible for policy decisions and justifications for 
     cybersecurity capacity support programs under this chapter, 
     including determinations of--
       ``(1) whether there will be a cybersecurity support program 
     for a country or organization; and
       ``(2) the amount of funds for each country or organization.
       ``(d) Detailed Justification for Uses and Purposes of 
     Funds.--As part of the presentation materials for foreign 
     assistance submitted annually to Congress, the Secretary of 
     State or the Secretary's designee shall provide a detailed 
     justification for the uses and purposes of the amounts 
     provided under this chapter, including information 
     concerning--
       ``(1) the amounts and kinds of cash grant transfers;
       ``(2) the amounts and kinds of budgetary and balance-of-
     payments support provided; and
       ``(3) the amounts and kinds of project assistance provided 
     with such amounts.
       ``(e) Assistance Under Other Authorities.--The authority 
     granted under this section to provide assistance for 
     cybersecurity capacity building in countries and 
     organizations does not preclude the use of other authorities 
     also available for such purpose.
       ``(f) Availability of Funds.--Amounts appropriated to carry 
     out this chapter shall be available for--
       ``(1) civilian cybersecurity programs; and
       ``(2) supporting military organizations if--

[[Page S5820]]

       ``(A) such organizations are responsible for civilian 
     cybersecurity in their respective countries; and
       ``(B) such amounts are directed only toward the civilian 
     cybersecurity activities of such organizations.
       ``(g) Notification Requirements.--Funds may not be 
     obligated for assistance under this section unless the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     are each notified in writing of the amount and nature of the 
     proposed assistance not later than 15 days before making such 
     funds available for assistance.

     ``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.

       ``(a) In General.--The Secretary of State, in consultation 
     with other relevant Federal departments and agencies, 
     including the Department of Defense, the Department of 
     Justice, the Department of Homeland Security, the Department 
     of Commerce, and the Department of Treasury, shall conduct a 
     review that--
       ``(1) analyzes the Department of State's capacity to 
     promptly and effectively deliver emergency support to 
     countries experiencing major cybersecurity incidents;
       ``(2) identifies relevant legal, institutional, and 
     resource constraints preventing the support referred to in 
     paragraph (1); and
       ``(3) develops a plan for resolve such constraints.
       ``(b) Report.--Not later than 1 year after the date of the 
     enactment of the International Cybercrime Response Act of 
     2022, the Secretary of State shall submit a report to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives that contains 
     the results of the review conducted pursuant to subsection 
     (a).

     ``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated $150,000,000, 
     during the 5-year period beginning on October 1, 2022, to 
     carry out the purposes of this chapter.''.

     SEC. 1286. ASSESSMENT, MONITORING, AND EVALUATION OF 
                   CYBERSECURITY CAPACITY BUILDING ASSISTANCE.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of State shall--
       (1) develop an assessment, monitoring, and evaluation 
     program for cybersecurity capacity building assistance 
     provided by the Department of State to countries and 
     organizations, including assistance provided pursuant to 
     chapter 10 of part II of the Foreign Assistance Act of 1961, 
     as added by section 1285; and
       (2) provide a briefing to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives regarding the program 
     developed pursuant to paragraph (1).
       (b) Elements.--The program developed pursuant to subsection 
     (a)(1) shall include--
       (1) maintaining a complete list of every cybersecurity 
     capacity building assistance project of the Department of 
     State that has a total budget in excess of $100,000;
       (2) regularly evaluating the efficacy and efficiency of 
     cybersecurity capacity building assistance, including--
       (A) assessing the overall efficacy and efficiency of the 
     Department of State's cybersecurity capacity building 
     assistance efforts, including whether such efforts are--
       (i) appropriately prioritized across different geographies, 
     recipient organizations, and cybersecurity activities;
       (ii) aligned with other Department of State and United 
     States cybersecurity initiatives;
       (iii) adequately informed by, and integrated with, relevant 
     cybersecurity efforts in the private sector and civil 
     society;
       (iv) coordinated with other Federal agencies engaged in 
     international cybersecurity activities, including the 
     Department of Defense, the Department of Homeland Security, 
     the Cybersecurity and Infrastructure Security Agency, and the 
     Department of Commerce; and
       (v) duplicative of other public or private sector 
     initiatives;
       (B) defining measurable project-level evaluation criteria;
       (C) individually assessing every project referred to in 
     paragraph (1) against the criteria defined pursuant to 
     subparagraph (B), as applicable; and
       (D) identifying relevant human rights and civil liberties 
     concerns pertaining to each project referred to in paragraph 
     (1), and assessing whether and how such concerns have been 
     addressed; and
       (3) identifying the lessons learned in carrying out 
     cybersecurity capacity building assistance and 
     recommendations for improving future assistance.
       (c) Oversight.--The Secretary of State shall designate a 
     senior official of the Department of State to lead, in 
     coordination with relevant regional and functional bureaus, 
     the ongoing implementation of the program developed pursuant 
     to subsection (a)(1).
       (d) GAO Report.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States Government Accountability Office shall--
       (1) evaluate the capacity of Department of State 
     cybersecurity capacity building assistance to achieve desired 
     outcomes in accordance with the framework described in 
     subsection (b); and
       (2) publish a report containing the results of the 
     evaluation conducted pursuant to paragraph (1).
                                 ______
                                 
  SA 6314. Mrs. SHAHEEN (for herself, Mr. Romney, Mr. Wicker, Mr. 
Blumenthal, Mr. Cornyn, Mr. Tillis, Mr. Durbin, Mr. King, Mr. Cardin, 
Mr. Portman, 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 title XII, add the following:

                     Subtitle G--Black Sea Security

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Black Sea Security Act 
     of 2022''.

     SEC. 1282. SENSE OF CONGRESS ON BLACK SEA SECURITY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the interest of the United States to prevent 
     the spread of further armed conflict in Europe by recognizing 
     the Black Sea region as an arena of Russian aggression;
       (2) littoral states of the Black Sea are critical in 
     countering aggression by the Government of the Russian 
     Federation and contributing to the collective security of 
     NATO;
       (3) the repeated, illegal, unprovoked, and violent attempts 
     of the Russian Federation to expand its territory and control 
     access to the Mediterranean through the Black Sea constitutes 
     a threat to the national security of the United States and 
     NATO;
       (4) the United States condemns attempts by the Russian 
     Federation to change or alter boundaries in the Black Sea 
     region by force or any means contrary to international law 
     and to impose a sphere of influence across the region;
       (5) the United States and its allies should robustly 
     counter Russia's purported territorial claims on the Crimean 
     Peninsula, along Ukraine's territorial waters in the Black 
     Sea and the Sea of Azov, in the Black Sea's international 
     waters, and in the territories it is illegally occupying in 
     Ukraine;
       (6) the United States should continue to work within NATO 
     and with NATO Allies to develop a long-term strategy to 
     enhance security, establish a permanent, sustainable presence 
     in the eastern flank, and bolster the democratic resilience 
     of its allies and partners in the region;
       (7) the United States should also work with the European 
     Union in coordinating a strategy to support democratic 
     initiatives and economic prosperity in the region, which 
     includes two European Union members and four European Union 
     aspirant nations;
       (8) the United States should explore efforts to rebuild 
     trust and bilateral relations with Turkey, a key NATO Ally in 
     the Black Sea region and a bulwark against Iran;
       (9) it is in the interest of the United States that NATO 
     adopt a robust strategy toward the Black Sea, including by 
     working with interested partner countries in the region to 
     advance common security objectives;
       (10) the United States should work to foster dialogue among 
     countries within the Black Sea region to improve 
     communication and intelligence sharing and increase cyber 
     defense capabilities;
       (11) countries with historic and economic ties to Russia 
     are looking to the United States and Europe to provide a 
     positive economic presence in the broader region as a 
     counterbalance to the Russian Federation's malign influence 
     in the region;
       (12) it is in the interest of the United States to support 
     and bolster the economic ties between the United States and 
     Black Sea partners;
       (13) the United States should support the initiative 
     undertaken by central and eastern European states to advance 
     the Three Seas Initiative Fund to strengthen transport, 
     energy, and digital infrastructure connectivity in the region 
     between the Adriatic Sea, Baltic Sea, and Black Sea;
       (14) there are mutually beneficial opportunities for 
     increased investment and economic expansion, particularly on 
     energy, climate, and transport infrastructure initiatives, 
     between the United States and Black Sea states and the 
     broader region;
       (15) improved economic ties between the United States and 
     the Black Sea states and the broader region can lead to a 
     strengthened strategic partnership;
       (16) the United States must seek to address the food 
     security challenges arising from closure of Ukraine's Black 
     Sea ports, as this global challenge will have critical 
     national security implications for the United States, our 
     partners, and allies;
       (17) Russia has a brutal history of using hunger as a 
     weapon and must be stopped; and
       (18) countering the PRC's coercive economic pursuits 
     remains an important policy imperative in order to further 
     integrate the Black Sea countries into western economies and 
     improve regional stability.

     SEC. 1283. UNITED STATES POLICY.

       It is the policy of the United States to--
       (1) actively deter the threat of Russia's further 
     escalation in the Black Sea region

[[Page S5821]]

     and defend freedom of navigation in the Black Sea to prevent 
     the spread of further armed conflict in Europe;
       (2) advocate within NATO, among NATO Allies, and within the 
     European Union to develop a long-term coordinated strategy to 
     enhance security, establish a permanent, sustainable presence 
     in the eastern flank, and bolster the democratic resilience 
     of United States allies and partners in the region;
       (3) support and bolster the economic ties between the 
     United States and Black Sea partners and mobilize the 
     Department of State and other relevant Federal departments 
     and agencies by enhancing the United States presence and 
     investment in Black Sea countries;
       (4) provide economic alternatives to the PRC's coercive 
     economic options that destabilize and further erode economic 
     integration of the Black Sea littoral states;
       (5) ensure that the United States continues to support 
     Black Sea countries to strengthen their democratic 
     institutions to prevent corruption and accelerate their 
     advancement into the Euroatlantic community; and
       (6) encourage the initiative undertaken by central and 
     eastern European states to advance the Three Seas Initiative 
     to strengthen transport, energy, and digital infrastructure 
     connectivity in the region between the Adriatic Sea, Baltic 
     Sea, and Black Sea.

     SEC. 1284. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.

       (a) Black Sea Development and Security Strategy.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the National Security Council, in coordination with the 
     Department of State and other relevant Federal departments 
     and agencies, is authorized to direct an interagency strategy 
     to increase military assistance and coordination with NATO 
     and the European Union, deepen economic ties, strengthen 
     economic and energy security and enhance security assistance 
     with Black Sea countries, and support efforts to bolster 
     their democratic resilience.
       (b) Purpose and Objectives.--The initiative established 
     under subsection (a) shall have the following goals and 
     objectives:
       (1) Ensuring the efficient and effective delivery of 
     security assistance to Black Sea states, prioritizing 
     assistance that will bolster defenses against hybrid warfare 
     and improve interoperability with NATO forces.
       (2) Bolstering United States support for the region's 
     energy security and integration with Europe and reducing 
     their dependence on Russia while supporting energy 
     diversification.
       (3) Mitigating the impact of economic coercion by the 
     Russian Federation and the PRC on Black Sea states and 
     identifying new opportunities for foreign direct investment 
     from the United States and cooperating countries and the 
     enhancement of United States business ties.
       (4) Increasing high-level engagement between the United 
     States and the Black Sea states, and reinforcing economic 
     growth, financing quality infrastructure, and reinforcing 
     trade with a focus on improving high-level economic 
     cooperation.
       (5) Increasing United States coordination with the European 
     Union and NATO to maximize effectiveness and minimize 
     duplication.
       (c) Activities.--
       (1) Security.--The strategy established under subsection 
     (a) shall include the following elements related to security:
       (A) A plan to increase interagency coordination on the 
     Black Sea region.
       (B) A strategy for--
       (i) the United States to increase NATO's presence and 
     capabilities in the Black Sea region, including land, sea, 
     and air forces; or
       (ii) a United States-led initiative with NATO member states 
     to increase coordination, presence, and regional engagement 
     among Black Sea countries.
       (C) A strategy to increase military assistance toward Black 
     Sea countries, particularly Ukraine, Romania, Bulgaria, 
     Moldova, and Georgia.
       (D) Prioritization of intelligence, surveillance, and 
     reconnaissance systems to monitor Russia's operations in the 
     Black Sea region, as well as upgrading from air policing to 
     air defense missions.
       (E) An assessment of the value of establishing a joint, 
     multinational three-star headquarters on the Black Sea, 
     responsible for planning, readiness, exercises, and 
     coordination of all Allied and partner military activity in 
     the greater Black Sea region.
       (F) An overview of Foreign Military Financing, 
     International Military Education and Training, and other 
     United States security assistance to the region.
       (G) A plan for communicating the changes to NATO posture to 
     the public in allied and partner countries, as well as in the 
     Russian Federation and Belarus.
       (H) A plan for combating Russian disinformation and 
     propaganda in the Black Sea region, utilizing the resources 
     of the United States Government, including the Global 
     Engagement Center.
       (I) A plan to promote greater freedom of navigation, 
     working primarily with Turkey, Ukraine, Romania, and Bulgaria 
     to allow for greater security and economic Black Sea access.
       (2) Economic prosperity.--The strategy established under 
     subsection (a) shall include the following elements related 
     to economic prosperity:
       (A) A strategy to foster dialogue between experts from the 
     United States and from the Black Sea states on economic 
     expansion, foreign direct investment, strengthening rule of 
     law initiatives, and mitigating economic coercion by Russia 
     and the PRC.
       (B) A strategy for all the relevant Federal departments and 
     agencies that contribute to United States economic statecraft 
     to expand their presence and identify new opportunities for 
     private investment in Black Sea states.
       (C) Assessments on energy diversification, focusing on the 
     immediate need to replace energy supplies from Russia, and 
     recognize the long-term importance of broader energy 
     diversification, including clean energy initiatives.
       (D) Assessments of potential food security solutions.
       (3) Democratic resilience.--The strategy established under 
     subsection (a) shall include the following elements related 
     to democratic resilience:
       (A) A strategy to increase independent media and United 
     States-supported media initiatives to combat foreign malign 
     influence in the Black Sea region.
       (B) Greater mobilization of initiatives spearheaded by the 
     Global Engagement Center and the United States Agency for 
     International Development to counter Russian propaganda and 
     disinformation in the Black Sea region.
       (4) Regional connectivity.--The strategy established under 
     subsection (a) shall promote regional connectivity by sending 
     high-level representatives of the Department of State or 
     other agency partners to--
       (A) the Black Sea region not less frequently than twice a 
     year; and
       (B) major regional fora on infrastructure and energy 
     security, including the Three Seas Initiative Summit.
       (d) Identification of Necessary Programs and Resources.--No 
     later than 360 days after the date of the enactment of this 
     Act, the interagency shall identify any necessary program, 
     policy, or budgetary resources required, by agency, to 
     support implementation of the Black Sea Security Strategy for 
     fiscal years 2024, 2025, and 2026.
       (e) Responsibilities of Federal Departments and Agencies.--
     Nothing under this section shall be deemed to authorize the 
     National Security Council to assume any of the 
     responsibilities or authorities of the head of any Federal 
     department, agency, or office, including the foreign affairs 
     responsibilities and authorities of the Secretary of State, 
     to oversee the implementation of programs and policies under 
     this section.

     SEC. 1285. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Black sea states.--The term ``Black Sea states'' means 
     Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia.
       (3) Three seas initiative investment fund countries.-- The 
     term ``Three Seas Initiative Investment Fund countries'' 
     means Estonia, Latvia, Lithuania, Poland, the Czech Republic, 
     Slovakia, Hungary, Slovenia, Austria, Croatia, Romania, and 
     Bulgaria.
                                 ______
                                 
  SA 6315. Mrs. SHAHEEN (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 end of title XII, add the following:

                    Subtitle G--FENTANYL Results Act

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Fighting Emerging 
     Narcotics Through Additional Nations to Yield Lasting Results 
     Act'' or the ``FENTANYL Results Act''.

     SEC. 1282. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF 
                   STATE TO COMBAT INTERNATIONAL TRAFFICKING IN 
                   COVERED SYNTHETIC DRUGS.

       (a) In General.--The Secretary of State shall prioritize 
     efforts of the Department of State to combat international 
     trafficking of covered synthetic drugs by carrying out 
     programs and activities to include the following:
       (1) Supporting increased data collection by the United 
     States and foreign countries through increased drug use 
     surveys among populations, increased use of wastewater 
     testing where appropriate, and multilateral sharing of that 
     data.
       (2) Engaging in increased consultation and partnership with 
     international drug agencies, including the European 
     Monitoring Centre for Drugs and Drug Addiction, regulatory 
     agencies in foreign countries, and the United Nations Office 
     on Drugs and Crime.
       (3) Carrying out programs to provide technical assistance 
     and equipment, as appropriate, to strengthen the capacity of 
     foreign

[[Page S5822]]

     law enforcement agencies with respect to covered synthetic 
     drugs, as required by section 1283.
       (4) Carrying out exchange programs for governmental and 
     nongovernmental personnel in the United States and in foreign 
     countries to provide educational and professional development 
     on demand reduction matters relating to the illicit use of 
     covered synthetic drugs and other drugs, as required by 
     section 1284.
       (b) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on the implementation of this section.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 1283. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE 
                   CAPACITY OF FOREIGN LAW ENFORCEMENT AGENCIES 
                   WITH RESPECT TO COVERED SYNTHETIC DRUGS.

       (a) In General.--Notwithstanding section 660 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of 
     State shall establish a program to provide assistance to 
     strengthen the capacity of law enforcement agencies of the 
     countries described in subsection (c) to help such agencies 
     to identify, track, and improve their forensics detection 
     capabilities with respect to covered synthetic drugs.
       (b) Priority.--The Secretary of State shall prioritize 
     technical assistance, and the provision of equipment, as 
     appropriate, under subsection (a) among those countries 
     described in subsection (c) in which such assistance and 
     equipment would have the most impact in reducing illicit use 
     of covered synthetic drugs in the United States.
       (c) Countries Described.--The foreign countries described 
     in this subsection are--
       (1) countries that are producers of covered synthetic 
     drugs;
       (2) countries whose pharmaceutical and chemical industries 
     are known to be exploited for development or procurement of 
     precursors of covered synthetic drugs; or
       (3) major drug-transit countries for covered synthetic 
     drugs as defined by the Secretary of State.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State to carry out 
     this section $4,000,000 for each of fiscal years 2023 through 
     2027. Such amounts shall be in addition to amounts otherwise 
     available for such purposes.

     SEC. 1284. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS 
                   RELATING TO ILLICIT USE OF COVERED SYNTHETIC 
                   DRUGS.

       (a) In General.--The Secretary of State shall establish or 
     continue and strengthen, as appropriate, an exchange program 
     for governmental and nongovernmental personnel in the United 
     States and in foreign countries to provide educational and 
     professional development on demand reduction matters relating 
     to the illicit use of covered synthetic drugs and other 
     drugs.
       (b) Program Requirements.--The program required by 
     subsection (a)--
       (1) shall be limited to individuals who have expertise and 
     experience in matters described in subsection (a);
       (2) in the case of inbound exchanges, may be carried out as 
     part of exchange programs and international visitor programs 
     administered by the Bureau of Educational and Cultural 
     Affairs of the Department of State, including the 
     International Visitor Leadership Program, in coordination 
     with the Bureau of International Narcotics and Law 
     Enforcement Affairs; and
       (3) shall include outbound exchanges for governmental or 
     nongovernmental personnel in the United States.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State to carry out 
     this section $1,000,000 for each of fiscal years 2023 through 
     2027. Such amounts shall be in addition to amounts otherwise 
     available for such purposes.

     SEC. 1285. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL 
                   PROGRAM.

       (a) International Narcotics Control Strategy Report.--
     Section 489(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)) is amended--
       (1) by redesignating the second paragraph (10) as paragraph 
     (11); and
       (2) by adding at the end the following:
       ``(12) Covered synthetic drugs and new psychoactive 
     substances.--
       ``(A) Covered synthetic drugs.--Information that contains 
     an assessment of the countries significantly involved in the 
     manufacture, production, transshipment, or trafficking of 
     covered synthetic drugs, to include the following:
       ``(i) The scale of legal domestic production and any 
     available information on the number of manufacturers and 
     producers of such drugs in such countries.
       ``(ii) Information on any law enforcement assessments of 
     the scale of illegal production of such drugs, including a 
     description of the capacity of illegal laboratories to 
     produce such drugs.
       ``(iii) The types of inputs used and a description of the 
     primary methods of synthesis employed by illegal producers of 
     such drugs.
       ``(iv) An assessment of the policies of such countries to 
     regulate licit manufacture and interdict illicit manufacture, 
     diversion, distribution, shipment, and trafficking of such 
     drugs and an assessment of the effectiveness of the policies' 
     implementation.
       ``(B) New psychoactive substances.--Information on, to the 
     extent practicable, any policies of responding to new 
     psychoactive substances, to include the following:
       ``(i) Which governments have articulated policies on 
     scheduling of such substances.
       ``(ii) Any data on impacts of such policies and other 
     responses to such substances.
       ``(iii) An assessment of any policies the United States 
     could adopt to improve its response to new psychoactive 
     substances.
       ``(C) Definitions.--In this paragraph, the terms `covered 
     synthetic drug' and `new psychoactive substance' have the 
     meaning given those terms in section 1287 of the FENTANYL 
     Results Act.''.
       (b) Definition of Major Illicit Drug Producing Country.--
     Section 481(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (C), by striking ``; or'' and inserting 
     a semicolon;
       (B) in subparagraph (D), by striking the semicolon at the 
     end and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) that is a significant direct source of covered 
     synthetic drugs or psychotropic drugs or other controlled 
     substances, including precursor chemicals when those 
     chemicals are used in the production of such drugs and 
     substances, significantly affecting the United States;'';
       (2) by amending paragraph (5) to read as follows:
       ``(5) the term `major drug-transit country' means a country 
     through which are transported covered synthetic drugs or 
     psychotropic drugs or other controlled substances 
     significantly affecting the United States;'';
       (3) in paragraph (7), by striking ``; and'' and inserting a 
     semicolon;
       (4) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (5) by adding at the end the following:
       ``(9) the term `covered synthetic drug' has the meaning 
     given that term in section 1287 of the FENTANYL Results 
     Act.''.

     SEC. 1286. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should direct the United States 
     Representative to the United Nations to use the voice, vote, 
     and influence of the United States at the United Nations to 
     advocate for more transparent assessments of countries by the 
     International Narcotics Control Board; and
       (2) bilateral, plurilateral, and multilateral international 
     cooperation is essential to combating the trafficking of 
     covered synthetic drugs.

     SEC. 1287. DEFINITIONS.

       In this subtitle:
       (1) Covered synthetic drug.--The term ``covered synthetic 
     drug'' means--
       (A) a synthetic controlled substance (as defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), 
     including fentanyl or a fentanyl analogue; or
       (B) a new psychoactive substance.
       (2) New psychoactive substance.--The term ``new 
     psychoactive substance'' means a substance of abuse, or any 
     preparation thereof, that--
       (A) is not--
       (i) included in any schedule as a controlled substance 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.); 
     or
       (ii) controlled by the Single Convention on Narcotic Drugs, 
     done at New York March 30, 1961, or the Convention on 
     Psychotropic Substances, done at Vienna February 21, 1971;
       (B) is new or has reemerged on the illicit market; and
       (C) poses a threat to the public health and safety.
                                 ______
                                 
  SA 6316. 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. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE 
                   PROGRAM.

       (a) Pharmacy Benefits Program.--Section 1074g(a)(6) of 
     title 10, United States Code, is amended by adding at the end 
     the following new subparagraph:
       ``(D) Notwithstanding subparagraphs (A), (B), and (C), 
     cost-sharing requirements may not be imposed and cost-sharing 
     amounts may not be collected with respect to any eligible 
     covered beneficiary for any prescription contraceptive on the 
     uniform formulary provided through a retail pharmacy 
     described in paragraph (2)(E)(ii) or through the national 
     mail-order pharmacy program.''.

[[Page S5823]]

       (b) TRICARE Select.--Section 1075 of such title is 
     amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4)(A) Notwithstanding any other provision of this 
     section, cost-sharing requirements may not be imposed and 
     cost-sharing amounts may not be collected with respect to any 
     beneficiary under this section for a service described in 
     subparagraph (B) that is provided by a network provider.
       ``(B) A service described in this subparagraph is any 
     method of contraception approved by the Food and Drug 
     Administration, any contraceptive care (including with 
     respect to insertion, removal, and follow up), any 
     sterilization procedure, or any patient education or 
     counseling service provided in connection with any such 
     method, care, or procedure.''; and
       (2) in subsection (f), by striking ``calculated as'' and 
     inserting ``calculated (except as provided in subsection 
     (c)(4)) as''.
       (c) TRICARE Prime.--Section 1075a of such title is amended 
     by adding at the end the following new subsection:
       ``(d) Prohibition on Cost-sharing for Certain Services.--
     (1) Notwithstanding subsections (a), (b), and (c), cost-
     sharing requirements may not be imposed and cost-sharing 
     amounts may not be collected with respect to any beneficiary 
     enrolled in TRICARE Prime for a service described in 
     paragraph (2) that is provided under TRICARE Prime.
       ``(2) A service described in this paragraph is any method 
     of contraception approved by the Food and Drug 
     Administration, any contraceptive care (including with 
     respect to insertion, removal, and follow up), any 
     sterilization procedure, or any patient education or 
     counseling service provided in connection with any such 
     method, care, or procedure.''.
                                 ______
                                 
  SA 6317. Mr. MANCHIN (for himself, Mr. Lujan, and Mrs. Capito) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to 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. __. AMOUNTS FOR NEXT GENERATION RADAR AND RADIO 
                   ASTRONOMY IMPROVEMENTS AND RELATED ACTIVITIES.

       There are authorized to be appropriated to the National 
     Science Foundation, $176,000,000 for the period of fiscal 
     years 2023 through 2025 for the design, development, 
     prototyping, or mid-scale upgrades of next generation radar 
     and radio astronomy improvements and related activities under 
     section 14 of the National Science Foundation Authorization 
     Act of 2002 (42 U.S.C. 1862n-4).
                                 ______
                                 
  SA 6318. Mr. MANCHIN (for himself, Mr. Lujan, and Mrs. Capito) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to 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. __. AMOUNTS FOR NEXT GENERATION RADAR AND RADIO 
                   ASTRONOMY IMPROVEMENTS AND RELATED ACTIVITIES.

       There are authorized to be appropriated to the National 
     Science Foundation, $176,000,000 for the period of fiscal 
     years 2023 through 2025 for the design, development, 
     prototyping, or mid-scale upgrades of next generation radar 
     and radio astronomy improvements and related activities under 
     section 14 of the National Science Foundation Authorization 
     Act of 2002 (42 U.S.C. 1862n-4).
                                 ______
                                 
  SA 6319. 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 end of title X, add the following:

             Subtitle H--Reporting Suspicious Transmissions

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``See Something, Say 
     Something Online Act of 2022''.

     SEC. 1082. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) section 230 of the Communications Act of 1934 (47 
     U.S.C. 230) (commonly known as the ``Communications Decency 
     Act of 1996'') was never intended to provide legal protection 
     for websites or interactive computer service providers that 
     do nothing after becoming aware of instances of individuals 
     or groups planning, committing, promoting, and facilitating 
     terrorism, serious drug offenses, and violent crimes;
       (2) it is not the intent of this subtitle to remove or 
     strip all liability protection from websites or interactive 
     computer service providers that are proactively working to 
     resolve these issues; and
       (3) should websites or interactive computer service 
     providers fail to exercise due care in the implementation, 
     filing of the suspicious transmission activity reports, and 
     reporting of major crimes, Congress intends to look at 
     removing liability protections under the Communications 
     Decency Act of 1996 in its entirety.

     SEC. 1083. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Justice.
       (2) Interactive computer service.--The term ``interactive 
     computer service'' has the meaning given the term in section 
     230 of the Communications Act of 1934 (47 U.S.C. 230).
       (3) Known suspicious transmission.--The term ``known 
     suspicious transmission'' means any suspicious transmission 
     that a provider of an interactive computer service--
       (A) should have reasonably known to have occurred; or
       (B) was notified of by a director, officer, employee, 
     agent, interactive computer service user, or State or Federal 
     law enforcement agency.
       (4) Major crime.--The term ``major crime'' means a Federal 
     criminal offense--
       (A) that is a crime of violence (as defined in section 16 
     of title 18, United States Code);
       (B) relating to domestic or international terrorism (as 
     those terms are defined in section 2331 of title 18, United 
     States Code); or
       (C) that is a serious drug offense (as defined in section 
     924(e) of title 18, United States Code).
       (5) STAR.--The term ``STAR'' means a suspicious 
     transmission activity report required to be submitted under 
     section 1084.
       (6) Suspicious transmission.--The term ``suspicious 
     transmission'' means any public or private post, message, 
     comment, tag, transaction, or any other user-generated 
     content or transmission that commits, facilitates, incites, 
     promotes, or otherwise assists the commission of a major 
     crime.

     SEC. 1084. REPORTING OF SUSPICIOUS ACTIVITY.

       (a) Mandatory Reporting of Suspicious Transmissions.--
       (1) In general.--If a provider of an interactive computer 
     service detects a suspicious transmission, the provider, 
     including any director, officer, employee, agent, or 
     representative of the provider, shall submit to the 
     Department a STAR describing the suspicious transmission in 
     accordance with this section.
       (2) Requirements.--
       (A) In general.--Except as provided in subparagraph (C), a 
     STAR required to be submitted under paragraph (1) shall be 
     submitted not later than 30 days after the date on which the 
     provider of an interactive computer service--
       (i) initially detects the suspicious transmission; or
       (ii) is alerted to the suspicious transmission on the 
     platform of such service.
       (B) Immediate notification.--In the case of a suspicious 
     transmission that requires immediate attention, such as an 
     active sale or solicitation of sale of drugs or a threat of 
     terrorist activity, the provider of an interactive computer 
     service shall--
       (i) immediately notify, by telephone, an appropriate law 
     enforcement authority; and
       (ii) file a STAR in accordance with this section.
       (C) Delay of submission.--The 30-day period described in 
     subparagraph (A) may be extended by 30 days if the provider 
     of an interactive computer service provides a valid reason to 
     the agency designated or established under subsection (b)(2).
       (b) Reporting Process.--
       (1) In general.--The Attorney General shall establish a 
     process by which a provider of an interactive computer 
     service may submit STARs under this section.
       (2) Designated agency.--
       (A) In general.--In carrying out this section, the Attorney 
     General shall designate an agency within the Department, or, 
     if the Attorney General determines appropriate, establish a 
     new agency within the Department, to which STARs should be 
     submitted under subsection (a).
       (B) Consumer reporting.--The agency designated or 
     established under subparagraph (A) shall establish a 
     centralized online resource, which may be used by individual 
     members of the public to report suspicious activity related 
     to major crimes for investigation by the appropriate law 
     enforcement or regulatory agency.
       (C) Cooperation with industry.--The agency designated or 
     established under subparagraph (A)--
       (i) may conduct training for enforcement agencies and for 
     providers of interactive computer services on how to 
     cooperate in reporting suspicious activity;

[[Page S5824]]

       (ii) may develop relationships for promotion of reporting 
     mechanisms and resources available on the centralized online 
     resource required to be established under subparagraph (B); 
     and
       (iii) shall coordinate with the National White Collar Crime 
     Center to convene experts to design training programs for 
     State and local law enforcement agencies, which may include 
     using social media, online ads, paid placements, and 
     partnering with expert non-profit organizations to promote 
     awareness and engage with the public.
       (c) Contents.--Each STAR submitted under this section shall 
     contain, at a minimum--
       (1) the name, location, and other such identification 
     information as submitted by the user to the provider of the 
     interactive computer service;
       (2) the date and nature of the post, message, comment, tag, 
     transaction, or other user-generated content or transmission 
     detected for suspicious activity such as time, origin, and 
     destination; and
       (3) any relevant text, information, and metadata related to 
     the suspicious transmission.
       (d) Retention of Records and Nondisclosure.--
       (1) Retention of records.--Each provider of an interactive 
     computer service shall--
       (A) maintain a copy of any STAR submitted under this 
     section and the original record equivalent of any supporting 
     documentation for the 5-year period beginning on the date on 
     which the STAR was submitted;
       (B) make all supporting documentation available to the 
     Department and any appropriate law enforcement agencies upon 
     request; and
       (C) not later than 30 days after the date on which the 
     provider submits a STAR under this section, take action 
     against the website or account reported unless the provider 
     receives a notification from a law enforcement agency that 
     the website or account should remain open.
       (2) Nondisclosure.--Except as otherwise prescribed by the 
     Attorney General, no provider of an interactive computer 
     service, or officer, director, employee, or agent of such a 
     provider, subject to an order under subsection (a) may 
     disclose the existence of, or terms of, the order to any 
     person.
       (e) Disclosure to Other Agencies.--
       (1) In general.--Subject to paragraph (2), the Attorney 
     General shall--
       (A) ensure that STARs submitted under this section and 
     reports from the public submitted under subsection (b)(2)(B) 
     are referred as necessary to the appropriate Federal, State, 
     or local law enforcement or regulatory agency;
       (B) make information in a STAR submitted under this section 
     available to an agency, including any State financial 
     institutions supervisory agency or United States intelligence 
     agency, upon request of the head of the agency; and
       (C) develop a strategy to disseminate relevant information 
     in a STAR submitted under this section in a timely manner to 
     other law enforcement and government agencies, as 
     appropriate, and coordinate with relevant nongovernmental 
     entities, such as the National Center for Missing and 
     Exploited Children.
       (2) Limitation.--The Attorney General may only make a STAR 
     available under paragraph (1) for law enforcement purposes.
       (f) Compliance.--Any provider of an interactive computer 
     service that fails to report a known suspicious transmission 
     shall not be immune from civil or criminal liability for such 
     transmission under section 230(c) of the Communications Act 
     of 1934 (47 U.S.C. 230(c)).
       (g) Application of FOIA.--Any STAR submitted under this 
     section, and any information therein or record thereof, shall 
     be exempt from disclosure under section 552 of title 5, 
     United States Code, or any similar State, local, Tribal, or 
     territorial law.
       (h) Rulemaking Authority.--Not later than 180 days after 
     the date of enactment of this Act, the Attorney General shall 
     promulgate regulations to carry out this section.
       (i) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report describing the plan of the Department for 
     implementation of this subtitle, including a breakdown of the 
     costs associated with implementation.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary to carry out this subtitle.

     SEC. 1085. AMENDMENT TO COMMUNICATIONS DECENCY ACT.

       Section 230(e) of the Communications Act of 1934 (47 U.S.C. 
     230(e)) is amended by adding at the end the following:
       ``(6) Loss of liability protection for failure to submit 
     suspicious transmission activity report.--
       ``(A) Definitions.--In this paragraph, the terms `known 
     suspicious transmission' and `suspicious transmission' have 
     the meanings given those terms in section 1083 of the See 
     Something, Say Something Online Act of 2022.
       ``(B) Requirement.--Any provider of an interactive computer 
     service shall take reasonable steps to prevent or address 
     unlawful users of the service through the reporting of 
     suspicious transmissions.
       ``(C) Failure to comply.--Any provider of an interactive 
     computer service that fails to report a known suspicious 
     transmission may be held liable as a publisher for the 
     related suspicious transmission.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to impair or limit any claim or cause of 
     action arising from the failure of a provider of an 
     interactive computer service to report a suspicious 
     transmission.''.
                                 ______
                                 
  SA 6320. 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 end of title X, add the following:

             Subtitle H--Reporting Suspicious Transmissions

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``See Something, Say 
     Something Online Act of 2022''.

     SEC. 1082. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) section 230 of the Communications Act of 1934 (47 
     U.S.C. 230) (commonly known as the ``Communications Decency 
     Act of 1996'') was never intended to provide legal protection 
     for websites or interactive computer service providers that 
     do nothing after becoming aware of instances of individuals 
     or groups planning, committing, promoting, and facilitating 
     terrorism, serious drug offenses, and violent crimes;
       (2) it is not the intent of this subtitle to remove or 
     strip all liability protection from websites or interactive 
     computer service providers that are proactively working to 
     resolve these issues; and
       (3) should websites or interactive computer service 
     providers fail to exercise due care in the implementation, 
     filing of the suspicious transmission activity reports, and 
     reporting of major crimes, Congress intends to look at 
     removing liability protections under the Communications 
     Decency Act of 1996 in its entirety.

     SEC. 1083. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Justice.
       (2) Interactive computer service.--The term ``interactive 
     computer service'' has the meaning given the term in section 
     230 of the Communications Act of 1934 (47 U.S.C. 230).
       (3) Known suspicious transmission.--The term ``known 
     suspicious transmission'' means any suspicious transmission 
     that a provider of an interactive computer service--
       (A) should have reasonably known to have occurred; or
       (B) was notified of by a director, officer, employee, 
     agent, interactive computer service user, or State or Federal 
     law enforcement agency.
       (4) Major crime.--The term ``major crime'' means a Federal 
     criminal offense--
       (A) that is a crime of violence (as defined in section 16 
     of title 18, United States Code);
       (B) relating to domestic or international terrorism (as 
     those terms are defined in section 2331 of title 18, United 
     States Code); or
       (C) that is a serious drug offense (as defined in section 
     924(e) of title 18, United States Code).
       (5) STAR.--The term ``STAR'' means a suspicious 
     transmission activity report required to be submitted under 
     section 1084.
       (6) Suspicious transmission.--The term ``suspicious 
     transmission'' means any public or private post, message, 
     comment, tag, transaction, or any other user-generated 
     content or transmission that commits, facilitates, incites, 
     promotes, or otherwise assists the commission of a major 
     crime.

     SEC. 1084. REPORTING OF SUSPICIOUS ACTIVITY.

       (a) Mandatory Reporting of Suspicious Transmissions.--
       (1) In general.--If a provider of an interactive computer 
     service detects a suspicious transmission, the provider, 
     including any director, officer, employee, agent, or 
     representative of the provider, shall submit to the 
     Department a STAR describing the suspicious transmission in 
     accordance with this section.
       (2) Requirements.--
       (A) In general.--Except as provided in subparagraph (C), a 
     STAR required to be submitted under paragraph (1) shall be 
     submitted not later than 30 days after the date on which the 
     provider of an interactive computer service--
       (i) initially detects the suspicious transmission; or
       (ii) is alerted to the suspicious transmission on the 
     platform of such service.
       (B) Immediate notification.--In the case of a suspicious 
     transmission that requires immediate attention, such as an 
     active sale or solicitation of sale of drugs or a threat of 
     terrorist activity, the provider of an interactive computer 
     service shall--
       (i) immediately notify, by telephone, an appropriate law 
     enforcement authority; and
       (ii) file a STAR in accordance with this section.
       (C) Delay of submission.--The 30-day period described in 
     subparagraph (A) may be extended by 30 days if the provider 
     of an interactive computer service provides a valid

[[Page S5825]]

     reason to the agency designated or established under 
     subsection (b)(2).
       (b) Reporting Process.--
       (1) In general.--The Attorney General shall establish a 
     process by which a provider of an interactive computer 
     service may submit STARs under this section.
       (2) Designated agency.--
       (A) In general.--In carrying out this section, the Attorney 
     General shall designate an agency within the Department, or, 
     if the Attorney General determines appropriate, establish a 
     new agency within the Department, to which STARs should be 
     submitted under subsection (a).
       (B) Consumer reporting.--The agency designated or 
     established under subparagraph (A) shall establish a 
     centralized online resource, which may be used by individual 
     members of the public to report suspicious activity related 
     to major crimes for investigation by the appropriate law 
     enforcement or regulatory agency.
       (C) Cooperation with industry.--The agency designated or 
     established under subparagraph (A)--
       (i) may conduct training for enforcement agencies and for 
     providers of interactive computer services on how to 
     cooperate in reporting suspicious activity;
       (ii) may develop relationships for promotion of reporting 
     mechanisms and resources available on the centralized online 
     resource required to be established under subparagraph (B); 
     and
       (iii) shall coordinate with the National White Collar Crime 
     Center to convene experts to design training programs for 
     State and local law enforcement agencies, which may include 
     using social media, online ads, paid placements, and 
     partnering with expert non-profit organizations to promote 
     awareness and engage with the public.
       (c) Contents.--Each STAR submitted under this section shall 
     contain, at a minimum--
       (1) the name, location, and other such identification 
     information as submitted by the user to the provider of the 
     interactive computer service;
       (2) the date and nature of the post, message, comment, tag, 
     transaction, or other user-generated content or transmission 
     detected for suspicious activity such as time, origin, and 
     destination; and
       (3) any relevant text, information, and metadata related to 
     the suspicious transmission.
       (d) Retention of Records and Nondisclosure.--
       (1) Retention of records.--Each provider of an interactive 
     computer service shall--
       (A) maintain a copy of any STAR submitted under this 
     section and the original record equivalent of any supporting 
     documentation for the 5-year period beginning on the date on 
     which the STAR was submitted;
       (B) make all supporting documentation available to the 
     Department and any appropriate law enforcement agencies upon 
     request; and
       (C) not later than 30 days after the date on which the 
     provider submits a STAR under this section, take action 
     against the website or account reported unless the provider 
     receives a notification from a law enforcement agency that 
     the website or account should remain open.
       (2) Nondisclosure.--Except as otherwise prescribed by the 
     Attorney General, no provider of an interactive computer 
     service, or officer, director, employee, or agent of such a 
     provider, subject to an order under subsection (a) may 
     disclose the existence of, or terms of, the order to any 
     person.
       (e) Disclosure to Other Agencies.--
       (1) In general.--Subject to paragraph (2), the Attorney 
     General shall--
       (A) ensure that STARs submitted under this section and 
     reports from the public submitted under subsection (b)(2)(B) 
     are referred as necessary to the appropriate Federal, State, 
     or local law enforcement or regulatory agency;
       (B) make information in a STAR submitted under this section 
     available to an agency, including any State financial 
     institutions supervisory agency or United States intelligence 
     agency, upon request of the head of the agency; and
       (C) develop a strategy to disseminate relevant information 
     in a STAR submitted under this section in a timely manner to 
     other law enforcement and government agencies, as 
     appropriate, and coordinate with relevant nongovernmental 
     entities, such as the National Center for Missing and 
     Exploited Children.
       (2) Limitation.--The Attorney General may only make a STAR 
     available under paragraph (1) for law enforcement purposes.
       (f) Compliance.--Any provider of an interactive computer 
     service that fails to report a known suspicious transmission 
     shall not be immune from civil or criminal liability for such 
     transmission under section 230(c) of the Communications Act 
     of 1934 (47 U.S.C. 230(c)).
       (g) Application of FOIA.--Any STAR submitted under this 
     section, and any information therein or record thereof, shall 
     be exempt from disclosure under section 552 of title 5, 
     United States Code, or any similar State, local, Tribal, or 
     territorial law.
       (h) Rulemaking Authority.--Not later than 180 days after 
     the date of enactment of this Act, the Attorney General shall 
     promulgate regulations to carry out this section.
       (i) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report describing the plan of the Department for 
     implementation of this subtitle, including a breakdown of the 
     costs associated with implementation.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary to carry out this subtitle.

     SEC. 1085. AMENDMENT TO COMMUNICATIONS DECENCY ACT.

       Section 230(e) of the Communications Act of 1934 (47 U.S.C. 
     230(e)) is amended by adding at the end the following:
       ``(6) Loss of liability protection for failure to submit 
     suspicious transmission activity report.--
       ``(A) Definitions.--In this paragraph, the terms `known 
     suspicious transmission' and `suspicious transmission' have 
     the meanings given those terms in section 1083 of the See 
     Something, Say Something Online Act of 2022.
       ``(B) Requirement.--Any provider of an interactive computer 
     service shall take reasonable steps to prevent or address 
     unlawful users of the service through the reporting of 
     suspicious transmissions.
       ``(C) Failure to comply.--Any provider of an interactive 
     computer service that fails to report a known suspicious 
     transmission may be held liable as a publisher for the 
     related suspicious transmission.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to impair or limit any claim or cause of 
     action arising from the failure of a provider of an 
     interactive computer service to report a suspicious 
     transmission.''.
                                 ______
                                 
  SA 6321. Ms. HASSAN (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. __. PILOT PROGRAM ON CYBERSECURITY TRAINING FOR VETERANS 
                   AND MILITARY SPOUSES.

       (a) Definitions.--In this section:
       (1) Evidence-based; work-based learning.--The terms 
     ``evidence-based'' and ``work-based learning'' have the 
     meanings given those terms in section 3 of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2302).
       (2) 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).
       (3) Recognized postsecondary credential.--The term 
     ``recognized postsecondary credential'' has the meaning given 
     the term in section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102).
       (4) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor or a State apprenticeship agency recognized by the 
     Office of the Apprenticeship pursuant to the Act of August 
     16, 1937 (commonly known as the ``National Apprenticeship 
     Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)
       (5) Veteran.--The term ``veteran'' has the meaning given 
     the term in section 101 of title 38, United States Code.
       (b) Establishment.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary of Homeland Security, 
     in consultation with the Secretary of Veterans Affairs, shall 
     establish a pilot program under which the Secretary of 
     Homeland Security shall provide cybersecurity training to 
     eligible individuals described in subsection (d) at no cost 
     to such individuals.
       (c) Elements.--The cybersecurity training provided under 
     the pilot program established under this section shall be 
     evidence-based and include--
       (1) coursework and training that, if applicable, qualifies 
     for postsecondary credit toward an associate, baccalaureate, 
     or graduate degree at an institution of higher education;
       (2) virtual learning opportunities;
       (3) hands-on learning and performance-based assessments;
       (4) Federal work-based learning opportunities and programs 
     (which may include registered apprenticeship programs); and
       (5) the provision of recognized postsecondary credentials 
     to eligible individuals who complete the pilot program.
       (d) Eligibility.--
       (1) In general.--To be eligible for the pilot program under 
     this section, an individual shall be--
       (A) a veteran who is entitled to educational assistance 
     under chapter 30, 32, 33, 34, or 35 of title 38, United 
     States Code, or chapter 1606 or 1607 of title 10, United 
     States Code;
       (B) a member of an active or a reserve component of the 
     Armed Forces who the Secretary of Homeland Security 
     determines will

[[Page S5826]]

     become an eligible individual under subparagraph (A) within 
     180 days of the date of such determination; or
       (C) an eligible spouse described in section 1784a(b) of 
     title 10, United States Code.
       (2) No charge to entitlement.--In the case of an individual 
     described in paragraph (1)(A), training under this section 
     shall be provided to the individual without charge to the 
     entitlement of the individual to educational assistance under 
     the laws administered by the Secretary of Veterans Affairs.
       (e) Alignment With NICE Workforce Framework for 
     Cybersecurity.--In carrying out the pilot program under this 
     section, the Secretary of Homeland Security shall ensure 
     alignment with the taxonomy, including work roles and 
     competencies and the associated tasks, knowledge, and skills, 
     from the National Initiative for Cybersecurity Education 
     Workforce Framework for Cybersecurity (NIST Special 
     Publication 800-181, Revision 1), or successor framework.
       (f) Coordination.--
       (1) Training, platforms, and frameworks.--In developing the 
     pilot program under this section, the Secretary of Homeland 
     Security shall coordinate with the Secretary of Veterans 
     Affairs, the Secretary of Defense, the Secretary of Labor, 
     the Secretary of Education, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     the Office of Personnel Management to evaluate and, where 
     possible, leverage existing training, platforms, and 
     frameworks of the Federal Government for providing 
     cybersecurity education and training to prevent duplication 
     of efforts.
       (2) Federal work-based learning opportunities and 
     programs.--In developing the Federal work-based learning 
     opportunities and programs required under subsection (c)(4), 
     the Secretary of Homeland Security shall coordinate with the 
     Secretary of Veterans Affairs, the Secretary of Defense, the 
     Secretary of Labor, the Secretary of Education, the Director 
     of the Office of Personnel Management, and the heads of other 
     appropriate Federal agencies to identify or create, as 
     necessary, interagency opportunities to provide participants 
     in the pilot program with--
       (A) opportunities to acquire and demonstrate skills and 
     competencies; and
       (B) the capabilities necessary to qualify for Federal 
     employment in a cybersecurity work role.
       (g) Resources.--
       (1) In general.--In any case in which the pilot program--
       (A) uses training, platforms, and frameworks described in 
     subsection (f)(1), the Secretary of Homeland Security, in 
     consultation with the Secretary of Veterans Affairs, shall 
     ensure that the trainings, platforms, and frameworks are 
     expanded and resourced to accommodate usage by eligible 
     individuals participating in the pilot program; or
       (B) does not use training, platforms, and frameworks 
     described in subsection (f)(1), the Secretary of Homeland 
     Security, in consultation with the Secretary of Veterans 
     Affairs and the heads of other Federal agencies described in 
     subsection (f), shall develop or procure training, platforms, 
     and frameworks necessary to carry out the requirements of 
     subsection (c) and accommodate the usage by eligible 
     individuals participating in the pilot program.
       (2) Actions.--In carrying out paragraph (1), the Secretary 
     of Homeland Security may provide additional funding, staff, 
     or other resources to--
       (A) recruit and retain women, underrepresented minorities, 
     and individuals from other underrepresented communities;
       (B) provide administrative support for basic functions of 
     the pilot program;
       (C) ensure the success and ongoing mentoring of eligible 
     individuals participating in the pilot program;
       (D) connect participants who complete the pilot program to 
     cybersecurity job opportunities within the Federal 
     Government; and
       (E) allocate, if necessary, dedicated positions for term 
     employment to enable Federal work-based learning 
     opportunities and programs, as required under subsection 
     (c)(4), for participants to gain the skills and the 
     competencies necessary to pursue permanent Federal employment 
     in a cybersecurity work role.
       (h) Reports.--
       (1) Secretary.--Not later than 2 years after the date on 
     which the pilot program is established under this section, 
     and annually thereafter, the Secretary of Homeland Security 
     shall submit to Congress a report on the pilot program, which 
     shall include--
       (A) a description of--
       (i) any activity carried out by the Department of Homeland 
     Security under this section; and
       (ii) the existing training, platforms, and frameworks of 
     the Federal Government leveraged in accordance with 
     subsection (f)(1); and
       (B) an assessment of the results achieved by the pilot 
     program, including--
       (i) the admittance rate into the pilot program;
       (ii) the employment status of individuals prior to 
     participating in the pilot program, including the sector of 
     employment and type of employer;
       (iii) the demographics of participants in the pilot 
     program, including representation of women, underrepresented 
     minorities, and individuals from other underrepresented 
     communities;
       (iv) the completion rate for the pilot program, including 
     if there are any identifiable patterns with respect to 
     participants who do not complete the pilot program;
       (v) as applicable, the transfer rates to other academic or 
     vocational programs, and certifications and licensure exam 
     passage rates;
       (vi) the rate of continued employment within a Federal 
     agency for participants after completing the pilot program;
       (vii) the rate of continued employment for participants 
     after completing the pilot program; and
       (viii) the median annual salary of participants who 
     completed the pilot program and were subsequently employed, 
     disaggregated by the sector of employment and type of 
     employer and compared to the median annual salary prior to 
     participation in the pilot program.
       (2) Comptroller general.--Not later than 4 years after the 
     date on which the pilot program is established under this 
     section, the Comptroller General of the United States shall 
     submit to Congress a report on the pilot program, including 
     the recommendation of the Comptroller General with respect to 
     whether the pilot program should be extended.
       (i) Termination.--The authority to carry out the pilot 
     program under this section shall terminate on the date that 
     is 5 years after the date on which the Secretary of Homeland 
     Security establishes the pilot program under this section.
       (j) Federal Cybersecurity Workforce Assessment Extension.--
     Section 304(a) of the Federal Cybersecurity Workforce 
     Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the 
     matter preceding paragraph (1), by striking ``2022'' and 
     inserting ``2025''.
                                 ______
                                 
  SA 6322. Mr. BROWN (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 in the table in section 4601, under 
     the heading ``Air Force Reserve'', insert the following:--
                                 ______
                                 
  SA 6323. Mr. BROWN (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 in the table in section 4601, under 
     the heading ``Army National Guard'', insert the following:
                                 ______
                                 
  SA 6324. Mr. BROWN (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 in the table in section 4601, under 
     the heading ``Air National Guard'', insert the following:
                                 ______
                                 
  SA 6325. Mr. BROWN (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:

        On page 446, between lines 15 and 16, insert the 
     following:
       ``(c) National Space Intelligence Center.--
       ``(1) Establishment.--The Secretary of the Air Force shall 
     establish the National Space Intelligence Center within the 
     Space Force

[[Page S5827]]

     to perform analysis and production of scientific and 
     technical intelligence on foreign space and counter-space 
     threat capabilities in the support of the Space Force.
       ``(2) Field operating agency.--The National Space 
     Intelligence Center shall operate as a field operating agency 
     of the Space Force.''.
                                 ______
                                 
  SA 6326. Mr. BROWN (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 D of title XXVIII, add the 
     following:

     SEC. 2868. MODIFICATION OF REQUIREMENTS RELATING TO SCORECARD 
                   FOR BASING DECISIONS BY DEPARTMENT OF DEFENSE.

       Section 2883(h) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 10 U.S.C. 1781b note) is amended by adding at the 
     end the following new subsections:
       ``(4) Coordination with secretary of defense.--In 
     establishing or updating 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.
       ``(5) Publication in federal register.--The Secretary of 
     Defense shall publish in the Federal Register for public 
     comment the methodology and criteria for establishing a 
     scorecard under this subsection.''.
                                 ______
                                 
  SA 6327. Mr. BROWN (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 E of title V, add the following:

     SEC. 564. PROVOST AND CHIEF ACADEMIC OFFICER OF THE UNITED 
                   STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

       Section 9414b(b)(2) of title 10, United States Code, is 
     amended by adding at the end the following: ``An individual 
     selected for the position of Provost and Chief Academic 
     Officer shall serve in that position for a term of not more 
     than five years and may be continued in that position for an 
     additional term of up to five years.''.
                                 ______
                                 
  SA 6328. Mr. BROWN (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:

        On page 822, line 22, strike ``$9,000,000'' and insert 
     ``$12,000,000''.

       On page 822, line 25, strike ``$9,000,000'' and insert 
     ``$12,000,000''.

       On page 823, line 2, strike ``$9,000,000'' and insert 
     ``$12,000,000''.

                                 ______
                                 
  SA 6329. Mr. BROWN (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 E of title III, add the following:

     SEC. 372. REPORT ON COSTS AND BENEFITS OF MAINTAINING A 
                   MINIMUM OF 12 PRIMARY AIRCRAFT AUTHORIZED FOR 
                   EACH TYPE OF SPECIALTY MISSION AIRCRAFT.

       (a) Sense of Senate.--It is the sense of the Senate that it 
     is important to maintain safety and increase mission 
     readiness and interoperability of the weather reconnaissance, 
     aerial spray, and firefighting system specialty mission 
     capabilities of the Air Force Reserve Command.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees a report on 
     the costs and benefits of maintaining a minimum of 12 primary 
     aircraft authorized for each type of specialty mission 
     aircraft.
                                 ______
                                 
  SA 6330. Mr. BROWN (for himself and Ms. Ernst) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel 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. PILOT PROGRAM ON ACTIVITIES UNDER THE PRE-
                   SEPARATION TRANSITION PROCESS OF MEMBERS OF THE 
                   ARMED FORCES FOR A REDUCTION IN SUICIDE AMONG 
                   VETERANS.

       (a) Pilot Program Required.--The Secretary of Defense and 
     the Secretary of Veterans Affairs shall jointly carry out a 
     pilot program to assess the feasibility and advisability of 
     providing the module described in subsection (b) and services 
     under subsection (c) as part of the pre-separation transition 
     process for members of the Armed Forces as a means of 
     reducing the incidence of suicide among veterans.
       (b) Module.--The module described in this subsection shall 
     include the following:
       (1) An in-person meeting between a cohort of members of the 
     Armed Forces participating in the pilot program and a social 
     worker or nurse in which the social worker or nurse--
       (A) educates the cohort on resources for and specific 
     potential risks confronting such members after discharge or 
     release from the Armed Forces, including--
       (i) loss of community or a support system;
       (ii) isolation from family, friends, or society;
       (iii) identity crisis in the transition from military to 
     civilian life;
       (iv) vulnerability viewed as a weakness;
       (v) need for empathy;
       (vi) self-medication and addiction;
       (vii) importance of sleep and exercise;
       (viii) homelessness;
       (ix) risk factors contributing to attempts of suicide and 
     deaths by suicide; and
       (x) safe storage of firearms as part of suicide prevention 
     lethal means safety efforts;
       (B) educates the cohort on--
       (i) the signs and symptoms of suicide risk and physical, 
     psychological, or neurological issues, such as post-traumatic 
     stress disorder, traumatic brain injury, chronic pain, sleep 
     disorders, substance use disorders, adverse childhood 
     experiences, depression, bipolar disorder, and socio-
     ecological concerns, such as homelessness, unemployment, and 
     relationship strain;
       (ii) the potential risks for members of the Armed Forces 
     from such issues after discharge or release from the Armed 
     Forces; and
       (iii) the resources and treatment options available to such 
     members for such issues through the Department of Veterans 
     Affairs, the Department of Defense, and non-profit 
     organizations;
       (C) educates the cohort about the resources available to 
     victims of military sexual trauma through the Department of 
     Veterans Affairs; and
       (D) educates the cohort about the manner in which members 
     might experience challenges during the transition from 
     military to civilian life, and the resources available to 
     them through the Department of Veterans Affairs, the 
     Department of Defense, and other organizations.
       (2) The provision to each member of the cohort of contact 
     information for a counseling or other appropriate facility of 
     the Department of Veterans Affairs in the locality in which 
     such member intends to reside after discharge or release.
       (3) The submittal by each member of the cohort to the 
     Department of Veterans Affairs (including both the Veterans 
     Health Administration and the Veterans Benefits 
     Administration) of their medical records in connection with 
     service in the Armed Forces, whether or not such members 
     intend to file a claim with the Department for benefits with 
     respect to any service-connected disability.
       (c) Services.--
       (1) In general.--In carrying out the pilot program, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall provide to each individual specified in paragraph (2) 
     the following services:
       (A) During the transition process and prior to discharge or 
     release from the Armed Forces, a one-on-one meeting with a 
     social worker or nurse of the Department of Veterans Affairs 
     who will--
       (i) conduct an assessment of the individual regarding 
     eligibility to receive health care

[[Page S5828]]

     or counseling services from the Department of Veterans 
     Affairs;
       (ii) for those eligible, or likely to be eligible, to 
     receive health care or counseling services from the 
     Department of Veterans Affairs--

       (I) identify and provide contact information for an 
     appropriate facility of the Department of Veterans Affairs in 
     the locality in which such individual intends to reside after 
     discharge or release;
       (II) facilitate registration or enrollment in the system of 
     patient enrollment of the Department of Veterans Affairs 
     under section 1705(a) of title 38, United States Code, if 
     applicable;
       (III) educate the individual about care, benefits, and 
     services available to the individual through the Veterans 
     Health Administration; and
       (IV) coordinate health care based on the health care needs 
     of the individual, if applicable; and

       (iii) establish an initial appointment, at the election of 
     the individual, which would include the assessment described 
     in clause (i), to occur not later than 90 days after the date 
     of discharge or release of the member from the Armed Forces.
       (B) For each individual determined ineligible for care and 
     services from the Department of Veterans Affairs during the 
     transition process, the Secretary of Defense shall conduct an 
     assessment of the individual to determine the needs of the 
     individual and appropriate follow-up, which shall be 
     identified and documented in the appropriate records of the 
     Department of Defense.
       (C) During the appointment scheduled pursuant to 
     subparagraph (A)(iii), the Secretary of Veterans Affairs 
     shall conduct an assessment of the individual to determine 
     the needs of the individual and appropriate follow-up, which 
     shall be identified and documented in the appropriate records 
     of the Department of Veterans Affairs.
       (2) Individuals specified.--An individual specified in this 
     paragraph is a current or former member of the Armed Forces 
     participating in the pilot program who has been assessed with 
     physical, psychological, or neurological issues, such as 
     post-traumatic stress disorder, traumatic brain injury, 
     chronic pain, sleep disorders, substance use disorders, 
     adverse childhood experiences, depression, bipolar disorder, 
     and socio-ecological concerns, such as homelessness, 
     unemployment, and relationship strain.
       (d) Locations.--
       (1) Module and meeting.--The module under subsection (b) 
     and the one-on-one meeting under subsection (c)(1)(A) shall 
     be carried out at not fewer than 10 locations of the 
     Department of Defense that serve not fewer than 300 members 
     of the Armed Forces annually that are jointly selected by the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     for purposes of the pilot program.
       (2) Assessment and appointment.--The assessment under 
     subsection (c)(1)(B) and the appointment under subsection 
     (c)(1)(C) may occur at any location determined appropriate by 
     the Secretary of Defense or the Secretary of Veterans 
     Affairs, as the case may be.
       (3) Members served.--The centers selected under paragraph 
     (1) shall, to the extent practicable, be centers that, 
     whether individually or in aggregate, serve all the Armed 
     Forces and both the regular and reserve components of the 
     Armed Forces.
       (e) Selection and Commencement.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly select 
     the locations of the pilot program under subsection (d)(1) 
     and commence carrying out activities under the pilot program 
     by not later than September 30, 2024.
       (f) Duration.--
       (1) In general.--The duration of the pilot program shall be 
     five years.
       (2) Continuation.--If the Secretary of Defense and the 
     Secretary of Veterans Affairs recommend in a report under 
     subsection (g) that the pilot program be extended beyond the 
     date otherwise provided by paragraph (1), the Secretaries may 
     jointly continue the pilot program for such period beyond 
     such date as the Secretaries jointly consider appropriate.
       (g) Reports.--
       (1) In general.--Not later than one year after the 
     commencement of the pilot program, and annually thereafter 
     during the duration of the pilot program, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall jointly 
     submit to the appropriate committees of Congress a report on 
     the activities under the pilot program.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) The demographic information of the members and former 
     members of the Armed Forces who participated in the pilot 
     program during the one-year period ending on the date of such 
     report.
       (B) A description of the activities under the pilot program 
     during such period.
       (C) An assessment of the benefits of the activities under 
     the pilot program during such period to members and former 
     members of the Armed Forces.
       (D) An assessment whether the activities under the pilot 
     program as of the date of such report have met the targeted 
     outcomes of the pilot program among members and former 
     members who participated in the pilot program within one year 
     of discharge or release from the Armed Forces.
       (E) Such recommendations as the Secretary of Defense and 
     the Secretary of Veterans Affairs jointly consider 
     appropriate regarding the feasibility and advisability of 
     expansion of the pilot program, extension of the pilot 
     program, or both.
       (h) 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 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 6331. 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 C of title III, add the following:

     SEC. 334. PRIORITIZATION OF REMEDIATION OF PERFLUOROALKYL 
                   SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.

       The Secretary of Defense shall prioritize the remediation 
     and treatment of military installations and surrounding 
     communities with sole source aquifers contaminated by 
     perfluoroalkyl substances and polyfluoroalkyl substances.
                                 ______
                                 
  SA 6332. 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 A of title V, add the following:

     SEC. 508. EXTENSION OF TRANSITION PERIOD RELATING TO 
                   MODIFICATIONS TO RULES FOR RETIREMENT OR 
                   SEPARATION FOR COMMISSIONED OFFICERS WHO REACH 
                   62 YEARS OF AGE.

       (a) In General.--Section 1251(e)(2) of title 10, United 
     States Code, is amended by striking ``who was added to the 
     retired list before the date of the enactment of the William 
     M. (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021'' and inserting ``who, on the date of the 
     enactment of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021, was serving and older 
     than 62 years of age''.
       (b) Retroactive Effect.--
       (1) In general.--The amendment made by subsection (a) takes 
     effect on January 1, 2021, as if included in the enactment of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283).
       (2) Treatment of separations between january 1, 2021, and 
     date of enactment.--A commissioned officer who is separated 
     under paragraph (1) of section 1251(e) of title 10, United 
     States Code, on or after January 1, 2021, and before the date 
     of the enactment of this Act, and who qualifies under 
     paragraph (2) of that section, as amended by subsection (a), 
     for retirement and retired pay, shall be--
       (A) transferred to retired status; and
       (B) paid retired pay computed under section 1401 of title 
     10, United States Code, for each month that begins after the 
     date of separation.
                                 ______
                                 
  SA 6333. Mr. BROWN (for himself 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 end of title X, add the following:

          Subtitle H--Law Enforcement Scenario-based Training

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Law Enforcement 
     Scenario-Based Training for Safety and De-Escalation Act of 
     2022''.

     SEC. 1082. LAW ENFORCEMENT SCENARIO-BASED TRAINING 
                   CURRICULUM.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General, acting through 
     the Director of the Office of Community Oriented Policing 
     Services, shall develop a scenario-

[[Page S5829]]

     based training curriculum for use in accordance with the 
     grant program under section 1083.
       (b) Curriculum.--In developing the curriculum under 
     subsection (a), the Attorney General shall--
       (1) develop a scenario-based training curriculum that 
     addresses--
       (A) improving community-police relations;
       (B) officer safety;
       (C) officer resilience;
       (D) situational awareness;
       (E) physical and emotional responses to stress;
       (F) critical decision-making and problem-solving;
       (G) de-escalation;
       (H) use of force and deadly force; and
       (I) crisis intervention;
       (2) consult with relevant professional law enforcement 
     associations, community-based organizations, and defense and 
     national security agencies in the development and 
     dissemination of the curriculum;
       (3) provide expertise and technical assistance to entities 
     seeking to implement the curriculum;
       (4) evaluate best practices of scenario-based training 
     methods and curriculum content to maintain state-of-the-art 
     expertise in scenario-based learning methodology; and
       (5) develop a certification process for entities that have 
     successfully implemented the curriculum.

     SEC. 1083. LAW ENFORCEMENT SCENARIO-BASED TRAINING GRANT 
                   PROGRAM.

       (a) In General.--Beginning on the date that is 1 year after 
     the date of enactment of this Act, the Attorney General, 
     acting through the Director of the Office of Community 
     Oriented Policing Services, shall be authorized to make 
     grants to States, units of local government, Indian Tribal 
     governments, other public and private entities, and multi-
     jurisdictional or regional consortia to provide law 
     enforcement personnel with access to a scenario-based 
     training curriculum that is substantially similar to the 
     curriculum developed under section 1082.
       (b) Application.--An applicant seeking a grant under this 
     section shall submit to the Attorney General an application 
     at such time, in such manner, and containing such information 
     as the Attorney General may reasonably require.
       (c) Reports.--
       (1) Grantee reports.--On the date that is 1 year after 
     receiving a grant under this section, each grant recipient 
     shall submit to the Attorney General a report on--
       (A) any benefits of, and barriers to, delivering the 
     curriculum to law enforcement personnel; and
       (B) recommendations for improving the access of law 
     enforcement personnel to scenario-based training.
       (2) Office of community oriented policing services 
     reports.--Not later than 1 year after initially awarding 
     grants under this section, and annually thereafter, the 
     Attorney General, acting through the Director of the Office 
     of Community Oriented Policing Services, shall submit to 
     Congress a report on--
       (A) the number of entities that received grants under this 
     section;
       (B) the cumulative number and proportion of law enforcement 
     personnel in each State that received training under the 
     scenario-based training curriculum described in section 1082, 
     or a curriculum that is substantially similar to that 
     curriculum;
       (C) any benefits of, and barriers to, delivering such 
     curriculum to law enforcement personnel;
       (D) recommendations for improving the curriculum developed 
     under section 1082; and
       (E) recommendations for improving the grant program under 
     this section.
       (d) Funding.--No additional funds are authorized to be 
     appropriated to carry out this subtitle. The Attorney General 
     shall carry out this subtitle using unobligated amounts that 
     are otherwise made available to the Department of Justice.

     SEC. 1084. DEFINITIONS.

       In this subtitle:
       (1) Community-based organizations.--The term ``community-
     based organization'' means a grassroots organization that--
       (A) works in communities to improve police accountability 
     and transparency; and
       (B) has a national presence and membership.
       (2) Professional law enforcement association.--The term 
     ``professional law enforcement association'' means a law 
     enforcement membership association that works for the needs 
     of Federal, State, local, or Indian Tribal law enforcement 
     groups and with the civilian community on matters of common 
     interest.
       (3) Scenario-based training.--The term ``scenario-based 
     training'' means the use of live-action simulations and role 
     playing to place law enforcement personnel in an interactive 
     learning environment to replicate real-life scenarios or 
     teach particular skills or techniques.
       (4) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States.
                                 ______
                                 
  SA 6334. 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 E of title XII, add the following:

     SEC. 1262. REPORT ON POLITICAL PRISONERS IN EGYPT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Director of National Intelligence, 
     shall submit to the appropriate congressional committees a 
     report on the status of political prisoners in Egypt.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include a detailed assessment of how 
     many individuals are detained, imprisoned, or the victim of 
     an enforced disappearance in Egypt, including individuals 
     who--
       (1) are human rights defenders;
       (2) are detained, imprisoned, or otherwise physically 
     restricted because of their political, religious, other 
     conscientiously-held beliefs, or their identity;
       (3) are prisoners who are arbitrarily detained;
       (4) are victims of enforced disappearance or are reasonably 
     suspected of being detained or imprisoned in a secret 
     location; or
       (5) have been subject to torture or other gross violations 
     of human rights while detained or imprisoned.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but portions of the report 
     may contain a classified annex, provided that the annex is 
     provided separately from the unclassified report.
       (d) Withholding of Foreign Military Financing Funding.--Of 
     the unobligated balance of amounts appropriated or otherwise 
     made available for Foreign Military Financing assistance for 
     Egypt, $300,000,000 may not be provided to the Government of 
     Egypt until the report required under subsection (a) has been 
     submitted to the appropriate congressional committees.
       (e) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' 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.
                                 ______
                                 
  SA 6335. Mr. BROWN (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 division A, add the following:

  TITLE XVII--IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Eliminating Global Market 
     Distortions To Protect American Jobs Act of 2022''.

                 Subtitle A--Successive Investigations

     SEC. 1711. ESTABLISHMENT OF SPECIAL RULES FOR DETERMINATION 
                   OF MATERIAL INJURY IN THE CASE OF SUCCESSIVE 
                   ANTIDUMPING AND COUNTERVAILING DUTY 
                   INVESTIGATIONS.

       (a) In General.--Section 771(7) of the Tariff Act of 1930 
     (19 U.S.C. 1677(7)) is amended--
       (1) by redesignating subparagraphs (E) through (J) as 
     subparagraphs (F) through (K), respectively;
       (2) in subparagraph (I), as redesignated by paragraph (1)--
       (A) by striking ``subparagraph (G)(ii)'' and inserting 
     ``subparagraph (H)(ii)''; and
       (B) by striking ``subparagraph (F)'' and inserting 
     ``subparagraph (G)''; and
       (3) by inserting after subparagraph (D) the following:
       ``(E) Special rules for successive investigations.--
       ``(i) In general.--

       ``(I) Evaluation of impact on domestic industry.--In 
     evaluating the impact of imports of the merchandise on 
     producers of domestic like products under subparagraph 
     (C)(iii), the Commission shall--

       ``(aa) assess the condition of the domestic industry as 
     found in a recently completed investigation;
       ``(bb) assess the effect of a concurrent investigation or 
     recently completed investigation on trade and the financial 
     performance of the domestic industry, including whether the 
     imports are likely to lead to the continuation or recurrence 
     of material injury determined by the Commission in any 
     concurrent investigation or recently completed investigation; 
     and

[[Page S5830]]

       ``(cc) take into account and include in the record any 
     prior injury determinations by the Commission with respect to 
     imports of the merchandise, including the volume, price 
     effect, and impact of those imports on the domestic industry 
     as determined in a concurrent investigation or recently 
     completed investigation.

       ``(II) Effect of recent improvement on material injury 
     determination.--For the purposes of this subparagraph, the 
     Commission may not find that there is no material injury or 
     threat of material injury to a domestic industry based on 
     recent improvements in the industry's performance, such as an 
     increase in sales, market share, or profitability of domestic 
     producers, that are related to relief granted pursuant to a 
     concurrent investigation or recently completed investigation.

       ``(ii) Retroactive application of final determination.--

       ``(I) In general.--In making any finding under section 
     705(b)(4)(A) or 735(b)(4)(A) in a successive investigation, 
     the Commission shall consider whether a concurrent 
     investigation or recently completed investigation contributes 
     to the likelihood that the remedial effect of the 
     countervailing duty order to be issued under section 706 or 
     the antidumping duty order to be issued under section 736 
     will be seriously undermined.
       ``(II) Burden of persuasion.--The respondent in a 
     successive investigation shall have the burden of persuasion 
     with respect to whether--

       ``(aa) imports subject to an affirmative determination 
     under subsection (a) of section 705 have not met the standard 
     for retroactive application under subsection (b)(4)(A) of 
     that section; or
       ``(bb) imports subject to an affirmative determination 
     under subsection (a) of section 735 have not met the standard 
     for retroactive application under subsection (b)(4)(A) of 
     that section.''.
       (b) Definitions.--Section 771 of the Tariff Act of 1930 (19 
     U.S.C. 1677) is amended by adding at the end the following:
       ``(37) Treatment of successive investigations.--For 
     purposes of sections 702(f), 732(f), 771(7)(E), and 784:
       ``(A) Concurrent investigation.--The term `concurrent 
     investigation' means an ongoing investigation in which an 
     affirmative determination under section 703(a) or 733(a) has 
     been made by the Commission with respect to imports of a 
     class or kind of merchandise that are the same or similar to 
     imports of a class or kind of merchandise from another 
     country that are the subject of a successive investigation.
       ``(B) Recently completed investigation.--The term `recently 
     completed investigation' means a completed investigation in 
     which an affirmative determination under section 705(b) or 
     735(b) was issued by the Commission with respect to imports 
     of a class or kind of merchandise that are the same or 
     similar to imports of a class or kind of merchandise from 
     another country that are the subject of a successive 
     investigation not more than 2 years before the date of 
     initiation of the successive investigation.
       ``(C) Successive investigation.--The term `successive 
     investigation' means an investigation that has been initiated 
     by the administering authority following a petition filed 
     pursuant to section 702(f) or 732(f).''.

     SEC. 1712. INITIATION OF SUCCESSIVE ANTIDUMPING AND 
                   COUNTERVAILING DUTY INVESTIGATIONS.

       (a) Countervailing Duty Investigation.--Section 702 of the 
     Tariff Act of 1930 (19 U.S.C. 1671a) is amended by adding at 
     the end the following:
       ``(f) Initiation by Administering Authority of Successive 
     Countervailing Duty Investigation.--A successive 
     investigation shall be initiated--
       ``(1) under subsection (a), if--
       ``(A) the requirements under that subsection are met with 
     respect to imports of a class or kind of merchandise; and
       ``(B) imports of the same or similar class or kind of 
     merchandise are or have been the subject of a concurrent 
     investigation or recently completed investigation; or
       ``(2) under subsection (b), if--
       ``(A) the determinations under clauses (i) and (ii) of 
     subsection (c)(1)(A) are affirmative with respect to imports 
     of a class or kind of merchandise; and
       ``(B) imports of the same or similar class or kind of 
     merchandise are or have been the subject of a concurrent 
     investigation or recently completed investigation.''.
       (b) Antidumping Duty Investigation.--Section 732 of the 
     Tariff Act of 1930 (19 U.S.C. 1673a) is amended by adding at 
     the end the following:
       ``(f) Initiation by Administering Authority of Successive 
     Antidumping Duty Investigation.--A successive investigation 
     shall be initiated--
       ``(1) under subsection (a), if--
       ``(A) the requirements under that subsection are met with 
     respect to imports of a class or kind of merchandise; and
       ``(B) imports of the same or similar class or kind of 
     merchandise are or have been the subject of a concurrent 
     investigation or recently completed investigation; or
       ``(2) under subsection (b), if--
       ``(A) the determinations under clauses (i) and (ii) of 
     subsection (c)(1)(A) are affirmative with respect to imports 
     of a class or kind of merchandise; and
       ``(B) imports of the same or similar class or kind of 
     merchandise are or have been the subject of a concurrent 
     investigation or recently completed investigation.''.

     SEC. 1713. ISSUANCE OF DETERMINATIONS WITH RESPECT TO 
                   SUCCESSIVE ANTIDUMPING AND COUNTERVAILING DUTY 
                   INVESTIGATIONS.

       (a) In General.--Subtitle D of title VII of the Tariff Act 
     of 1930 (19 U.S.C. 1677 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE 
                   INVESTIGATIONS.

       ``(a) In General.--Notwithstanding any other provision of 
     this title, the administering authority--
       ``(1) with respect to a successive investigation under 
     section 702(f)--
       ``(A) shall issue a preliminary determination under section 
     703(b) not later than 85 days after initiating the 
     investigation;
       ``(B) may not postpone under section 703(c) such deadline 
     for the issuance of a preliminary determination unless 
     requested by the petitioner;
       ``(C) shall obtain the information required for a 
     determination under section 703(e);
       ``(D) shall make a determination under section 703(e) with 
     respect to the investigation;
       ``(E) shall issue a final determination under section 
     705(a) not later than 75 days after issuing the preliminary 
     determination under subparagraph (A); and
       ``(F) shall extend the date of the final determination 
     under section 705(a) if requested by the petitioner; and
       ``(2) with respect to a successive investigation under 
     section 732(f)--
       ``(A) shall issue a preliminary determination under section 
     733(b) not later than 85 days after initiating the 
     investigation;
       ``(B) may not postpone under section 733(c) such deadline 
     for the issuance of a preliminary determination unless 
     requested by the petitioner;
       ``(C) shall obtain the information required for a 
     determination under section 733(e);
       ``(D) shall make a determination under section 733(e) with 
     respect to the investigation;
       ``(E) shall issue a final determination under section 
     735(a) not later than 75 days after issuing the preliminary 
     determination under subparagraph (A); and
       ``(F) may extend the date of the final determination under 
     section 735(a)(2).''.
       (b) Clerical Amendment.--The table of contents for the 
     Tariff Act of 1930 is amended by inserting after the item 
     relating to section 783 the following:

``Sec. 784. Determinations relating to successive investigations.''.

              Subtitle B--Responding to Market Distortions

     SEC. 1721. ADDRESSING CROSS-BORDER SUBSIDIES IN 
                   COUNTERVAILING DUTY INVESTIGATIONS.

       (a) Definitions.--
       (1) Countervailable subsidy.--Section 771 of the Tariff Act 
     of 1930 (19 U.S.C. 1677) is amended--
       (A) in paragraph (5)(B)--
       (i) in clause (i), by inserting after ``financial 
     contribution'' the following: ``or allows, explicitly or 
     otherwise, another authority to provide a financial 
     contribution''; and
       (ii) in the flush text after clause (iii), by striking 
     ``the country'' and inserting ``a country''; and
       (B) in paragraph (9)--
       (i) in subparagraph (B), by inserting after ``is exported'' 
     the following: ``or the authority (as defined in paragraph 
     (5)(B)) alleged to have provided subsidies to a producer of 
     an input of such merchandise'';
       (ii) in subparagraph (F), by striking ``, and'' and 
     inserting a semicolon;
       (iii) in subparagraph (G), in the flush text after clause 
     (iii), by striking the period at the end and inserting ``, 
     and''; and
       (iv) by adding at the end the following:
       ``(H) in any investigation or administrative review under 
     this title involving an allegation that a subsidy is provided 
     by an authority (as defined in paragraph (5)(B)) within the 
     territory of a country other than the country in which the 
     subject merchandise is produced, a foreign manufacturer, 
     producer, or exporter of an input used in the production of 
     the merchandise.''.
       (2) Upstream subsidy.--Section 771A(a)(1) of the Tariff Act 
     of 1930 (19 U.S.C. 1677-1(a)(1)) is amended by striking ``in 
     the same country as the authority''.
       (b) Initiation of Investigations.--Section 702(b)(4)(A)(i) 
     of the Tariff Act of 1930 (19 U.S.C. 1671a(b)(4)(A)(i)) is 
     amended by inserting after ``named in the petition'' the 
     following: ``(or, in the case of a petition containing an 
     allegation that a subsidy is provided by an authority (as 
     defined in section 771(5)(B)) within the territory of a 
     country other than the country in which the subject 
     merchandise is produced, the authority alleged to have 
     provided the subsidy)''.

     SEC. 1722. MODIFICATION OF DEFINITION OF ORDINARY COURSE OF 
                   TRADE TO SPECIFY THAT AN INSUFFICIENT QUANTITY 
                   OF FOREIGN LIKE PRODUCTS CONSTITUTES A 
                   SITUATION OUTSIDE THE ORDINARY COURSE OF TRADE.

       Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 
     1677(15)) is amended by adding at the end the following:
       ``(D) Situations in which the quantity of a foreign like 
     product selected for comparison under section 771(16) is 
     insufficient to establish a proper comparison to the export 
     price or constructed export price.''.

     SEC. 1723. MODIFICATION OF ADJUSTMENTS TO EXPORT PRICE AND 
                   CONSTRUCTED EXPORT PRICE WITH RESPECT TO DUTY 
                   DRAWBACK.

       Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 
     1677a(c)(1)(B)) is amended--

[[Page S5831]]

       (1) by striking ``any''; and
       (2) by inserting after ``United States'' the following: ``, 
     but that amount shall not exceed the per unit amount of such 
     duties contained in the weighted average cost of 
     production''.

     SEC. 1724. MODIFICATION OF DETERMINATION OF CONSTRUCTED VALUE 
                   TO INCLUDE DISTORTIONS OF COSTS THAT OCCUR IN 
                   FOREIGN COUNTRIES.

       (a) In General.--Section 773(b)(3) of the Tariff Act of 
     1930 (19 U.S.C. 1677b(b)(3)) is amended--
       (1) in subparagraph (A), by striking ``business'' and 
     inserting ``trade''; and
       (2) in the flush text after subparagraph (C), by inserting 
     before ``For purposes'' the following: ``For purposes of 
     subparagraph (A), if a particular market situation exists 
     such that the cost of materials and fabrication or other 
     processing of any kind does not accurately reflect the cost 
     of production in the ordinary course of trade, the 
     administering authority may use another calculation 
     methodology under this subtitle or any other calculation 
     methodology.''.
       (b) Modification of Definition of Ordinary Course of Trade 
     To Include Adjusted Costs.--Section 771(15)(C) of the Tariff 
     Act of 1930 (19 U.S.C. 1677(15)(C)) is amended--
       (1) by striking ``that the particular market situation 
     prevents'' and inserting ``that a particular market situation 
     exists that--
       ``(i) prevents'';
       (2) in clause (i), as designated by paragraph (1), by 
     striking the period at the end and inserting ``, relating to 
     normal value determined under subsection (a) of section 773; 
     or''; and
       (3) by adding at the end the following:
       ``(ii) distorts certain costs of production, relating to 
     normal value determined under subsections (b) and (e) of 
     section 773.''.

     SEC. 1725. SPECIAL RULES FOR CALCULATION OF COST OF 
                   PRODUCTION AND CONSTRUCTED VALUE TO ADDRESS 
                   DISTORTED COSTS.

       (a) In General.--Section 773(f)(2) of the Tariff Act of 
     1930 (19 U.S.C. 1677b(f)(2)) is amended--
       (1) by striking ``A transaction'' and inserting the 
     following:
       ``(A) In general.--A transaction''; and
       (2) by adding at the end the following:
       ``(B) Transactions with certain entities.--
       ``(i) In general.--If an input for subject merchandise is 
     produced by or acquired from a person or entity described in 
     clause (iii), the administering authority shall disregard 
     such production or acquisition as outside the ordinary course 
     of trade.
       ``(ii) Determination of amount.--If the production or 
     acquisition of an input is disregarded under clause (i) and 
     no other transactions are available for consideration, the 
     determination of the amount to be used to value the input 
     shall be based on the information available with respect to 
     what the amount would have been but for the participation of 
     the person or entity described in clause (iii) in the market 
     for the input or based on any other calculation methodology.
       ``(iii) Persons and entities described.--A person or entity 
     described in this clause is--

       ``(I) any person in a nonmarket economy country;
       ``(II) any person found to be receiving a subsidy;
       ``(III) any person found to have sold the input referred to 
     in clause (i) for less than fair market value into the 
     exporting country or any other country;
       ``(IV) an authority (as defined in section 771(5)(B)) 
     within the territory of the exporting country or any other 
     country; or
       ``(V) a group of authorities described in subclause (IV) 
     that collectively account for a meaningful share of the 
     production of the input.''.

                  Subtitle C--Preventing Circumvention

     SEC. 1731. MODIFICATION OF REQUIREMENTS IN CIRCUMVENTION 
                   INQUIRIES.

       (a) In General.--Section 781 of the Tariff Act of 1930 (19 
     U.S.C. 1677j) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Procedures for Conducting Circumvention Inquiries.--
       ``(1) Initiation by administering authority.--A 
     circumvention inquiry shall be initiated whenever the 
     administering authority determines, from information 
     available to it, that a formal inquiry is warranted into the 
     question of whether the elements necessary for a 
     determination under this section exist.
       ``(2) Initiation by inquiry request.--
       ``(A) In general.--A circumvention inquiry shall be 
     initiated whenever an interested party files an inquiry 
     request that alleges the elements necessary for a 
     determination under this section, accompanied by information 
     reasonably available to the requestor supporting those 
     allegations.
       ``(B) Rules.--The administering authority shall specify 
     requirements for the contents and service of an inquiry 
     request under subparagraph (A).
       ``(C) Acceptance of communications.--The administering 
     authority shall not accept any unsolicited oral or written 
     communication from any person other than the interested party 
     filing an inquiry request before the administering authority 
     decides whether to initiate an inquiry, except for 
     communications regarding the status of the consideration of 
     the inquiry request.
       ``(3) Action with respect to inquiry request.--Not later 
     than 20 days after the filing of an inquiry request under 
     paragraph (2)(A), the administering authority shall--
       ``(A) initiate a circumvention inquiry;
       ``(B) dismiss the inquiry request as inadequate and notify 
     the requestor in writing of the reasons for the dismissal; or
       ``(C) notify all interested parties that the inquiry 
     request will be addressed through a determination (other than 
     a determination under this section) by the administering 
     authority as to whether a particular type of merchandise is 
     within the class or kind of merchandise described in an 
     existing finding of dumping or an antidumping or 
     countervailing duty order.
       ``(4) Determinations.--
       ``(A) Preliminary determinations.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 90 days after the date on which the administering 
     authority initiates a circumvention inquiry under paragraph 
     (1) or (3)(A), the administering authority shall make a 
     preliminary determination, based on the information available 
     to it at the time of the determination, of whether there is a 
     reasonable basis to believe or suspect that the merchandise 
     subject to the inquiry is circumventing an existing finding 
     of dumping or an antidumping or countervailing duty order.
       ``(ii) Extension.--The administering authority may extend 
     the deadline under clause (i) by a period not to exceed 45 
     days.
       ``(B) Final determinations.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 120 days after issuing a preliminary determination 
     under subparagraph (A) with respect to a circumvention 
     inquiry, the administering authority shall make a final 
     determination of whether the merchandise subject to the 
     inquiry is circumventing an existing finding of dumping or an 
     antidumping or countervailing duty order.
       ``(ii) Extension.--The administering authority may extend 
     the deadline under clause (i) by a period not to exceed 60 
     days.
       ``(C) Other class or kind determinations.--If an inquiry 
     request under paragraph (2)(A) is addressed through a class 
     or kind determination described in paragraph (3)(C), the 
     administering authority shall make such determination not 
     later than 335 days after the filing of the inquiry request.
       ``(5) Rule of construction.--Nothing in this section shall 
     be construed to prevent the administering authority from 
     simultaneously initiating a circumvention inquiry under 
     paragraph (1) or (3)(A) and issuing a preliminary ruling 
     under paragraph (4)(A).''.
       (b) Suspension of Liquidation and Collection of Deposits of 
     Entries Subject to Circumvention Inquiry.--Section 781 of the 
     Tariff Act of 1930 is further amended by adding at the end 
     the following:
       ``(g) Suspension of Liquidation and Collection of Deposits 
     of Entries Subject to Circumvention Inquiry.--
       ``(1) In general.--If the administering authority initiates 
     a circumvention inquiry under paragraph (1) or (3)(A) of 
     subsection (f), the administering authority shall order--
       ``(A) the suspension, or continued suspension, of 
     liquidation of all entries of merchandise subject to the 
     circumvention inquiry; and
       ``(B) the posting of a cash deposit, at the prevailing all-
     others or country-wide rate, for each entry of merchandise 
     described in subparagraph (A).
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to prevent the administering authority from 
     applying the requirements under this subsection in a class or 
     kind determination described in subsection (f)(3)(C).''.
       (c) Country-Wide Application of Circumvention 
     Determination.--Section 781 of the Tariff Act of 1930 is 
     further amended by adding at the end the following:
       ``(h) Country-Wide Application of Circumvention 
     Determination.--
       ``(1) In general.--The administering authority shall apply 
     a determination described in paragraph (2) on a country-wide 
     basis unless it determines that application of that 
     determination to particular producers or exporters is 
     appropriate.
       ``(2) Determinations described.--A determination described 
     in this paragraph is any of the following:
       ``(A) A determination under subsection (a) with respect to 
     merchandise completed or assembled in the United States.
       ``(B) A determination under subsection (b) with respect to 
     merchandise completed or assembled in a foreign country.
       ``(C) A determination under subsection (c) with respect to 
     minor alteration of merchandise.
       ``(D) A determination under subsection (d) with respect to 
     later-developed merchandise.''.
       (d) Publication in the Federal Register.--Section 777(i) of 
     the Tariff Act of 1930 is amended by adding at the end the 
     following:
       ``(4) Circumvention inquiries.--Whenever the administering 
     authority makes a determination under section 781 whether to 
     initiate a circumvention inquiry or makes a preliminary or 
     final determination under subsection (f)(4) of that section, 
     the administering authority shall publish the facts and 
     conclusions supporting that determination and shall publish 
     notice of that determination in the Federal Register.''.
       (e) Adding Verification Responses in Circumvention 
     Inquiries.--Section 782(i) of the Tariff Act of 1930 (19 
     U.S.C. 1677m(i)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;

[[Page S5832]]

       (2) in paragraph (3)(B), by striking the period at the end 
     and inserting ``, and''; and
       (3) by adding at the end the following:
       ``(4) a final determination in a circumvention inquiry 
     conducted pursuant to section 781.''.

     SEC. 1732. REQUIREMENT OF PROVISION BY IMPORTER OF 
                   CERTIFICATION BY IMPORTER OR OTHER PARTY.

       (a) In General.--Subtitle D of title VII of the Tariff Act 
     of 1930 (19 U.S.C. 1677 et seq.), as amended by section 
     1713(a), is further amended by adding at the end the 
     following:

     ``SEC. 785. REQUIREMENT FOR CERTIFICATION BY IMPORTER OR 
                   OTHER PARTY.

       ``(a) Requirement.--
       ``(1) In general.--For imports of merchandise into the 
     customs territory of the United States, the administering 
     authority may require an importer or other party--
       ``(A) to provide a certification described in paragraph (2) 
     at the time of entry or with the entry summary;
       ``(B) to maintain that certification; or
       ``(C) to otherwise demonstrate compliance with the 
     requirements for that certification.
       ``(2) Certification described.--A certification described 
     in this paragraph is a certification by the importer of the 
     merchandise or other party, as required by the administering 
     authority, including a certification that--
       ``(A) the merchandise is not subject to an antidumping or 
     countervailing duty proceeding under this title; and
       ``(B) the inputs used in production, transformation, or 
     processing of the merchandise are not subject to an 
     antidumping or countervailing duty under this title.
       ``(3) Available upon request.--A certification required by 
     the administering authority under paragraph (1), if not 
     already provided, shall be made available upon request to the 
     administering authority or the Commissioner of U.S. Customs 
     and Border Protection (in this section referred to as the 
     `Commissioner').
       ``(b) Authority To Collect Cash Deposits and to Assess 
     Duties.--
       ``(1) In general.--If the administering authority requires 
     an importer or other party to provide a certification 
     described in paragraph (2) of subsection (a) for merchandise 
     imported into the customs territory of the United States 
     pursuant to paragraph (1) of that subsection, and the 
     importer or other party does not provide that certification 
     or that certification contains any false, misleading, or 
     fraudulent statement or representation or any material 
     omission, the administering authority shall instruct the 
     Commissioner--
       ``(A) to suspend liquidation of the entry;
       ``(B) to require that the importer or other party post a 
     cash deposit in an amount equal to the antidumping duty or 
     countervailing duty applicable to the merchandise; and
       ``(C) to assess the appropriate rate of duty upon 
     liquidation or reliquidation of the entry.
       ``(2) Assessment rate.--If no rate of duty for an entry is 
     available at the time of assessment under paragraph (1)(C), 
     the administering authority shall identify the applicable 
     cash deposit rate to be applied to the entry, with the 
     applicable duty rate to be provided as soon as the duty rate 
     becomes available.
       ``(c) Penalties.--If the administering authority requires 
     an importer or other party to provide a certification 
     described in paragraph (2) of subsection (a) for merchandise 
     imported into the customs territory of the United States 
     pursuant to paragraph (1) of that subsection, and the 
     importer or other party does not provide that certification 
     or that certification contains any false, misleading, or 
     fraudulent statement or representation or any material 
     omission, the importer of the merchandise may be subject to a 
     penalty pursuant to section 592 of this Act, section 1001 of 
     title 18, United States Code, or any other applicable 
     provision of law.''.
       (b) Clerical Amendment.--The table of contents for the 
     Tariff Act of 1930, as amended by section 1713(b), is further 
     amended by inserting after the item relating to section 784 
     the following:

``Sec. 785. Requirement for certification by importer or other 
              party.''.

     SEC. 1733. CLARIFICATION OF AUTHORITY FOR DEPARTMENT OF 
                   COMMERCE REGARDING MERCHANDISE COVERED BY 
                   ANTIDUMPING AND COUNTERVAILING DUTY 
                   PROCEEDINGS.

       (a) Coverage by Antidumping or Countervailing Duty 
     Proceeding.--To determine whether merchandise imported into 
     the United States is covered by an antidumping or 
     countervailing duty proceeding under title VII of the Tariff 
     Act of 1930 (19 U.S.C. 1671 et seq.), the administering 
     authority may use any reasonable method and is not bound by 
     the determinations of any other Federal agency, including 
     tariff classification and country of origin marking rulings 
     issued by the Commissioner of U.S. Customs and Border 
     Protection.
       (b) Origin of Merchandise.--To determine the origin of 
     merchandise for purposes of an antidumping or countervailing 
     duty proceeding under title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.), the administering authority may apply 
     any reasonable method and may consider relevant factors, 
     including--
       (1) whether the upstream and downstream products are within 
     the same class or kind of merchandise;
       (2) whether the merchandise, or an essential component 
     thereof, is substantially transformed in the country of 
     exportation;
       (3) the extent to which the merchandise is processed; or
       (4) any other factors that the administering authority 
     considers appropriate.
       (c) Administering Authority Defined.--In this section, the 
     term ``administering authority'' has the meaning given that 
     term in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 
     1677(1)).

     SEC. 1734. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT 
                   IMPORTERS.

       (a) In General.--Part III of title IV of the Tariff Act of 
     1930 (19 U.S.C. 1481 et seq.) is amended by inserting after 
     section 484b the following:

     ``SEC. 484. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT 
                   IMPORTERS.

       ``(a) Definitions.--In this section:
       ``(1) Importer; nonresident importer.--The terms `importer' 
     and `nonresident importer' have the meanings given those 
     terms in section 641(i).
       ``(2) Resident importer.--The term `resident importer' 
     means any importer other than a nonresident importer.
       ``(b) Requirements for Nonresident Importers.--Except as 
     provided in subsection (c), the Commissioner of U.S. Customs 
     and Border Protection shall--
       ``(1) require a nonresident importer that imports 
     merchandise into the United States to maintain assets in the 
     United States sufficient to pay all duties that may 
     potentially be applied to the merchandise; and
       ``(2) require a bond with respect to the merchandise in an 
     amount sufficient to ensure full liability on the part of a 
     nonresident importer and the surety of the importer based on 
     the amount of assets the Commissioner determines to be 
     sufficient under subsection (c).
       ``(c) Determination of Amount of Assets Required To Be 
     Maintained.--For purposes of subsection (b)(1), the 
     Commissioner shall calculate the amount of assets sufficient 
     to pay all duties that may potentially be applied to 
     merchandise imported by a nonresident importer based on an 
     amount that exceeds the amount, calculated using the fair 
     market value of the merchandise, of all duties, fees, 
     interest, taxes, or other charges, and all deposits for 
     duties, fees, interest, taxes, or other charges, that would 
     apply with respect to the merchandise if the merchandise were 
     subject to the highest rate of duty applicable to such 
     merchandise imported from any country.
       ``(d) Maintenance of Assets in the United States.--
       ``(1) In general.--For purposes of subsection (b)(1), a 
     nonresident importer of merchandise meets the requirement to 
     maintain assets in the United States if the importer has 
     clear title, at all times between the entry of the 
     merchandise and the liquidation of the entry, to assets 
     described in paragraph (2) with a value equal to the amount 
     determined under subsection (c).
       ``(2) Assets described.--An asset described in this 
     paragraph is--
       ``(A) an asset held by a United States financial 
     institution;
       ``(B) an interest in an entity organized under the laws of 
     the United States or any jurisdiction within the United 
     States; or
       ``(C) an interest in real or personal property located in 
     the United States or any territory or possession of the 
     United States.
       ``(e) Exceptions.--The requirements of this section shall 
     not apply with respect to a nonresident importer--
       ``(1) that is a validated Tier 2 or Tier 3 participant in 
     the Customs-Trade Partnership Against Terrorism program 
     established under subtitle B of title II of the Security and 
     Accountability For Every Port Act of 2006 (6 U.S.C. 961 et 
     seq.); or
       ``(2) if the Commissioner is satisfied, based on certified 
     information supplied by the importer and any other relevant 
     evidence, that the Commissioner has the same or equivalent 
     ability to collect all duties that may potentially be applied 
     to merchandise imported by the importer as the Commissioner 
     would have if the importer were a resident importer.
       ``(f) Procedures.--The Commissioner shall prescribe 
     procedures for assuring that nonresident importers maintain 
     the assets required by subsection (b).
       ``(g) Penalties.--
       ``(1) In general.--It shall be unlawful for any person to 
     import into the United States any merchandise in violation of 
     this section.
       ``(2) Civil penalties.--Any person who violates paragraph 
     (1) shall be liable for a civil penalty of $50,000 for each 
     such violation.
       ``(3) Other penalties.--In addition to the penalties 
     specified in paragraph (2), any violation of this section 
     that violates any other provision of the customs and trade 
     laws of the United States (as defined in section 2 of the 
     Trade Facilitation and Trade Enforcement Act of 2015 (19 
     U.S.C. 4301)) shall be subject to any applicable civil or 
     criminal penalty, including seizure and forfeiture, that may 
     be imposed under that provision or title 18, United States 
     Code.''.
       (b) Clerical Amendment.--The table of contents for the 
     Tariff Act of 1930 is amended by inserting after the item 
     relating to section 484b the following:

``Sec. 484c. Asset requirements applicable to nonresident importers.''.
       (c) Effective Date.--Section 484c of the Tariff Act of 
     1930, as added by subsection (a)--
       (1) takes effect on the date of the enactment of this Act; 
     and

[[Page S5833]]

       (2) applies with respect to merchandise entered, or 
     withdrawn from warehouse for consumption, on or after the 
     date that is 180 days after such date of enactment.

             Subtitle D--Countering Currency Undervaluation

     SEC. 1741. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION 
                   UNDER COUNTERVAILING DUTY LAW.

       Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 
     1671a(c)) is amended by adding at the end the following:
       ``(6) Currency undervaluation.--For purposes of a 
     countervailing duty investigation under this subtitle in 
     which the determinations under clauses (i) and (ii) of 
     paragraph (1)(A) are affirmative and the petition includes an 
     allegation of currency undervaluation by the government of a 
     country or any public entity within the territory of a 
     country that meets the requirements of clause (i) of that 
     paragraph, or for purposes of a review under subtitle C with 
     respect to a countervailing duty order involving such an 
     allegation, the administering authority shall examine in its 
     investigation or review whether currency undervaluation by 
     the government of a country or any public entity within the 
     territory of a country is providing, directly or indirectly, 
     a countervailable subsidy.''.

     SEC. 1742. DETERMINATION OF BENEFIT WITH RESPECT TO CURRENCY 
                   UNDERVALUATION.

       Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
     1677(5)(E)) is amended--
       (1) in clause (iii), by striking ``, and'' and inserting a 
     comma;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``, and'';
       (3) by inserting after clause (iv) the following:
       ``(v) in the case of a transaction involving currency, if 
     there is a difference between the amount of currency received 
     in exchange for United States dollars and the amount of 
     currency that the recipient would have received absent an 
     undervalued currency.''; and
       (4) in the flush text following clause (v), as added by 
     paragraph (3), by adding at the end the following: ``For 
     purposes of clause (v), a determination of the existence and 
     amount of a benefit from the exchange of an undervalued 
     currency shall take into account a comparison of the exchange 
     rates derived from a methodology determined by the 
     administering authority to be appropriate in light of the 
     facts and circumstances to the relevant actual exchange 
     rates. That determination shall rely on authoritative 
     information that is on the administrative record.''.

                     Subtitle E--General Provisions

     SEC. 1751. APPLICATION TO CANADA AND MEXICO.

       Pursuant to section 418 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4588), the amendments 
     made by this title apply with respect to goods from Canada 
     and Mexico.

     SEC. 1752. EFFECTIVE DATE.

       (a) In General.--Except as provided by subsection (b) or 
     (c), the amendments made by this title apply to 
     countervailing duty investigations initiated under subtitle A 
     of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
     seq.), antidumping duty investigations initiated under 
     subtitle B of title VII of such Act (19 U.S.C. 1673 et seq.), 
     reviews initiated under subtitle C of title VII of such Act 
     (19 U.S.C. 1675 et seq.), and circumvention inquiries 
     requested under section 781 of such Act (19 U.S.C. 1677j), on 
     or after the date of the enactment of this Act.
       (b) Applicability.--
       (1) In general.--The amendments made by this title apply 
     to--
       (A) investigations or reviews under title VII of the Tariff 
     Act of 1930 pending on the date of the enactment of this Act 
     if the date on which the fully extended preliminary 
     determination is scheduled is not earlier than 45 days after 
     such date of enactment;
       (B) circumvention inquiries initiated under section 781 of 
     such Act before and pending on such date of enactment; and
       (C) circumvention inquiries requested under section 781 of 
     such Act but not initiated before such date of enactment.
       (2) Deadlines for circumvention inquiries.--
       (A) Determinations.--In this case of a circumvention 
     inquiry described in paragraph (1)(B), subsection (f)(4) of 
     section 781 of the Tariff Act of 1930, as amended by section 
     1731(a), shall be applied and administered--
       (i) in subparagraph (A)(i), by substituting ``the date of 
     the enactment of the Eliminating Global Market Distortions To 
     Protect American Jobs Act of 2022'' for ``the date on which 
     the administering authority initiates a circumvention inquiry 
     under paragraph (1) or (3)(A)''; and
       (ii) in subparagraph (C), by substituting ``the date of the 
     enactment of the Eliminating Global Market Distortions To 
     Protect American Jobs Act of 2022'' for ``the filing of the 
     inquiry request''.
       (B) Actions with respect to inquiry requests.--In this case 
     of a circumvention inquiry described in paragraph (1)(C), the 
     administering authority (as defined in section 771(1) of the 
     Tariff Act of 1930 (19 U.S.C. 1677(1))) shall, not later than 
     20 days after the date of the enactment of this Act, take an 
     action described in subsection (f)(3) of section 781 of the 
     Tariff Act of 1930, as amended by section 1731(a), with 
     respect to the inquiry.
       (c) Retroactive Application of Modification of Sales Below 
     Cost Provision.--Section 773(b)(3) of the Tariff Act of 1930 
     (19 U.S.C. 1677b(b)(3)), as amended by section 1724(a), 
     applies to--
       (1) antidumping duty investigations initiated under 
     subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 
     1673 et seq.) on or after June 29, 2015;
       (2) reviews initiated under subtitle C of title VII of such 
     Act (19 U.S.C. 1675 et seq.) on or after June 29, 2015;
       (3) resulting actions by U.S. Customs and Border 
     Protection; and
       (4) civil actions, criminal proceedings, and other 
     proceedings before a Federal court relating to proceedings 
     referred to in paragraphs (1) or (2) or actions referred to 
     in paragraph (3) in which final judgment has not been entered 
     on the date of the enactment of this Act.
                                 ______
                                 
  SA 6336. Mr. BROWN (for himself, Mr. Durbin, Mr. Padilla, and Mr. 
Grassley) submitted an amendment intended to be proposed to amendment 
SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended 
to be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel 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. TRAINING REGARDING THE USE OF CONTAINMENT DEVICES 
                   TO PREVENT POTENTIAL SYNTHETIC OPIOID EXPOSURE.

       (a) Short Titles.--This section may be cited as the 
     ``Prevent Exposure to Narcotics and Toxins Act of 2022'' or 
     the ``PREVENT Act of 2022''.
       (b) Training.--Section 416(b)(1) of the Homeland Security 
     Act of 2002 (6 U.S.C. 216(b)(1)) is amended by adding at the 
     end the following:
       ``(C) How to use containment devices to prevent potential 
     synthetic opioid exposure.''.
       (c) Availability of Containment Devices.--Section 416(c) of 
     such Act (6 U.S.C. 216(c)) is amended--
       (1) in the subsection heading, by inserting ``, Containment 
     Devices,'' after ``Equipment''; and
       (2) by striking ``and opioid receptor antagonists, 
     including naloxone'' and inserting ``, opioid receptor 
     antagonists, including naloxone, and containment devices''.
       (d) Applicability to Other Components.--If the Secretary of 
     Homeland Secretary determines that officers, agents, other 
     personnel, or canines of a component of the Department of 
     Homeland Security other than U.S. Customs and Border 
     Protection are at risk of potential synthetic opioid exposure 
     in the course of their duties, the head of such component 
     shall carry out the responsibilities under section 416 of the 
     Homeland Security Act of 2002 (6 U.S.C. 216) in the same 
     manner and to the same degree as the Commissioner of U.S. 
     Customs and Border Protection carries out such 
     responsibilities.
                                 ______
                                 
  SA 6337. 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:

     SEC. __. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL SECURITY 
                   INCOME PROGRAM.

       (a) Update in Resource Limit for Individuals and Couples.--
     Section 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is 
     amended--
       (1) in subparagraph (A), by striking ``$2,250'' and all 
     that follows through the end of the subparagraph and 
     inserting ``$20,000 in calendar year 2022, and shall be 
     increased as described in section 1617(d) for each subsequent 
     calendar year.''; and
       (2) in subparagraph (B), by striking ``$1,500'' and all 
     that follows through the end of the subparagraph and 
     inserting ``$10,000 in calendar year 2022, and shall be 
     increased as described in section 1617(d) for each subsequent 
     calendar year.''.
       (b) Inflation Adjustment.--Section 1617 of such Act (42 
     U.S.C. 1382f) is amended--
       (1) in the section heading, by inserting ``; inflation 
     adjustment'' after ``benefits''; and
       (2) by adding at the end the following:
       ``(d) In the case of any calendar year after 2022, each of 
     the amounts specified in section 1611(a)(3) shall be 
     increased by multiplying each such amount by the quotient 
     (not less than 1) obtained by dividing--
       ``(1) the average of the consumer price index for all urban 
     consumers (all items; United States city average, as 
     published by the Bureau of Labor Statistics of the Department 
     of Labor) for the 12-month period ending with September of 
     the preceding calendar year, by

[[Page S5834]]

       ``(2) such average for the 12-month period ending with 
     September 2021.''.
                                 ______
                                 
  SA 6338. Mr. LUJAN (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:


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

  
  On page S5834, September 29, 2022, in the first column, the 
following appears: SA 6339. Ms. HASSAN submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr.
  
  The online Record has been corrected to read: SA 6338. Mr. LUJAN 
(for himself and Mr. GRAHAM) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr.


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


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

     SEC. 1531. AUTHORIZATION OF WORKFORCE DEVELOPMENT AND 
                   TRAINING PARTNERSHIP PROGRAMS WITHIN NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION.

       (a) In General.--The Administrator for Nuclear Security may 
     authorize management and operating contractors at covered 
     facilities to develop and implement workforce development and 
     training partnership programs with covered institutions to 
     further the education and training of employees or 
     prospective employees of such management and operating 
     contractors in order to meet the requirements of section 4219 
     of the Atomic Energy Defense Act (50 U.S.C. 2538a).
       (b) Capacity.--To carry out subsection (a), a management 
     and operating contractor at a covered facility may provide to 
     a covered institution funding through grants or other means 
     to cover the costs of the development and implementation of a 
     workforce development and training partnership program 
     authorized under subsection (a), including costs related to 
     curriculum development, hiring of teachers, procurement of 
     equipment and machinery, use of facilities or other 
     properties, and provision of scholarships and fellowships.
       (c) Definitions.--In this section:
       (1) Covered institution.--The term ``covered institution'' 
     means--
       (A) a historically Black college or university;
       (B) a Hispanic-serving institution; or
       (C) a Tribal College or University.
       (2) Covered facility.--The term ``covered facility'' 
     means--
       (A) Los Alamos National Laboratory, Los Alamos, New Mexico; 
     or
       (B) the Savannah River Site, Aiken, South Carolina.
       (3) Hispanic-serving institution.--The term ``Hispanic-
     serving institution'' has the meaning given that 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'' has the meaning 
     given the term ``part B institution'' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       (5) Prospective employee.--The term ``prospective 
     employee'' means an individual who has applied or who, based 
     on their field of study and experience, is likely to apply 
     for a position of employment with a management and operating 
     contractor to support plutonium pit production at a covered 
     facility.
       (6)  Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given that term in 
     section 316 of the Higher Education Act of 1965 (20 U.S.C. 
     1059c).
                                 ______
                                 
  SA 6339. 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:


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

  
  On page S5834, September 29, 2022, in the second column, the 
following appears: SA 6338. Mr. LUJAN (for himself and Mr. GRAHAM) 
submitted an amendment intended to be proposed to amendment
  
  The online Record has been corrected to read: SA 6339. Ms. 
HASSAN submitted an amendment intended to be proposed to amendment


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


        At the end of title X, add the following:

           Subtitle H--Manufacturing Security and Resilience

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Improving American 
     Security through Manufacturing Resilience/Strengthening 
     American Manufacturing and Supply Chain Resiliency Act of 
     2022''.

     SEC. 1082. DEFINITIONS.

       In this subtitle:
       (1) Ally or key international partner.--The term ``ally or 
     key international partner'' does not include--
       (A) a country that poses a significant national security or 
     economic security risk to the United States; or
       (B) a country of concern.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Manufacturing 
     and Resilience, who is appointed pursuant to section 1083(c).
       (3) Country of concern.--The term ``country of concern'' 
     means a country--
       (A) in which a concentrated supply chain is located; and
       (B)(i) that poses a significant national security or 
     economic security threat to the United States;
       (ii) that is a covered nation, as that term is defined in 
     section 2533c(d) of title 10, United States Code; or
       (iii) the government of which, or elements of such 
     government, has proven to have, or has been credibly alleged 
     to have, committed crimes against humanity or genocide.
       (4) Covered supply chain.--The term ``covered supply 
     chain'' means a supply chain with respect to a critical good.
       (5) Covered western hemisphere countries.--The term 
     ``covered Western Hemisphere countries'' means the following 
     countries:
       (A) Anguilla.
       (B) Antigua and Barbuda.
       (C) Argentina.
       (D) Aruba.
       (E) The Bahamas.
       (F) Barbados.
       (G) Belize.
       (H) Bermuda.
       (I) Bolivia.
       (J) Brazil.
       (K) The British Virgin Islands.
       (L) Canada.
       (M) Chile.
       (N) Colombia.
       (O) Costa Rica.
       (P) Dominica.
       (Q) The Dominican Republic.
       (R) Ecuador.
       (S) El Salvador.
       (T) Grenada.
       (U) Guatemala.
       (V) Guyana.
       (W) Haiti.
       (X) Honduras.
       (Y) Jamaica.
       (Z) Mexico.
       (AA) Montserrat.
       (BB) Panama.
       (CC) Paraguay.
       (DD) Peru.
       (EE) Saint Kitts and Nevis.
       (FF) Saint Lucia.
       (GG) Saint Vincent and the Grenadines.
       (HH) Suriname.
       (II) Trinidad and Tobago.
       (JJ) Turks and Caicos Islands.
       (KK) Uruguay.
       (LL) The sovereign government recognized by the United 
     States in Venezuela.
       (6) Critical good.--The term ``critical good'' means any 
     raw, in process, or manufactured material (including any 
     mineral, metal, or advanced processed material), article, 
     commodity, supply, product, or item of supply, the absence of 
     which would have a significant effect on--
       (A) the national security or economic security of the 
     United States; and
       (B) critical infrastructure.
       (7) Critical industry.--The term ``critical industry'' 
     means an industry that is critical for the national security 
     or economic security of the United States, taking into 
     consideration key technology focus areas and critical 
     infrastructure.
       (8) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in the 
     Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
     5195c).
       (9) Domestic enterprise.--The term ``domestic enterprise'' 
     means an enterprise that conducts business in the United 
     States and procures a critical good.
       (10) Domestic manufacturer.--The term ``domestic 
     manufacturer'' means a business that--
       (A) conducts in the United States the research and 
     development, engineering, or production activities necessary 
     or incidental to manufacturing; or
       (B) if provided a grant, loan, loan guarantee, or equity 
     investment under section 1086, will conduct in the United 
     States the research and development, engineering, or 
     production activities necessary or incidental to 
     manufacturing.
       (11) Economically distressed area.--The term ``economically 
     distressed area'' means an area that meets 1 or more of the 
     criteria described in section 301(a) of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3161(a)).
       (12) Eligible activity.--The term ``eligible activity'' 
     means an activity described in section 1086(c).
       (13) Eligible entity.--The term ``eligible entity'' means 
     an entity described in section 1086(d).
       (14) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (15) Industrial equipment.--The term ``industrial 
     equipment'' means any component, subsystem, system, 
     equipment, tooling, accessory, part, or assembly necessary 
     for the manufacturing of a critical good.
       (16) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (17) Key technology focus area.--The term ``key technology 
     focus area'' means any of the following:
       (A) Artificial intelligence, machine learning, autonomy, 
     and related advances.
       (B) High performance computing, semiconductors, and 
     advanced computer hardware and software.
       (C) Quantum information science and technology.
       (D) Robotics, automation, and advanced manufacturing.

[[Page S5835]]

       (E) Natural and anthropogenic disaster prevention or 
     mitigation.
       (F) Advanced communications technology, including optical 
     transmission components and immersive technology.
       (G) Biotechnology, medical technology, genomics, and 
     synthetic biology.
       (H) Data storage, data management, distributed ledger 
     technologies, and cybersecurity, including biometrics.
       (I) Advanced energy and industrial efficacy technologies, 
     such as batteries, advanced nuclear technologies, and 
     polysilicon for use in solar photovoltaics, including for the 
     purposes of electric generation (consistent with section 15 
     of the National Science Foundation Act of 1950 (42 U.S.C. 
     1874)).
       (J) Advanced materials science, including composites and 2D 
     materials and equipment, aerospace grade metals, and 
     aerospace specific manufacturing enabling chemicals.
       (18) Labor organization.--The term ``labor organization'' 
     means--
       (A) a labor organization, as defined in section 2(5) of the 
     National Labor Relations Act (29 U.S.C. 152(5));
       (B) any organization that would be included under 
     subparagraph (A) but for the fact that the organization 
     represents--
       (i) individuals employed by the United States, any wholly 
     owned Government corporation, any Federal Reserve Bank, or 
     any State (or political subdivision of a State);
       (ii) individuals employed by persons subject to the Railway 
     Labor Act (45 U.S.C. 151 et seq.); or
       (iii) individuals employed as agricultural laborers; and
       (C) any organization composed of organizations described in 
     subparagraph (A) or (B), such as a labor federation or a 
     State or municipal labor body.
       (19) Lender.--The term ``lender'' means any non-Federal 
     qualified institutional buyer, as that term is defined in 
     section 230.144A(a) of title 17, Code of Federal Regulations, 
     or any successor regulation.
       (20) Loan.--The term ``loan''--
       (A) means a direct loan or other debt obligation issued by 
     the Assistant Secretary to an eligible entity under section 
     1086; and
       (B) includes the provision of equity capital by a 
     manufacturing investment company to an eligible entity under 
     subsection (k) of section 1086 using amounts made available 
     by the Assistant Secretary to the manufacturing investment 
     company under that section.
       (21) Loan guarantee.--The term ``loan guarantee'' means any 
     guarantee or other pledge by the Assistant Secretary under 
     section 1086 to pay all or part of the principal of, and 
     interest on, a loan or other debt obligation entered into by 
     an eligible entity or a manufacturing investment company and 
     funded by a lender.
       (22) Manufacture.--The term ``manufacture'' means to take 
     any activity that is necessary for, or incidental to, the 
     development, production, processing, distribution, or 
     delivery of any raw, in process, or manufactured material 
     (including any mineral, metal, and advanced processed 
     material), article, commodity, supply, product, critical 
     good, or item of supply.
       (23) Manufacturing facility.--The term ``manufacturing 
     facility'' means any type of building, structure, or real 
     property necessary or incidental to the manufacturing of a 
     critical good.
       (24) Manufacturing investment company.--The term 
     ``manufacturing investment company'' means an incorporated 
     body, a limited liability company, or a limited partnership, 
     including a consortium of public and private entities, 
     organized and chartered or otherwise existing under State 
     law.
       (25) Manufacturing technology.--The term ``manufacturing 
     technology'' means a technology that is necessary or 
     incidental to the manufacturing of a critical good.
       (26) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from taxation under section 501(a) of such Code.
       (27) Office.--The term ``Office'' means the Office of 
     Manufacturing Security and Resilience established under 
     section 1083.
       (28) Offshore.--The term ``offshore'' means to transfer or 
     relocate manufacturing capacity that is occurring, or 
     otherwise would occur, in the United States to another 
     country.
       (29) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means the following:
       (A) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (B) The Committee on Appropriations of the Senate.
       (C) The Committee on Finance of the Senate.
       (D) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (E) The Committee on Armed Services of the Senate.
       (F) The Committee on Energy and Natural Resources of the 
     Senate.
       (G) The Select Committee on Intelligence of the Senate.
       (H) The Committee on Science, Space, and Technology of the 
     House of Representatives.
       (I) The Committee on Energy and Commerce of the House of 
     Representatives.
       (J) The Committee on Appropriations of the House of 
     Representatives.
       (K) The Committee on Ways and Means of the House of 
     Representatives.
       (L) The Committee on Homeland Security of the House of 
     Representatives.
       (M) The Committee on Armed Services of the House of 
     Representatives.
       (N) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (30) Resilient supply chain.--The term ``resilient supply 
     chain'' means a covered supply chain that--
       (A) ensures that the United States can sustain critical 
     industry production, supply chains, services, and access to 
     critical goods, industrial equipment, and manufacturing 
     technology during a supply chain shock; and
       (B) has key components of resilience that include--
       (i) effective private sector risk management and mitigation 
     planning to sustain supply chains and supplier networks 
     during a supply chain shock;
       (ii) minimized or managed exposure to a supply chain shock; 
     and
       (iii) the financial and operational capacity to--

       (I) sustain supply chains during a supply chain shock; and
       (II) recover from a supply chain shock.

       (31) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (32) Small business concern.--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)).
       (33) State.--The term ``State'' means each State of the 
     United States, the District of Columbia, American Samoa, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.
       (34) Supply chain.--The term ``supply chain''--
       (A) means a domestic or international network that provides 
     the goods and services needed to deliver a finished product 
     to end users; and
       (B) includes the exploration, mining, concentration, 
     alloying, recycling, and reprocessing of minerals in order to 
     carry out the activities described in subparagraph (A).
       (35) Supply chain information.--The term ``supply chain 
     information'' means information that--
       (A) is not customarily in the public domain; and
       (B) relates to--
       (i) sustaining and adapting covered supply chains during a 
     supply chain shock;
       (ii) covered supply chain risk mitigation and recovery 
     planning with respect to a supply chain shock, including any 
     planned or past assessment, projection, or estimate of a 
     vulnerability within a covered supply chain, including 
     testing, supplier network assessments, production 
     flexibility, risk evaluations, risk management planning, or 
     risk audits; or
       (iii) operational best practices, planning, and supplier 
     partnerships that enable enhanced resilience of supply chains 
     during a supply chain shock, including response, repair, 
     recovery, reconstruction, insurance, or continuity with 
     respect to those supply chains.
       (36) Supply chain shock.--The term ``supply chain shock'' 
     includes a disruption to a supply chain that is caused by any 
     of the following:
       (A) A natural disaster or extreme weather event.
       (B) An accidental or human-caused event.
       (C) An economic disruption.
       (D) A pandemic.
       (E) A biological threat.
       (F) A cyber attack.
       (G) A great power conflict.
       (H) A terrorist or geopolitical attack.
       (I) A public health emergency declared by the Secretary of 
     Health and Human Services pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d).
       (J) An event for which the President declares a major 
     disaster or an emergency under section 401 or 501, 
     respectively, of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170, 5191).
       (K) A national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.).
       (L) Any other supply chain disruption or threat that 
     affects the national security or economic security of the 
     United States.
       (37) Tribal government.--The term ``Tribal government'' 
     means the governing body of a federally recognized Indian 
     Tribe, an Alaska Native Tribal entity, or a Native Hawaiian 
     community.

     SEC. 1083. OFFICE OF MANUFACTURING SECURITY AND RESILIENCE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish 
     within the Department of Commerce the Office of Manufacturing 
     Security and Resilience.
       (b) Mission.--The mission of the Office shall be the 
     following:
       (1) Help to promote the leadership of the United States 
     with respect to critical industries and covered supply chains 
     that--
       (A) strengthen the national security of the United States; 
     and
       (B) have a significant effect on the economic security of 
     the United States.
       (2) Encourage a Governmentwide approach through 
     partnerships and collaboration with the private sector, labor 
     organizations, the governments of countries that are allies 
     or key international partners of the United States, States 
     (or political subdivisions of States), and Tribal governments 
     in order to--

[[Page S5836]]

       (A) promote the resilience of covered supply chains; and
       (B) identify, prepare for, and respond to supply chain 
     shocks to--
       (i) critical industries; and
       (ii) covered supply chains.
       (3) Monitor the resilience, diversity, security, and 
     strength of covered supply chains and critical industries.
       (4) Support the availability of critical goods from 
     domestic manufacturers, domestic enterprises, and 
     manufacturing operations in the United States and in 
     countries that are allies or key international partners.
       (5) Assist the Federal Government in preparing for, and 
     responding to, supply chain shocks, including by improving 
     the flexible manufacturing capacities and capabilities in the 
     United States.
       (6) Encourage and incentivize the reduced reliance of 
     domestic enterprises and domestic manufacturers on critical 
     goods from countries of concern.
       (7) Encourage the relocation of manufacturing facilities 
     that manufacture critical goods from countries of concern to 
     the United States, and to countries that are allies and key 
     international partners, to strengthen the resilience, 
     diversity, security, and strength of covered supply chains.
       (8) Support the creation of jobs with competitive wages in 
     the United States manufacturing sector.
       (9) Encourage manufacturing growth and opportunities in 
     economically distressed areas and underserved communities in 
     the United States.
       (10) Promote the health of the economy of the United States 
     and the competitiveness of manufacturing in the United 
     States.
       (11) Coordinate executive branch actions necessary to carry 
     out the functions described in paragraphs (1) through (10).
       (c) Assistant Secretary of the Office.--
       (1) Appointment and term.--The head of the Office shall be 
     the Assistant Secretary of Commerce for Manufacturing and 
     Resilience, who--
       (A) shall be appointed by the President, by and with the 
     advice and consent of the Senate, for a term of not more than 
     5 years; and
       (B) may function, and be referred to, as the United States 
     Chief Manufacturing Officer.
       (2) Pay.--The Assistant Secretary shall be compensated at 
     the annual rate of basic pay in effect for level II of the 
     Executive Schedule under section 5313 of title 5, United 
     States Code.
       (3) Administrative authorities.--The Assistant Secretary 
     may appoint officers and employees in accordance with chapter 
     51 and subchapter III of chapter 53 of title 5, United States 
     Code.

     SEC. 1084. UNITED STATES STRATEGY TO COUNTER THREATS TO 
                   COVERED SUPPLY CHAINS.

       (a) In General.--In accordance with Executive Order 14017 
     (86 Fed. Reg. 11849; relating to America's supply chains), 
     the Assistant Secretary shall, not later than 1 year after 
     the date of enactment of this Act, develop and implement a 
     strategy taking a Governmentwide approach to support the 
     resilience, diversity, security, and strength of supply 
     chains.
       (b) Elements.--The strategy required under subsection (a) 
     shall include the following:
       (1) A plan to do the following:
       (A) Execute a unified national effort to reduce reliance on 
     concentrated supply chains and protect against threats from 
     countries of concern relating to covered supply chains.
       (B) Support sufficient access to critical goods by 
     mitigating supply chain vulnerabilities, including covered 
     supply chains concentrated in countries of concern.
       (C) Collaborate with other relevant Federal agencies to 
     assist allies or key international partners build capacity 
     for manufacturing critical goods.
       (D) Incentivize (through grants, loans, loan guarantees, 
     and equity investment authorized under section 1086) and 
     identify tax incentives, trade preferences, or other means, 
     as appropriate--
       (i) for domestic manufacturers that manufacture critical 
     goods to--

       (I) relocate manufacturing facilities, industrial 
     equipment, or operations relating to the manufacturing of 
     critical goods from countries of concern to the United States 
     or to other allies or key international partners; and
       (II) support manufacturing facilities, industrial 
     equipment, or operations to increase the manufacturing of 
     critical goods and meet demand for critical goods; and

       (ii) for domestic manufacturers that do not manufacture 
     critical goods to make necessary or appropriate modifications 
     to existing manufacturing facilities, industrial equipment, 
     manufacturing technology, or operations in order to 
     manufacture 1 or more critical goods.
       (E) Describe the manner and processes through which the 
     Assistant Secretary will implement the program under section 
     1086, including through consultation with, or requests for 
     information from, the heads of any relevant Federal agencies, 
     including those with jurisdiction over covered supply chains, 
     for the purposes of ensuring the program authorized under 
     section 1086--
       (i) supports the resilience, diversity, security, and 
     strength of a covered supply chain; and
       (ii) meets the national security and economic security 
     needs of the United States.
       (F) Strengthen and increase trade through new and revised 
     trade agreements and other forms of engagement between the 
     United States, and allies or key international partners, in 
     order to mitigate--
       (i) covered supply chain vulnerabilities; and
       (ii) the effects of supply chain shocks.
       (G) Recover from supply chain shocks.
       (H) Identify, in coordination with other relevant Federal 
     agencies, actions relating to supply chains through which, by 
     taking, the United States might--
       (i) raise living standards;
       (ii) increase employment opportunities;
       (iii) address the underlying causes of irregular migration; 
     and
       (iv) improve critical industry supply chain response to 
     supply chain shocks.
       (I) Protect against supply chain shocks from countries of 
     concern relating to covered supply chains.
       (J) Provide recommendations to effectuate the strategy 
     under this section.
       (2) An assessment of the following:
       (A) The extent to which any office or bureau within the 
     Department of Commerce has duties, responsibilities, 
     resources, or expertise that support or duplicate the mission 
     of the Office.
       (B) The purpose of each office and bureau identified under 
     subparagraph (A).
       (C) Whether the Assistant Secretary will coordinate with 
     each office and bureau identified under subparagraph (A) in 
     implementing the requirements of this subtitle.
       (D) If the Assistant Secretary makes a positive 
     determination under subparagraph (C), the effectiveness and 
     efficiency of the Assistant Secretary, and each office and 
     bureau described in that subparagraph, in implementing the 
     requirements of this subtitle.
       (3) Recommendations, if applicable and consistent with the 
     objectives of this subtitle, on consolidating functions 
     amongst the Office and each such office and bureau identified 
     under paragraph (2)(A).
       (c) Submission of Strategy.--
       (1) In general.--Not later than 450 days after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives, and publish on the website of the 
     Office, a report containing the strategy developed under this 
     section.
       (2) Update.--Not less frequently than once every 4 years 
     after the date on which the strategy developed under this 
     section is submitted under paragraph (1), the Assistant 
     Secretary shall submit to the committees described in 
     paragraph (1) an update to that strategy.
       (3) Form.--The report submitted under paragraph (1), and 
     any update submitted under paragraph (2), shall be submitted 
     in unclassified form and may include a classified annex.

     SEC. 1085. CRITICAL SUPPLY CHAIN MONITORING PROGRAM.

       (a) Activities.--The Assistant Secretary shall take the 
     following actions:
       (1) In consultation with the unified coordination group 
     established under subsection (c)--
       (A) map, monitor, and model covered supply chains, 
     including by--
       (i) monitoring the financial and operational conditions of 
     domestic manufacturers and domestic enterprises;
       (ii) performing stress tests for critical industries, 
     covered supply chains, domestic enterprises, and domestic 
     manufacturers;
       (iii) monitoring the demand and supply of critical goods 
     and services, industrial equipment, and manufacturing 
     technology; and
       (iv) monitoring manufacturing, warehousing, transportation, 
     and distribution; and
       (B) identify high priority supply chain gaps and 
     vulnerabilities in critical industries and covered supply 
     chains that--
       (i) exist, as of the date of the enactment of this Act; or
       (ii) are anticipated to develop after the date of enactment 
     of this Act.
       (2) Identify and evaluate the following:
       (A) Supply chain shocks that may disrupt, strain, 
     compromise, or eliminate a covered supply chain.
       (B) The manufacturing needs critical to the national 
     security and economic security of the United States.
       (C) The diversity, security, reliability, and strength of--
       (i) covered supply chains, including single point of 
     failure, single producer, or consolidated manufacturing; and
       (ii) the sources of critical goods, industrial equipment, 
     or manufacturing technology, including those--

       (I) obtained or purchased from a person outside of the 
     United States; or
       (II) imported into the United States.

       (D) The availability, capability, and capacity of domestic 
     manufacturers, or manufacturers located in countries that are 
     allies or key international partners, to serve as a source of 
     a critical good, industrial equipment, or manufacturing 
     technology.
       (E) The effect on the economic security of the United 
     States, including jobs and wages, that may result from the 
     disruption, strain, compromise, or elimination of a supply 
     chain.
       (F) The effect on the national security of the United 
     States that may result from the disruption, strain, 
     compromise, or elimination of a supply chain.
       (G) The state of the manufacturing workforce, including--

[[Page S5837]]

       (i) the needs of domestic manufacturers; and
       (ii) opportunities to create high-quality manufacturing 
     jobs.
       (H) Investments in critical goods, industrial equipment, or 
     manufacturing technology from non-Federal sources.
       (3) In consultation with the unified coordination group 
     established under subsection (c), States (or political 
     subdivisions of States), and Tribal governments, and, as 
     appropriate, in cooperation with the governments of countries 
     that are allies or key international partners, the following:
       (A) Identify opportunities to reduce supply chain gaps and 
     vulnerabilities in critical industries and covered supply 
     chains.
       (B) Encourage partnerships between the Federal Government 
     and industry, labor organizations, States (and political 
     subdivisions of States), and Tribal governments to better 
     respond to supply chain shocks to critical industries and 
     covered supply chains and coordinate response efforts.
       (C) Encourage partnerships between the Federal Government 
     and the governments of countries that are allies or key 
     international partners of the United States.
       (D) Develop or identify opportunities to build the capacity 
     of the United States in critical industries and covered 
     supply chains.
       (E) Develop or identify opportunities to build the capacity 
     of countries that are allies or key international partners in 
     critical industries and covered supply chains.
       (4) In coordination with the Secretary of State and the 
     United States Trade Representative, work with governments of 
     countries that are allies or key international partners to 
     promote diversified and resilient covered supply chains that 
     ensure the supply of critical goods, industrial equipment, 
     and manufacturing technology to the United States and 
     companies that are headquartered in, or that have substantial 
     operations in, countries that are allies or key international 
     partners.
       (5) Coordinate with other offices and divisions of the 
     Department of Commerce and other Federal agencies to use 
     authorities, whether in existence as of the day before the 
     date of the enactment of this Act or established on or after 
     the date of enactment of this Act, to encourage the 
     resilience of supply chains of critical industries.
       (b) Continuous Monitoring.--The Assistant Secretary, in 
     consultation with the head of any other relevant Federal 
     agency, including such an agency with jurisdiction over 
     covered supply chains, shall continuously monitor the 
     resilience, diversity, security, and strength of covered 
     supply chains.
       (c) Coordination Group.--
       (1) In general.--In carrying out the applicable activities 
     under subsection (a), the Assistant Secretary shall establish 
     a unified coordination group led by the Assistant Secretary, 
     which shall include individuals representing private sector 
     partners, labor organizations, and, as appropriate, federally 
     funded research and development centers, to serve as a method 
     for consultation between and among the Federal agencies 
     described in subsection (g) to--
       (A) plan for and respond to supply chain shocks; and
       (B) support the resilience, diversity, security, and 
     strength of covered supply chains.
       (2) Implementation.--In consultation with the unified 
     coordination group established under paragraph (1), the 
     Assistant Secretary shall do the following:
       (A) Acquire on a voluntary basis technical, engineering, 
     and operational supply chain information from the private 
     sector in a manner that ensures any supply chain information 
     provided by the private sector is kept confidential and is 
     exempt from disclosure under section 552(b)(3) of title 5, 
     United States Code.
       (B) Study the supply chain information acquired under 
     subparagraph (A) to--
       (i) identify covered supply chains;
       (ii) assess the resilience of covered supply chains;
       (iii) identify covered supply chains that are vulnerable to 
     disruption, strain, compromise, or elimination; and
       (iv) inform planning.
       (C) Convene with relevant private sector entities to share 
     best practices, planning, and capabilities to respond to 
     potential supply chain shocks to covered supply chains.
       (D) Develop contingency plans and coordination mechanisms 
     to ensure an effective and coordinated response to potential 
     supply chain shocks to covered supply chains.
       (3) Subgroups.--In carrying out the activities described in 
     paragraph (2), the Assistant Secretary may establish 
     subgroups of the unified coordination group established under 
     paragraph (1) led by the head of an appropriate Federal 
     agency.
       (4) International agreements.--The Secretary, in 
     consultation with the United States Trade Representative and 
     the head of any other relevant Federal agency, may enter into 
     agreements with governments of countries that are allies or 
     key international partners relating to enhancing the security 
     and resilience of covered supply chains in response to supply 
     chain shocks.
       (d) Designations.--The Assistant Secretary shall--
       (1) not later than 270 days after the date of enactment of 
     this Act, designate--
       (A) critical industries;
       (B) covered supply chains; and
       (C) critical goods;
       (2) provide for a period of public comment and review in 
     carrying out paragraph (1); and
       (3) update the designations made under paragraph (1) not 
     less frequently than once every 4 years.
       (e) Quadrennial Report on Supply Chain Resilience and 
     Domestic Manufacturing.--
       (1) In general.--Not later than 4 years after the date on 
     which the final report required under section 4(a) of 
     Executive Order 14017 (86 Fed. Reg. 11849; relating to 
     America's supply chains) is submitted, and once every 4 years 
     thereafter, the Assistant Secretary, in coordination with the 
     head of each relevant Federal agency and relevant private 
     sector entities, labor organizations, States (and political 
     subdivisions of States), and Tribal governments, shall submit 
     to the relevant committees of Congress and post on the 
     website of the Assistant Secretary a report on covered supply 
     chain resilience and domestic manufacturing (referred to in 
     this subsection as the ``report'') to strengthen, improve, 
     and preserve the resilience, diversity, security, and 
     strength of covered supply chains.
       (2) Contents of report.--The report shall include the 
     following:
       (A) An identification of--
       (i) the critical industries, covered supply chains, and 
     critical goods designated under subsection (d);
       (ii) supplies that are critical to the crisis preparedness 
     of the United States;
       (iii) substitutes for critical goods, industrial equipment, 
     and manufacturing technology;
       (iv) the matters identified and evaluated under subsection 
     (a)(2); and
       (v) countries that are critical to addressing international 
     and domestic supply chain weaknesses and vulnerabilities.
       (B) A description of--
       (i) the manufacturing base and supply chains in the United 
     States, including the manufacturing base and supply chains 
     for--

       (I) industrial equipment;
       (II) critical goods, including semiconductors, that are 
     essential to the production of technologies and supplies for 
     critical industries; and
       (III) manufacturing technology; and

       (ii) the ability of the United States to--

       (I) maintain readiness with respect to preparing for and 
     responding to supply chain shocks; and
       (II) in response to a supply chain shock--

       (aa) surge production in critical industries;
       (bb) surge production of critical goods and industrial 
     equipment; and
       (cc) maintain access to critical goods, industrial 
     equipment, and manufacturing technology.
       (C) An assessment and description of--
       (i) demand and supply of critical goods, industrial 
     equipment, and manufacturing technology;
       (ii) production of critical goods, industrial equipment, 
     and manufacturing technology by domestic manufacturers;
       (iii) the capability and capacity of domestic manufacturers 
     and manufacturers in countries that are allies or key 
     international partners to manufacture critical goods, 
     industrial equipment, and manufacturing technology; and
       (iv) how supply chain shocks could affect rural, Tribal, 
     and underserved communities.
       (D) An identification of defense, intelligence, homeland, 
     economic, domestic labor supply, natural, geopolitical, or 
     other contingencies and other supply chain shocks that may 
     disrupt, strain, compromise, or eliminate a covered supply 
     chain.
       (E) An assessment of--
       (i)(I) the resilience of the manufacturing base, covered 
     supply chains, and workforce of the United States, and of 
     allies and key international partners; and
       (II) the capacity of the manufacturing base, covered supply 
     chains, and workforce of the United States, and of allies and 
     key international partners, to sustain critical industries 
     through a supply chain shock to a covered supply chain;
       (ii) the flexible manufacturing capacity and capabilities 
     available in the United States in the case of a supply chain 
     shock; and
       (iii) the effect that innovation has on domestic 
     manufacturing.
       (F) Specific recommendations to improve the security and 
     resilience of manufacturing capacity and supply chains 
     through the following:
       (i) Developing long-term strategies.
       (ii) Increasing visibility into the networks and 
     capabilities of suppliers and domestic manufacturers.
       (iii) Identifying industry best practices.
       (iv) Evaluating how diverse supplier networks, multi-
     platform and multi-region production capabilities and 
     sources, and integrated global and regional supply chains 
     can--

       (I) enhance the resilience of critical industries and 
     manufacturing capabilities in the United States;
       (II) support and create jobs in the United States; and
       (III) support access of the United States to critical goods 
     during a supply chain shock.

       (v) Identifying and mitigating risks, including--

       (I) the financial and operational risks of a covered supply 
     chain;
       (II) significant vulnerabilities to supply chain shocks and 
     other emergencies; and
       (III) exposure to gaps and vulnerabilities in--

       (aa) domestic capacity or capabilities; and
       (bb) sources of imports needed to sustain critical 
     industries and covered supply chains.
       (vi) Identifying enterprise resource planning systems that 
     are--

[[Page S5838]]

       (I) compatible across supply chain tiers; and
       (II) affordable for small and medium-sized businesses.

       (vii) Understanding the total cost of ownership, total 
     value contribution, and other best practices that encourage 
     strategic partnerships throughout covered supply chains.
       (viii) Understanding Federal procurement opportunities to 
     increase resilience of covered supply chains and fill gaps in 
     domestic purchasing of critical goods.
       (ix) Identifying policies that maximize job retention and 
     creation in the United States, including workforce 
     development programs.
       (x) Identifying opportunities to work with allies or key 
     international partners to build more resilient covered supply 
     chains and mitigate risks.
       (xi) Identifying areas requiring further investment in 
     research and development or workforce education.
       (xii) Identifying opportunities to reuse and recycle 
     critical goods to increase the resiliency of covered supply 
     chains.
       (xiii) Identifying such other services as the Assistant 
     Secretary determines necessary.
       (G) Guidance to the National Science Foundation and other 
     relevant Federal agencies with respect to critical goods, 
     industrial equipment, and manufacturing technologies that 
     should be prioritized.
       (H) With respect to countries that are allies or key 
     international partners--
       (i) a review of, and, if appropriate, recommendations for 
     expanding, the sourcing of critical goods, industrial 
     equipment, and manufacturing technology associated with 
     critical industries from those countries; and
       (ii) a recommendation to coordinate with those countries 
     on--

       (I) sourcing critical goods, industrial equipment, and 
     manufacturing technology; and
       (II) developing, sustaining, and expanding production and 
     availability of covered supply chains, critical goods, 
     industrial equipment, and manufacturing technology during a 
     supply chain shock.

       (I) Recommendations for strengthening the financial and 
     operational health of small and medium-sized businesses in 
     covered supply chains of the United States and countries that 
     are allies or key international partners to mitigate risks 
     and ensure diverse and competitive supplier markets that are 
     less vulnerable to failure.
       (J) An assessment of policies, rules, and regulations that 
     impact the operating costs of domestic manufacturers and 
     inhibit the ability for domestic manufacturers to compete 
     with global competitors.
       (K) Recommendations regarding freight and logistics 
     necessary to support covered supply chains.
       (3) Prohibition.--The report may not include--
       (A) supply chain information that is not aggregated; or
       (B) confidential business information of a private sector 
     entity.
       (4) Collaboration.--The head of any Federal agency with 
     jurisdiction over any covered supply chain shall collaborate 
     with the Assistant Secretary and provide any information, 
     data, or assistance that the Assistant Secretary determines 
     to be necessary for developing the report.
       (5) Form.--The report, and any update of the report, shall 
     be submitted in unclassified form and may include a 
     classified annex.
       (6) Public comment.--The Assistant Secretary shall provide 
     for a period of public comment and review in developing the 
     report.
       (f) Report to Congress.--
       (1) In general.--Concurrently with the annual submission to 
     Congress of the budget justification materials in support of 
     the budget request of the Department of Commerce (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, United States Code), the Secretary shall 
     submit to the relevant committees of Congress and post on the 
     website of the Assistant Secretary a report that contains a 
     summary of the activities required under subsection (a) 
     carried out under this section during the fiscal year covered 
     by the report.
       (2) Classification.--Each report required under paragraph 
     (1) shall be submitted in unclassified form and may include a 
     classified annex.
       (g) Coordination.--
       (1) In general.--In implementing the requirements under 
     subsection (e), the Assistant Secretary shall, as 
     appropriate, coordinate with--
       (A) the heads of appropriate Federal agencies, including--
       (i) the Secretary of State; and
       (ii) the United States Trade Representative; and
       (B) the Attorney General and the Federal Trade Commission 
     with respect to--
       (i) advice on the design and activities of the unified 
     coordination group described in subsection (c)(1); and
       (ii) ensuring compliance with Federal antitrust law.
       (2) Specific coordination.--In carrying out the 
     requirements under this section, with respect to covered 
     supply chains involving specific sectors, the Assistant 
     Secretary shall, as appropriate, coordinate with--
       (A) the Secretary of Defense;
       (B) the Secretary of Homeland Security;
       (C) the Secretary of the Treasury;
       (D) the Secretary of Energy;
       (E) the Secretary of Transportation;
       (F) the Secretary of Agriculture;
       (G) the Director of National Intelligence;
       (H) the Secretary of Health and Human Services;
       (I) the Administrator of the Small Business Administration;
       (J) the Secretary of Labor; and
       (K) the head of any other relevant Federal agency, as 
     appropriate.
       (h) Rule of Construction.--Nothing in this section shall be 
     construed to require any private entity--
       (1) to share information with the Secretary or Assistant 
     Secretary;
       (2) to request assistance from the Secretary or Assistant 
     Secretary; or
       (3) that requests assistance from the Secretary or 
     Assistant Secretary to implement any measure or 
     recommendation suggested by the Secretary or Assistant 
     Secretary.
       (i) Protections.--
       (1) In general.--Supply chain information or records that 
     are voluntarily and lawfully submitted by a private entity 
     under this section and accompanied by an express statement 
     described in paragraph (2)--
       (A) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code;
       (B) shall not be made available by any Federal, State, 
     local, or Tribal authority pursuant to any Federal, State, 
     local, or Tribal law requiring public disclosure of 
     information or records; and
       (C) shall not, without the written consent of the person or 
     entity submitting such information, be used directly by the 
     Assistant Secretary, or any other Federal, State, or local 
     authority, in any civil enforcement action brought by a 
     Federal, State, or local authority.
       (2) Express statement.--The express statement described in 
     this paragraph, with respect to information or records, is--
       (A) in the case of written information or records, a 
     written marking on the information or records substantially 
     similar to the following: ``This information is voluntarily 
     submitted to the Federal Government in expectation of 
     protection from disclosure as provided by the provisions of 
     section 1085(i) of the Improving American Security through 
     Manufacturing Resilience/Strengthening American Manufacturing 
     and Supply Chain Resiliency Act of 2022.''; or
       (B) in the case of oral information, a written statement 
     similar to the statement described in subparagraph (A) 
     submitted within a reasonable period following the oral 
     communication.
       (3) Inapplicability to semiconductor incentive program.--
     This subsection shall not apply to the voluntary submission 
     of supply chain information by a private entity in an 
     application for Federal financial assistance under section 
     9902 of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652).
       (j) No Effect on Discovery.--Subject to subsection (i), 
     nothing in this section, nor in any rule or regulation issued 
     under this section, may be construed to create a defense to a 
     discovery request, or otherwise limit or affect the discovery 
     of supply chain information from a private entity, arising 
     from a cause of action authorized under any Federal, State, 
     local, or Tribal law.
       (k) Consistency With International Agreements.--This 
     section shall be applied in a manner consistent with United 
     States obligations under international agreements.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Assistant Secretary $500,000,000 
     for each of fiscal years 2022 through 2027, to remain 
     available until expended, to carry out this section, of which 
     not more than 2 percent per fiscal year may be used for 
     administrative costs.

     SEC. 1086. MANUFACTURING SECURITY AND RESILIENCE PROGRAM.

       (a) In General.--The Assistant Secretary shall support the 
     resilience, diversity, security, and strength of covered 
     supply chains by providing grants, loans, and loan guarantees 
     for eligible activities to eligible entities.
       (b) Application.--The Assistant Secretary may not provide a 
     grant, loan, or loan guarantee under this section to an 
     eligible entity unless the eligible entity submits to the 
     Assistant Secretary an application at such time, in such 
     form, and containing such information as the Assistant 
     Secretary may require, including--
       (1) a description of the eligible activity to be carried 
     out with the grant, loan, or loan guarantee;
       (2) a description of the covered supply chain supported by 
     the eligible activity;
       (3) an estimate of the total costs of the eligible 
     activity; and
       (4) in the case of an application submitted for an eligible 
     activity described in subparagraph (B) or (C) of subsection 
     (c)(2), a description of domestic manufacturing operations 
     for the production of the applicable critical good.
       (c) Eligible Activities.--
       (1) Activities in the united states.--The following 
     activities may be carried out with a grant, loan, or loan 
     guarantee provided under this section :
       (A) The development, diversification, preservation, 
     improvement, support, restoration, or expansion of covered 
     supply chains and the domestic manufacturing of critical 
     goods, industrial equipment, and manufacturing technology, 
     including activities that support any of the following:
       (i) The manufacturing of a critical good or industrial 
     equipment in the United States.

[[Page S5839]]

       (ii) The commercialization, adoption, deployment, or use of 
     manufacturing technology by domestic manufacturers in the 
     United States.
       (iii) The design, engineering, construction, expansion, 
     improvement, repair, or maintenance of critical 
     infrastructure or a manufacturing facility in the United 
     States.
       (iv) The purchase, lease, acquisition, enhancement, or 
     retooling of industrial equipment for use in the United 
     States.
       (v) The purchase, lease, or other acquisition of critical 
     goods, industrial equipment, or manufacturing technology from 
     reliable sources.
       (vi) The relocation of manufacturing facilities or 
     operations related to the production of a critical good out 
     of a country of concern and into the United States.
       (vii) The modification of manufacturing facilities, 
     industrial equipment, or operations related to the 
     manufacture of critical goods to--

       (I) create new capabilities for an eligible entity to 
     manufacture critical goods in the United States;
       (II) expand existing operations to increase the manufacture 
     of critical goods in the United States; or
       (III) accommodate any manufacturing operations related to 
     critical goods that are being relocated to the United States.

       (viii) The development of tools or processes that relate to 
     procuring, transporting, or storing critical goods.
       (B) The manufacture or acquisition of a substitute for a 
     critical good, industrial equipment, or manufacturing 
     technology.
       (C) The establishment, improvement, development, expansion, 
     or preservation of surge capacity or stockpiling of a 
     critical good or industrial equipment, as appropriate and 
     necessary.
       (D) The establishment, improvement, or preservation of 
     diverse, secure, reliable, and strong sources and locations 
     of a critical good in the United States.
       (2) Activities relating to allies and key international 
     partners.--The following activities may be carried out with a 
     loan or loan guarantee provided under this section:
       (A) The design, engineering, construction, expansion, 
     improvement, repair, or maintenance of critical 
     infrastructure or a manufacturing facility in an ally or key 
     international partner.
       (B) The relocation of manufacturing facilities or 
     operations relating to the production of a critical good out 
     of a country of concern and into an ally or key international 
     partner, with a priority for a country--
       (i) that is a covered Western Hemisphere country;
       (ii) that is a member state of the North Atlantic Treaty 
     Organization (commonly referred to as ``NATO'');
       (iii) that is designated as a major non-NATO ally pursuant 
     to section 517(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321k(a)); or
       (iv) that is identified under section 1085(e)(2)(A)(v).
       (C) The modification of manufacturing facilities, 
     industrial equipment, or operations relating to the 
     manufacture of critical goods to--
       (i) create new capabilities for an eligible entity to 
     manufacture critical goods in an ally or key international 
     partner;
       (ii) expand existing operations to increase the manufacture 
     of critical goods in an ally or key international partner; or
       (iii) accommodate any manufacturing operations related to 
     critical goods that are being relocated to an ally or key 
     international partner.
       (d) Eligible Entities.--Any of the following entities is 
     eligible to receive a grant, loan, or loan guarantee under 
     this section:
       (1) A domestic manufacturer.
       (2) A domestic enterprise.
       (3) A State or a county, city, or other political 
     subdivision of a State.
       (4) A Tribal government.
       (5) A manufacturing extension center established as part of 
     the Hollings Manufacturing Extension Partnership carried out 
     under section 25 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k).
       (6) A Manufacturing USA institute described in section 
     34(d) of the National Institute of Standards and Technology 
     Act (15 U.S.C. 278s(d)).
       (7) An institution of higher education acting as part of a 
     consortium, partnership, or joint venture with another 
     eligible entity described in any of paragraphs (1) through 
     (6).
       (8) A public or private nonprofit organization or 
     association acting as part of a consortium, partnership, or 
     joint venture with another eligible entity described in any 
     of paragraphs (1) through (6).
       (9) A consortium, partnership, or joint venture of 2 or 
     more eligible entities described in any of paragraphs (1) 
     through (8).
       (e) Requirements.--The Assistant Secretary may only provide 
     a grant, loan, or loan guarantee to an eligible entity under 
     this section if the Assistant Secretary makes a determination 
     of the following:
       (1) The grant, loan, or loan guarantee is for an eligible 
     activity.
       (2) Without the grant, loan, or loan guarantee, the 
     eligible entity would not be able to fund or finance the 
     eligible activity under reasonable terms and conditions.
       (3) The grant, loan, or loan guarantee is a cost effective, 
     expedient, and practical form of financial assistance for the 
     eligible activity.
       (4) There is a reasonable assurance that--
       (A) the eligible entity will implement the eligible 
     activity in accordance with the application submitted under 
     subsection (b); and
       (B) the eligible activity will support--
       (i) the resilience, diversity, security, or strength of a 
     covered supply chain; and
       (ii) the national security or economic security of the 
     United States.
       (5) The eligible entity agrees to provide the information 
     required under subsection (o)(3).
       (6) For an eligible activity described in subparagraph (B) 
     or (C) of subsection (c)(2), relocation of a manufacturing 
     facility or operations into the United States is 
     uneconomical.
       (7) The eligible activity does not support the production 
     of a critical good subject to an anti-dumping or 
     countervailing duty order imposed by the United States.
       (f) Criteria.--The Assistant Secretary shall establish 
     criteria for the providing of grants, loans, and loan 
     guarantees under this section that meet the requirements of 
     subsection (e), including the following:
       (1) The extent to which the applicable eligible activity 
     supports the resilience, diversity, security, and strength of 
     a covered supply chain.
       (2) The extent to which the applicable eligible activity is 
     funded or financed by non-Federal sources.
       (3) The extent to which the grant, loan, or loan guarantee 
     will assist small and medium-sized domestic manufacturers.
       (4) The amount of appropriations that are required to fund 
     or finance the grant, loan, or loan guarantee.
       (g) Relocation Consideration.--In making a determination to 
     provide a loan or loan guarantee to an eligible entity for an 
     eligible activity described in subparagraph (B) or (C) of 
     subsection (c)(2), the Assistant Secretary--
       (1) shall--
       (A) consult with the Secretary of State and the heads of 
     other relevant Federal agencies, as appropriate; and
       (B) to the extent practicable, ensure that no single ally 
     or key international partner benefits from an outsized amount 
     of Federal funding provided under this section; and
       (2) may take into considerations labor and environmental 
     standards of the applicable ally or key international partner 
     when considering the siting locations for the eligible 
     activity.
       (h) Relocation Limitations.--As a condition of receiving a 
     loan or loan guarantee for an eligible activity described 
     under subparagraph (B) or (C) of subsection (c)(2), the 
     Assistant Secretary shall prohibit an eligible entity from 
     making capital or labor investments in the manufacturing 
     facility or operation in the country of concern for the 
     duration of the grant, loan, or loan guarantee.
       (i) Grant Cost Share.--
       (1) In general.--The amount of a grant provided under this 
     section may not exceed 80 percent of the reasonably 
     anticipated costs of the eligible activity for which the 
     grant is provided.
       (2) Waiver.--Upon providing written justification to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives, which may be submitted with a classified 
     annex, the Assistant Secretary may waive the cost share 
     requirement of paragraph (1)--
       (A) during a period of national emergency declared under a 
     duly enacted law of the United States or by the President; or
       (B) upon making a determination that the applicable grant 
     is necessary to avert the disruption, strain, compromise, or 
     elimination of a covered supply chain that would severely 
     affect the national security or economic security of the 
     United States.
       (3) Use of other federal assistance.--Federal assistance 
     other than a grant provided under this section may be used to 
     satisfy the non-Federal share of the cost of the eligible 
     activity.
       (j) Loans and Loan Guarantees.--
       (1) In general.--The Assistant Secretary may enter into an 
     agreement with an eligible entity to provide a loan under 
     this section, the proceeds of which shall be used to finance 
     an eligible activity.
       (2) Maximum amount.--The amount of a loan provided under 
     this section may not exceed 80 percent of the reasonably 
     anticipated costs of the eligible activity for which the loan 
     is provided.
       (3) Waiver.--Upon providing written justification to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives, which may be submitted with a classified 
     annex, the Assistant Secretary may waive the cost share 
     requirement of paragraph (2)--
       (A) during a period of national emergency declared under a 
     duly enacted law of the United States or by the President; or
       (B) upon making a determination that the applicable loan is 
     necessary to avert the disruption, strain, compromise, or 
     elimination of a covered supply chain that would severely 
     affect the national security or economic security of the 
     United States.
       (4) Loan guarantees.--
       (A) In general.--The Assistant Secretary may provide a loan 
     guarantee to a lender in lieu of providing a loan under this 
     section.
       (B) Terms.--The terms of a loan guarantee provided under 
     this section shall be consistent with the terms established 
     in this subsection for a loan.

[[Page S5840]]

       (k) Manufacturing Investment Companies.--
       (1) In general.--The Assistant Secretary may provide a loan 
     or loan guarantee under this subsection to a manufacturing 
     investment company.
       (2) Equity capital.--A manufacturing investment company 
     shall use the proceeds of a loan or loan guarantee provided 
     under this subsection to provide a source of equity capital 
     for eligible entities to carry out eligible activities.
       (3) Application.--The Assistant Secretary may not provide a 
     loan or loan guarantee to a manufacturing investment company 
     under this subsection unless the manufacturing investment 
     company submits to the Assistant Secretary an application at 
     such time, in such form, and containing such information as 
     the Assistant Secretary may require, which shall include the 
     following:
       (A) A plan describing how the manufacturing investment 
     company intends to provide equity capital to eligible 
     entities to support the resilience, diversity, security, and 
     strength of covered supply chains.
       (B) Information regarding the relevant qualifications and 
     general reputation of the management of the manufacturing 
     investment company.
       (C) A description of how the manufacturing investment 
     company intends to address the unmet capital needs of 
     eligible entities.
       (D) A description of whether and to what extent the 
     manufacturing investment company meets the criteria 
     established under paragraph (4).
       (E) For a manufacturing investment company seeking to 
     provide equity capital for an eligible activity described in 
     subparagraph (B) or (C) of subsection (c)(2), a description 
     of domestic manufacturing operations for the production of 
     the applicable critical good.
       (4) Criteria.--The Secretary shall establish criteria for 
     the providing of a loan or loan guarantee under this 
     subsection to a manufacturing investment company, including 
     the following:
       (A) The extent to which the equity capital to be provided 
     under paragraph (2) will support the resilience, diversity, 
     security, and strength of covered supply chains.
       (B) The extent to which the activities described in the 
     plan submitted under paragraph (3)(A) will be funded or 
     financed by non-Federal sources.
       (C) The extent to which the manufacturing investment 
     company will assist small and medium-sized domestic 
     manufacturers.
       (D) The amount of appropriations that are required to fund 
     or finance the loan or loan guarantee.
       (5) Requirements.--As a condition of providing a loan or 
     loan guarantee under this subsection, the Assistant Secretary 
     shall require a manufacturing investment company to certify 
     the following:
       (A) The applicable equity capital is for an eligible 
     activity.
       (B) Without the applicable equity capital, the eligible 
     entity would not be able to fund or finance the eligible 
     activity under reasonable terms and conditions.
       (C) The applicable equity capital is a cost effective, 
     expedient, and practical form of financial assistance for the 
     eligible activity.
       (D) There is a reasonable assurance that--
       (i) the eligible entity will implement the eligible 
     activity; and
       (ii) the eligible activity will support--

       (I) the resilience, diversity, security, or strength of a 
     covered supply chain; and
       (II) the national security or economic security of the 
     United States.

       (E) The manufacturing investment company will provide the 
     information required under paragraph (6)(C).
       (F) In the case of an eligible activity described in 
     subsection (c)(2) (B) or (C), relocation of a manufacturing 
     facility or operations into the United States is 
     uneconomical.
       (G) The eligible activity does not support the production 
     of a critical good subject to an anti-dumping or 
     countervailing duty order imposed by the United States.
       (6) Performance measures.--For loans and loan guarantees 
     provided under this subsection, the Assistant Secretary 
     shall--
       (A) develop metrics to assess the extent to which 
     manufacturing investment companies meet the criteria 
     established under paragraph (4);
       (B) assess the extent to which each manufacturing 
     investment company to which a loan or loan guarantee is 
     provided is meeting the criteria established under paragraph 
     (4); and
       (C) require each manufacturing investment company to which 
     a loan or loan guarantee is provided to provide to the 
     Assistant Secretary any information relating to the loan or 
     loan guarantee that the Assistant Secretary determines to be 
     necessary to conduct the assessment under subparagraph (B).
       (7) Equity caps.--The Assistant Secretary may, as a 
     condition of providing a loan or loan guarantee under this 
     subsection, establish limits on--
       (A) the maximum amount of equity or quasi-equity 
     securities, shares, or financial interests a manufacturing 
     investment company may purchase, make and fund commitments to 
     purchase, invest in, make pledges in respect of, or otherwise 
     acquire from an eligible entity; and
       (B) the maximum amount of assets a manufacturing investment 
     company may hold to be eligible for the loan or loan 
     guarantee.
       (8) Conditions.--The Assistant Secretary may prescribe 
     specifically, or by maximum limits or otherwise, rates of 
     interest, guarantee and commitment fees, and other charges 
     that may be made in connection with equity capital made under 
     this subsection.
       (9) Relocation consideration.--In making a determination to 
     provide a loan or loan guarantee to a manufacturing 
     investment company for an eligible activity described in 
     subparagraph (B) or (C) of subsection (c)(2), the Assistant 
     Secretary may take into consideration labor and environmental 
     standards of the applicable ally or key international partner 
     when considering the siting locations for the eligible 
     activity.
       (10) Relocation limitations.--As a condition of receiving a 
     loan or loan guarantee from a manufacturing investment 
     company for an eligible activity described in subparagraph 
     (B) or (C) of subsection (c)(2), the manufacturing investment 
     company shall prohibit an eligible entity from making capital 
     or labor investments in the manufacturing facility or 
     operation in the country of concern for the duration of the 
     equity capital.
       (l) Creditworthiness.--
       (1) In general.--For a loan or loan guarantee provided 
     under this section, the applicable manufacturing investment 
     company, or eligible entity and eligible activity, receiving 
     such loan or loan guarantee shall be creditworthy, as 
     determined by the Assistant Secretary.
       (2) Considerations.--In determining the creditworthiness of 
     a manufacturing investment company, or an eligible entity and 
     eligible activity, under paragraph (1), with respect to a 
     loan or loan guarantee provided under this section, the 
     Assistant Secretary shall take into consideration relevant 
     factors, including the following:
       (A) The terms, conditions, financial structure, and 
     security features of the loan or loan guarantee.
       (B) The revenue sources that will secure or fund any note, 
     bond, debenture, or other debt obligation issued in 
     connection with the loan or loan guarantee.
       (C) The financial assumptions upon which the loan or loan 
     guarantee is based.
       (D) The ability of, as applicable--
       (i) the manufacturing investment company to provide a 
     source of equity capital for eligible entities; or
       (ii) the eligible entity to successfully achieve the goal 
     of the eligible activity.
       (E) The financial soundness and credit history of the 
     manufacturing investment company or eligible entity, as 
     applicable.
       (m) Conditions.--The Assistant Secretary may prescribe--
       (1) specifically, or by maximum limits or otherwise, rates 
     of interest, guarantee and commitment fees, and other charges 
     that may be made in connection with a loan or loan guarantee 
     made under this section; and
       (2) regulations governing the forms and procedures (which 
     shall be uniform to the extent practicable) to be used in 
     connection with loans and loan guarantees described in 
     paragraph (1).
       (n) Selection of Recipients.--
       (1) Ability to meet criteria.--To the extent practicable, 
     in providing grants, loans, and loan guarantees under this 
     section, the Assistant Secretary shall--
       (A) select--
       (i) manufacturing investment companies that best meet the 
     criteria established under subsection (k)(4); and
       (ii) eligible entities and eligible activities that best 
     meet the criteria established under subsection (f); and
       (B) serve the greatest needs for a diverse array of 
     critical industries.
       (2) Priority.--In providing grants, loans, and loan 
     guarantees under this section, the Assistant Secretary shall 
     prioritize--
       (A) eligible activities that--
       (i) are within the United States and employ citizens of the 
     United States; and
       (ii) will result in the production of critical goods that 
     relate to the strategic needs of the Federal Government in 
     preparing for and responding to supply chain shocks;
       (B) eligible entities that agree to coordinate with the 
     Assistant Secretary to assist the United States in preparing 
     for and responding to supply chain shocks, including through 
     the manufacture of critical goods, as necessary; and
       (C) small and medium-sized manufacturers.
       (o) Performance Measures.--For grants, loans, and loan 
     guarantees provided under this section to eligible entities, 
     the Assistant Secretary shall--
       (1) develop metrics to assess the extent to which the 
     criteria established under subsection (f) are met;
       (2) assess the extent to which the criteria established 
     under subsection (f) are met; and
       (3) require the eligible entity to provide to the Assistant 
     Secretary any information that the Assistant Secretary 
     determines to be necessary to conduct the assessment under 
     paragraph (2).
       (p) Construction Projects.--The requirements of section 602 
     of the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3212) shall apply to a construction project that 
     receives financial assistance from the Assistant Secretary 
     under this section in the same manner as such requirements 
     apply to a project assisted by the Secretary under such Act.
       (q) Workforce Protections.--Any eligible entity and 
     manufacturing investment company applying for a grant, loan, 
     or loan guarantee under this section, in any case in which 
     the eligible entity has not fewer than 100 employees, shall 
     make a good-faith certification to the Assistant Secretary 
     that--

[[Page S5841]]

       (1) the eligible entity will not abrogate existing 
     collective bargaining agreements, as applicable, for--
       (A) the term of the grant; or
       (B) the term of the loan or loan guarantee and 2 years 
     after completing repayment of the loan; and
       (2) the eligible entity will remain neutral in any union 
     organizing effort for the term of the grant, loan, or loan 
     guarantee.
       (r) Consistency With International Agreements.--This 
     section shall be applied in a manner that is consistent with 
     United States obligations under international agreements.
       (s) Limitation.--To the extent practicable, none of the 
     funds made available to carry out this section may be used to 
     support manufacturing in a country of concern.
       (t) Regulations.--The Assistant Secretary may promulgate 
     such regulations as the Assistant Secretary determines to be 
     appropriate to carry out this section.
       (u) Supply Chains for Critical Manufacturing Industries 
     Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Supply Chains 
     for Critical Manufacturing Industries Fund'' (referred to in 
     this section as the ``Fund''), which shall solely be used by 
     the Assistant Secretary to carry out this section.
       (2) Revolving loan fund.--The proceeds of any rates of 
     interest, guarantee and commitment fees, and other charges 
     prescribed under subsection (m)(1) shall be deposited into 
     the Fund.
       (v) Rule of Construction.--Nothing in this section may be 
     construed to permit the proceeds of a grant, loan, loan 
     guarantee, or equity investment to support activities that 
     offshore manufacturing capacity from the United States.
       (w) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Fund $45,000,000,000 for fiscal years 2022 through 2027, 
     which shall remain available until expended.
       (2) Purposes.--Of the amount appropriated pursuant to the 
     authorization under paragraph (1), not more than--
       (A) $31,000,000,000 may be used to provide loans and loan 
     guarantees to eligible entities;
       (B) $10,000,000,000 may be used to provide grants to 
     eligible entities;
       (C) $4,000,000,000 may be used to provide loans and loan 
     guarantees to manufacturing investment companies; and
       (D) 2 percent per fiscal year may be used for 
     administrative costs.

     SEC. 1087. SUPPLY CHAIN INNOVATION AND BEST PRACTICES.

       (a) In General.--The Assistant Secretary, in consultation 
     with the Director of the National Institute of Standards and 
     Technology, shall, on an ongoing basis, facilitate and 
     support the development of a voluntary set of standards, 
     guidelines, best practices, management strategies, 
     methodologies, procedures, and processes for domestic 
     manufacturers and entities manufacturing, purchasing, or 
     using a critical good to--
       (1) measure the resilience, diversity, security, and 
     strength of covered supply chains;
       (2) evaluate the value of the resilience, diversity, 
     security, and strength of covered supply chains; and
       (3) design organizational processes and incentives to 
     reduce the risks of disruption, strain, compromise, or 
     elimination of a covered supply chain.
       (b) Requirements.--In carrying out subsection (a), the 
     Assistant Secretary shall do the following:
       (1) Coordinate closely and regularly with relevant private 
     sector personnel and entities, manufacturing extension 
     centers established as part of the Hollings Manufacturing 
     Extension Partnership carried out under section 25 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278k), Manufacturing USA institutes described in section 
     34(d) of that Act (15 U.S.C. 278s(d)), and other relevant 
     stakeholders and incorporate industry expertise.
       (2) Consult with the head of any relevant Federal agency, 
     including those with jurisdiction over covered supply chains, 
     States, local governments, Tribal governments, the 
     governments of other nations, and international 
     organizations, as necessary.
       (3) Collaborate with private sector stakeholders to 
     identify a prioritized, flexible, repeatable, performance-
     based, and cost-effective approach that may be voluntarily 
     adopted by domestic manufacturers and entities purchasing or 
     using a critical good to help those domestic manufacturers 
     and entities--
       (A) identify, assess, and manage risks to covered supply 
     chains; and
       (B) value the resilience, diversity, security, and strength 
     of their covered supply chains.
       (4) Facilitate the design of--
       (A) voluntary processes for selecting suppliers that 
     support the resilience, diversity, security, and strength of 
     covered supply chains; and
       (B) methodologies to identify and mitigate the effects of a 
     disruption, strain, compromise, or elimination of a covered 
     supply chain.
       (5) Disseminate research and information to assist domestic 
     manufacturers redesign products, expand manufacturing 
     capacity, and improve capabilities to meet domestic needs for 
     critical goods and covered supply chains.
       (6) Incorporate relevant voluntary standards and industry 
     best practices.
       (7) Consider small business concerns.
       (8) Any other elements the Assistant Secretary determines 
     to be necessary.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Office $500,000,000 for each of 
     fiscal years 2022 through 2027, to remain available until 
     expended, for the Assistant Secretary to carry out this 
     section, of which not more than 2 percent per fiscal year may 
     be used for administrative costs.

     SEC. 1088. PROGRAM EVALUATION BY THE INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF COMMERCE.

       (a) Program Evaluation.--Not later than 4 years after the 
     date of enactment of this Act, and once every 4 years 
     thereafter, the Inspector General of the Department of 
     Commerce shall conduct an audit of the Office to--
       (1) evaluate the performance of the activities supported by 
     a grant, loan, or loan guarantee provided under section 1086;
       (2) evaluate the extent to which the requirements and 
     criteria under this subtitle are met; and
       (3) provide recommendations on any proposed changes to 
     improve the effectiveness of the Office on meeting the 
     mission described in section 1083(b).
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Inspector General of the Department 
     of Commerce $5,000,000 for each of fiscal years 2022 through 
     2027, to remain available until expended, to carry out 
     subsection (a).

     SEC. 1089. SUPPLY CHAIN DATABASE AND TOOLKIT.

       (a) Establishment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     database and online toolkit under which--
       (A) United States businesses may voluntarily submit to the 
     Secretary information on--
       (i) the products produced by those businesses in the United 
     States, which may be finished goods or inputs for other 
     goods;
       (ii) the inputs required for the products described in 
     clause (i), which may include, with respect to such an 
     input--

       (I) the specific geographic location of the production of 
     the input, including if the input is sourced from the United 
     States or a foreign country;
       (II) the business name of a supplier of the input;
       (III) information relating to perceived or realized 
     challenges in securing the input;
       (IV) information relating to the suspected vulnerabilities 
     or implications of a disruption in securing the input, 
     whether related to national security or the effect on the 
     United States business; or
       (V) in the case of an input sourced from a foreign country, 
     information on--

       (aa) why the input is sourced from a foreign country rather 
     than sourced from in the United States; and
       (bb) if the United States business would be interested in 
     identifying an alternative produced in the United States;
       (B) United States businesses may request and receive 
     contact information or general information about a United 
     States source or a foreign source for an input;
       (C) United States businesses are able to specify--
       (i) what information can be shared with other United States 
     businesses;
       (ii) what information should be shared only with the 
     Department of Commerce; and
       (iii) what information could be submitted to Congress or 
     made available to the public; and
       (D) the Secretary shall make information provided under 
     this paragraph available, subject to subparagraph (C), to 
     enable other United States businesses to identify inputs for 
     their products produced in the United States.
       (2) Format; public availability.--The Secretary shall--
       (A) provide the database and online toolkit established 
     under paragraph (1) on a publicly available website of the 
     Department of Commerce; and
       (B) ensure that the database and online toolkit are--
       (i) searchable and filterable according to the type of 
     information; and
       (ii) presented in a user-friendly format.
       (3) Exemption from public disclosure.--Information 
     submitted to the Secretary in relation to the database and 
     online toolkit established under paragraph (1)--
       (A) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code; and
       (B) shall not be made available by any Federal, State, 
     political subdivision, or Tribal authority pursuant to any 
     Federal, State, political subdivision, or Tribal law 
     requiring public disclosure of information or records.
       (4) Reporting.--
       (A) Report to congress.--Not later than 180 days after the 
     date of enactment of this Act, and once every 4 years 
     thereafter, the Secretary shall submit to Congress a report 
     that includes--
       (i) an assessment of the effectiveness of the database and 
     online toolkit established under paragraph (1), including 
     statistics regarding the number of new entries, total 
     businesses involved, and any change in participation rate 
     during the preceding 180-day period;
       (ii) recommendations for additional actions to improve the 
     database and online

[[Page S5842]]

     toolkit and participation in the database and online toolkit; 
     and
       (iii) such other information as the Secretary considers 
     appropriate.
       (B) Public report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall post on a publicly available website of the Department 
     of Commerce a report that sets forth--
       (i) general statistics relating to foreign and domestic 
     sourcing of inputs used by United States businesses;
       (ii) an estimate of the percentage of total inputs used by 
     United States businesses obtained from foreign countries;
       (iii) data on the inputs described in clause (ii), which 
     shall be disaggregated by industry, geographical location, 
     and size of operation; and
       (iv) a description of the methodology used to calculate the 
     statistics and estimates required under this paragraph.
       (b) Public Outreach Campaign.--
       (1) In general.--The Secretary shall carry out a national 
     public outreach campaign--
       (A) to educate United States businesses about the existence 
     of the database and online toolkit established under 
     subsection (a); and
       (B) to facilitate and encourage the participation of United 
     States businesses in the database and online toolkit 
     established under subsection (a).
       (2) Outreach requirement.--In carrying out the campaign 
     under paragraph (1), the Secretary shall--
       (A) establish an advertising and outreach program directed 
     to businesses, industries, State and local agencies, chambers 
     of commerce, and labor organizations--
       (i) to facilitate understanding of the value of an 
     aggregated demand mapping system; and
       (ii) to advertise that the database and online toolkit 
     established under subsection (a) are available for that 
     purpose;
       (B) not later than 10 days after the date of enactment of 
     this Act, notify appropriate State agencies regarding the 
     development of the database and online toolkit established 
     under subsection (a); and
       (C) post a notice on a publicly available website of the 
     Department of Commerce and establish a social media awareness 
     campaign to advertise the database and online toolkit.
       (3) Coordination.--In carrying out the campaign under 
     paragraph (1), the Secretary may coordinate with other 
     Federal agencies and State or local agencies, as appropriate.
       (4) Separate accounting.--The Secretary shall include in 
     the budget justification materials submitted to Congress in 
     support of the budget request of the Department of Commerce 
     for fiscal years 2023 and 2024 (as submitted with the budget 
     of the President under section 1105(a) of title 31, United 
     States Code) specific identification, as a budgetary line 
     item, of the amounts required to carry out the campaign under 
     paragraph (1).
       (c) Use of Department of Commerce Resources.--
       (1) In general.--The Secretary--
       (A) shall, to the maximum extent practicable, construct the 
     database and online toolkit required under subsection (a), 
     and related analytical features, using expertise within the 
     Department of Commerce; and
       (B) may, as appropriate, adopt new technologies and hire 
     additional employees to carry out this section.
       (2) Minimization of contracting.--If the activities 
     described in subparagraphs (A) and (B) of paragraph (1) 
     cannot be completed without the employment of contractors, 
     the Secretary shall seek to minimize the number of 
     contractors and the scope of the contract.
       (d) Termination.--This section shall terminate on September 
     30, 2025.
                                 ______
                                 
  SA 6340. Mr. MENENDEZ (for himself, Mr. Risch, 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, add the following:

                 DIVISION E--TAIWAN POLICY ACT OF 2022

     SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

       This division may be cited as the ``Taiwan Policy Act of 
     2022''.

     SEC. 5002. FINDINGS.

       Congress finds the following:
       (1) Since 1949, the close relationship between the United 
     States and Taiwan has been of enormous benefit to both 
     parties and to the Indo-Pacific region as a whole.
       (2) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) has enabled the people of the United States and 
     the people of Taiwan to maintain a strong and important 
     relationship that promotes regional security, prosperity, and 
     shared democratic values.
       (3) The security of Taiwan and the ability for the people 
     of Taiwan to determine their own future are fundamental to 
     United States interests and values.
       (4) The Taipei Economic and Cultural Representative Office 
     in the United States and the American Institute in Taiwan 
     facilitate critical consular relations that--
       (A) protect the interests of the people of the United 
     States and the people of Taiwan; and
       (B) strengthen people-to-people ties.
       (5) Increased engagement between public officials, 
     commercial interests, civil society leaders, and others 
     enhances United States-Taiwan relations and its economic, 
     security, and democratic dimensions.
       (6) Taiwan serves as a critical partner on regional and 
     transnational issues, such as public health, climate change, 
     critical and emerging technologies, cybersecurity, trade, and 
     freedom of navigation.
       (7) Taiwan exemplifies a thriving democracy consisting of 
     more than 23,000,000 people who value their suffrage, free 
     markets, right to due process, freedom of expression, and 
     other individual liberties.
       (8) President Xi Jinping of the People's Republic of China 
     (referred to in this division as the ``PRC'') continues to 
     repeat his desire to stifle the freedom of Taiwan, as 
     evidenced by his July 2021 proclamation, in which he stated, 
     ``All sons and daughters of China, including compatriots on 
     both sides of the Taiwan Strait, must work together and move 
     forward in solidarity, resolutely smashing any Taiwan 
     independence plots.''.
       (9) As President Xi Jinping concentrates his power in the 
     Chinese Communist Party (referred to in this division as the 
     ``CCP''), he is escalating the PRC's campaign of coercion and 
     intimidation against Taiwan, as evidenced by--
       (A) the accelerated preparations made by the PRC and its 
     People's Liberation Army (referred to in this division as the 
     ``PLA'') for an offensive attack against Taiwan, such as the 
     PLA's January 2022 incursion of nearly 40 fighters, bombers, 
     and other warplanes into Taiwan's air defense identification 
     zone;
       (B) the PLA's growing offensive preparations in the Taiwan 
     Strait, such as amphibious assault and live-fire exercises 
     and record-scale incursions into Taiwanese air space;
       (C) the Foreign Ministry's diplomatic efforts to isolate 
     Taiwan, such as abusing its position in international 
     institutions and multilateral fora to exclude Taiwanese 
     participation despite Taiwan's demonstrated expertise in 
     relevant subjects, such as public health;
       (D) threats and actions to compromise Taiwan's economy and 
     critical suppliers, such as draconian export controls and the 
     ``31 Measures'' intended to lure Taiwanese talent to mainland 
     China and away from Taiwan;
       (E) persistent and targeted cyberattacks, numbering nearly 
     20,000,000 per month, which are intended to compromise 
     Taiwan's critical infrastructure and inflict civilian harm;
       (F) political and economic pressure on other countries who 
     seek closer ties with Taiwan, such as recent export controls 
     related to Lithuania after Lithuania announced a permanent 
     Taiwanese Representative Office in Lithuania.
       (10) On multiple occasions, through both formal and 
     informal channels, the United States has expressed its 
     concern for the PRC's destabilizing activities in the Taiwan 
     Strait and on the international stage that aim to subvert 
     Taiwan's democratic institutions.
       (11) The Indo-Pacific Strategy of the United States--
       (A) identifies Taiwan as an important leading regional 
     partner;
       (B) seeks to bolster Taiwan's self-defense capabilities; 
     and
       (C) reaffirms that Taiwan's future must be determined 
     peacefully and in accordance with the wishes and best 
     interests of the people of Taiwan.
       (12) The PRC considers stifling the freedom of Taiwan as a 
     critical and necessary step to displacing the United States 
     as the preeminent military power in the Indo-Pacific and 
     continues its modernization campaign to enhance the power-
     projection capabilities of the PLA and its ability to conduct 
     joint operations.
       (13) Taiwan maintains a modern, ready, self-defense force 
     that adheres to the highest democratic principles and 
     benefits from continued state of the art security assistance.
       (14) The defense of Taiwan is critical to--
       (A) mitigating the PLA's ability to project power and 
     establish contested zones within the First and Second Island 
     Chains and limiting the PLA's freedom of maneuver to engage 
     in unconstrained power projection beyond the First Island 
     Chain in order to protect United States territory, such as 
     Hawaii and Guam;
       (B) defending the territorial integrity of Indo-Pacific 
     allies, such as Japan;
       (C) deterring other countries and competitors from 
     exercising force as a means to revise the established status 
     quo;
       (D) championing democratic institutions and societies in 
     the Indo-Pacific region and throughout the world; and
       (E) maintaining a rules-based international order that--
       (i) constrains authoritarian powers;
       (ii) enshrines collective security;
       (iii) promotes democracy and respect for human rights and 
     fundamental freedoms; and
       (iv) promotes peace and prosperity.

     SEC. 5003. DEFINITIONS.

       In this division:
       (1) Appropriate committees of congress.--Except as 
     otherwise provided in this division, the term ``appropriate 
     committees of Congress'' means--

[[Page S5843]]

       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Committee on Appropriations of the House of 
     Representatives.
       (2) Government in taiwan.--The term ``government in 
     Taiwan'' means the national-level government and its 
     administrative units at the municipal, county, and local 
     levels in Taiwan, including its representatives overseas.
       (3) People's liberation army; pla.--The terms ``People's 
     Liberation Army'' and ``PLA'' mean the armed forces of the 
     People's Republic of China.
       (4) Republic of china.--The term ``Republic of China'' 
     means ``Taiwan''.
       (5) Sharp power.--The term ``sharp power'' means the 
     coordinated and often concealed application of 
     disinformation, media manipulation, economic coercion, cyber-
     intrusions, targeted investments, and academic censorship 
     that is intended--
       (A) to corrupt political and nongovernmental institutions 
     and interfere in democratic elections and encourage self-
     censorship of views at odds with those of the Government of 
     the People's Republic of China or the Chinese Communist 
     Party; or
       (B) to foster attitudes, behavior, decisions, or outcomes 
     in Taiwan and elsewhere that support the interests of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party.

              TITLE I--UNITED STATES POLICY TOWARD TAIWAN

     SEC. 5101. DECLARATION OF POLICY.

       It is the policy of the United States--
       (1) to support the security of Taiwan, the stability of 
     cross-Strait relations, and the freedom of the people of 
     Taiwan to determine their own future, and to strenuously 
     oppose any action by the PRC to use force to change the 
     status quo of Taiwan;
       (2) to cooperate with Taiwan as an important partner of the 
     United States in promoting a free and open Indo-Pacific;
       (3) to deter the use of force by the PRC to change the 
     status quo of Taiwan by coordinating with allies and 
     partners--
       (A) to identify and develop significant economic, 
     diplomatic, and other measures that will deter and impose 
     costs on any such use of force;
       (B) to convey, in advance, severe consequences that would 
     take effect immediately after the PRC engaged in any such use 
     of force; and
       (C) to support and cooperate with Taiwan to implement, 
     resource, and modernize its military capabilities, including 
     an effective defense strategy, through security assistance 
     and increases in defense spending;
       (4) to strengthen cooperation with the military of Taiwan 
     under the framework of the Taiwan Relations Act (Public Law 
     96-8; 22 U.S.C. 3301 et seq.) and the Six Assurances, with 
     consideration of the ongoing military buildup in China and 
     the military balance in the Taiwan Strait, and to transfer 
     defense articles to Taiwan to enhance its capabilities, 
     including its efforts to undertake defensive operations and 
     maintain the ability to deny PRC coercion and invasion;
       (5) to urge Taiwan to increase its own investments in 
     military capabilities, including those that support the 
     implementation of an effective defense strategy;
       (6) to advance and finalize key provisions of the United 
     States-Taiwan Trade and Investment Framework Agreement and 
     deepen economic ties between the United States and Taiwan and 
     advance the interests of the United States by negotiating a 
     bilateral free trade agreement as soon as possible, which 
     will include appropriate levels of labor rights and 
     environmental protections;
       (7) to include Taiwan as a partner in the Indo-Pacific 
     Economic Framework;
       (8) to collaborate with Taiwan to strengthen health 
     systems, reinforce critical infrastructure, promote disaster 
     resilience, protect marine resources, and otherwise support 
     socioeconomic development in Pacific Island countries;
       (9) to promote Taiwan's meaningful participation in 
     important international organizations, including 
     organizations that address global health, civilian air 
     safety, and transnational crime, and bilateral and 
     multilateral security summits, military exercises, and 
     economic dialogues and forums;
       (10) to support the Government in Taiwan as a 
     representative democratic government, constituted through 
     free and fair elections that reflect the will of the people 
     of Taiwan and promote dignity and respect for the 
     democratically-elected leaders of Taiwan, who represent more 
     than 23,000,000 citizens, by using the full range of 
     diplomatic and other appropriate tools available to promote 
     Taiwan's international space;
       (11) to ensure that distinctions in practice regarding 
     United States relations with Taiwan are consistent with the 
     longstanding, comprehensive, strategic, and values-based 
     relationship the United States shares with Taiwan, and 
     contribute to the peaceful resolution of cross-Strait issues; 
     and
       (12) to create and execute a plan for enhancing our 
     relationship with Taiwan by forming a robust partnership 
     that--
       (A) meets current geopolitical challenges;
       (B) fully accounts for Taiwan's democratic status; and
       (C) remains faithful to United States principles and 
     values, consistent with the Taiwan Relations Act and the Six 
     Assurances.

     SEC. 5102. TREATMENT OF THE GOVERNMENT IN TAIWAN.

       (a) In General.--The Secretary of State and other Federal 
     departments and agencies shall--
       (1) engage with the democratically-elected government in 
     Taiwan as the legitimate representative of the people of 
     Taiwan; and
       (2) end the outdated practice of referring to the 
     government in Taiwan as the ``Taiwan authorities''.
       (b) No Restrictions on Bilateral Interactions.--
     Notwithstanding the continued supporting role of the American 
     Institute in Taiwan in carrying out United States foreign 
     policy and protecting United States interests in Taiwan, the 
     United States Government shall not place any undue 
     restrictions on the ability of officials of the Department of 
     State or other Federal departments and agencies to interact 
     directly and routinely with their counterparts in the 
     government in Taiwan.

     SEC. 5103. TAIWAN SYMBOLS OF SOVEREIGNTY.

       (a) Defined Term.--In this section, the term ``official 
     purposes'' means--
       (1) the wearing of official uniforms;
       (2) conducting government-hosted ceremonies or functions; 
     and
       (3) appearances on Department of State social media 
     accounts promoting engagements with Taiwan.
       (b) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     rescind any contact guideline, internal restriction, section 
     of the Foreign Affairs Manual or the Foreign Affairs 
     Handbook, or related guidance or policies that, explicitly or 
     implicitly, including through restrictions or limitations on 
     activities of United States Government personnel, limits the 
     ability of members of the armed forces of the Republic of 
     China (Taiwan) and government representatives from the Taipei 
     Economic and Cultural Representative Office to display, for 
     official purposes, symbols of Republic of China sovereignty, 
     including--
       (1) the flag of the Republic of China (Taiwan); and
       (2) the corresponding emblems or insignia of military 
     units.

     SEC. 5104. SENSE OF CONGRESS ON DESIGNATION AND REFERENCES TO 
                   TAIWAN REPRESENTATIVE OFFICE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States, consistent with the Taiwan Relations Act 
     (Public Law 96-8; 22 U.S.C. 3301 et seq.) and the Six 
     Assurances should--
       (1) provide the people of Taiwan with de facto diplomatic 
     treatment equivalent to foreign countries, nations, states, 
     governments, or similar entities; and
       (2) seek to enter into negotiations with the Taipei 
     Economic and Cultural Representative Office to rename the 
     ``Taipei Economic and Cultural Representative Office'' in the 
     United States as the ``Taiwan Representative Office''.
       (b) References.--If the negotiations referred to in 
     subsection (a)(2) are undertaken and result in the renaming 
     of the Taipei Economic and Cultural Representative Office as 
     the Taiwan Representative Office, any reference in a law, 
     map, regulation, document, paper, or other record of the 
     United States Government to the Taipei Economic and Cultural 
     Representative Office shall be deemed to be a reference to 
     the Taiwan Representative Office, including for all official 
     purposes of the United States Government, all courts of the 
     United States, and any proceedings by such Government or in 
     such courts.

TITLE II--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE 
                        UNITED STATES AND TAIWAN

     SEC. 5201. AMENDMENTS TO THE TAIWAN RELATIONS ACT.

       (a) Declaration of Policy.--Section 2(b)(5) of the Taiwan 
     Relations Act (22 U.S.C. 3301(b)(5)) is amended by inserting 
     ``and arms conducive to deterring acts of aggression by the 
     People's Liberation Army'' after ``arms of a defensive 
     character''.
       (b) Provision of Defense Articles and Services.--Section 
     3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)) is 
     amended by inserting ``and to implement a strategy to deny 
     and deter acts of coercion or aggression by the People's 
     Liberation Army'' after ``to maintain a sufficient self-
     defense capability''.
       (c) Rule of Construction.--Section 4 of the Taiwan 
     Relations Act (22 U.S.C. 3303) is amended by adding at the 
     end the following:
       ``(e) Rule of Construction.--Nothing in this Act, nor the 
     President's action in extending diplomatic recognition to the 
     People's Republic of China, nor the absence of diplomatic 
     relations between the people of Taiwan and the United States, 
     and nor the lack of formal recognition of Taiwan by the 
     United States, and any related circumstances, may be 
     construed to constitute a legal or practical obstacle to any 
     otherwise lawful action of the President or of any United 
     States Government agency that is needed to advance or protect 
     United States interests pertaining to Taiwan, including 
     actions intended to strengthen security cooperation between 
     the United States and Taiwan or to otherwise deter the use of 
     force against Taiwan by the People's Liberation Army.''.

[[Page S5844]]

  


     SEC. 5202. ANTICIPATORY PLANNING AND ANNUAL REVIEW OF THE 
                   UNITED STATES' STRATEGY TO DETER THE USE OF 
                   FORCE BY THE PEOPLE'S REPUBLIC OF CHINA TO 
                   CHANGE THE STATUS QUO OF TAIWAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 10 
     years, the Secretary of Defense shall--
       (1) conduct a classified review of the United States 
     strategy to deter the use of force by the People's Republic 
     of China to change the status quo of Taiwan; and
       (2) share the results of such review with the Chairman and 
     Ranking Member of the appropriate committees of Congress.
       (b) Elements.--The review conducted pursuant to subsection 
     (a) shall include--
       (1) an assessment of Taiwan's current and near-term 
     capabilities, United States force readiness, and the adequacy 
     of the United States' strategy to deter the use of force by 
     the People's Republic of China to change the status quo of 
     Taiwan;
       (2) a detailed strategy of deterrence and denial to defend 
     Taiwan against aggression by the People's Liberation Army, 
     including an effort to seize and hold the island of Taiwan;
       (3) a comprehensive assessment of risks to the United 
     States and United States' interests, including readiness 
     shortfalls that pose strategic risk;
       (4) a review of indicators of the near-term likelihood of 
     the use of force by the People's Liberation Army against 
     Taiwan; and
       (5) a list of military capabilities, including capabilities 
     that enable a strategy of deterrence and denial, that--
       (A) would suit the operational environment and allow Taiwan 
     to respond effectively to a variety of contingencies across 
     all potential phases of conflict involving the People's 
     Liberation Army; and
       (B) would reduce the threat of conflict, deter the use of 
     force by the People's Republic of China, thwart an invasion, 
     and mitigate other risks to the United States and Taiwan.

     SEC. 5203. JOINT ASSESSMENT.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Defense, shall establish and maintain a 
     joint consultative mechanism with Taiwan that convenes on a 
     recurring basis--
       (1) to develop a joint assessment of, and coordinate 
     planning with respect to, the threats Taiwan faces from the 
     People's Republic of China across the spectrum of possible 
     military action; and
       (2) to identify nonmaterial and material solutions to deter 
     and, if necessary, defeat such threats.
       (b) Integrated Priorities List.--In carrying out subsection 
     (a), the Secretary of Defense, in consultation with the 
     Secretary of State, shall develop with Taiwan--
       (1) an integrated priorities list;
       (2) relevant plans for acquisition and training for 
     relevant nonmaterial and material solutions; and
       (3) other measures to appropriately prioritize the defense 
     needs of Taiwan to maintain effective deterrence across the 
     spectrum of possible military action by the People's Republic 
     of China.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter for the 
     following 5 years, the Secretary of Defense, in consultation 
     with the Secretary of State, shall submit a report to the 
     appropriate committees of Congress that describes the joint 
     assessment developed pursuant to subsection (a)(1).

     SEC. 5204. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO 
                   DETER AND, IF NECESSARY, DEFEAT AGGRESSION BY 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Taiwan Security Programs.--The Secretary of State, in 
     consultation with the Secretary of Defense, shall use the 
     authorities under this section to strengthen the United 
     States-Taiwan defense relationship, and to support the 
     acceleration of the modernization of Taiwan's defense 
     capabilities.
       (b) Annual Report on Advancing the Defense of Taiwan.--
       (1) Appropriate congressional committees defined.--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) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 7 
     years, the Secretary of State and the Secretary of Defense 
     shall jointly submit a report to the appropriate 
     congressional committees that describes steps taken to 
     enhance the United States-Taiwan defense relationship and 
     Taiwan's modernization of its-defense capabilities.
       (3) Matters to be included.--Each report required under 
     paragraph (2) shall include--
       (A) an assessment of the commitment of Taiwan to implement 
     a military strategy that will deter and, if necessary, defeat 
     military aggression by the People's Republic of China, 
     including the steps that Taiwan has taken and the steps that 
     Taiwan has not taken towards such implementation;
       (B) an assessment of the efforts of Taiwan to acquire and 
     employ within its forces counterintervention capabilities, 
     including--
       (i) long-range precision fires;
       (ii) integrated air and missile defense systems;
       (iii) anti-ship cruise missiles;
       (iv) land-attack cruise missiles;
       (v) coastal defense;
       (vi) anti-armor;
       (vii) undersea warfare;
       (viii) survivable swarming maritime assets;
       (ix) manned and unmanned aerial systems;
       (x) mining and countermining capabilities;
       (xi) intelligence, surveillance, and reconnaissance 
     capabilities;
       (xii) command and control systems; and
       (xiii) any other defense capabilities that the United 
     States and Taiwan jointly determine are crucial to the 
     defense of Taiwan, in accordance with the process developed 
     pursuant to section 5203(a);
       (C) an evaluation of the balance between conventional and 
     counter intervention capabilities in the defense force of 
     Taiwan as of the date on which the report is submitted;
       (D) an assessment of steps taken by Taiwan to enhance the 
     overall readiness of its defense forces, including--
       (i) the extent to which Taiwan is requiring and providing 
     regular and relevant training to such forces;
       (ii) the extent to which such training is realistic to the 
     security environment that Taiwan faces; and
       (iii) the sufficiency of the financial and budgetary 
     resources Taiwan is putting toward readiness of such forces;
       (E) an assessment of steps taken by Taiwan to ensure that 
     the Taiwan Reserve Command can recruit, train, and equip its 
     forces;
       (F) an evaluation of--
       (i) the severity of manpower shortages in the military of 
     Taiwan, including in the reserve forces;
       (ii) the impact of such shortages in the event of a 
     conflict scenario; and
       (iii) the efforts made by the government in Taiwan to 
     address such shortages;
       (G) an assessment of the efforts made by Taiwan to boost 
     its civilian defenses, including any informational campaigns 
     to raise awareness among the population of Taiwan of the 
     risks Taiwan faces;
       (H) an assessment of the efforts made by Taiwan to secure 
     its critical infrastructure, including in transportation, 
     telecommunications networks, and energy;
       (I) an assessment of the efforts made by Taiwan to enhance 
     its cybersecurity, including the security of civilian 
     government and military networks;
       (J) an assessment of any significant gaps in any of the 
     matters described in subparagraphs (A) through (I) with 
     respect to which the United States assesses that additional 
     action is needed;
       (K) a description of cooperative efforts between the United 
     States and Taiwan on the matters described in subparagraphs 
     (A) through (J); and
       (L) a description of any resistance within the government 
     in Taiwan and the military leadership of Taiwan to--
       (i) implementing the matters described in subparagraphs (A) 
     through (I); or
       (ii) United States' support or engagement with regard to 
     such matters.
       (4) Form.--The report required under paragraph (2) shall be 
     submitted in classified form, but shall include a detailed 
     unclassified summary.
       (5) Sharing of summary.--The Secretary of State and the 
     Secretary of Defense shall jointly share the unclassified 
     summary required under paragraph (4) with the government and 
     military of Taiwan.
       (c) Authority To Provide Assistance.--The Secretary of 
     State, in consultation with the Secretary of Defense, shall 
     use amounts authorized pursuant to subsection (i) to provide 
     assistance to the government in Taiwan to achieve the purpose 
     described in subsection (d).
       (d) Purpose.--In addition to the purposes otherwise 
     authorized for Foreign Military Financing programs under the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.), the purpose 
     of the Foreign Military Financing Program shall be to provide 
     assistance, including equipment, training, and other support, 
     to enable the Government and military of Taiwan--
       (1) to accelerate the modernization of defense capabilities 
     that will enable Taiwan to delay, degrade, and deny attempts 
     by People's Liberation Army forces--
       (A) to conduct coercive or grey zone activities;
       (B) to achieve maritime control over the Taiwan Strait and 
     adjoining seas;
       (C) to secure a lodgment on any Taiwanese islands and 
     expand or otherwise use such lodgment to seize control of a 
     population center or other key territory in Taiwan; and
       (2) to prevent the People's Republic of China from 
     decapitating, seizing control of, or otherwise neutralizing 
     or rendering ineffective the government in Taiwan.
       (e) Regional Contingency Stockpile.--Of the amounts 
     authorized to be appropriated pursuant to subsection (i), not 
     more than $100,000,000 may be used during each of the fiscal 
     years 2023 through 2032 to maintain a stockpile (if 
     established under section 5211), in accordance with section 
     514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), 
     as amended by section 5211.
       (f) Availability of Funds.--
       (1) Annual spending plan.--Not later than December 1, 2022, 
     and annually thereafter, the Secretary of State, in 
     coordination with the Secretary of Defense, shall submit a 
     plan to the appropriate committees of Congress

[[Page S5845]]

     describing how amounts authorized to be appropriated pursuant 
     to subsection (i) will be used to achieve the purpose 
     described in subsection (d).
       (2) Certification.--Amounts authorized to be appropriated 
     for each fiscal year pursuant to subsection (i) shall be made 
     available for the purpose described in such subsection after 
     the Secretary of State certifies to the appropriate 
     committees of Congress that Taiwan has increased its defense 
     spending relative to Taiwan's defense spending in its prior 
     fiscal year, excepting accounts in Taiwan's defense budget 
     related to personnel expenditures, (other than military 
     training and education and any funding related to the All-Out 
     Defense Mobilization Agency).
       (3) Remaining funds.--
       (A) In general.--Subject to subparagraph (B), amounts 
     authorized to be appropriated for a fiscal year pursuant to 
     subsection (i) that are not obligated and expended during 
     such fiscal year shall be added to the amount that may be 
     used for Foreign Military Financing to Taiwan in the 
     subsequent fiscal year.
       (B) Rescission.--Amounts appropriated pursuant to 
     subsection (i) that remain unobligated on September 30, 2027 
     shall be rescinded and deposited into the general fund of the 
     Treasury.
       (g) Defense Articles and Services From the United States 
     Inventory and Other Sources.--
       (1) In general.--In addition to assistance provided 
     pursuant to subsection (c), the Secretary of State, in 
     coordination with the Secretary of Defense, may make 
     available to the government in Taiwan, in such quantities as 
     the Secretary of State considers appropriate for the purpose 
     described in subsection (d)--
       (A) weapons and other defense articles from the United 
     States inventory and other sources; and
       (B) defense services.
       (2) Replacement.--The Secretary of State may use amounts 
     authorized to be appropriated pursuant to subsection (i) for 
     the cost of replacing any item provided to the government in 
     Taiwan pursuant to paragraph (1)(A).
       (h) Foreign Military Financing Loan and Loan Guarantee 
     Authority.--
       (1) Direct loans.--
       (A) In general.--Notwithstanding section 23(c)(1) of the 
     Arms Export Control Act (22 U.S.C. 2763), during fiscal years 
     2023 through 2027, the Secretary of State may make direct 
     loans available for Taiwan pursuant to section 23 of such 
     Act.
       (B) Maximum obligations.--Gross obligations for the 
     principal amounts of loans authorized under subparagraph (A) 
     may not exceed $2,000,000,000.
       (C) Source of funds.--
       (i) Defined term.--In this subparagraph, the term 
     ``cost''--

       (I) has the meaning given such term in section 502(5) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));
       (II) shall include the cost of modifying a loan authorized 
     under subparagraph (A); and
       (III) may include the costs of selling, reducing, or 
     cancelling any amounts owed to the United States or to any 
     agency of the United States.

       (ii) In general.--Amounts authorized to be appropriated 
     pursuant to subsection (i) may be made available to pay for 
     the cost of loans authorized under subparagraph (A).
       (D) Fees authorized.--
       (i) In general.--The Government of the United States may 
     charge fees for loans made pursuant to subparagraph (A), 
     which shall be collected from borrowers through a financing 
     account (as defined in section 502(7) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 661a(7)).
       (ii) Limitation on fee payments.--Amounts made available 
     under any appropriations Act for any fiscal year may not be 
     used to pay any fees associated with a loan authorized under 
     subparagraph (A).
       (E) Repayment.--Loans made pursuant to subparagraph (A) 
     shall be repaid not later than 12 years after the loan is 
     received by the borrower, including a grace period of not 
     more than 1 year on repayment of principal.
       (F) Interest.--
       (i) In general.--Notwithstanding section 23(c)(1) of the 
     Arms Export Control Act (22 U.S.C. 2763(c)(1), interest for 
     loans made pursuant to subparagraph (A) may be charged at a 
     rate determined by the Secretary of State, except that such 
     rate may not be less than the prevailing interest rate on 
     marketable Treasury securities of similar maturity.
       (ii) Treatment of loan amounts used to pay interest.--
     Amounts made available under this paragraph for interest 
     costs shall not be considered assistance for the purposes of 
     any statutory limitation on assistance to a country.
       (2) Loan guarantees.--
       (A) In general.--Amounts authorized to be appropriated 
     pursuant to subsection (i) may be made available for the 
     costs of loan guarantees for Taiwan under section 24 of the 
     Arms Export Control Act (22 U.S.C. 2764) for Taiwan to 
     subsidize gross obligations for the principal amount of 
     commercial loans and total loan principal, any part of which 
     may be guaranteed, not to exceed $2,000,000,000.
       (B) Maximum amounts.--A loan guarantee authorized under 
     subparagraph (A)--
       (i) may not guarantee a loan that exceeds $2,000,000,000; 
     and
       (ii) may not exceed 80 percent of the loan principal with 
     respect to any single borrower.
       (C) Subordination.--Any loan guaranteed pursuant to 
     subparagraph (A) may not be subordinated to--
       (i) another debt contracted by the borrower; or
       (ii) any other claims against the borrower in the case of 
     default.
       (D) Repayment.--Repayment in United States dollars of any 
     loan guaranteed under this paragraph shall be required not 
     later than 12 years after the loan agreement is signed.
       (E) Fees.--Notwithstanding section 24 of the Arms Export 
     Control Act (22 U.S.C. 2764), the Government of the United 
     States may charge fees for loan guarantees authorized under 
     subparagraph (A), which shall be collected from borrowers, or 
     from third parties on behalf of such borrowers, through a 
     financing account (as defined in section 502(7) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
       (F) Treatments of loan guarantees.--Amounts made available 
     under this paragraph for the costs of loan guarantees 
     authorized under subparagraph (A) shall not be considered 
     assistance for the purposes of any statutory limitation on 
     assistance to a country.
       (3) Notification requirement.--Amounts appropriated to 
     carry out this subsection may not be expended without prior 
     notification of the appropriate committees of Congress.
       (i) Authorization of Appropriations.--
       (1) Authorization of appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for Foreign 
     Military Financing, there is authorized to be appropriated to 
     the Department of State for Taiwan Foreign Military Finance 
     grant assistance--
       (A) $250,000,000 for fiscal year 2023;
       (B) $750,000,000 for fiscal year 2024;
       (C) $1,500,000,000 for fiscal year 2025;
       (D) $2,000,000,000 for fiscal year 2026; and
       (E) $2,000,000,000 for fiscal year 2027.
       (2) Training and education.--Of the amounts authorized to 
     be appropriated under paragraph (1), the Secretary of State 
     shall use not less than $2,000,000 per fiscal year for 1 or 
     more blanket order Foreign Military Financing training 
     programs related to the defense needs of Taiwan.
       (j) Sunset Provision.--Assistance may not be provided under 
     this section after September 30, 2032.

     SEC. 5205. REQUIREMENTS REGARDING DEFINITION OF COUNTER 
                   INTERVENTION CAPABILITIES.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to ensure that requests by Taiwan to purchase arms from 
     the United States are not prematurely rejected or dismissed 
     before Taiwan submits a letter of request or other formal 
     documentation, particularly when such requests are for 
     capabilities that are not included on any United States 
     Government priority lists of necessary capabilities for the 
     defense of Taiwan; and
       (2) to ensure close consultation among representatives of 
     Taiwan, Congress, industry, and the Executive branch about 
     requests referred to in paragraph (1) and the needs of Taiwan 
     before Taiwan submits formal requests for such purchases.
       (b) Reporting Requirement.--Not later than 45 days after 
     the date of the enactment of this Act, the Secretary of State 
     and the Secretary of Defense shall jointly submit to the 
     appropriate committees of Congress--
       (1) a list of categories of counter intervention 
     capabilities and a justification for each such category; and
       (2) a description of the degree to which the United States 
     has a policy of openness or flexibility for the consideration 
     of capabilities that may not fall within the scope of counter 
     intervention capabilities included in the list required under 
     paragraph (1), due to potential changes, such as--
       (A) the evolution of defense technologies;
       (B) the identification of new concepts of operation or ways 
     to employ certain capabilities; and
       (C) other factors that might change assessments by the 
     United States and Taiwan of what constitutes counter 
     intervention capabilities.
       (c) Form.--The report required in this section shall be 
     submitted in classified form.

     SEC. 5206. COMPREHENSIVE TRAINING PROGRAM.

       (a) In General.--The Secretary of State and the Secretary 
     of Defense shall establish or expand a comprehensive training 
     program with Taiwan designed to--
       (1) achieve interoperability;
       (2) familiarize the militaries of the United States and 
     Taiwan with each other; and
       (3) improve Taiwan's defense capabilities.
       (b) Elements.--The training program should prioritize 
     relevant and realistic training, including as necessary joint 
     United States-Taiwan contingency tabletop exercises, war 
     games, full-scale military exercises, and an enduring 
     rotational United States military presence that assists 
     Taiwan in maintaining force readiness and utilizing United 
     States defense articles and services transferred from the 
     United States to Taiwan.
       (c) Annual Report.--Not later than 90 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 Secretary of Defense, shall submit to the 
     appropriate committees of Congress a classified report that 
     describes all training provided to the armed forces of Taiwan 
     in the prior fiscal year, including a description of how such 
     training--

[[Page S5846]]

       (1) achieved greater interoperability;
       (2) familiarized the militaries of the United States and 
     Taiwan with each other; and
       (3) improved Taiwan's defense capabilities.

     SEC. 5207. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE 
                   AND RESILIENCE.

       (a) Assessment Required.--Not later than 120 days after the 
     date of enactment of this Act, the Secretary of State and the 
     Secretary of Defense, in coordination with the Director of 
     National Intelligence and other cabinet Secretaries, as 
     appropriate, shall submit a written assessment, with a 
     classified annex, of Taiwan's needs in the areas of civilian 
     defense and resilience to the appropriate committees of 
     Congress, the Select Committee on Intelligence of the Senate, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (b) Matters To Be Included.--The assessment required under 
     subsection (a) shall--
       (1) analyze the potential role of Taiwan's public and 
     civilian assets in defending against various scenarios for 
     foreign militaries to coerce or conduct military aggression 
     against Taiwan;
       (2) carefully analyze Taiwan's needs for enhancing its 
     defensive capabilities through the support of civilians and 
     civilian sectors, including--
       (A) greater utilization of Taiwan's high tech labor force;
       (B) the creation of clear structures and logistics support 
     for civilian defense role allocation;
       (C) recruitment and skills training for Taiwan's defense 
     and civilian sectors;
       (D) strategic stockpiling of resources related to critical 
     food security and medical supplies; and
       (E) other defense and resilience needs and considerations 
     at the provincial, city, and neighborhood levels;
       (3) analyze Taiwan's needs for enhancing resiliency among 
     its people and in key economic sectors;
       (4) identify opportunities for Taiwan to enhance 
     communications at all levels to strengthen trust and 
     understanding between the military, other government 
     departments, civilian agencies and the general public, 
     including--
       (A) communications infrastructure necessary to ensure 
     reliable communications in response to a conflict or crisis; 
     and
       (B) a plan to effectively communicate to the general public 
     in response to a conflict or crisis; and
       (5) identify the areas and means through which the United 
     States could provide training, exercises, and assistance at 
     all levels to support the needs discovered through the 
     assessment and fill any critical gaps where capacity falls 
     short of such needs.
       (c) Form of Report.--Notwithstanding the classified nature 
     of the assessment required under subsection (a), the 
     assessment shall be shared with appropriate officials of the 
     government in Taiwan to facilitate cooperation.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     complete the assessment required under subsection (a) --
       (A) $500,000 for the Department of State; and
       (B) $500,000 for the Department of Defense.
       (2) Transfer authority.--The Secretary of State and the 
     Secretary of Defense are authorized to transfer any funds 
     appropriated to their respective departments pursuant to 
     paragraph (1) to the Director of National Intelligence for 
     the purposes of facilitating the contributions of the 
     intelligence community to the assessment required under 
     subsection (a).

     SEC. 5208. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR 
                   TAIWAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should appropriately prioritize 
     the review of excess defense article transfers to Taiwan.
       (b) Five-year Plan.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall--
       (1) develop a 5-year plan to appropriately prioritize 
     excess defense article transfers to Taiwan; and
       (2) submit a report to the appropriate committees of 
     Congress that describes such plan.
       (c) Required Coordination.--The United States Government 
     shall coordinate and align excess defense article transfers 
     with capacity building efforts of Taiwan.
       (d) Transfer Authority.--
       (1) In general.--Section 516(c)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by 
     striking ``and to the Philippines'' and inserting ``, to the 
     Philippines, and to Taiwan''.
       (2) Treatment of taiwan.--With respect to the transfer of 
     excess defense articles under section 516(c)(2) of the 
     Foreign Assistance Act of 1961, as amended by paragraph (1), 
     Taiwan shall receive the same benefits as the other countries 
     referred to in such section.

     SEC. 5209. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN 
                   MILITARY SALES PROGRAM.

       (a) Preclearance of Certain Foreign Military Sales Items.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Defense and in conjunction with coordinating entities such as 
     the National Disclosure Policy Committee and the Arms 
     Transfer and Technology Release Senior Steering Group, shall 
     compile a list of available and emerging military platforms, 
     technologies, and equipment that are pre-cleared and 
     prioritized for sale and release to Taiwan through the 
     Foreign Military Sales program.
       (2) Selection of items.--
       (A) In general.--The items pre-cleared for sale pursuant to 
     paragraph (1) shall represent a full range of capabilities 
     required to implement a strategy of denial informed by United 
     States readiness and risk assessments and determined by 
     Taiwan to be required for various wartime scenarios and 
     peacetime duties.
       (B) Rule of construction.--The list compiled pursuant to 
     paragraph (1) shall not be construed as limiting the type, 
     timing, or quantity of items that may be requested by, or 
     sold to, Taiwan under the Foreign Military Sales program.
       (C) Rule of construction.--Nothing in this division shall 
     be construed to supersede congressional notification 
     requirements as required by the Arms Export Control Act (22 
     U.S.C. 2751 et. seq.) or any informal tiered review process 
     for congressional notifications pertaining to Foreign 
     Military Sales.
       (b) Prioritized Processing of Foreign Military Sales 
     Requests From Taiwan.--
       (1) Requirement.--The Secretary of State and the Secretary 
     of Defense shall prioritize and expedite the processing of 
     requests from Taiwan under the Foreign Military Sales 
     program, and may not delay the processing of requests for 
     bundling purposes.
       (2) Duration.--The requirement under paragraph (1) shall 
     continue until the Secretary of State determines and 
     certifies to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that the threat to Taiwan has significantly 
     abated.
       (c) Priority Production.--
       (1) In general.--Contractors awarded Department of Defense 
     contracts to provide items for sale to Taiwan under the 
     Foreign Military Sales program should expedite and prioritize 
     the production of such items above the production of other 
     items.
       (2) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter for 10 
     years, the Secretary of State and the Secretary of Defense 
     shall jointly submit to the Committee on Foreign Relations 
     and the Committee on Armed Services of the Senate and the 
     Committee on Foreign Affairs and the Committee on Armed 
     Services of the House of Representatives a report describing 
     what actions the Department of State and the Department of 
     Defense have taken or are planning to take to prioritize 
     Taiwan's Foreign Military Sales cases, and current procedures 
     or mechanisms for determining that a Foreign Military Sales 
     case for Taiwan should be prioritized above a sale to another 
     country of the same or similar item.
       (d) Interagency Policy.--The Secretary of State and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     Foreign Military Sales requests from Taiwan, including 
     incorporating the preclearance provisions of this section.

     SEC. 5210. WHOLE-OF-GOVERNMENT DETERRENCE MEASURES TO RESPOND 
                   TO THE PEOPLE'S REPUBLIC OF CHINA'S FORCE 
                   AGAINST TAIWAN.

       (a) Whole-of-government Review.--Not later than 14 days 
     after the date of the enactment of this Act, the President 
     shall convene the heads of all relevant Federal departments 
     and agencies to conduct a whole-of-government review of all 
     available economic, diplomatic, and other strategic measures 
     to deter the use of force by the People's Republic of China 
     to change the status quo of Taiwan.
       (b) Briefing Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter 
     for the following 5 years, the Secretary of State, the 
     Secretary of the Treasury, the Secretary of Defense, the 
     Secretary of Commerce, the Director of National Intelligence, 
     and any other relevant heads of Federal departments and 
     agencies shall provide a detailed briefing to the appropriate 
     committees of Congress regarding--
       (1) all available economic, diplomatic, and other strategic 
     measures to deter the use of force by the People's Republic 
     of China, including coercion, grey-zone tactics, assertions, 
     shows of force, quarantines, embargoes, or other measures to 
     change the status quo of Taiwan;
       (2) efforts by the United States Government to deter the 
     use of force by the People's Republic of China to change the 
     status quo of Taiwan; and
       (3) progress to date of all coordination efforts between 
     the United States Government and its allies and partners with 
     respect to deterring the use of force to change the status 
     quo of Taiwan.
       (c) Coordinated Consequences With Allies and Partners.--The 
     Secretary of State shall--
       (1) coordinate with United States allies and partners to 
     identify and develop significant economic, diplomatic, and 
     other measures to deter the use of force by the People's 
     Republic of China to change the status quo of Taiwan; and
       (2) announce, in advance, the severe consequences that 
     would take effect immediately after the People's Republic of 
     China engaged in any such use of force.
       (d) Assignments for Defense Attaches.--The Secretary of 
     State shall work with the Secretary of Defense to post 
     resident Defense attaches in the Indo-Pacific region, 
     particularly in locations where the People's Republic of 
     China has a resident military attache

[[Page S5847]]

     and the United States does not have a comparable position.
       (e) Classified Briefings.--The briefings required under 
     this section shall take place in a classified setting.

     SEC. 5211. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE 
                   ADDITIONS AND SUPPORT FOR TAIWAN.

       (a) In General.--Section 514(b)(2)(A) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)(A)) is amended 
     by striking ``$200,000,000'' and all that follows and 
     inserting ``$500,000,000 for any of the fiscal years 2023, 
     2024, or 2025.''.
       (b) Establishment.--Subject to section 514 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321h), the President may 
     establish a regional contingency stockpile for Taiwan that 
     consists primarily of munitions.
       (c) Inclusion of Taiwan Among Other Allies Eligible for 
     Defense Articles.--Chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended--
       (1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by 
     inserting ``Taiwan,'' after ``Thailand,''; and
       (2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by 
     inserting ``to Taiwan,'' after ``major non-NATO allies on 
     such southern and southeastern flank,''.
       (d) Annual Briefing.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter for 7 
     years, the President shall provide a briefing to the 
     appropriate committees of Congress regarding the status of a 
     regional contingency stockpile established under subsection 
     (b).

     SEC. 5212. TREATMENT OF TAIWAN AS A MAJOR NON-NATO ALLY.

        Notwithstanding any other provision of law, Taiwan shall 
     be treated as though it were designated a major non-NATO 
     ally, as defined in section 644(q) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2403(q) et seq.), for the purposes of 
     the transfer or possible transfer of defense articles or 
     defense services under the Arms Export Control Act (22 U.S.C. 
     2751 et seq.), section 2350a of title 10, United States Code, 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
     or any other provision of law.

     SEC. 5213. USE OF PRESIDENTIAL DRAWDOWN AUTHORITY TO PROVIDE 
                   SECURITY ASSISTANCE TO TAIWAN.

       It is the sense of Congress that the President should use 
     the presidential drawdown authority under sections 506(a) and 
     552(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2318(a) and 2348a(c)) to provide security assistance and 
     other necessary commodities and services to Taiwan in support 
     of Taiwan's self-defense.

     SEC. 5214. INTERNATIONAL MILITARY EDUCATION AND TRAINING 
                   COOPERATION WITH TAIWAN.

       (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 promotes improved capabilities of the military forces of 
     allied and friendly countries and closer cooperation between 
     the United States Armed Forces and such military forces;
       (2) it is in the national interest of the United States and 
     consistent with the Taiwan Relations Act (Public Law 96-8; 22 
     U.S.C. 3301 et seq.) to further strengthen the military 
     forces of Taiwan, particularly--
       (A) to enhance the defensive capabilities of such forces; 
     and
       (B) to improve interoperability of such forces with the 
     United States Armed Forces; and
       (3) the government in Taiwan--
       (A) should be authorized to participate in the 
     International Military Education and Training program; and
       (B) should encourage eligible officers and civilian leaders 
     of Taiwan to participate in such training program and promote 
     successful graduates to positions of prominence in the 
     military forces of Taiwan.
       (b) Authorization of Participation of Taiwan in the 
     International Military Education and Training Program.--
     Taiwan is authorized to participate in the International 
     Military Education and Training program for the following 
     purposes:
       (1) To train future leaders of Taiwan.
       (2) To establish a rapport between the United States Armed 
     Forces and the military forces of Taiwan to build 
     partnerships for the future.
       (3) To enhance interoperability and capabilities for joint 
     operations between the United States and Taiwan.
       (4) To promote professional military education, civilian 
     control of the military, and protection of human rights in 
     Taiwan.
       (5) To foster a better understanding of the United States 
     among individuals in Taiwan.

     SEC. 5215. EXPEDITING DELIVERY OF ARMS EXPORTS TO TAIWAN AND 
                   UNITED STATES ALLIES IN THE INDO-PACIFIC.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) prioritizing the defense needs of United States allies 
     and partners in the Indo-Pacific is a national security 
     priority; and
       (2) sustained support to key Indo-Pacific partners for 
     interoperable defense systems is critical to preserve--
       (A) the safety and security of American persons;
       (B) the free flow of commerce through international trade 
     routes;
       (C) the United States commitment to collective security 
     agreements, territorial integrity, and recognized maritime 
     boundaries;
       (D) United States values regarding democracy and commitment 
     to maintaining a free and open Indo-Pacific; and
       (E) Taiwan's defense capability.
       (b) Report Required.--Not later than March 1, 2023, and 
     annually thereafter for a period of five years, the Secretary 
     of State, with the concurrence of the Secretary of Defense, 
     shall transmit to the appropriate committees of Congress a 
     report with respect to the transfer of all defense articles 
     or defense services that have yet to be completed pursuant to 
     the authorities provided by--
       (1) section 3, 21, or 36 of the Arms Export Control Act (22 
     U.S.C. 2753, 2761, or 2776); or
       (2) section 516(c)(2) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321j(c)(2)).
       (c) Elements.--The report required under subsection (b) 
     shall include the following elements:
       (1) A list of all approved transfers of defense articles 
     and services authorized by Congress pursuant to sections 25 
     and 36 of the Arms Export Control Act (22 U.S.C. 2765, 2776) 
     with a total value of $25,000,000 or more, to Taiwan, Japan, 
     South Korea, Australia, or New Zealand, that have not been 
     fully delivered by the start of the fiscal year in which the 
     report is being submitted.
       (2) The estimated start and end dates of delivery for each 
     approved and incomplete transfer listed pursuant to paragraph 
     (1), including additional details and dates for any transfers 
     that involve multiple tranches of deliveries.
       (3) With respect to each approved and incomplete transfer 
     listed pursuant to paragraph (1), a detailed description of--
       (A) any changes in the delivery dates of defense articles 
     or services relative to the dates anticipated at the time of 
     congressional approval of the transfer, including specific 
     reasons for any delays related to the United States 
     Government, defense suppliers, or a foreign partner;
       (B) the feasibility and advisability of providing the 
     partner subject to such delayed delivery with an interim 
     capability or solution, including drawing from United States 
     stocks, and the mechanisms under consideration for doing so 
     as well as any challenges to implementing such a capability 
     or solution;
       (C) authorities, appropriations, or waiver requests that 
     Congress could provide to improve delivery timelines or 
     authorize the provision of interim capabilities or solutions 
     identified pursuant to subparagraph (B); and
       (D) a description of which countries are ahead of Taiwan 
     for delivery of each item listed pursuant to paragraph (1).
       (4) A description of ongoing interagency efforts to support 
     attainment of operational capability of the corresponding 
     defense articles and services once delivered, including 
     advance training with United States or armed forces of 
     partner countries on the systems to be received. The 
     description of any such training shall also include an 
     identification of the training implementer.
       (5) If a transfer listed pursuant to paragraph (1) has been 
     terminated prior to the date of the submission of the report 
     for any reason--
       (A) the case information for such transfer, including the 
     date of congressional notification, delivery date of the 
     Letter of Offer and Acceptance (LOA), final signature of the 
     LOA, and information pertaining to delays in delivering LOAs 
     for signature;
       (B) a description of the reasons for which the transfer is 
     no longer in effect; and
       (C) the impact this termination will have on the intended 
     end-user and the consequent implications for regional 
     security, including the impact on deterrence of military 
     action by countries hostile to the United States, the 
     military balance in the Taiwan Strait, and other factors.
       (6) A separate description of the actions the United States 
     is taking to expedite deliveries of defense articles and 
     services to Taiwan, including in particular, whether the 
     United States intends to divert defense articles from United 
     States stocks to provide an interim capability or solution 
     with respect to any delayed deliveries to Taiwan and the 
     plan, if applicable, to replenish any such diverted stocks.
       (7) A description of other potential actions already 
     undertaken by or currently under consideration by the 
     Department of State and the Department of Defense to improve 
     delivery timelines for the transfers listed pursuant to 
     paragraph (1).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (e) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form but may include a 
     classified annex.

    TITLE III--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND 
                          INFLUENCE CAMPAIGNS

     SEC. 5301. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION 
                   OPERATIONS TARGETING TAIWAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act and annually thereafter for the 
     following 5 years, the Secretary of State shall develop and 
     implement a strategy to respond to--
       (1) covert, coercive, and corrupting activities carried out 
     to advance the Chinese Communist Party's ``United Front'' 
     work, including activities directed, coordinated, or 
     otherwise supported by the United Front Work

[[Page S5848]]

     Department or its subordinate or affiliated entities; and
       (2) information and disinformation campaigns, cyber 
     attacks, and nontraditional propaganda measures supported by 
     the Government of the People's Republic of China and the 
     Chinese Communist Party that are directed toward persons or 
     entities in Taiwan.
       (b) Elements.--The strategy required under subsection (a) 
     shall include descriptions of--
       (1) the proposed response to propaganda and disinformation 
     campaigns by the People's Republic of China and cyber-
     intrusions targeting Taiwan, including--
       (A) assistance in building the capacity of the government 
     in Taiwan and private-sector entities to document and expose 
     propaganda and disinformation supported by the Government of 
     the People's Republic of China, the Chinese Communist Party, 
     or affiliated entities;
       (B) assistance to enhance the government in Taiwan's 
     ability to develop a whole-of-government strategy to respond 
     to sharp power operations, including election interference; 
     and
       (C) media training for Taiwan officials and other Taiwan 
     entities targeted by disinformation campaigns;
       (2) the proposed response to political influence operations 
     that includes an assessment of the extent of influence 
     exerted by the Government of the People's Republic of China 
     and the Chinese Communist Party in Taiwan on local political 
     parties, financial institutions, media organizations, and 
     other entities;
       (3) support for exchanges and other technical assistance to 
     strengthen the Taiwan legal system's ability to respond to 
     sharp power operations;
       (4) the establishment of a coordinated partnership, through 
     the American Institute in Taiwan's Global Cooperation and 
     Training Framework, with like-minded governments to share 
     data and best practices with the government in Taiwan 
     regarding ways to address sharp power operations supported by 
     the Government of the People's Republic of China and the 
     Chinese Communist Party; and
       (5) programs carried out by the Global Engagement Center to 
     expose misinformation and disinformation in the Chinese 
     Communist Party's propaganda.

     SEC. 5302. STRATEGY TO COUNTER ECONOMIC COERCION BY THE 
                   PEOPLE'S REPUBLIC OF CHINA TARGETING COUNTRIES 
                   AND ENTITIES THAT SUPPORT TAIWAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     the following 5 years, the Secretary of State shall submit to 
     the appropriate committees of Congress a description of the 
     strategy being used by the Department of State to respond to 
     the Government of the People's Republic of China's increased 
     economic coercion against countries which have strengthened 
     their ties with, or support for, Taiwan.
       (b) Assistance for Countries and Entities Targeted by the 
     People's Republic of China for Economic Coercion.--The 
     Department of State, the United States Agency for 
     International Development, the United States International 
     Development Finance Corporation, the Department of Commerce 
     and the Department of the Treasury shall provide appropriate 
     assistance to countries and entities that are subject to 
     coercive economic practices by the People's Republic of 
     China.

     SEC. 5303. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

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

[[Page S5849]]

       (ii) assess, including through the use of illustrative 
     examples, as appropriate, the impact on and consequences for 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, that 
     criticize--

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

       (iii) identify the implications for the United States of 
     the matters described in clauses (i) and (ii);
       (iv) assess the methods and evaluate the efficacy of the 
     efforts by the Government of the People's Republic of China 
     to limit freedom of expression in the private sector, 
     including media, social media, film, education, travel, 
     financial services, sports and entertainment, technology, 
     telecommunication, and internet infrastructure interests;
       (v) include policy recommendations for the United States 
     Government, including recommendations regarding collaboration 
     with United States allies and partners, to address censorship 
     and intimidation by the Government of the People's Republic 
     of China; and
       (vi) include policy recommendations for United States 
     persons, including United States companies that conduct 
     business in China, to address censorship and intimidation by 
     the Government of the People's Republic of China.
       (C) Applicability to united states allies and partners.--To 
     the extent practicable, the report required under 
     subparagraph (A) should identify implications and policy 
     recommendations that are relevant to United States allies and 
     partners facing censorship and intimidation directed or 
     directly supported by the Government of the People's Republic 
     of China.
       (2) Submission of report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit the report written by the qualified research entity 
     selected pursuant to paragraph (1)(A) to the appropriate 
     congressional committees.
       (B) Publication.--The report referred to in subparagraph 
     (A) shall be made accessible to the public online through 
     relevant United States Government websites.

      TITLE IV--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS

     SEC. 5401. PARTICIPATION OF TAIWAN IN INTERNATIONAL 
                   ORGANIZATIONS.

       (a) Statement of Policy.--It is the policy of the United 
     States to promote Taiwan's inclusion and meaningful 
     participation in international organizations.
       (b) Support for Meaningful Participation.--The Permanent 
     Representative of the United States to the United Nations and 
     other relevant United States officials shall actively support 
     Taiwan's meaningful participation in all appropriate 
     international organizations.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that--
       (1) describes the People's Republic of China's efforts at 
     the United Nations and other international bodies to block 
     Taiwan's meaningful participation and inclusion; and
       (2) recommends appropriate responses that should be taken 
     by the United States to carry out the policy described in 
     subsection (a).

     SEC. 5402. PARTICIPATION OF TAIWAN IN THE INTER-AMERICAN 
                   DEVELOPMENT BANK.

       It is the sense of Congress that--
       (1) the United States fully supports Taiwan's participation 
     in, and contribution to, international organizations and 
     underscores the importance of the relationship between Taiwan 
     and the United States;
       (2) diversifying the donor base of the Inter-American 
     Development Bank (referred to in this title as the ``IDB'') 
     and increasing allied engagement in the Western Hemisphere 
     reinforces United States national interests;
       (3) Taiwan's significant contribution to the development 
     and economies of Latin America and the Caribbean demonstrate 
     that Taiwan's membership in the IDB as a non-borrowing member 
     would benefit the IDB and the entire Latin American and 
     Caribbean region; and
       (4) non-borrowing membership in the IDB would allow Taiwan 
     to substantially leverage and channel the immense resources 
     Taiwan already provides to Latin America and the Caribbean to 
     reach a larger number of beneficiaries.

     SEC. 5403. PLAN FOR TAIWAN'S PARTICIPATION IN THE INTER-
                   AMERICAN DEVELOPMENT BANK.

       The Secretary of State, in coordination with the Secretary 
     of the Treasury, is authorized--
       (1) to initiate a United States plan to endorse non-
     borrowing IDB membership for Taiwan; and
       (2) to instruct the United States Governor of the IDB to 
     work with the IDB Board of Governors to admit Taiwan as a 
     non-borrowing member of the IDB.

     SEC. 5404. REPORT CONCERNING MEMBER STATE STATUS FOR TAIWAN 
                   AT THE INTER-AMERICAN DEVELOPMENT BANK.

       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 5 years, the Secretary of State, in 
     coordination with the Secretary of the Treasury, 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 endorse and obtain 
     non-borrowing membership status for Taiwan at the IDB;
       (2) includes an account of the efforts made by the 
     Secretary of State and the Secretary of the Treasury to 
     encourage IDB member states to promote Taiwan's bid to obtain 
     non-borrowing membership at the IDB; and
       (3) identifies the steps that the Secretary of State and 
     the Secretary of the Treasury will take to endorse and obtain 
     non-borrowing membership status for Taiwan at the IDB in the 
     following year.

     SEC. 5405. CLARIFICATION REGARDING UNITED NATIONS GENERAL 
                   ASSEMBLY RESOLUTION 2758 (XXVI).

       Section 2(a) of the Taiwan Allies International Protection 
     and Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 
     116-135) is amended by adding at the end the following:
       ``(10) United Nations General Assembly Resolution 2758 
     (1971)--
       ``(A) established the representatives of the Government of 
     the People's Republic of China as the only lawful 
     representatives of China to the United Nations;
       ``(B) did not address the issue of representation and 
     meaningful participation of Taiwan and its people in the 
     United Nations or in any related organizations; and
       ``(C) did not take a position on the relationship between 
     the People's Republic of China and Taiwan or include any 
     statement pertaining to Taiwan's sovereignty.
       ``(11) The United States opposes any initiative that seeks 
     to change Taiwan's status without the consent of the people 
     of Taiwan.''.

     SEC. 5406. 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 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.

  TITLE V--ENHANCED DEVELOPMENT AND ECONOMIC COOPERATION BETWEEN THE 
                        UNITED STATES AND TAIWAN

     SEC. 5501. FINDINGS.

       Congress makes the following findings:

[[Page S5850]]

       (1) Taiwan has been an important trading partner of the 
     United States for many years, accounting for $114,000,000,000 
     in two-way trade in 2021.
       (2) Taiwan has demonstrated the capacity to hold a strong 
     economic partnership with the United States. Along with a 
     robust trading profile of goods and services, Taiwan supports 
     an estimated 208,000 American jobs and its cumulative 
     investment in the United States is at least $13,700,000,000, 
     numbers that will only increase with a comprehensive 
     bilateral trade agreement.
       (3) In addition to supplementing United States goods and 
     services, Taiwan is a reliable partner in many United States' 
     industries, which is not only critical for diversifying 
     United States supply chains, but is also essential to 
     reducing the United States' reliance on other countries, such 
     as China, who seek to leverage supply chain inefficiencies in 
     their path to regional and global dominance. Such 
     diversification of United States supply chains is critical to 
     our national security.
       (4) The challenges to establishing an agreement with 
     Taiwan, such as reaching an agreement on agricultural 
     standards, must not prevent the completion of a bilateral 
     trade agreement. Taiwan has already taken steps to further 
     the progress towards such an agreement by announcing its 
     intent to lift restrictions on United States pork and beef 
     products, which will greatly increase the accessibility of 
     American farmers and ranchers to Taiwan markets. In light of 
     this important development, the United States should 
     immediately move forward with substantial negotiations for a 
     comprehensive bilateral trade agreement with Taiwan.
       (5) A free and open Indo-Pacific is a goal that needs to be 
     actively pursued to counter China's use of unfair trading 
     practices and other policies to advance its economic 
     dominance in the Indo-Pacific region. An agreement with 
     Taiwan would--
       (A) help the United States accomplish this goal by building 
     a network of like-minded governments dedicated to fair 
     competition and open markets that are free from government 
     manipulation; and
       (B) encourage other nations to deepen economic ties with 
     Taiwan.
       (6) Since November 2020, Taiwan and the United States have 
     engaged in the U.S.-Taiwan Economic Prosperity Partnership 
     Dialogue, covering a broad range of economic issues 
     including--
       (A) 5G networks and telecommunications security;
       (B) supply chains resiliency;
       (C) infrastructure cooperation;
       (D) renewable energy;
       (E) global health; and
       (F) science and technology.
       (7) A trade agreement between the United States and Taiwan 
     would promote security and economic growth for the United 
     States, Taiwan, and the entire Indo-Pacific region.
       (8) Excluding Taiwan from the Indo-Pacific Economic 
     Framework would--
       (A) create significant distortions in the regional and 
     global economic architecture; and
       (B) run counter to the United States' economic interests.
       (9) Taiwan is the United States' largest trading partner 
     with whom we do not have an income tax treaty or agreement. 
     Taiwan has such agreements with 34 countries, including 
     countries that have trade agreements with the United States 
     and do not maintain diplomatic relations with Taiwan.
       (10) The American Chamber of Commerce in Taipei, in its 
     ``2022 Taiwan White Paper'', called for the United States and 
     Taiwan to continue exploring an income tax agreement to boost 
     bilateral trade and investment by reducing double taxation 
     and increasing economic efficiency and integration.

     SEC. 5502. SENSE OF CONGRESS ON A FREE TRADE AGREEMENT AND 
                   BILATERAL TAX AGREEMENT WITH TAIWAN, THE INDO-
                   PACIFIC ECONOMIC FRAMEWORK, AND CBP 
                   PRECLEARANCE.

       It is the Sense of Congress that--
       (1) the United States Trade Representative should resume 
     meetings under the United States and Taiwan Trade and 
     Investment Framework Agreement with the goal of reaching a 
     bilateral free trade agreement with Taiwan;
       (2) the United States Trade Representative should undertake 
     efforts to assess whether the Agreement Concerning Digital 
     Trade, signed at Washington October 7, 2019, and entered into 
     force January 1, 2020, between the United States and Japan, 
     provides a model for a similar agreement between the United 
     States and Taiwan to strengthen economic ties with Taiwan in 
     key sectors;
       (3) the United States Trade Representative and the 
     Secretary of Commerce should undertake efforts to assure 
     Taiwan's engagement and participation in the Indo-Pacific 
     Economic Framework;
       (4) the United States should utilize and expand 
     Preclearance programs to meet the needs of the United States 
     travel and tourism industry, including by prioritizing the 
     establishment of Preclearance facilities with Indo-Pacific 
     allies and partners, including Taiwan; and
       (5) the United States should--
       (A) begin negotiations on an income tax agreement between 
     the American Institute in Taiwan and the Taipei Economic and 
     Cultural Representative Office in the United States; and
       (B) work on a congressional-executive agreement to 
     establish such an income tax agreement.

     SEC. 5503. SENSE OF CONGRESS ON UNITED STATES-TAIWAN 
                   DEVELOPMENT COOPERATION.

       It is the sense of Congress that--
       (1) the United States and Taiwan share common development 
     goals in a wide range of sectors, including public health, 
     agriculture, food security, democracy and governance, and 
     education;
       (2) enhanced cooperation between the United States and 
     Taiwan would better advance these goals; and
       (3) the United States Agency for International Development 
     should explore opportunities to partner with Taiwan on 
     projects in developing countries related to inclusive 
     economic growth, resilience, global health, education, 
     infrastructure, humanitarian assistance, disaster relief, and 
     other areas.

 TITLE VI--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS 
                              WITH TAIWAN

     SEC. 5601. SHORT TITLE.

       This title may be cited as the ``Taiwan Fellowship Act''.

     SEC. 5602. 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. 5603. PURPOSES.

       The purposes of this title 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 
     government in Taiwan or a Taiwanese civic institution;
       (2) to provide for eligible United States personnel--
       (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. 5604. DEFINITIONS.

       In this title:
       (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--

[[Page S5851]]

       (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 5605.

     SEC. 5605. 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 5608(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 
     government in 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 title, should work in--
       (A) a parliamentary office, ministry, or other agency of 
     the government in Taiwan; or
       (B) an organization outside of the government in 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 title 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 
     government in 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 
     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. 5606. REPORTS AND AUDITS.

       (a) Annual Report.--Not later than 90 days after the 
     selection of the first class of fellows under this title, 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 government in 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

[[Page S5852]]

     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. 5607. 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 
     title, to the American Institute in Taiwan for the purpose of 
     assignment to the government in Taiwan or an organization 
     described in section 5605(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 5605(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 government in 
     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. 5608. 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. 5609. STUDY AND REPORT.

       Not later than one year prior to the sunset of the 
     fellowship program under section 605(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--
       (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. 5610. 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.

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 5701. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL 
                   BILATERAL AND MULTILATERAL FORUMS AND 
                   EXERCISES.

       (a) Statement of Policy.--It is the policy of the United 
     States to invite Taiwanese counterparts to participate in 
     high-level bilateral and multilateral summits, military 
     exercises, and economic dialogues and forums.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States Government should invite Taiwan to 
     regional dialogues on issues of mutual concern;
       (2) the United States Government and Taiwanese counterparts 
     should resume meetings

[[Page S5853]]

     under the United States-Taiwan Trade and Investment Framework 
     Agreement and reach a bilateral free trade agreement that 
     provides high levels of labor rights and environmental 
     protections;
       (3) the United States Government should invite Taiwan to 
     participate in bilateral and multilateral military training 
     exercises;
       (4) the United States Government and Taiwanese counterparts 
     should engage in a regular and routine strategic bilateral 
     dialogue on arms sales in accordance with Foreign Military 
     Sales mechanisms; and
       (5) the United States Government should support export 
     licenses for direct commercial sales supporting Taiwan's 
     indigenous defensive capabilities.

     SEC. 5702. REPORT ON TAIWAN TRAVEL ACT.

       (a) List of High-level Visits.--Not later than 180 days 
     after the date of the enactment of this Act, and annually 
     thereafter for the following 5 years, the Secretary of State, 
     in accordance with the Taiwan Travel Act (Public Law 115-
     135), shall submit to the appropriate congressional 
     committees--
       (1) a list of high-level officials from the United States 
     Government who have traveled to Taiwan; and
       (2) a list of high-level officials of Taiwan who have 
     entered the United States.
       (b) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter for a 
     period of 5 years, the Secretary of State shall submit a 
     report on the implementation of the Taiwan Travel Act, 
     including a discussion of its positive effects on United 
     States interests in the region, to the appropriate 
     congressional committees.

     SEC. 5703. PROHIBITIONS AGAINST UNDERMINING UNITED STATES 
                   POLICY REGARDING TAIWAN.

       (a) Finding.--Congress finds that the efforts by the 
     Government of the People's Republic of China and the Chinese 
     Communist Party to compel private United States businesses, 
     corporations, and nongovernmental entities to use language 
     mandated by the People's Republic of China (referred to in 
     this section as the ``PRC'') to describe the relationship 
     between Taiwan and the PRC are an illegitimate attempt to 
     enforce political censorship globally.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States Government, in coordination with United 
     States businesses and nongovernmental entities, should 
     formulate a code of conduct for, and otherwise coordinate on, 
     interacting with the Government of the PRC and the Chinese 
     Communist Party and their affiliated entities, the aim of 
     which is--
       (1) to counter PRC operations that threaten free speech, 
     academic freedom, and the normal operations of United States 
     businesses and nongovernmental entities; and
       (2) to counter PRC efforts to censor the way the world 
     refers to issues deemed sensitive to the PRC Government and 
     Chinese Communist Party leaders, including issues related to 
     Taiwan, Tibet, the Tiananmen Square Massacre, and the mass 
     internment of Uyghurs and other Turkic Muslims, among many 
     other issues.
       (c) Prohibition Against Recognizing the People's Republic 
     of China's Claims to Sovereignty Over Taiwan.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) issues related to the sovereignty of Taiwan are for the 
     people of Taiwan to decide through the democratic process 
     they have established;
       (B) the dispute between the PRC and Taiwan must be resolved 
     peacefully and with the assent of the people of Taiwan;
       (C) the 2 key obstacles to peaceful resolution are--
       (i) the authoritarian nature of the PRC political system 
     under one-party rule of the Chinese Communist Party, which is 
     fundamentally incompatible with Taiwan's democracy; and
       (ii) the PRC's pursuit of coercion and aggression towards 
     Taiwan, in potential violation of the third United States-PRC 
     Joint Communique, which was completed on August 17, 1982;
       (D) any attempt to coerce or force the people of Taiwan to 
     accept a political arrangement that would subject them to 
     direct or indirect rule by the PRC, including a ``one 
     country, two systems'' framework, would constitute a grave 
     challenge to United States security interests in the region.
       (2) Statement of policy.--It is the policy of the United 
     States to oppose any attempt by the PRC authorities to 
     unilaterally impose a timetable or deadline for unification 
     on Taiwan.
       (3) Prohibition on recognition of prc claims without the 
     assent of people of taiwan.--No department or agency of the 
     United States Government may formally or informally recognize 
     PRC claims to sovereignty over Taiwan without the assent of 
     the people of Taiwan, as expressed directly through the 
     democratic process.
       (d) Strategy To Protect United States Businesses and 
     Nongovernmental Entities From Coercion.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Commerce, the Secretary of 
     the Treasury, and the heads of other relevant Federal 
     agencies, shall submit an unclassified report, with a 
     classified annex, if necessary, on how to protect United 
     States businesses and nongovernmental entities from PRC 
     operations, including coercion and threats that lead to 
     censorship or self-censorship, or which compel compliance 
     with political or foreign policy positions of the Government 
     of the People's Republic of China and the Chinese Communist 
     Party.
       (2) Elements.--The strategy shall include--
       (A) information regarding efforts by the PRC Government to 
     censor the websites of United States airlines, hotels, and 
     other businesses regarding the relationship between Taiwan 
     and the PRC;
       (B) information regarding efforts by the PRC Government to 
     target United States nongovernmental entities through 
     operations intended to weaken support for Taiwan;
       (C) information regarding United States Government efforts 
     to counter the threats posed by Chinese state-sponsored 
     propaganda and disinformation, including information on best 
     practices, current successes, and existing barriers to 
     responding to such threat; and
       (D) details of any actions undertaken to create the code of 
     conduct described in subsection (b), including a timetable 
     for the implementation of such code of conduct.

     SEC. 5704. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL 
                   PROTECTION AND ENHANCEMENT INITIATIVE (TAIPEI) 
                   ACT OF 2019.

       The Taiwan Allies International Protection and Enhancement 
     Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is 
     amended--
       (1) in section 2(5), by striking ``and Kiribati'' and 
     inserting ``Kiribati, and Nicaragua,'';
       (2) in section 4--
       (A) in the matter preceding paragraph (1), by striking 
     ``should be'' and inserting ``is'';
       (B) in paragraph (2), by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) to support Taiwan's diplomatic relations with other 
     governments and countries.''; and
       (3) in section 5--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``and'' at the end;
       (ii) in paragraph (3), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(4) identify why governments and countries have altered 
     their diplomatic status vis-a-vis Taiwan and make 
     recommendations to mitigate further deterioration in Taiwan's 
     diplomatic relations with other governments and countries.'';
       (B) in subsection (b), by striking ``1 year after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Secretary of State shall report'' and 
     inserting ``90 days after the date of the enactment of the 
     Taiwan Policy Act of 2022, and annually thereafter for a 
     period of 7 years, the Secretary of State shall submit an 
     unclassified report, with a classified annex,'';
       (C) by redesignating subsection (c) as subsection (d); and
       (D) by inserting after subsection (b) the following:
       ``(c) Briefings.--Not later than 90 days after the date of 
     the enactment of the Taiwan Policy Act of 2022, and annually 
     thereafter for a period of 7 years, the Department of State 
     shall provide briefings to the appropriate congressional 
     committees on the steps taken in accordance with section (a). 
     The briefings required under this subsection shall take place 
     in an unclassified setting, but may be accompanied by an 
     additional classified briefing.''.

     SEC. 5705. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S 
                   NUCLEAR THREAT IN ESCALATION DYNAMICS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall submit to Congress a report 
     assessing the role of the increasing nuclear threat of the 
     People's Republic of China in escalation dynamics with 
     respect to Taiwan.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 5706. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR 
                   AGAINST UKRAINE ON THE OBJECTIVES OF THE 
                   PEOPLE'S REPUBLIC OF CHINA WITH RESPECT TO 
                   TAIWAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall submit a report to the 
     appropriate congressional committees that analyzes the impact 
     of Russia's war against Ukraine on the PRC's diplomatic, 
     military, economic, and propaganda objectives with respect to 
     Taiwan.
       (b) Elements.--The report required under subsection (a) 
     shall describe--
       (1) adaptations or known changes to PRC strategies and 
     military doctrine since the commencement of the Russian 
     invasion of Ukraine on February 24, 2022, including changes--
       (A) to PRC behavior in international forums;
       (B) within the People's Liberation Army, with respect to 
     the size of forces, the makeup of leadership, weapons 
     procurement, equipment upkeep, the doctrine on the use of 
     specific weapons, such as weapons banned under the 
     international law of armed conflict, efforts to move weapons 
     supply chains onto mainland PRC, or any other changes in its 
     military strategy with respect to Taiwan;

[[Page S5854]]

       (C) in economic planning, such as sanctions evasion, 
     efforts to minimize exposure to sanctions, or moves in 
     support of the protection of currency or other strategic 
     reserves;
       (D) to propaganda, disinformation, and other information 
     operations originating in the PRC; and
       (E) to the PRC's strategy for the use of force against 
     Taiwan, including any information on preferred scenarios or 
     operations to secure its objectives in Taiwan, adjustments 
     based on how the Russian military has performed in Ukraine, 
     and other relevant matters;
       (2) United States' plans to adapt its policies and military 
     planning in response to the changes referred to in paragraph 
     (1).
       (c) Form.--The report required under subsection (a) shall 
     be submitted in classified form.
       (d) Coordination With Allies and Partners.--The Secretary 
     of State shall share information contained in the report 
     required under subsection (a), as appropriate, with 
     appropriate officials of allied and partner nations, 
     including Taiwan and allies in Europe and in the Indo-
     Pacific.
       (e) Defined Term.--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 Appropriations of the Senate;
       (4) the Select Committee on Intelligence of the Senate;
       (5) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (6) the Committee on Foreign Affairs of the House of 
     Representatives;
       (7) the Committee on Armed Services of the House of 
     Representatives;
       (8) the Committee on Appropriations of the House of 
     Representatives;
       (9) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (10) the Committee on Financial Services of the House of 
     Representatives.

     SEC. 5707. 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 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 congressional committees 
     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.

   TITLE VIII--DETERRENCE MEASURES FOR CROSS-STRAIT STABILITY AND TO 
    IMPOSE COSTS ON THE PEOPLE'S REPUBLIC OF CHINA FOR UNILATERALLY 
       CHANGING OR ATTEMPTING TO CHANGE THE STATUS QUO OF TAIWAN

     SEC. 5801. DEFINITIONS.

       In this title:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given such 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Financial Services of the House of 
     Representatives.
       (3) CCP.--The term ``CCP'' means the Chinese Communist 
     Party.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given such term in 
     regulations prescribed by the Secretary of the Treasury.
       (6) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person had 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) People's liberation army; pla.--The terms ``People's 
     Liberation Army'' and ``PLA'' mean the armed forces of the 
     People's Republic of China.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 5802. DETERMINATIONS WITH RESPECT TO ACTIVITIES OF THE 
                   PEOPLE'S REPUBLIC OF CHINA AGAINST TAIWAN.

       (a) In General.--The President shall determine, in 
     accordance with subsection (b), whether--
       (1) the Government of the People's Republic of China, the 
     Chinese Communist Party, or any proxy, or person or entity 
     under the control of or acting at the direction thereof, is 
     knowingly engaged in a significant escalation in aggression, 
     including overt or covert military activity, in or against 
     Taiwan, compared to the level of aggression in or against 
     Taiwan on or after the date of the enactment of this Act; and
       (2) if such engagement exists, whether such escalation 
     demonstrates an attempt to achieve or has the significant 
     effect of achieving the physical or political control of 
     Taiwan, including by--
       (A) overthrowing or dismantling the governing institutions 
     in Taiwan;
       (B) occupying any territory controlled or administered by 
     Taiwan as of the date of the enactment of this Act;
       (C) violating the territorial integrity of Taiwan; or
       (D) taking significant action against Taiwan, including--
       (i) creating a naval blockade of Taiwan;
       (ii) seizing the outer lying islands of Taiwan; or
       (iii) initiating a significant cyber attack that threatens 
     the civilian or military infrastructure of Taiwan.
       (b) Timing of Determinations.--The President shall make the 
     determination described in subsection (a)--
       (1) not later than 15 days after the date of the enactment 
     of this Act;
       (2) after the first determination under paragraph (1), not 
     less frequently than once every 90 days (or more frequently, 
     if warranted) during the 1-year period beginning on such date 
     of enactment; and

[[Page S5855]]

       (3) after the end of such 1-year period, not less 
     frequently than once every 120 days.
       (c) Report Required.--Upon making a determination described 
     in subsection (a), the President shall submit a report 
     describing the factors influencing such determination to the 
     appropriate committees of Congress.
       (d) Congressional Requests.--Not later than 30 days after 
     receiving a request from the chairman and ranking member of 
     the Committee on Foreign Relations of the Senate or the 
     Committee on Foreign Affairs of the House of Representatives 
     with respect to whether the People's Republic of China or the 
     Chinese Communist Party, including through any proxies of the 
     People's Republic of China or the Chinese Communist Party, 
     has engaged in an act described in subsection (a), the 
     President shall--
       (1) determine if the People's Republic of China or the 
     Chinese Communist Party has engaged in such an act; and
       (2) submit a report to the appropriate committees of 
     Congress that contains a detailed explanation of such 
     determination.

     SEC. 5803. IMPOSITION OF SANCTIONS ON OFFICIALS OF THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA 
                   RELATING TO OPERATIONS IN TAIWAN.

       (a) Defined Term.--In this section, the term ``top 
     decision-making bodies'' may include--
       (1) the CCP Politburo Standing Committee;
       (2) the CCP Party Central Military Commission;
       (3) the CCP Politburo;
       (4) the CCP Central Committee;
       (5) the CCP National Congress;
       (6) the State Council of the People's Republic of China; 
     and
       (7) the State Central Military Commission of the CCP.
       (b) In General.--Not later than 60 days after making an 
     affirmative determination under section 5802(a), the 
     President shall impose the sanctions described in section 
     5807 with respect to at least 100 officials of the Government 
     of the People's Republic of China specified in subsection 
     (c), to the extent such officials can be identified.
       (c) Officials Specified.--The officials specified in this 
     subsection shall include--
       (1) senior civilian and military officials of the People's 
     Republic of China and military officials who have command or 
     clear and direct decision-making power over military 
     campaigns, military operations, and military planning against 
     Taiwan conducted by the People's Liberation Army;
       (2) senior civilian and military officials of the People's 
     Republic of China who have command or clear and direct 
     decision-making power in the Chinese Coast Guard and the 
     Chinese People's Armed Police and are engaged in planning or 
     implementing activities that involve the use of force against 
     Taiwan;
       (3) senior or special advisors to the President of the 
     People's Republic of China;
       (4) officials of the Government of the People's Republic of 
     China who are members of the top decision-making bodies of 
     that Government;
       (5) the highest-ranking Chinese Communist Party members of 
     the decision-making bodies referred to in paragraph (4); and
       (6) officials of the Government of the People's Republic of 
     China in the intelligence agencies or security services who--
       (A) have clear and direct decisionmaking power; and
       (B) have engaged in or implemented activities that--
       (i) materially undermine the military readiness of Taiwan;
       (ii) overthrow or decapitate the Taiwan's government;
       (iii) debilitate Taiwan's electric grid, critical 
     infrastructure, or cybersecurity systems through offensive 
     electronic or cyber attacks;
       (iv) undermine Taiwan's democratic processes through 
     campaigns to spread disinformation; or
       (v) involve committing serious human rights abuses against 
     citizens of Taiwan, including forceful transfers, enforced 
     disappearances, unjust detainment, or torture.
       (d) Additional Officials.--
       (1) List required.--Not later than 30 days after making an 
     affirmative determination under section 5802(a) and every 90 
     days thereafter, the President shall submit a list to the 
     appropriate committees of Congress that identifies any 
     additional foreign persons who--
       (A) the President determines are officials specified in 
     subsection (c); and
       (B) who were not included on any previous list of such 
     officials.
       (2) Imposition of sanctions.--Upon the submission of the 
     list required under paragraph (1), the President shall impose 
     the sanctions described in section 5807 with respect to each 
     foreign person included on the list.

     SEC. 5804. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
                   INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Joint-equity bank.--The term ``joint-equity bank'' 
     means a bank under the jurisdiction of the People's Republic 
     of China in which--
       (A) the bank's equity is owned jointly by the shareholders; 
     and
       (B) the Government of the People's Republic of China holds 
     an interest.
       (2) National joint-stock commercial bank.--The term 
     ``national joint-stock commercial bank'' means a bank under 
     the jurisdiction of the People's Republic of China in which--
       (A) the bank's stock is owned jointly by the shareholders; 
     and
       (B) the Government of the People's Republic of China holds 
     an interest.
       (3) National state-owned policy bank.--The term ``national 
     state-owned policy bank'' means a bank that--
       (A) is incorporated in the People's Republic of China; and
       (B) was established by the Government of the People's 
     Republic of China to advance investments in specific policy 
     domains that advance the interests and goals of the People's 
     Republic of China.
       (b) In General.--
       (1) In general.--Not later than 30 days after making an 
     affirmative determination under section 5802(a), the 
     President shall impose the sanctions described in section 
     5807(a) with respect to--
       (A) at least 5 state-owned banks in the People's Republic 
     of China, including at least 3 of the largest state-owned 
     banks.
       (B) at least 3 national joint-stock commercial banks in the 
     People's Republic of China;
       (C) at least 3 national state-owned policy banks in the 
     People's Republic of China;
       (D) at least 3 joint-equity banks or other commercial banks 
     in the People's Republic of China; and
       (E) entities that regulate the banking sector of the 
     People's Republic of China, or major financial asset 
     management companies regulated by the Government of the 
     People's Republic of China.
       (2) Subsidiaries and successor entities.--The President may 
     impose the sanctions described in section 5807 with respect 
     to any subsidiary of, or successor entity to, a financial 
     institution specified in paragraph (1).
       (c) Additional People's Republic of China Financial 
     Institutions.--
       (1) List required.--Not later than 30 days after making an 
     affirmative determination under section 5802(a), and every 90 
     days thereafter, the President shall submit a list to the 
     appropriate committees of Congress that identifies any 
     foreign persons that the President determines--
       (A) are significant financial institutions owned or 
     operated by the Government of the People's Republic of China; 
     and
       (B) should be sanctioned in the interest of United States 
     national security.
       (2) Imposition of sanctions.--Upon the submission of each 
     list required under paragraph (1), the President shall impose 
     the sanctions described in section 5807 with respect to each 
     foreign person identified on such list.

     SEC. 5805. REPORTING REQUIREMENT.

       (a) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Banking, Housing, and Urban Affairs 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 Committee on Financial Services of the House of 
     Representatives; and
       (6) the Committee on Armed Services of the House of 
     Representatives.
       (b) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and every 90 days thereafter for a 
     period of 3 years, the President shall submit to the 
     appropriate congressional committees a report that includes 
     information, if any, regarding the officials specified in 
     section 5803(b) and the entities specified in section 5804(b) 
     that could be relevant to making a determination under 
     section 5802(a).
       (c) Form.--Each report required under subsection (b) shall 
     be submitted in classified form.

     SEC. 5806. ADDITIONAL SANCTIONS.

       (a) In General.--Beginning on the date that is 90 days 
     after the date of the enactment of this Act, the President 
     shall impose the sanctions described in section 5807 on any 
     foreign person that the President determines, while acting 
     for or on behalf of the Government of the People's Republic 
     of China, knowingly--
       (1) ordered or engaged directly in activities interfering 
     significantly in a democratic process in Taiwan; or
       (2) with the objective of destabilizing Taiwan, engaged 
     directly in, or ordered--
       (A) malicious, offensive cyber-enabled activities 
     targeting--
       (i) the Government or armed forces of Taiwan; or
       (ii) the critical infrastructure, including military, 
     industrial, or financial infrastructure of Taiwan;
       (B) significant economic practices intended to coerce or 
     intimidate--
       (i) the government in Taiwan; or
       (ii) businesses, academic, or civil society institutions 
     located in Taiwan; or
       (C) military activities that are designed to intimidate the 
     armed forces of Taiwan or that seek to normalize a coercive 
     military posture and sustained presence by the People's 
     Liberation Army in the Taiwan Strait.
       (b) Waiver.--The President may waive the application of 
     sanctions under subsection (a) if the President submits to 
     the appropriate committees of Congress a written 
     determination that such waiver is in the national interests 
     of the United States.

[[Page S5856]]

  


     SEC. 5807. SANCTIONS DESCRIBED.

       (a) Property Blocking.--Except as provided in section 5809, 
     the President shall exercise all of the powers granted by the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in all property and interests in property of the 
     foreign person if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (b) Aliens Inadmissible for Visas, Admission, or Parole.--
       (1) Visas, admission, or parole.--In the case of an alien, 
     the alien is--
       (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.--The visa or other entry documentation of 
     an alien described in paragraph (1) shall be revoked, 
     regardless of when such visa or other entry documentation was 
     issued.
       (B) Immediate effect.--A revocation under subparagraph (A) 
     shall--
       (i) take effect immediately; and
       (ii) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

     SEC. 5808. IMPLEMENTATION; REGULATIONS; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this title.
       (b) Rulemaking.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this title.
       (c) Penalties.--Any person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     title, or any regulation, license, or order issued to carry 
     out this title, 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.

     SEC. 5809. EXCEPTIONS; WAIVER.

       (a) Exceptions.--
       (1) Exception for intelligence activities.--This title 
     shall not apply with respect to--
       (A) activities subject to the reporting requirements under 
     title V of the National Security Act of 1947 (50 U.S.C. 3091 
     et seq.); or
       (B) authorized intelligence activities of the United 
     States.
       (2) Exception for compliance with international obligations 
     and law enforcement activities.--Sanctions under this title 
     shall not apply with respect to an alien if admitting or 
     paroling such 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 on June 26, 1947, and entered into 
     force November 21, 1947, between the United Nations and the 
     United States, or other applicable international obligations 
     of the United States; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) Defined term.--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.
       (B) In general.--Notwithstanding any other provision of 
     this title, the authority or a requirement to impose 
     sanctions under this title shall not include the authority or 
     a requirement to impose sanctions on the importation of 
     goods.
       (b) National Security Waiver.--The President may waive the 
     imposition of sanctions based on a determination under 
     section 5802(a) with respect to a person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits a notification of the waiver and the reasons 
     for the waiver to the appropriate committees of Congress.

     SEC. 5810. TERMINATION.

       The President may terminate the sanctions imposed under 
     this title based on a determination under section 5802(a), 
     after determining and certifying to the appropriate 
     committees of Congress that the Government of the People's 
     Republic of China--
       (1) has verifiably ceased the activities described in 
     section 5802(a) with respect to operations against Taiwan; 
     and
       (2) to the extent applicable, has entered into an agreed 
     settlement with a legitimate democratic government in Taiwan.

        TITLE IX--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION

     SEC. 5901. SHORT TITLE.

       This title may be cited as the ``United States-Taiwan 
     Public Health Protection Act''.

     SEC. 5902. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--For the purposes 
     of this title, the term ``appropriate congressional 
     committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Center.--The term ``Center'' means the Infectious 
     Disease Monitoring Center described in section 5903.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 5903. STUDY.

       (a) Study.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Health and Human Services and the heads of 
     other relevant Federal departments and agencies, shall submit 
     to the relevant congressional committees a study that 
     includes the following:
       (1) A description of ongoing cooperation between the United 
     States Government and Taiwan related to public health, 
     including disease surveillance, information sharing, and 
     telehealth.
       (2) A description how the United States and Taiwan can 
     promote further cooperation, including the feasibility of 
     establishing an Infectious Disease Monitoring Center within 
     the American Institute of Taiwan in Taipei, Taiwan that, in 
     partnership with the Taiwan Centers for Disease Control, 
     conducts health monitoring of infectious diseases in the 
     region by--
       (A) regularly monitoring, analyzing, and disseminating 
     open-source material from countries in the region, including 
     viral strains, bacterial subtypes, and other pathogens;
       (B) engaging in people-to-people contacts with medical 
     specialists and public health officials in the region;
       (C) providing expertise and information on infectious 
     diseases to the United States Government and the Taiwanese 
     government; and
       (D) carrying out other appropriate activities, as 
     determined by the Director of the Center.
       (b) Elements.--The study required by subsection (a) shall 
     include--
       (1) a plan on how to establish and operate such a Center, 
     including--
       (A) the personnel, material, and funding requirements 
     necessary to establish and operate the Center; and
       (B) the proposed structure and composition of Center 
     personnel, which may include--
       (i) infectious disease experts from among the National 
     Institutes of Health, the Centers for Disease Control and 
     Prevention, and the Food and Drug Administration, who are 
     recommended to serve as detailees to the Center; and
       (ii) additional qualified persons to serve as detailees to 
     or employees of the Center, including--

       (I) from any other relevant Federal department or agencies, 
     to include the Department of State and the United States 
     Agency for International Development;
       (II) qualified foreign service nationals or locally engaged 
     staff who are considered citizens of Taiwan; and
       (III) employees of the Taiwan Centers for Disease Control;

       (2) an evaluation, based on the factors in paragraph (1), 
     of whether to establish the Center, and a timeline for doing 
     so; and
       (3) a description of any consultations or agreements 
     between the American Institute in Taiwan and the Taipei 
     Economic and Cultural Representative Office in the United 
     States regarding the establishment and operation of the 
     Center, including--
       (A) the role that employees of the Taiwan Centers for 
     Disease Control would play in supporting or coordinating with 
     the Center; and
       (B) whether any employees of the Taiwan Centers for Disease 
     Control would be detailed to, or co-located with, the Center.
       (c) Consultation.--The Secretary of State shall consulate 
     with the appropriate congressional committees before full 
     completion of the study.
       (d) Submission.--The Secretary of State, in coordination 
     with the Secretary of Health and Human Services, shall submit 
     the study to the appropriate congressional committees not 
     later than one year after the enactment of this Act.

     SEC. 5904. INFECTIOUS DISEASE MONITORING CENTER.

       (a) Establishment.--The Secretary, in consultation with the 
     Secretary of Health and Human Services and the heads of other 
     relevant Federal departments and agencies, is authorized to 
     establish an Infectious Disease Monitoring Center under the 
     auspices of the American Institute in Taiwan in Taipei, 
     Taiwan, when the conditions outlined in subsection (b) have 
     been met.
       (b) Conditions.--The conditions for establishment of an 
     Infectious Disease Monitoring Center within under the 
     auspices of the American Institute in Taiwan in Taipei, 
     Taiwan, are--
       (1) that the study required in section 5903 has been 
     submitted to the appropriate congressional committees; and
       (2) not later than 30 days after the submission of the 
     study, the Secretary of State and the Secretary of Health and 
     Human Services have briefed the appropriate congressional 
     committees;

[[Page S5857]]

       (c) Partnership.--Should the Secretary determine to 
     establish the Center, the American Institute in Taiwan should 
     seek to partner with the Taiwan Centers for Disease Control 
     to conduct health monitoring of infectious diseases in the 
     region by--
       (1) regularly monitoring, analyzing, and disseminating 
     open-source material from countries in the region, including 
     viral strains, bacterial subtypes, and other pathogens;
       (2) engaging in people-to-people contacts with medical 
     specialists and public health officials in the region;
       (3) providing expertise and information on infectious 
     diseases to the Government of the United States and the 
     Taiwanese government; and
       (4) carrying out other appropriate activities, as 
     determined by the Director of the Center.
       (d) Updates.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall provide an 
     annual update the appropriate congressional committees on the 
     functioning and costs of the Center, if established, as well 
     as an assessment of how the Center is serving United States 
     interests.

       TITLE X--SOUTH CHINA SEA AND EAST CHINA SEA SANCTIONS ACT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``South China Sea and East 
     China Sea Sanctions Act of 2022''.

     SEC. 6002. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

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

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

       (3) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, the person.
       (4) Export sanction.--The President may order the United 
     States Government not to issue any specific license and not 
     to grant any other specific permission or authority to export 
     any goods or technology to the person under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.); or
       (B) any other statute that requires the prior review and 
     approval of the United States Government as a condition for 
     the export or reexport of goods or services.
       (5) Inclusion on entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (6) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing equity 
     or debt instruments of the person.
       (7) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the person.
       (8) Correspondent and payable-through accounts.--In the 
     case of a foreign financial institution, the President may 
     prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by the 
     foreign financial institution.
       (c) Exceptions.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (3) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission of an alien to the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success, June 26, 1947, and entered into 
     force, November 21, 1947, between the United Nations and the 
     United States.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (e) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (6) Person.--The term ``person'' means any individual or 
     entity.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction

[[Page S5858]]

     within the United States, including a foreign branch of such 
     an entity; or
       (C) any person in the United States.

     SEC. 6003. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA AS PART 
                   OF CHINA.

       It is the sense of Congress that the Government Publishing 
     Office should not publish any map, document, record, 
     electronic resource, or other paper of the United States 
     (other than materials relating to hearings held by committees 
     of Congress or internal work product of a Federal agency) 
     portraying or otherwise indicating that it is the position of 
     the United States that the territory or airspace in the South 
     China Sea that is disputed among two or more parties or the 
     territory or airspace of areas administered by Japan or the 
     Republic of Korea, including in the East China Sea, is part 
     of the territory or airspace of the People's Republic of 
     China.

     SEC. 6004. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF 
                   ARBITRATION'S TRIBUNAL RULING ON ARBITRATION 
                   CASE BETWEEN PHILIPPINES AND PEOPLE'S REPUBLIC 
                   OF CHINA.

       (a) Finding.--Congress finds that on July 12, 2016, a 
     tribunal of the Permanent Court of Arbitration found in the 
     arbitration case between the Philippines and the People's 
     Republic of China under the United Nations Convention on the 
     Law of the Sea that the People's Republic of China's claims, 
     including those to offshore resources and ``historic 
     rights'', were unlawful, and that the tribunal's ruling is 
     final and legally binding on both parties.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States and the international community 
     should reject the unlawful claims of the People's Republic of 
     China within the exclusive economic zone or on the 
     continental shelf of the Philippines, as well as the maritime 
     claims of the People's Republic of China beyond a 12-
     nautical-mile territorial sea from the islands it claims in 
     the South China Sea;
       (2) the provocative behavior of the People's Republic of 
     China, including coercing other countries with claims in the 
     South China Sea and preventing those countries from accessing 
     offshore resources, undermines peace and stability in the 
     South China Sea;
       (3) the international community should--
       (A) support and adhere to the ruling described in 
     subsection (a) in compliance with international law; and
       (B) take all necessary steps to support the rules-based 
     international order in the South China Sea; and
       (4) all claimants in the South China Sea should--
       (A) refrain from engaging in destabilizing activities, 
     including illegal occupation or efforts to unlawfully assert 
     control over disputed claims;
       (B) ensure that disputes are managed without intimidation, 
     coercion, or force;
       (C) clarify or adjust claims in accordance with 
     international law; and
       (D) uphold the principle that territorial and maritime 
     claims, including over territorial waters or territorial 
     seas, must be derived from land features and otherwise 
     comport with international law.

     SEC. 6005. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE 
                   SOVEREIGNTY OVER THE SOUTH CHINA SEA OR THE 
                   EAST CHINA SEA.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 3 years after such date of enactment, the 
     Secretary of State shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a report identifying each 
     country that the Secretary determines has taken an official 
     and stated position to recognize, after such date of 
     enactment, the sovereignty of the People's Republic of China 
     over territory or airspace disputed by one or more countries 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (c) Public Availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.

                    TITLE XI--RULES OF CONSTRUCTION

     SEC. 6101. RULE OF CONSTRUCTION.

       Nothing in this division may be construed--
       (1) to restore diplomatic relations with the Republic of 
     China; or
       (2) to alter the United States Government's position with 
     respect to the international status of the Republic of China.

     SEC. 6102. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY 
                   FORCE.

       Nothing in this division may be construed as authorizing 
     the use of military force or the introduction of United 
     States forces into hostilities.
                                 ______
                                 
  SA 6341. Mr. SCHATZ (for himself and 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, add the following:

          DIVISION E--PROVISIONS RELATING TO NATIVE AMERICANS

     TITLE LI--NATIVE AMERICAN LANGUAGE RESOURCE CENTER ACT OF 2022

     SEC. 5101. SHORT TITLE.

       This title may be cited as the ``Native American Language 
     Resource Center Act of 2022''.

     SEC. 5102. NATIVE AMERICAN LANGUAGE RESOURCE CENTERS.

       (a) Purpose.--The purpose of this title is to further align 
     the resources provided by the Department of Education with 
     the policies set forth in the Native American Languages Act 
     (25 U.S.C. 2901 et seq.) through establishment of a program 
     within the Department of Education to support 1 or more 
     Native American language resource centers.
       (b) In General.--The Secretary of Education is authorized 
     to make a grant to, or enter into a contract with, an 
     eligible entity for the purpose of--
       (1) establishing, strengthening, and operating a Native 
     American language resource center; and
       (2) staffing the center with individuals with relevant 
     expertise and experience, including staff who speak American 
     Indian and Alaska Native languages and the Native Hawaiian 
     language and have worked in language education in the 
     American Indian and Alaska Native languages and the Native 
     Hawaiian language in a preschool, elementary school, 
     secondary school, adult education, or higher education 
     program.
       (c) Authorized Activities.--The Native American language 
     resource center established under subsection (b) shall carry 
     out activities to--
       (1) improve the capacity to teach and learn Native American 
     languages;
       (2) further Native American language use and acquisition;
       (3) preserve, protect, and promote the rights and freedom 
     of Native Americans to use, practice, and develop Native 
     American languages in furtherance of--
       (A) the policies set forth in the Native American Languages 
     Act (25 U.S.C. 2901 et seq.); and
       (B) the United States trust responsibility to Native 
     American communities;
       (4) address the effects of past discrimination and ongoing 
     inequities experienced by Native American language speakers;
       (5) support the revitalization and reclamation of Native 
     American languages; and
       (6) support the use of Native American languages as a 
     medium of instruction for a wide variety of age levels, 
     academic content areas, and types of schools, including 
     Native American language medium education.
       (d) Additional Authorized Activities.--The Native American 
     language resource center established under subsection (b) may 
     also carry out activities--
       (1) to encourage and support the use of Native American 
     languages within educational systems in the same manner as 
     other world languages, including by encouraging State 
     educational agencies, local educational agencies, and 
     institutions of higher education to offer Native American 
     language courses the same full academic credit as courses in 
     other world languages;
       (2) to support the development, adoption, and use of 
     educational outcome metrics aligned with the Native American 
     language of instruction, including assessments, 
     qualifications, and processes based on promising practices in 
     Native American language medium education;
       (3) to provide assistance to Native American language 
     programs seeking Federal resources;
       (4) to encourage and support teacher preparation programs 
     that prepare teachers to teach Native American languages and 
     to use Native American languages as a medium of instruction, 
     including by disseminating promising practices and developing 
     pedagogical programming and through appropriate alternative 
     pathways to teacher certification;
       (5) to provide information and resources--
       (A) on promising practices in the use and revitalization of 
     Native American languages in Native American communities, 
     including use in educational institutions; and
       (B) for the use of technology in school and community-based 
     Native American language programs to support the retention, 
     use, and teaching of Native American languages;
       (6) to support the use of distance learning technologies 
     and training for parents, students, teachers, and learning 
     support staff associated with Native American language 
     programs, including--
       (A) the compilation and curation of digital libraries and 
     other online resources for Native American languages, except 
     that any materials collected by the center shall only be 
     materials provided by a Native American language program or 
     Native American community;

[[Page S5859]]

       (B) the development of distance learning curricula 
     appropriate for preschool, elementary school, secondary 
     school, adult education, and postsecondary education;
       (C) pedagogical training for Native American language 
     teachers; and
       (D) other efforts necessary to continue Native American 
     language acquisition through distance learning;
       (7) to provide technical assistance for Native American 
     communities and school systems to develop Native American 
     language medium education programs in preschool, elementary 
     school, secondary school, or adult education programs 
     conducted through the medium of Native American languages;
       (8) to support Native American language programs and Native 
     American communities in--
       (A) accessing international best practices, resources, and 
     research in indigenous language revitalization; and
       (B) gathering and sharing technical assistance, promising 
     practices, and experiences;
       (9) for the operation of intensive programs, including 
     summer institutes, to train Native American language 
     speakers, to provide professional development, and to improve 
     Native American language instruction through preservice and 
     in-service language training for teachers; and
       (10) that otherwise support the Native American language 
     resource center established under subsection (b) to carry out 
     the activities required in subsection (c).
       (e) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``local educational agency'', ``secondary school'', and 
     ``State educational agency'' have the meanings given the 
     terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an institution of higher education;
       (B) an entity within an institution of higher education 
     with dedicated expertise in Native American language and 
     culture education; or
       (C) a consortium that includes 1 or more institutions of 
     higher education or 1 or more entities described in 
     subparagraph (B).
       (3) 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).
       (4) Native american; native american language.--The terms 
     ``Native American'' and ``Native American language'' have the 
     meanings given those terms in section 103 of the Native 
     American Languages Act (25 U.S.C. 2902).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, $3,000,000 for 
     each fiscal year.

    TITLE LII--DURBIN FEELING NATIVE AMERICAN LANGUAGES ACT OF 2022

     SEC. 5201. SHORT TITLE.

       This title may be cited as the ``Durbin Feeling Native 
     American Languages Act of 2022''.

     SEC. 5202. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF 
                   NATIVE AMERICAN LANGUAGES.

       (a) In General.--Section 106 of the Native American 
     Languages Act (25 U.S.C. 2905) is amended by adding at the 
     end the following:
       ``(c) Evaluation; Report.--Not later than 1 year after the 
     date of enactment of this subsection, the President shall--
       ``(1) require the heads of the various Federal departments, 
     agencies, and instrumentalities to carry out an evaluation 
     described in subsection (a)(1); and
       ``(2) submit to Congress a report that describes--
       ``(A) the results of the evaluations; and
       ``(B) the recommendations of the Secretary of the Interior, 
     the Secretary of Health and Human Services, and the Secretary 
     of Education, after consultation with Indian tribes, 
     traditional leaders, and representatives of Native American 
     language communities, for amendments to Federal laws that are 
     needed--
       ``(i) to bring the Federal laws into compliance with this 
     Act;
       ``(ii) to improve interagency coordination for purposes of 
     supporting revitalization, maintenance, and use of Native 
     American languages; and
       ``(iii) to reduce duplication, inefficiencies, and barriers 
     Native American language communities face in accessing 
     Federal programs to support efforts to revitalize, maintain, 
     or increase the use of Native American languages.''.
       (b) Survey on Native American Languages.--The Native 
     American Languages Act (25 U.S.C. 2901 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 108. SURVEY ON NATIVE AMERICAN LANGUAGES.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of this section, and every 5 years thereafter, 
     the Secretary of Health and Human Services, acting through 
     the Commissioner of the Administration for Native Americans 
     (referred to in this section as the `Secretary'), shall 
     undertake a survey of the use of all Native American 
     languages in the United States.
       ``(b) Updates.--Prior to conducting each subsequent survey 
     after the initial survey under subsection (a), the Secretary 
     shall update the survey in accordance with this section.
       ``(c) Consultation Required.--The Secretary shall design 
     the initial survey under subsection (a) and each updated 
     survey under subsection (b)--
       ``(1) in consultation with Indian tribes; and
       ``(2) after considering feedback received from Native 
     American language speakers and experts.
       ``(d) Contents.--Each survey under subsection (a) shall 
     solicit--
       ``(1) information on which Native American languages are 
     currently spoken;
       ``(2) estimates of the number of speakers of each Native 
     American language;
       ``(3) any language usage statistics or information that the 
     Secretary, in consultation with Indian tribes and Native 
     American language speakers and experts, determines to be 
     relevant and appropriate;
       ``(4) information on the types of Native American language 
     maintenance and revitalization projects and practices that 
     are currently being carried out;
       ``(5) information on any unmet Native American language 
     resource needs of Indian tribes and Native American language 
     communities; and
       ``(6) any other information that the Secretary, in 
     consultation with Indian tribes and Native American language 
     speakers and experts, determines to be necessary.
       ``(e) Coordination.--The Secretary may coordinate, and 
     enter into cooperative agreements with, the Director of the 
     Bureau of the Census for the purposes of carrying out this 
     section.
       ``(f) Outreach and Engagement.--
       ``(1) In general.--The Secretary shall carry out outreach 
     and engagement activities to provide Indian tribes, Native 
     language communities, and the public information about--
       ``(A) opportunities to provide input on the development and 
     design of each survey under subsection (a), including 
     information on the consultations required under subsection 
     (c);
       ``(B) the goals and purpose of the surveys conducted under 
     subsection (a); and
       ``(C) the benefits and importance of participation in 
     surveys under subsection (a).
       ``(2) Grants, contracts, and cooperative agreements 
     authorized.--The Secretary may carry out the outreach and 
     engagement activities required under paragraph (1)--
       ``(A) directly;
       ``(B) in partnership with the Bureau of the Census; or
       ``(C) through grants to, or contracts or cooperative 
     agreements with--
       ``(i) Indian tribes;
       ``(ii) tribal organizations; and
       ``(iii) nonprofit organizations that work with Indian 
     tribes, Native American language programs, and Native 
     American language communities.
       ``(g) Limitation.--Nothing in this section requires an 
     Indian tribe, Native American language community, or Native 
     American language speaker--
       ``(1) to participate in a survey under subsection (a); or
       ``(2) to provide specific or culturally sensitive 
     information in completing such a survey.
       ``(h) Availability of Survey Materials and Findings.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, and prior to conducting each 
     survey under subsection (a), the Secretary shall submit to 
     the Committee on Indian Affairs of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives, and make publicly available, a description 
     of--
       ``(A) the feedback received under subsection (c) on the 
     design of the survey;
       ``(B) the form and content of the survey;
       ``(C) the plan for deploying the survey to ensure a robust 
     response; and
       ``(D) how the Secretary will ensure any survey enumeration 
     efforts are culturally informed and appropriate.
       ``(2) Results.--Not later than 90 days after the date on 
     which analysis of each survey under subsection (a) is 
     completed, the Secretary shall submit to the Committee on 
     Indian Affairs of the Senate and the Committee on Natural 
     Resources of the House of Representatives, and make publicly 
     available, the results of the survey.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000 for 
     each fiscal year--
       ``(1) preceding a fiscal year during which a survey under 
     subsection (a) is conducted; and
       ``(2) during which a survey under that subsection is 
     conducted.''.

 TITLE LIII--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2022

     SEC. 5301. SHORT TITLE.

       This title may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2022''.

     SEC. 5302. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project

[[Page S5860]]

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

     SEC. 5303. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2023 through 2033''.

     SEC. 5304. STUDENT HOUSING ASSISTANCE.

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

     SEC. 5305. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

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

     SEC. 5306. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

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

     SEC. 5307. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

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

     SEC. 5308. LEASE REQUIREMENTS AND TENANT SELECTION.

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

     SEC. 5309. INDIAN HEALTH SERVICE.

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

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

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

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

     SEC. 5310. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

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

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

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

     SEC. 5311. REPORTS TO CONGRESS.

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

     SEC. 5312. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

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

     SEC. 5313. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING 
                   ACTIVITIES.

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

     SEC. 5314. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

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

[[Page S5861]]

     and inserting ``such sums as may be necessary for each of 
     fiscal years 2023 through 2033.''.

     SEC. 5315. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

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

     SEC. 5316. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND 
                   SPECIAL ACTIVITIES BY INDIAN TRIBES.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).
       ``(j) Special Activities by Indian Tribes.--An Indian tribe 
     receiving a grant under paragraph (1) of section 106(a)(1) 
     shall be authorized to directly carry out activities 
     described in paragraph (15) of such section 106(a)(1).''.

     SEC. 5317. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

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

     SEC. 5318. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Authority.--To provide access to sources of private 
     financing to Indian families, Indian housing authorities, and 
     Indian Tribes, who otherwise could not acquire housing 
     financing because of the unique legal status of Indian lands 
     and the unique nature of tribal economies, and to expand 
     homeownership opportunities to Indian families, Indian 
     housing authorities and Indian tribes on fee simple lands, 
     the Secretary may guarantee not to exceed 100 percent of the 
     unpaid principal and interest due on any loan eligible under 
     subsection (b) made to an Indian family, Indian housing 
     authority, or Indian Tribe on trust land and fee simple 
     land.''; and
       (2) in subsection (b)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margins accordingly;
       (ii) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (iii) in subparagraph (A), as so designated, by adding at 
     the end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (iv) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

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

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

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

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

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

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (h)(1)(B), the term of the loan shall not exceed 40 years''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2023 through 2033.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2023 through 2033''.

     SEC. 5319. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (b), by inserting ``, and to expand 
     homeownership opportunities to Native Hawaiian families who 
     are eligible to receive a homestead under the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108) on fee simple lands in 
     the State of Hawaii'' after ``markets'';
       (2) in subsection (c)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)(B)--
       (i) by redesignating clause (iv) as clause (v); and
       (ii) by adding after clause (iii) the following:
       ``(iv) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (i)(1)(B), the term of the loan shall not exceed 40 years''; 
     and
       (3) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2023 through 2033.''.

     SEC. 5320. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients

[[Page S5862]]

     of assistance under the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) 
     for use in eliminating drug-related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;
       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this section, an 
     eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under this section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under this section are not used to fund 
     baseline local government services, as described in 
     subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to this section, which shall identify the 
     grantees and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of this section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2023 through 2033 to carry out this section.

     SEC. 5321. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

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

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

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

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

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

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

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

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

[[Page S5863]]

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

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

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

       ``(viii) Waiver.--

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

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

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

       ``(x) Reporting.--

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

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

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

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

     SEC. 5322. CONTINUUM OF CARE.

       (a) Definitions.--In this section--
       (1) the terms ``collaborative applicant'' and ``eligible 
     entity'' have the meanings given those terms in section 401 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360); and
       (2) the terms ``Indian tribe'' and ``tribally designated 
     housing entity'' have the meanings given those terms in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       (b) Nonapplication of Civil Rights Laws.--With respect to 
     the funds made available for the Continuum of Care program 
     authorized under subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the 
     heading ``Homeless Assistance Grants'' in the Department of 
     Housing and Urban Development Appropriations Act, 2021 
     (Public Law 116-260) and under section 231 of the Department 
     of Housing and Urban Development Appropriations Act, 2020 (42 
     U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act 
     of 1968 (42 U.S.C. 3601 et seq.) shall not apply to 
     applications by or awards for projects to be carried out--
       (1) on or off reservation or trust lands for awards made to 
     Indian tribes or tribally designated housing entities; or
       (2) on reservation or trust lands for awards made to 
     eligible entities.
       (c) Certification.--With respect to funds made available 
     for the Continuum of Care program authorized under subtitle C 
     of title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11381 et seq.) under the heading ``Homeless Assistance 
     Grants'' under section 231 of the Department of Housing and 
     Urban Development Appropriations Act, 2020 (42 U.S.C. 
     11364a)--
       (1) applications for projects to be carried out on 
     reservations or trust land shall contain a certification of 
     consistency with an approved Indian housing plan developed 
     under section 102 of the Native American Housing Assistance 
     and Self-Determination Act (25 U.S.C. 4112), notwithstanding 
     section 106 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12706) and section 403 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
       (2) Indian tribes and tribally designated housing entities 
     that are recipients of awards for projects on reservations or 
     trust land shall certify that they are following an approved 
     housing plan developed under section102 of the Native 
     American Housing Assistance and Self-Determination Act (25 
     U.S.C. 4112); and
       (3) a collaborative applicant for a Continuum of Care whose 
     geographic area includes only reservation and trust land is 
     not required to meet the requirement in section 402(f)(2) of 
     the McKinney- Vento Homeless Assistance Act (42 U.S.C. 
     11360a(f)(2)).

     SEC. 5323. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     title or the amendments made by this title may be used for 
     purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.

 TITLE LIV--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE 
      DUCK VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022

     SEC. 5401. SHORT TITLE.

       This title may be cited as the ``Technical Correction to 
     the Shoshone-Paiute Tribes of the Duck Valley Reservation 
     Water Rights Settlement Act of 2022''.

     SEC. 5402. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON 
                   DEVELOPMENT FUND.

       Section 10807(b)(3) of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
       (1) by striking ``There is'' and inserting the following:
       ``(A) In general.--There is''; and
       (2) by adding at the end the following:
       ``(B) Adjusted interest payments.--There is authorized to 
     be appropriated to the Secretary for deposit into the 
     Development Fund $5,124,902.12.''.

         TITLE LV--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022

     SEC. 5501. SHORT TITLE.

       This title may be cited as the ``Tribal Trust Land 
     Homeownership Act of 2022''.

     SEC. 5502. DEFINITIONS.

       In this title:
       (1) Applicable bureau office.--The term ``applicable Bureau 
     office'' means--
       (A) a Regional office of the Bureau;
       (B) an Agency office of the Bureau; or
       (C) a Land Titles and Records Office of the Bureau.
       (2) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (3) Director.--The term ``Director'' means the Director of 
     the Bureau.
       (4) First certified title status report.--The term ``first 
     certified title status report'' means the title status report 
     needed to verify title status on Indian land.
       (5) Indian land.--The term ``Indian land'' has the meaning 
     given the term in section 162.003 of title 25, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act).
       (6) Land mortgage.--The term ``land mortgage'' means a 
     mortgage obtained by an individual Indian who owns a tract of 
     trust land for the purpose of--
       (A) home acquisition;
       (B) home construction;
       (C) home improvements; or
       (D) economic development.
       (7) Leasehold mortgage.--The term ``leasehold mortgage'' 
     means a mortgage, deed of trust, or other instrument that 
     pledges the leasehold interest of a lessee as security for a 
     debt or other obligation owed by the lessee to a lender or 
     other mortgagee.
       (8) Mortgage package.--The term ``mortgage package'' means 
     a proposed residential leasehold mortgage, business leasehold 
     mortgage, land mortgage, or right-of-way document submitted 
     to an applicable Bureau office under section 5503(a)(1).
       (9) Relevant federal agency.--The term ``relevant Federal 
     agency'' means any of the following Federal agencies that 
     guarantee or make direct mortgage loans on Indian land:
       (A) The Department of Agriculture.
       (B) The Department of Housing and Urban Development.
       (C) The Department of Veterans Affairs.
       (10) Right-of-way document.--The term ``right-of-way 
     document'' has the meaning

[[Page S5864]]

     given the term in section 169.2 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (11) Subsequent certified title status report.--The term 
     ``subsequent certified title status report'' means the title 
     status report needed to identify any liens against a 
     residential, business, or land lease on Indian land.

     SEC. 5503. MORTGAGE REVIEW AND PROCESSING.

       (a) Review and Processing Deadlines.--
       (1) In general.--As soon as practicable after receiving a 
     proposed residential leasehold mortgage, business leasehold 
     mortgage, land mortgage, or right-of-way document, the 
     applicable Bureau office shall notify the lender that the 
     proposed residential leasehold mortgage, business leasehold 
     mortgage, or right-of-way document has been received.
       (2) Preliminary review.--
       (A) In general.--Not later than 10 calendar days after 
     receipt of a proposed residential leasehold mortgage, 
     business leasehold mortgage, land mortgage, or right-of-way 
     document, the applicable Bureau office shall conduct and 
     complete a preliminary review of the residential leasehold 
     mortgage, business leasehold mortgage, land mortgage, or 
     right-of-way document to verify that all required documents 
     are included.
       (B) Incomplete documents.--As soon as practicable, but not 
     more than 2 calendar days, after finding that any required 
     documents are missing under subparagraph (A), the applicable 
     Bureau office shall notify the lender of the missing 
     documents.
       (3) Approval or disapproval.--
       (A) Leasehold mortgages.--Not later than 20 calendar days 
     after receipt of a complete executed residential leasehold 
     mortgage or business leasehold mortgage, proof of required 
     consents, and other required documentation, the applicable 
     Bureau office shall approve or disapprove the residential 
     leasehold mortgage or business leasehold mortgage.
       (B) Right-of-way documents.--Not later than 30 calendar 
     days after receipt of a complete executed right-of-way 
     document, proof of required consents, and other required 
     documentation, the applicable Bureau office shall approve or 
     disapprove the right-of-way document.
       (C) Land mortgages.--Not later than 30 calendar days after 
     receipt of a complete executed land mortgage, proof of 
     required consents, and other required documentation, the 
     applicable Bureau office shall approve or disapprove the land 
     mortgage.
       (D) Requirements.--The determination of whether to approve 
     or disapprove a residential leasehold mortgage or business 
     leasehold mortgage under subparagraph (A), a right-of-way 
     document under subparagraph (B), or a land mortgage under 
     subparagraph (C)--
       (i) shall be in writing; and
       (ii) in the case of a determination to disapprove a 
     residential leasehold mortgage, business leasehold mortgage, 
     right-of-way document, or land mortgage shall, state the 
     basis for the determination.
       (E) Application.--This paragraph shall not apply to a 
     residential leasehold mortgage or business leasehold mortgage 
     with respect to Indian land in cases in which the applicant 
     for the residential leasehold mortgage or business leasehold 
     mortgage is an Indian tribe (as defined in subsection (d) of 
     the first section of the Act of August 9, 1955 (69 Stat. 539, 
     chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been 
     approved for leasing under subsection (h) of that section (69 
     Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
       (4) Certified title status reports.--
       (A) Completion of reports.--
       (i) In general.--Not later than 10 calendar days after the 
     applicable Bureau office approves a residential leasehold 
     mortgage, business leasehold mortgage, land mortgage, or 
     right-of-way document under paragraph (3), the applicable 
     Bureau office shall complete the processing of, as 
     applicable--

       (I) a first certified title status report, if a first 
     certified title status report was not completed prior to the 
     approval of the residential leasehold mortgage, business 
     leasehold mortgage, land mortgage, or right-of-way document; 
     and
       (II) a subsequent certified title status report.

       (ii) Requests for first certified title status reports.--
     Notwithstanding clause (i), not later than 14 calendar days 
     after the applicable Bureau office receives a request for a 
     first certified title status report from an applicant for a 
     residential leasehold mortgage, business leasehold mortgage, 
     land mortgage, or right-of-way document under paragraph (1), 
     the applicable Bureau office shall complete the processing of 
     the first certified title status report.
       (B) Notice.--
       (i) In general.--As soon as practicable after completion of 
     the processing of, as applicable, a first certified title 
     status report or a subsequent certified title status report 
     under subparagraph (A), but by not later than the applicable 
     deadline described in that subparagraph, the applicable 
     Bureau office shall give notice of the completion to the 
     lender.
       (ii) Form of notice.--The applicable Bureau office shall 
     give notice under clause (i)--

       (I) electronically through secure, encryption software; and
       (II) through the United States mail.

       (iii) Option to opt out.--The lender may opt out of 
     receiving notice electronically under clause (ii)(I).
       (b) Notices.--
       (1) In general.--If the applicable Bureau office does not 
     complete the review and processing of mortgage packages under 
     subsection (a) (including any corresponding first certified 
     title status report or subsequent certified title status 
     report under paragraph (4) of that subsection) by the 
     applicable deadline described in that subsection, immediately 
     after missing the deadline, the applicable Bureau office 
     shall provide notice of the delay in review and processing 
     to--
       (A) the party that submitted the mortgage package or 
     requested the first certified title status report; and
       (B) the lender for which the mortgage package (including 
     any corresponding first certified title status report or 
     subsequent certified title status report) is being requested.
       (2) Requests for updates.--In addition to providing the 
     notices required under paragraph (1), not later than 2 
     calendar days after receiving a relevant inquiry with respect 
     to a submitted mortgage package from the party that submitted 
     the mortgage package or the lender for which the mortgage 
     package (including any corresponding first certified title 
     status report or subsequent certified title status report) is 
     being requested or an inquiry with respect to a requested 
     first certified title status report from the party that 
     requested the first certified title status report, the 
     applicable Bureau office shall respond to the inquiry.
       (c) Delivery of First and Subsequent Certified Title Status 
     Reports.--Notwithstanding any other provision of law, any 
     first certified title status report and any subsequent 
     certified title status report, as applicable, shall be 
     delivered directly to--
       (1) the lender;
       (2) any local or regional agency office of the Bureau that 
     requests the first certified title status report or 
     subsequent certified title status report;
       (3) in the case of a proposed residential leasehold 
     mortgage or land mortgage, the relevant Federal agency that 
     insures or guarantees the loan; and
       (4) if requested, any individual or entity described in 
     section 150.303 of title 25, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).
       (d) Access to Trust Asset and Accounting Management 
     System.--Beginning on the date of enactment of this Act, the 
     relevant Federal agencies and Indian Tribes shall have read-
     only access to the Trust Asset and Accounting Management 
     System maintained by the Bureau.
       (e) Annual Report.--
       (1) In general.--Not later than March 1 of each calendar 
     year, the Director shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a report describing--
       (A) for the most recent calendar year, the number of 
     requests received to complete residential leasehold mortgage 
     packages, business leasehold mortgage packages, land mortgage 
     packages, and right-of-way document packages (including any 
     requests for corresponding first certified title status 
     reports and subsequent certified title status reports), 
     including a detailed description of--
       (i) requests that were and were not successfully completed 
     by the applicable deadline described in subsection (a) by 
     each applicable Bureau office; and
       (ii) the reasons for each applicable Bureau office not 
     meeting any applicable deadlines; and
       (B) the length of time needed by each applicable Bureau 
     office during the most recent calendar year to provide the 
     notices required under subsection (b)(1).
       (2) Requirement.--In submitting the report required under 
     paragraph (1), the Director shall maintain the 
     confidentiality of personally identifiable information of the 
     parties involved in requesting the completion of residential 
     leasehold mortgage packages, business leasehold mortgage 
     packages, land mortgage packages, and right-of-way document 
     packages (including any corresponding first certified title 
     status reports and subsequent certified title status 
     reports).
       (f) GAO Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report that includes--
       (1) an evaluation of the need for residential leasehold 
     mortgage packages, business leasehold mortgage packages, land 
     mortgage packages, and right-of-way document packages of each 
     Indian Tribe to be digitized for the purpose of streamlining 
     and expediting the completion of mortgage packages for 
     residential mortgages on Indian land (including the 
     corresponding first certified title status reports and 
     subsequent certified title status reports); and
       (2) an estimate of the time and total cost necessary for 
     Indian Tribes to digitize the records described in paragraph 
     (1), in conjunction with assistance in that digitization from 
     the Bureau.

     SEC. 5504. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.

       (a) In General.--The Director shall establish within the 
     Division of Real Estate Services of the Bureau the position 
     of Realty Ombudsman, who shall report directly to the 
     Secretary of the Interior.
       (b) Functions.--The Realty Ombudsman shall--

[[Page S5865]]

       (1) ensure that the applicable Bureau offices are meeting 
     the mortgage review and processing deadlines established by 
     section 5503(a);
       (2) ensure that the applicable Bureau offices comply with 
     the notices required under subsections (a) and (b) of section 
     5503;
       (3) serve as a liaison to other Federal agencies, including 
     by--
       (A) ensuring the Bureau is responsive to all of the 
     inquiries from the relevant Federal agencies; and
       (B) helping to facilitate communications between the 
     relevant Federal agencies and the Bureau on matters relating 
     to mortgages on Indian land;
       (4) receive inquiries, questions, and complaints directly 
     from Indian Tribes, members of Indian Tribes, and lenders in 
     regard to executed residential leasehold mortgages, business 
     leasehold mortgages, land mortgages, or right-of-way 
     documents; and
       (5) serve as the intermediary between the Indian Tribes, 
     members of Indian Tribes, and lenders and the Bureau in 
     responding to inquiries and questions and resolving 
     complaints.

  TITLE LVI--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING 
                               AUTHORITY

     SEC. 5601. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION 
                   LEASING AUTHORITY.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)), is 
     amended, in the second sentence, by inserting ``, land held 
     in trust for the Confederated Tribes of the Chehalis 
     Reservation'' after ``Crow Tribe of Montana''.

     TITLE LVII--SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2022

     SEC. 5701. SHORT TITLE.

       This title may be cited as the ``Safeguard Tribal Objects 
     of Patrimony Act of 2022''.

     SEC. 5702. PURPOSES.

       The purposes of this title are--
       (1) to carry out the trust responsibility of the United 
     States to Indian Tribes;
       (2) to increase the maximum penalty for actions taken in 
     violation of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) (including section 
     1170 of title 18, United States Code, as added by that Act), 
     in order to strengthen deterrence;
       (3) to stop the export, and facilitate the international 
     repatriation, of cultural items prohibited from being 
     trafficked by the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) (including section 
     1170 of title 18, United States Code, as added by that Act) 
     and archaeological resources prohibited from being trafficked 
     by the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.) by--
       (A) explicitly prohibiting the export;
       (B) creating an export certification system; and
       (C) confirming the authority of the President to request 
     from foreign nations agreements or provisional measures to 
     prevent irremediable damage to Native American cultural 
     heritage;
       (4) to establish a Federal framework in order to support 
     the voluntary return by individuals and organizations of 
     items of tangible cultural heritage, including items covered 
     by the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, 
     United States Code, as added by that Act) and the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470aa et seq.);
       (5) to establish an interagency working group to ensure 
     communication between Federal agencies to successfully 
     implement this Act, the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) (including section 
     1170 of title 18, United States Code, as added by that Act), 
     the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.), and other relevant Federal laws;
       (6) to establish a Native working group of Indian Tribes 
     and Native Hawaiian organizations to assist in the 
     implementation of this title, the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3001 et seq.) 
     (including section 1170 of title 18, United States Code, as 
     added by that Act), the Archaeological Resources Protection 
     Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant 
     Federal laws;
       (7) to exempt from disclosure under section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act'')--
       (A) information submitted by Indian Tribes or Native 
     Hawaiian organizations pursuant to this title; and
       (B) information relating to an Item Requiring Export 
     Certification for which an export certification was denied 
     pursuant to this title; and
       (8) to encourage buyers to purchase legal contemporary art 
     made by Native artists for commercial purposes.

     SEC. 5703. DEFINITIONS.

       In this title:
       (1) Archaeological resource.--The term ``archaeological 
     resource'' means an archaeological resource (as defined in 
     section 3 of the Archaeological Resources Protection Act of 
     1979 (16 U.S.C. 470bb)) that is Native American.
       (2) Cultural affiliation.--The term ``cultural 
     affiliation'' means that there is a relationship of shared 
     group identity that can be reasonably traced historically or 
     prehistorically between a present day Indian Tribe or Native 
     Hawaiian organization and an identifiable earlier group.
       (3) Cultural item.--The term ``cultural item'' means any 1 
     or more cultural items (as defined in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001)).
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 2 of the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001).
       (5) Item prohibited from exportation.--The term ``Item 
     Prohibited from Exportation'' means--
       (A) a cultural item prohibited from being trafficked, 
     including through sale, purchase, use for profit, or 
     transport for sale or profit, by--
       (i) section 1170(b) of title 18, United States Code, as 
     added by the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.); or
       (ii) any other Federal law or treaty; and
       (B) an archaeological resource prohibited from being 
     trafficked, including through sale, purchase, exchange, 
     transport, receipt, or offer to sell, purchase, or exchange, 
     including in interstate or foreign commerce, by--
       (i) subsections (b) and (c) of section 6 of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470ee); or
       (ii) any other Federal law or treaty.
       (6) Item requiring export certification.--
       (A) In general.--The term ``Item Requiring Export 
     Certification'' means--
       (i) a cultural item; and
       (ii) an archaeological resource.
       (B) Exclusion.--The term ``Item Requiring Export 
     Certification'' does not include an item described in clause 
     (i) or (ii) of subparagraph (A) for which an Indian Tribe or 
     Native Hawaiian organization with a cultural affiliation with 
     the item has provided a certificate authorizing exportation 
     of the item.
       (7) Native american.--The term ``Native American'' means--
       (A) Native American (as defined in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001)); and
       (B) Native Hawaiian (as so defined).
       (8) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' has the meaning given the term in 
     section 2 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Tangible cultural heritage.--The term ``tangible 
     cultural heritage'' means--
       (A) Native American human remains; or
       (B) culturally, historically, or archaeologically 
     significant objects, resources, patrimony, or other items 
     that are affiliated with a Native American culture.

     SEC. 5704. ENHANCED NAGPRA PENALTIES.

       Section 1170 of title 18, United States Code, is amended--
       (1) by striking ``5 years'' each place it appears and 
     inserting ``10 years''; and
       (2) in subsection (a), by striking ``12 months'' and 
     inserting ``1 year and 1 day''.

     SEC. 5705. EXPORT PROHIBITIONS; EXPORT CERTIFICATION SYSTEM; 
                   INTERNATIONAL AGREEMENTS.

       (a) Export Prohibitions.--
       (1) In general.--It shall be unlawful for any person--
       (A) to export, attempt to export, or otherwise transport 
     from the United States any Item Prohibited from Exportation;
       (B) to conspire with any person to engage in an activity 
     described in subparagraph (A); or
       (C) to conceal an activity described in subparagraph (A).
       (2) Penalties.--Any person who violates paragraph (1) and 
     knows, or in the exercise of due care should have known, that 
     the Item Prohibited from Exportation was taken, possessed, 
     transported, or sold in violation of, or in a manner unlawful 
     under, any Federal law or treaty, shall be fined in 
     accordance with section 3571 of title 18, United States Code, 
     imprisoned for not more than 1 year and 1 day for a first 
     violation, and not more than 10 years for a second or 
     subsequent violation, or both.
       (3) Detention, forfeiture, and repatriation.--
       (A) Detention and delivery.--The Secretary of Homeland 
     Security, acting through the Commissioner of U.S. Customs and 
     Border Protection, shall--
       (i) detain any Item Prohibited from Exportation that is 
     exported, attempted to be exported, or otherwise transported 
     from the United States in violation of paragraph (1); and
       (ii) deliver the Item Prohibited from Exportation to the 
     Secretary.
       (B) Forfeiture.--Any Item Prohibited from Exportation that 
     is exported, attempted to be exported, or otherwise 
     transported from the United States in violation of paragraph 
     (1) shall be subject to forfeiture to the United States in 
     accordance with chapter 46 of title 18, United States Code 
     (including section 983(c) of that chapter).
       (C) Repatriation.--Any Item Prohibited from Exportation 
     that is forfeited under subparagraph (B) shall be 
     expeditiously repatriated to the appropriate Indian Tribe or 
     Native Hawaiian organization in accordance with, as 
     applicable--
       (i) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 
     18, United States Code, as added by that Act); or

[[Page S5866]]

       (ii) the Archaeological Resources Protection Act of 1979 
     (16 U.S.C. 470aa et seq.).
       (b) Export Certification System.--
       (1) Export certification requirement.--
       (A) In general.--No Item Requiring Export Certification may 
     be exported from the United States without first having 
     obtained an export certification in accordance with this 
     subsection.
       (B) Publication.--The Secretary, in consultation with 
     Indian Tribes and Native Hawaiian organizations, shall 
     publish in the Federal Register a notice that includes--
       (i) a description of characteristics typical of Items 
     Requiring Export Certification, which shall--

       (I) include the definitions of the terms--

       (aa) ``cultural items'' in section 2 of the Native American 
     Graves Protection and Repatriation Act (25 U.S.C. 3001); and
       (bb) ``archaeological resource'' in section 3 of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470bb);

       (II) describe the provenance requirements associated with 
     the trafficking prohibition applicable to--

       (aa) cultural items under section 1170(b) of title 18, 
     United States Code; and
       (bb) archaeological resources under subsections (b) and (c) 
     of section 6 of Archaeological Resources Protection Act of 
     1979 (16 U.S.C. 470ee);

       (III)(aa) include the definitions of the terms ``Native 
     American'' and ``Native Hawaiian'' in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001); and
       (bb) describe how those terms apply to archaeological 
     resources under this title; and
       (IV) be sufficiently specific and precise to ensure that--

       (aa) an export certification is required only for Items 
     Requiring Export Certification; and
       (bb) fair notice is given to exporters and other persons 
     regarding which items require an export certification under 
     this subsection; and
       (ii) a description of characteristics typical of items that 
     do not qualify as Items Requiring Export Certification and 
     therefore do not require an export certification under this 
     subsection, which shall clarify that--

       (I) an item made solely for commercial purposes is presumed 
     to not qualify as an Item Requiring Export Certification, 
     unless an Indian Tribe or Native Hawaiian organization 
     challenges that presumption; and
       (II) in some circumstances, receipts or certifications 
     issued by Indian Tribes or Native Hawaiian organizations with 
     a cultural affiliation with an item may be used as evidence 
     to demonstrate a particular item does not qualify as an Item 
     Requiring Export Certification.

       (2) Eligibility for export certification.--An Item 
     Requiring Export Certification is eligible for an export 
     certification under this subsection if--
       (A) the Item Requiring Export Certification is not under 
     ongoing Federal investigation;
       (B) the export of the Item Requiring Export Certification 
     would not otherwise violate any other provision of law; and
       (C) the Item Requiring Export Certification--
       (i) is not an Item Prohibited from Exportation;
       (ii) was excavated or removed pursuant to a permit issued 
     under section 4 of the Archaeological Resources Protection 
     Act of 1979 (16 U.S.C. 470cc) and in compliance with section 
     3(c) of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3002(c)), if the permit for 
     excavation or removal authorizes export; or
       (iii) is accompanied by written confirmation from the 
     Indian Tribe or Native Hawaiian organization with authority 
     to alienate the Item Requiring Export Certification that--

       (I) the exporter has a right of possession (as defined in 
     section 2 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001)) of the Item Requiring 
     Export Certification; or
       (II) the Indian Tribe or Native Hawaiian organization has 
     relinquished title or control of the Item Requiring Export 
     Certification in accordance with section 3 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3002).

       (3) Export certification application and issuance 
     procedures.--
       (A) Applications for export certification.--
       (i) In general.--An exporter seeking to export an Item 
     Requiring Export Certification from the United States shall 
     submit to the Secretary an export certification application 
     in accordance with clause (iii).
       (ii) Consequences of false statement.--Any willful or 
     knowing false statement made on an export certification 
     application form under clause (i) shall--

       (I) subject the exporter to criminal penalties pursuant to 
     section 1001 of title 18, United States Code; and
       (II) prohibit the exporter from receiving an export 
     certification for any Item Requiring Export Certification in 
     the future unless the exporter submits additional evidence in 
     accordance with subparagraph (B)(iii)(I).

       (iii) Form of export certification application.--The 
     Secretary, in consultation with Indian Tribes and Native 
     Hawaiian organizations, and at the discretion of the 
     Secretary, in consultation with third parties with relevant 
     expertise, including institutions of higher education, 
     museums, dealers, and collector organizations, shall develop 
     an export certification application form, which shall require 
     that an applicant--

       (I) describe, and provide pictures of, each Item Requiring 
     Export Certification that the applicant seeks to export;
       (II) include all available information regarding the 
     provenance of each such Item Requiring Export Certification; 
     and
       (III) include the attestation described in subparagraph 
     (B)(i).

       (B) Evidence.--
       (i) In general.--In completing an export certification 
     application with respect to an Item Requiring Export 
     Certification that the exporter seeks to export, the exporter 
     shall attest that, to the best of the knowledge and belief of 
     the exporter, the exporter is not attempting to export an 
     Item Prohibited from Exportation.
       (ii) Sufficiency of attestation.--An attestation under 
     clause (i) shall be considered to be sufficient evidence to 
     support the application of the exporter under subparagraph 
     (A)(iii)(III), on the condition that the exporter is not 
     required to provide additional evidence under clause 
     (iii)(I).
       (iii) Additional requirements.--

       (I) In general.--The Secretary shall give notice to an 
     exporter that submits an export certification application 
     under subparagraph (A)(i) that the exporter is required to 
     submit additional evidence in accordance with subclause (III) 
     if the Secretary has determined under subparagraph (A)(ii) 
     that the exporter made a willful or knowing false statement 
     on the application or any past export certification 
     application.
       (II) Delays or denials.--The Secretary shall give notice to 
     an exporter that submits an export certification application 
     under subparagraph (A)(i) that the exporter may submit 
     additional evidence in accordance with subclause (III) if the 
     issuance of an export certification is--

       (aa) delayed pursuant to the examination by the Secretary 
     of the eligibility of the Item Requiring Export Certification 
     for an export certification; or
       (bb) denied by the Secretary because the Secretary 
     determined that the Item Requiring Export Certification is 
     not eligible for an export certification under this 
     subsection.

       (III) Additional evidence.--On receipt of notice under 
     subclause (I), an exporter shall, or on receipt of a notice 
     under subclause (II), an exporter may, provide the Secretary 
     with such additional evidence as the Secretary may require to 
     establish that the Item Requiring Export Certification is 
     eligible for an export certification under this subsection.

       (C) Database applications.--
       (i) In general.--The Secretary shall establish and maintain 
     a secure central Federal database information system 
     (referred to in this subparagraph as the ``database'') for 
     the purpose of making export certification applications 
     available to Indian Tribes and Native Hawaiian organizations.
       (ii) Collaboration required.--The Secretary shall 
     collaborate with Indian Tribes, Native Hawaiian 
     organizations, and the interagency working group convened 
     under section 7(a) in the design and implementation of the 
     database.
       (iii) Availability.--Immediately on receipt of an export 
     certification application, the Secretary shall make the 
     export certification application available on the database.
       (iv) Deletion from database.--On request by an Indian Tribe 
     or Native Hawaiian organization, the Secretary shall delete 
     an export certification application from the database.
       (v) Technical assistance.--If an Indian Tribe or Native 
     Hawaiian organization lacks sufficient resources to access 
     the database or respond to agency communications in a timely 
     manner, the Secretary, in consultation with Indian Tribes and 
     Native Hawaiian organizations, shall provide technical 
     assistance to facilitate that access or response, as 
     applicable.
       (D) Issuance of export certification.--
       (i) On receipt of an export certification application for 
     an Item Requiring Export Certification that meets the 
     requirements of subparagraphs (A) and (B), if the Secretary, 
     in consultation with Indian Tribes and Native Hawaiian 
     organizations with a cultural affiliation with the Item 
     Requiring Export Certification, determines that the Item 
     Requiring Export Certification is eligible for an export 
     certification under paragraph (2), the Secretary may issue an 
     export certification for the Item Requiring Export 
     Certification.
       (ii) On receipt of an export certification application for 
     an Item Requiring Export Certification that meets the 
     requirements of subparagraphs (A) and (B)--

       (I) the Secretary shall have 1 business day to notify the 
     relevant Indian Tribes and Native Hawaiian Organizations of 
     an application for export of an Item Requiring Export 
     Certification;
       (II) Indian Tribes and Native Hawaiian organizations shall 
     have 9 business days to review the export certification 
     application;
       (III) if an Indian Tribe or Native Hawaiian organization 
     notifies the Secretary that the Item Requiring Export 
     Certification may not be eligible for an export certification 
     under paragraph (2), the Secretary shall have 7 business days 
     to review the application;
       (IV) if no Indian Tribe or Native Hawaiian organization so 
     notifies the Secretary, the Secretary shall have 1 business 
     day to review the application;

[[Page S5867]]

       (V) with notice to the exporter, the Secretary may extend 
     the review of an application for up to 30 business days if 
     credible evidence is provided that the Item Requiring Export 
     Certification may not be eligible for an export certification 
     under paragraph (2); and
       (VI) the Secretary shall make a determination to approve or 
     deny the export certification application within the time 
     allotted.

       (E) Revocation of export certification.--
       (i) In general.--If credible evidence is provided that 
     indicates that an item that received an export certification 
     under subparagraph (D) is not eligible for an export 
     certification under paragraph (2), the Secretary may 
     immediately revoke the export certification.
       (ii) Determination.--In determining whether a revocation is 
     warranted under clause (i), the Secretary shall consult with 
     Indian Tribes and Native Hawaiian organizations with a 
     cultural affiliation with the affected Item Requiring Export 
     Certification.
       (4) Detention, forfeiture, repatriation, and return.--
       (A) Detention and delivery.--The Secretary of Homeland 
     Security, acting through the Commissioner of U.S. Customs and 
     Border Protection, shall--
       (i) detain any Item Requiring Export Certification that an 
     exporter attempts to export or otherwise transport without an 
     export certification; and
       (ii) deliver the Item Requiring Export Certification to the 
     Secretary, for seizure by the Secretary.
       (B) Forfeiture.--Any Item Requiring Export Certification 
     that is detained under subparagraph (A)(i) shall be subject 
     to forfeiture to the United States in accordance with chapter 
     46 of title 18, United States Code (including section 983(c) 
     of that chapter).
       (C) Repatriation or return to exporter.--
       (i) In general.--Not later than 60 days after the date of 
     delivery to the Secretary of an Item Requiring Export 
     Certification under subparagraph (A)(ii), the Secretary shall 
     determine whether the Item Requiring Export Certification is 
     an Item Prohibited from Exportation.
       (ii) Repatriation.--If an Item Requiring Export 
     Certification is determined by the Secretary to be an Item 
     Prohibited from Exportation and is forfeited under 
     subparagraph (B), the item shall be expeditiously repatriated 
     to the appropriate Indian Tribe or Native Hawaiian 
     organization in accordance with, as applicable--

       (I) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 
     18, United States Code, as added by that Act); or
       (II) the Archaeological Resources Protection Act of 1979 
     (16 U.S.C. 470aa et seq.).

       (iii) Return to exporter.--

       (I) In general.--If the Secretary determines that credible 
     evidence does not establish that the Item Requiring Export 
     Certification is an Item Prohibited from Exportation, or if 
     the Secretary does not complete the determination by the 
     deadline described in clause (i), the Secretary shall return 
     the Item Requiring Export Certification to the exporter.
       (II) Effect.--The return of an Item Requiring Export 
     Certification to an exporter under subclause (I) shall not 
     mean that the Item Requiring Export Certification is eligible 
     for an export certification under this subsection.

       (5) Penalties.--
       (A) Items requiring export certification.--
       (i) In general.--It shall be unlawful for any person to 
     export, attempt to export, or otherwise transport from the 
     United States any Item Requiring Export Certification without 
     first obtaining an export certification.
       (ii) Penalties.--Except as provided in subparagraph (D), 
     any person who violates clause (i) shall be--

       (I) assessed a civil penalty in accordance with such 
     regulations as the Secretary promulgates pursuant to section 
     10; and
       (II) subject to any other applicable penalties under this 
     title.

       (B) Items prohibited from exportation.--Whoever exports an 
     Item Prohibited from Exportation without first securing an 
     export certification shall be liable for a civil money 
     penalty, the amount of which shall equal the total cost of 
     storing and repatriating the Item Prohibited from 
     Exportation.
       (C) Use of fines collected.--Any amounts collected by the 
     Secretary as a civil penalty under subparagraph (A)(ii)(I) or 
     (B) shall be credited to the currently applicable 
     appropriation, account, or fund of the Department of the 
     Interior as discretionary offsetting collections and shall be 
     available only to the extent and in the amounts provided in 
     advance in appropriations Acts--
       (i) to process export certification applications under this 
     subsection; and
       (ii) to store and repatriate the Item Prohibited from 
     Exportation.
       (D) Voluntary return.--
       (i) In general.--Any person who attempts to export or 
     otherwise transport from the United States an Item Requiring 
     Export Certification without first obtaining an export 
     certification, but voluntarily returns the Item Requiring 
     Export Certification, or directs the Item Requiring Export 
     Certification to be returned, to the appropriate Indian Tribe 
     or Native Hawaiian organization in accordance with section 6 
     prior to the commencement of an active Federal investigation 
     shall not be prosecuted for a violation of subparagraph (A) 
     with respect to the Item Requiring Export Certification.
       (ii) Actions not commencing a federal investigation.--For 
     purposes of clause (i), the following actions shall not be 
     considered to be actions that commence an active Federal 
     investigation:

       (I) The submission by the exporter of an export 
     certification application for the Item Requiring Export 
     Certification under paragraph (3)(A)(i).
       (II) The detention of the Item Requiring Export 
     Certification by the Secretary of Homeland Security, acting 
     through the Commissioner of U.S. Customs and Border 
     Protection, under paragraph (4)(A)(i).
       (III) The delivery to the Secretary of the Item Requiring 
     Export Certification by the Secretary of Homeland Security, 
     acting through the Commissioner of U.S. Customs and Border 
     Protection, under paragraph (4)(A)(ii).
       (IV) The seizure by the Secretary of the Item Requiring 
     Export Certification under paragraph (4)(A)(ii).

       (6) Fees.--
       (A) In general.--The Secretary may assess reasonable fees 
     limited to the cost of processing export certification 
     applications under this subsection, subject to subparagraph 
     (B).
       (B) Availability of amounts collected.--Fees authorized 
     under subparagraph (A) shall be collected and available only 
     to the extent and in the amounts provided in advance in 
     appropriations Acts.
       (7) Administrative appeal.--If the Secretary denies an 
     export certification or an Item Requiring Export 
     Certification is detained under this subsection, the 
     exporter, on request, shall be given a hearing on the record 
     in accordance with such rules and regulations as the 
     Secretary promulgates pursuant to section 10.
       (8) Training.--
       (A) In general.--The Secretary, the Secretary of State, the 
     Attorney General, and the heads of all other relevant Federal 
     agencies shall require all appropriate personnel to 
     participate in training regarding applicable laws and 
     consultations to facilitate positive government-to-government 
     interactions with Indian Tribes and Native Hawaiian 
     Organizations.
       (B) U.S. customs and border protection training.--The 
     Secretary of Homeland Security, acting through the 
     Commissioner of U.S. Customs and Border Protection, shall 
     require all appropriate personnel of U.S. Customs and Border 
     Protection to participate in training provided by the 
     Secretary of the Interior or an Indian Tribe or Native 
     Hawaiian organization to assist the personnel in identifying, 
     handling, and documenting in a culturally sensitive manner 
     Items Requiring Export Certification for purposes of this 
     title.
       (C) Consultation.--In developing or modifying and 
     delivering trainings under subparagraphs (A) and (B), the 
     applicable heads of Federal agencies shall consult with 
     Indian Tribes and Native Hawaiian organizations.
       (c) Agreements to Request Return From Foreign Countries.--
     The President may request from foreign nations agreements 
     that specify concrete measures that the foreign nation will 
     carry out--
       (1) to discourage commerce in, and collection of, Items 
     Prohibited from Exportation;
       (2) to encourage the voluntary return of tangible cultural 
     heritage; and
       (3) to expand the market for the products of Indian art and 
     craftsmanship in accordance with section 2 of the Act of 
     August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) 
     (commonly known as the ``Indian Arts and Crafts Act'').

     SEC. 5706. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.

       (a) Liaison.--The Secretary and the Secretary of State 
     shall each designate a liaison to facilitate the voluntary 
     return of tangible cultural heritage.
       (b) Trainings and Workshops.--The liaisons designated under 
     subsection (a) shall offer to representatives of Indian 
     Tribes and Native Hawaiian organizations and collectors, 
     dealers, and other individuals and organizations trainings 
     and workshops regarding the voluntary return of tangible 
     cultural heritage.
       (c) Referrals.--
       (1) In general.--The Secretary shall refer individuals and 
     organizations to 1 or more Indian Tribes and Native Hawaiian 
     organizations with a cultural affiliation to tangible 
     cultural heritage for the purpose of facilitating the 
     voluntary return of tangible cultural heritage.
       (2) Referral representatives.--The Secretary shall compile 
     a list of representatives from each Indian Tribe and Native 
     Hawaiian organization for purposes of referral under 
     paragraph (1).
       (3) Consultation.--The Secretary shall consult with Indian 
     Tribes, Native Hawaiian organizations, and the Native working 
     group convened under section 8(a) before making a referral 
     under paragraph (1).
       (4) Third-party experts.--The Secretary may use third 
     parties with relevant expertise, including institutions of 
     higher education, museums, dealers, and collector 
     organizations, in determining to which Indian Tribe or Native 
     Hawaiian organization an individual or organization should be 
     referred under paragraph (1).
       (d) Legal Liability.--Nothing in this section imposes on 
     any individual or entity any additional penalties or legal 
     liability.
       (e) Tax Documentation.--In facilitating the voluntary 
     return of tangible cultural

[[Page S5868]]

     heritage under this section, the Secretary shall include 
     provision of tax documentation for a deductible gift to an 
     Indian Tribe or Native Hawaiian organization, if the 
     recipient Indian Tribe or Native Hawaiian organization 
     consents to the provision of tax documentation.
       (f) Repatriation Under Native American Graves Protection 
     and Repatriation Act.--The voluntary return provisions of 
     this section shall apply to a specific item of tangible 
     cultural heritage only to the extent that the repatriation 
     provisions under section 7 of the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3005) do not apply 
     to the item of tangible cultural heritage.

     SEC. 5707. INTERAGENCY WORKING GROUP.

       (a) In General.--The Secretary shall designate a 
     coordinating office to convene an interagency working group 
     consisting of representatives from the Departments of the 
     Interior, Justice, State, and Homeland Security.
       (b) Goals.--The goals of the interagency working group 
     convened under subsection (a) are--
       (1) to facilitate the repatriation to Indian Tribes and 
     Native Hawaiian organizations of items that have been 
     illegally removed or trafficked in violation of applicable 
     law;
       (2) to protect tangible cultural heritage, cultural items, 
     and archaeological resources still in the possession of 
     Indian Tribes and Native Hawaiian organizations; and
       (3) to improve the implementation by the applicable Federal 
     agencies of--
       (A) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 
     18, United States Code, as added by that Act);
       (B) the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.); and
       (C) other relevant Federal laws.
       (c) Responsibilities.--The interagency working group 
     convened under subsection (a) shall--
       (1) aid in implementation of this title and the amendments 
     made by this title, including by aiding in--
       (A) the voluntary return of tangible cultural heritage 
     under section 6; and
       (B) halting international sales of items that are 
     prohibited from being trafficked under Federal law; and
       (2) collaborate with--
       (A) the Native working group convened under section 8(a);
       (B) the review committee established under section 8(a) of 
     the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3006(a));
       (C) the Cultural Heritage Coordinating Committee 
     established pursuant to section 2 of the Protect and Preserve 
     International Cultural Property Act (Public Law 114-151; 19 
     U.S.C. 2601 note); and
       (D) any other relevant committees and working groups.

     SEC. 5708. NATIVE WORKING GROUP.

       (a) In General.--The Secretary shall convene a Native 
     working group consisting of not fewer than 12 representatives 
     of Indian Tribes and Native Hawaiian organizations with 
     relevant expertise, who shall be nominated by Indian Tribes 
     and Native Hawaiian organizations, to advise the Federal 
     Government in accordance with this section.
       (b) Recommendations.--The Native working group convened 
     under subsection (a) may provide recommendations regarding--
       (1) the voluntary return of tangible cultural heritage by 
     collectors, dealers, and other individuals and non-Federal 
     organizations that hold such tangible cultural heritage; and
       (2) the elimination of illegal commerce of cultural items 
     and archaeological resources in the United States and foreign 
     markets.
       (c) Requests.--The Native working group convened under 
     subsection (a) may make formal requests to initiate certain 
     agency actions, including requests that--
       (1) the Department of Justice initiate judicial proceedings 
     domestically or abroad to aid in the repatriation cultural 
     items and archaeological resources; and
       (2) the Department of State initiate dialogue through 
     diplomatic channels to aid in that repatriation.
       (d) Agency and Committee Assistance.--
       (1) In general.--On request by the Native working group 
     convened under subsection (a), the agencies and committees 
     described in paragraph (2) shall make efforts to provide 
     information and assistance to the Native working group.
       (2) Description of agencies and committees.--The agencies 
     and committees referred to in paragraph (1) are the 
     following:
       (A) The Department of the Interior.
       (B) The Department of Justice.
       (C) The Department of Homeland Security.
       (D) The Department of State.
       (E) The review committee established under section 8(a) of 
     the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3006(a)).
       (F) The Cultural Heritage Coordinating Committee 
     established pursuant to section 2 of the Protect and Preserve 
     International Cultural Property Act (Public Law 114-151; 19 
     U.S.C. 2601 note).
       (G) Any other relevant Federal agency, committee, or 
     working group.
       (e) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Native working group convened under subsection 
     (a).

     SEC. 5709. TREATMENT UNDER FREEDOM OF INFORMATION ACT.

       (a) In General.--Except as provided in subsection (c), the 
     following information shall be exempt from disclosure under 
     section 552 of title 5, United States Code:
       (1) Information that a representative of an Indian Tribe or 
     Native Hawaiian organization--
       (A) submits to a Federal agency pursuant to this title or 
     an amendment made by this title; and
       (B) designates as sensitive or private according to Native 
     American custom, law, culture, or religion.
       (2) Information that any person submits to a Federal agency 
     pursuant to this title or an amendment made by this title 
     that relates to an item for which an export certification is 
     denied under this title.
       (b) Applicability.--For purposes of subsection (a), this 
     title shall be considered a statute described in section 
     552(b)(3)(B) of title 5, United States Code.
       (c) Exception.--An Indian Tribe or Native Hawaiian 
     organization may request and shall receive its own 
     information, as described in subsection (a), from the Federal 
     agency to which the Indian Tribe or Native Hawaiian 
     organization submitted the information.

     SEC. 5710. REGULATIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     State, the Secretary of Homeland Security, and the Attorney 
     General, and after consultation with Indian Tribes and Native 
     Hawaiian organizations, shall promulgate rules and 
     regulations to carry out this title.

     SEC. 5711. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $3,000,000 for each of fiscal years 2022 through 2027.

     SEC. 5712. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this title, 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 title, 
     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.

TITLE LVIII--DON YOUNG ALASKA NATIVE HEALTH CARE LAND TRANSFERS ACT OF 
                                  2022

     SEC. 5801. SHORT TITLE.

        This title may be cited as the ``Don Young Alaska Native 
     Health Care Land Transfers Act of 2022''.

     SEC. 5802. DEFINITIONS.

       For the purposes of this title:
       (1) Consortia.--The term ``Consortia'' means the Alaska 
     Native Tribal Health Consortium and Southeast Alaska Regional 
     Health Consortium.
       (2) Council.--The term ``Council'' means the Tanana Tribal 
     Council located in Tanana, Alaska.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 5803. CONVEYANCES OF PROPERTY.

       (a) Conveyance of Property to the Tanana Tribal Council.--
       (1) In general.--As soon as practicable, but not later than 
     180 days, after the date of the enactment of this Act, the 
     Secretary shall convey to the Council all right, title, and 
     interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     and social services programs.
       (2) Property described.--The property referred to in 
     paragraph (1), including all land, improvements, and 
     appurtenances, described in this paragraph is the property 
     included in U.S. Survey No. 5958 in the village of Tanana, 
     Alaska, within surveyed lot 12, T. 4 N., R. 22 W., Fairbanks 
     Meridian, Alaska, containing approximately 11.25 acres.
       (b) Conveyance of Property to the Southeast Alaska Regional 
     Health Consortium.--
       (1) In general.--As soon as practicable, but not later than 
     2 years, after the date of the enactment of this Act, the 
     Secretary shall convey to the Southeast Alaska Regional 
     Health Consortium located in Sitka, Alaska, all right, title, 
     and interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     and social services programs.
       (2) Property described.--The property referred to in 
     paragraph (1), including all land and appurtenances, 
     described in this paragraph is the property included in U.S. 
     Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 
     E., Copper River Meridian, containing approximately 10.87 
     acres in Sitka, Alaska.
       (c) Conveyance of Property to the Alaska Native Tribal 
     Health Consortium.--
       (1) In general.--As soon as practicable, but not later than 
     1 year, after the date of the enactment of this Act, the 
     Secretary shall convey to the Alaska Native Tribal Health 
     Consortium located in Anchorage, Alaska, all right, title, 
     and interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     programs.
       (2) Property described.--The property referred to in 
     paragraph (1), including all land, improvements, and 
     appurtenances, is the following:
       (A) Lot 1A in Block 31A, East Addition, Anchorage Townsite, 
     United States Survey

[[Page S5869]]

     No. 408, Plat No. 96-117, recorded on November 22, 1996, in 
     the Anchorage Recording District.
       (B) Block 32C, East Addition, Anchorage Townsite, United 
     States Survey No. 408, Plat No. 96-118, recorded on November 
     22, 1996, in the Anchorage Recording District.

     SEC. 5804. CONDITIONS OF THE CONVEYANCE OF THE PROPERTIES.

       (a) Conditions.--The conveyance of the properties under 
     section 5803--
       (1) shall be made by warranty deed; and
       (2) shall not--
       (A) require any consideration from the Consortia or the 
     Council for the property;
       (B) impose any obligation, term, or condition on the 
     Consortia or the Council regarding the property; or
       (C) allow for any reversionary interest of the United 
     States in the property.
       (b) Effect on Any Quitclaim Deed.--The conveyance by the 
     Secretary of title by warranty deed under subsection (a)(1) 
     shall, on the effective date of the conveyance, supersede and 
     render of no future effect any quitclaim deed to the 
     properties described in section 5803 executed by the 
     Secretary and the Consortia or the Council.

     SEC. 5805. ENVIRONMENTAL LIABILITY.

       (a) Liability.--
       (1) In general.--Notwithstanding any other provision of 
     law, neither the Consortia nor the Council shall be liable 
     for any soil, surface water, groundwater, or other 
     contamination resulting from the disposal, release, or 
     presence of any environmental contamination on any portion of 
     the property described in section 5803 that occurred on or 
     before the date on which the Consortia or the Council 
     controlled, occupied, and used the properties.
       (2) Environmental contamination.--An environmental 
     contamination described in paragraph (1) includes any oil or 
     petroleum products, hazardous substances, hazardous 
     materials, hazardous waste, pollutants, toxic substances, 
     solid waste, or any other environmental contamination or 
     hazard as defined in any Federal or State of Alaska law.
       (b) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed under this title as may be 
     reasonably necessary to satisfy any retained obligation or 
     liability of the Secretary.
       (c) Notice of Hazardous Substance Activity and Warranty.--
     In carrying out this section, the Secretary shall comply with 
     section 120(h) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
       (d) Limitation on Applicability.--The provisions in this 
     section apply only to the property conveyances specifically 
     required by this title.

                         TITLE LIX--RESPECT ACT

     SEC. 5901. SHORT TITLE.

       This title may be cited as the ``Repealing Existing 
     Substandard Provisions Encouraging Conciliation with Tribes 
     Act'' or the ``RESPECT Act''.

     SEC. 5902. REPEAL OF CERTAIN OBSOLETE LAWS RELATING TO 
                   INDIANS.

       (1) Section 2080 of the Revised Statutes (25 U.S.C. 72) is 
     repealed.
       (2) Section 2100 of the Revised Statutes (25 U.S.C. 127) is 
     repealed.
       (3) Section 2 of the Act of March 3, 1875 (18 Stat. 449, 
     chapter 132; 25 U.S.C. 128), is repealed.
       (4) The first section of the Act of March 3, 1875 (18 Stat. 
     424, chapter 132; 25 U.S.C. 129), is amended under the 
     heading ``CHEYENNES AND ARAPAHOES.'' by striking ``; that the 
     Secretary of the Interior be authorized to withhold, from any 
     tribe of Indians who may hold any captives other than 
     Indians, any moneys due them from the United States until 
     said captives shall be surrendered to the lawful authorities 
     of the United States''.
       (5) Section 2087 of the Revised Statutes (25 U.S.C. 130) is 
     repealed.
       (6) Section 3 of the Act of March 3, 1875 (18 Stat. 449, 
     chapter 132; 25 U.S.C. 137), is repealed.
       (7) Section 2101 of the Revised Statutes (25 U.S.C. 138) is 
     repealed.
       (8) Section 7 of the Act of June 23, 1879 (21 Stat. 35, 
     chapter 35; 25 U.S.C. 273), is repealed.
       (9) The first section of the Act of March 3, 1893 (27 Stat. 
     612, chapter 209), is amended--
       (A) under the heading ``MISCELLANEOUS SUPPORTS.'' (27 Stat. 
     628; 25 U.S.C. 283), by striking the last 2 undesignated 
     paragraphs; and
       (B) under the heading ``FOR SUPPORT OF SCHOOLS.'' (27 Stat. 
     635; 25 U.S.C. 283), by striking the second undesignated 
     paragraph.
       (10) Section 18 of the Act of June 30, 1913 (38 Stat. 96, 
     chapter 4; 25 U.S.C. 285), is amended by striking the tenth 
     undesignated paragraph.
       (11) The Act of June 21, 1906 (34 Stat. 325, chapter 3504), 
     is amended under the heading ``commissioner.'' under the 
     heading ``I. GENERAL PROVISIONS.'' (34 Stat. 328; 25 U.S.C. 
     302) by striking the fourth undesignated paragraph.

  TITLE LX--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Agua Caliente Land 
     Exchange Fee to Trust Confirmation Act''.

     SEC. 6002. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE 
                   AGUA CALIENTE BAND OF CAHUILLA INDIANS.

       (a) In General.--The approximately 2,560 acres of land 
     owned by the Agua Caliente Band of Cahuilla Indians generally 
     depicted as ``Lands to be Taken into Trust'' on the map 
     entitled ``Agua Caliente Band of Cahuilla Indians Land to be 
     Taken into Trust'' and dated November 17, 2021, is hereby 
     taken into trust by the United States for the benefit of the 
     Agua Caliente Band of Cahuilla Indians.
       (b) Administration.--Land taken into trust by subsection 
     (a) shall be--
       (1) part of the reservation of the Agua Caliente Band of 
     Cahuilla Indians; and
       (2) administered in accordance with the laws and 
     regulations generally applicable to property held in trust by 
     the United States for the benefit of an Indian Tribe.
       (c) Gaming Prohibited.--Land taken into trust by subsection 
     (a) shall not be eligible for gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.).

               TITLE LXI--URBAN INDIAN HEALTH CONFER ACT

     SEC. 6101. SHORT TITLE.

       This title may be cited as the ``Urban Indian Health Confer 
     Act''.

     SEC. 6102. URBAN INDIAN ORGANIZATION CONFER POLICY.

        Section 514(b) of the Indian Health Care Improvement Act 
     (25 U.S.C. 1660d) is amended to read as follows:
       ``(b) Requirement.--The Secretary shall ensure that the 
     Service and the other agencies and offices of the Department 
     confer, to the maximum extent practicable, with urban Indian 
     organizations in carrying out--
       ``(1) this Act; and
       ``(2) other provisions of law relating to Indian health 
     care.''.

         TITLE LXII--OLD PASCUA COMMUNITY LAND ACQUISITION ACT

     SEC. 6201. SHORT TITLE.

        This title may be cited as the ``Old Pascua Community Land 
     Acquisition Act''.

     SEC. 6202. DEFINITIONS.

       In this title:
       (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.

     SEC. 6203. 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 Tribe.

     SEC. 6204. 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.

     SEC. 6205. REAFFIRMATION OF STATUS AND ACTIONS.

       (a) Administration.--Land placed into trust pursuant to 
     this title shall--
       (1) 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
       (2) be deemed to have been acquired and taken into trust on 
     September 18, 1978.
       (b) Rules of Construction.--Nothing in this title shall--
       (1) 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;
       (2) affect any water right of the Tribe in existence before 
     the date of the enactment of this Act;
       (3) 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
       (4) 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.

          TITLE LXIII--NATIVE AMERICAN TOURISM GRANT PROGRAMS

     SEC. 6301. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       The Native American Tourism and Improving Visitor 
     Experience Act (25 U.S.C. 4351 et seq.) is amended--
       (1) by redesignating section 6 (25 U.S.C. 4355) as section 
     7; and
       (2) by inserting after section 5 (25 U.S.C. 4354) the 
     following:

     ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       ``(a) Bureau of Indian Affairs Program.--The Director of 
     the Bureau of Indian Affairs may make grants to and enter 
     into agreements with Indian tribes and tribal organizations 
     to carry out the purposes of this Act, as described in 
     section 2.

[[Page S5870]]

       ``(b) Office of Native Hawaiian Relations.--The Director of 
     the Office of Native Hawaiian Relations may make grants to 
     and enter into agreements with Native Hawaiian organizations 
     to carry out the purposes of this Act, as described in 
     section 2.
       ``(c) Other Federal Agencies.--The heads of other Federal 
     agencies, including the Secretaries of Commerce, 
     Transportation, Agriculture, Health and Human Services, and 
     Labor, may make grants under this authority to and enter into 
     agreements with Indian tribes, tribal organizations, and 
     Native Hawaiian organizations to carry out the purposes of 
     this Act, as described in section 2.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.

                  TITLE LXIV--BLACKWATER TRADING POST

     SEC. 6401. SHORT TITLE.

       This title may be cited as the ``Blackwater Trading Post 
     Land Transfer Act''.

     SEC. 6402. DEFINITIONS.

       In this title:
       (1) Blackwater trading post land.--The term ``Blackwater 
     Trading Post Land'' means the approximately 55.3 acres of 
     land as depicted on the map that--
       (A) is located in Pinal County, Arizona, and bordered by 
     Community land to the east, west, and north and State Highway 
     87 to the south; and
       (B) is owned by the Community.
       (2) Community.--The term ``Community'' means the Gila River 
     Indian Community of the Reservation.
       (3) Map.--The term ``map'' means the map entitled ``Results 
     of Survey, Ellis Property, A Portion of the West \1/2\ of 
     Section 12, Township 5 South, Range 7 East, Gila and Salt 
     River Meridian, Pinal County, Arizona'' and dated October 15, 
     2012.
       (4) Reservation.--The term ``Reservation'' means the land 
     located within the exterior boundaries of the reservation 
     created under sections 3 and 4 of the Act of February 28, 
     1859 (11 Stat. 401, chapter LXVI), and Executive orders of 
     August 31, 1876, June 14, 1879, May 5, 1882, November 15, 
     1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 
     19, 1915, and any other lands placed in trust for the benefit 
     of the Community.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 6403. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA 
                   RIVER INDIAN COMMUNITY.

       (a) In General.--The Secretary shall take the Blackwater 
     Trading Post Land into trust for the benefit of the 
     Community, after the Community--
       (1) conveys to the Secretary all right, title, and interest 
     of the Community in and to the Blackwater Trading Post Land;
       (2) submits to the Secretary a request to take the 
     Blackwater Trading Post Land into trust for the benefit of 
     the Community;
       (3) conducts a survey (to the satisfaction of the 
     Secretary) to determine the exact acreage and legal 
     description of the Blackwater Trading Post Land, if the 
     Secretary determines a survey is necessary; and
       (4) pays all costs of any survey conducted under paragraph 
     (3).
       (b) Availability of Map.--Not later than 180 days after the 
     Blackwater Trading Post Land is taken into trust under 
     subsection (a), the map shall be on file and available for 
     public inspection in the appropriate offices of the 
     Secretary.
       (c) Lands Taken Into Trust Part of Reservation.--After the 
     date on which the Blackwater Trading Post Land is taken into 
     trust under subsection (a), the land shall be treated as part 
     of the Reservation.
       (d) Gaming.--Class II and class III gaming under the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be 
     allowed at any time on the land taken into trust under 
     subsection (a).
       (e) Description.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall cause the full 
     metes-and-bounds description of the Blackwater Trading Post 
     Land to be published in the Federal Register.
       (2) Treatment.--The description under paragraph (1) shall, 
     on publication, constitute the official description of the 
     Blackwater Trading Post Land.
                                 ______
                                 
  SA 6342. 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:

     SEC. ___. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS.

       (a) In General.--
       (1) Increase to full vested plan benefit.--
       (A) In general.--For purposes of determining what benefits 
     are guaranteed under section 4022 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1322) with respect to 
     an eligible participant or beneficiary under a covered plan 
     specified in paragraph (4) in connection with the termination 
     of such plan, the amount of monthly benefits shall be equal 
     to the full vested plan benefit with respect to the 
     participant.
       (B) No effect on previous determinations.--Nothing in this 
     Act shall be construed to change the allocation of assets and 
     recoveries under sections 4044(a) and 4022(c) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1344(a); 
     1322(c)) as previously determined by the Pension Benefit 
     Guaranty Corporation (referred to in this section as the 
     ``corporation'') for the covered plans specified in paragraph 
     (4), and the corporation's applicable rules, practices, and 
     policies on benefits payable in terminated single-employer 
     plans shall, except as otherwise provided in this section, 
     continue to apply with respect to such covered plans.
       (2) Recalculation of certain benefits.--
       (A) In general.--In any case in which the amount of monthly 
     benefits with respect to an eligible participant or 
     beneficiary described in paragraph (1) was calculated prior 
     to the date of enactment of this Act, the corporation shall 
     recalculate such amount pursuant to paragraph (1), and shall 
     adjust any subsequent payments of such monthly benefits 
     accordingly, as soon as practicable after such date.
       (B) Lump-sum payments of past-due benefits.--Not later than 
     180 days after the date of enactment of this Act, the 
     corporation, in consultation with the Secretary of the 
     Treasury and the Secretary of Labor, shall make a lump-sum 
     payment to each eligible participant or beneficiary whose 
     guaranteed benefits are recalculated under subparagraph (A) 
     in an amount equal to--
       (i) in the case of an eligible participant, the excess of--

       (I) the total of the full vested plan benefits of the 
     participant for all months for which such guaranteed benefits 
     were paid prior to such recalculation, over
       (II) the sum of any applicable payments made to the 
     eligible participant; and

       (ii) in the case of an eligible beneficiary, the sum of--

       (I) the amount that would be determined under clause (i) 
     with respect to the participant of which the eligible 
     beneficiary is a beneficiary if such participant were still 
     in pay status; plus
       (II) the excess of--

       (aa) the total of the full vested plan benefits of the 
     eligible beneficiary for all months for which such guaranteed 
     benefits were paid prior to such recalculation, over
       (bb) the sum of any applicable payments made to the 
     eligible beneficiary.
     Notwithstanding the previous sentence, the corporation shall 
     increase each lump-sum payment made under this subparagraph 
     to account for foregone interest in an amount determined by 
     the corporation designed to reflect a 6 percent annual 
     interest rate on each past-due amount attributable to the 
     underpayment of guaranteed benefits for each month prior to 
     such recalculation.
       (C) Eligible participants and beneficiaries.--
       (i) In general.--For purposes of this section, an eligible 
     participant or beneficiary is a participant or beneficiary 
     who--

       (I) as of the date of the enactment of this Act, is in pay 
     status under a covered plan or is eligible for future 
     payments under such plan;
       (II) has received or will receive applicable payments in 
     connection with such plan (within the meaning of clause (ii)) 
     that does not exceed the full vested plan benefits of such 
     participant or beneficiary; and
       (III) is not covered by the 1999 agreements between General 
     Motors and various unions providing a top-up benefit to 
     certain hourly employees who were transferred from the 
     General Motors Hourly-Rate Employees Pension Plan to the 
     Delphi Hourly-Rate Employees Pension Plan.

       (ii) Applicable payments.--For purposes of this paragraph, 
     applicable payments to a participant or beneficiary in 
     connection with a plan consist of the following:

       (I) Payments under the plan equal to the normal benefit 
     guarantee of the participant or beneficiary.
       (II) Payments to the participant or beneficiary made 
     pursuant to section 4022(c) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise 
     received from the corporation in connection with the 
     termination of the plan.

       (3) Definitions.--For purposes of this subsection--
       (A) Full vested plan benefit.--The term ``full vested plan 
     benefit'' means the amount of monthly benefits that would be 
     guaranteed under section 4022 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1322) as of the date 
     of plan termination with respect to an eligible participant 
     or beneficiary if such section were applied without regard to 
     the phase-in limit under subsection (b)(1) of such section 
     and the maximum guaranteed benefit limitation under 
     subsection (b)(3) of such section (including the accrued-at-
     normal limitation).
       (B) Normal benefit guarantee.--The term ``normal benefit 
     guarantee'' means the amount of monthly benefits guaranteed 
     under section 4022 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1322) with respect to an eligible 
     participant or beneficiary without regard to this Act.
       (4) Covered plans.--The covered plans specified in this 
     paragraph are the following:
       (A) The Delphi Hourly-Rate Employees Pension Plan.

[[Page S5871]]

       (B) The Delphi Retirement Program for Salaried Employees.
       (C) The PHI Non-Bargaining Retirement Plan.
       (D) The ASEC Manufacturing Retirement Program.
       (E) The PHI Bargaining Retirement Plan.
       (F) The Delphi Mechatronic Systems Retirement Program.
       (5) Treatment of pbgc determinations.--Any determination 
     made by the corporation under this section concerning a 
     recalculation of benefits or lump-sum payment of past-due 
     benefits shall be subject to administrative review by the 
     corporation. Any new determination made by the corporation 
     under this section shall be governed by the same 
     administrative review process as any other benefit 
     determination by the corporation.
       (b) Trust Fund for Payment of Increased Benefits.--
       (1) Establishment.--There is established in the Treasury a 
     trust fund to be known as the ``Delphi Full Vested Plan 
     Benefit Trust Fund'' (referred to in this subsection as the 
     ``Fund''), consisting of such amounts as may be appropriated 
     or credited to the Fund as provided in this section.
       (2) Funding.--There is appropriated, out of amounts in the 
     Treasury not otherwise appropriated, such amounts as are 
     necessary for the costs of payments of the portions of 
     monthly benefits guaranteed to participants and beneficiaries 
     pursuant to subsection (a) and for necessary administrative 
     and operating expenses of the corporation relating to such 
     payments. The Fund shall be credited with amounts from time 
     to time as the Secretary of the Treasury, in coordination 
     with the Director of the corporation, determines appropriate, 
     out of amounts in the Treasury not otherwise appropriated.
       (3) Expenditures from fund.--Amounts in the Fund shall be 
     available for the payment of the portion of monthly benefits 
     guaranteed to a participant or beneficiary pursuant to 
     subsection (a) and for necessary administrative and operating 
     expenses of the corporation relating to such payment.
       (c) Regulations.--The corporation, in consultation with the 
     Secretary of the Treasury and the Secretary of Labor, may 
     issue such regulations as necessary to carry out this 
     section.
       (d) Tax Treatment of Lump-Sum Payments.--
       (1) In general.--Unless the taxpayer elects (at such time 
     and in such manner as the Secretary may provide) to have this 
     paragraph not apply with respect to any lump-sum payment 
     under subsection (a)(2)(B), the amount of such payment shall 
     be included in the taxpayer's gross income ratably over the 
     3-taxable-year period beginning with the taxable year in 
     which such payment is received.
       (2) Special rules related to death.--
       (A) In general.--If the taxpayer dies before the end of the 
     3-taxable-year period described in paragraph (1), any amount 
     to which paragraph (1) applies which has not been included in 
     gross income for a taxable year ending before the taxable 
     year in which such death occurs shall be included in gross 
     income for such taxable year.
       (B) Special election for surviving spouses of eligible 
     participants.--If--
       (i) a taxpayer with respect to whom paragraph (1) applies 
     dies,
       (ii) such taxpayer is an eligible participant,
       (iii) the surviving spouse of such eligible participant is 
     entitled to a survivor benefit from the corporation with 
     respect to such eligible participant, and
       (iv) such surviving spouse elects (at such time and in such 
     manner as the Secretary may provide) the application of this 
     subparagraph,
     subparagraph (A) shall not apply and any amount which would 
     have (but for such taxpayer's death) been included in the 
     gross income of such taxpayer under paragraph (1) for any 
     taxable year beginning after the date of such death shall be 
     included in the gross income of such surviving spouse for the 
     taxable year of such surviving spouse ending with or within 
     such taxable year of the taxpayer.
                                 ______
                                 
  SA 6343. 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. REPORT ON ONGOING THREAT POSED BY ISIS.

       (a) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States should acknowledge the vital role 
     that the Syrian Democratic Forces, which is a United States 
     ally, have played in the fight to defeat ISIS and administer 
     territory previously controlled by ISIS;
       (2) radicalization within the al-Hol camp provides fuel for 
     a potential resurgence of ISIS and poses a threat to the 
     region;
       (3) Turkish military operations against the Syrian 
     Democratic Forces in Syria risk further destabilization and 
     threaten innocent civilians; and
       (4) the United States should use its good offices to stop 
     Turkish shelling and other military operations in the 
     northeast region of Syria.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of State shall jointly provide a report to Congress 
     on the ongoing threat posed by ISIS in Syria and Iraq and the 
     administration's strategy for--
       (1) supporting the Syrian Democratic Forces and preventing 
     an ISIS resurgence;
       (2) responding to deteriorating conditions and 
     radicalization within the al-Hol camp;
       (3) responding to shelling and other military operations by 
     Turkish forces in northeastern Syria against the Syrian 
     Democratic Forces; and
       (4) protecting the gains made since 2014 in the fight 
     against ISIS.
                                 ______
                                 
  SA 6344. Mr. VAN HOLLEN (for himself, Mr. Leahy, Ms. Warren, Mr. 
Blumenthal, 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:

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

     SEC. 1214. UPHOLDING HUMAN RIGHTS ABROAD.

       (a) Consideration of Human Rights Records of Recipients of 
     Support of Special Operations to Combat Terrorism.--Section 
     127e of title 10, United States Code, is amended--
       (1) in subsection (c)(2) by adding at the end of the 
     following new subparagraph:
       ``(D) The processes through which the Secretary of Defense, 
     in consultation with the Secretary of State, shall ensure 
     that, prior to a decision to provide any support to foreign 
     forces, irregular forces, groups, or individuals, full 
     consideration is given to any credible information available 
     to the Department of State relating to violations of human 
     rights by such entities.'';
       (2) in subsection (d)(2)--
       (A) in subparagraph (H), by inserting ``, including the 
     promotion of good governance and rule of law and the 
     protection of civilians and human rights'' before the period 
     at the end;
       (B) in subparagraph (I)--
       (i) by striking the period at the end and inserting ``or 
     violations of the laws of armed conflict, including the 
     Geneva Conventions of 1949, including--''; and
       (ii) by adding at the end the following new clauses:
       ``(i) vetting units receiving such support for violations 
     of human rights;
       ``(ii) providing human rights training to units receiving 
     such support; and
       ``(iii) providing for the investigation of allegations of 
     gross violations of human rights and termination of such 
     support in cases of credible information of such 
     violations.''; and
       (C) by adding at the end the following new subparagraph:
       ``(J) A description of the human rights record of the 
     recipient, including for purposes of section 362 of this 
     title, and any relevant attempts by such recipient to remedy 
     such record.'';
       (3) in subsection (i)(3) by adding at the end the following 
     new subparagraph:
       ``(I) An assessment of how support provided under this 
     section advances United States national security priorities 
     and aligns with other United States Government efforts to 
     address underlying risk factors of terrorism and violent 
     extremism, including repression, human rights abuses, and 
     corruption.''; and
       (4) by adding at the end the following new subsections:
       ``(j) Prohibition on Use of Funds.--(1) Except as provided 
     in paragraphs (2) and (3), no funds may be used to provide 
     support to any individual member or unit of a foreign force, 
     irregular force, or group in a foreign country if the 
     Secretary of Defense has credible information that such 
     individual or unit has committed a gross violation of human 
     rights.
       ``(2) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition under paragraph 
     (1) if the Secretary determines that the waiver is required 
     by extraordinary circumstances.
       ``(3) The prohibition under paragraph (1) shall not apply 
     with respect to the foreign forces, irregular forces, groups, 
     or individuals of a country if the Secretary of Defense 
     determines that--
       ``(A) the government of such country has taken all 
     necessary corrective steps; or
       ``(B) the support is necessary to assist in disaster relief 
     operations or other humanitarian or national security 
     emergencies.
       ``(k) Savings Clause.--Nothing in this section shall be 
     construed to constitute a specific statutory authorization 
     for any of the following:
       ``(1) The conduct of a covert action, as such term is 
     defined in section 503(e) of the National Security Act of 
     1947 (50 U.S.C. 3093).

[[Page S5872]]

       ``(2) The introduction of United States armed forces, 
     within the meaning of section 5(b) of the War Powers 
     Resolution, into hostilities or into situations wherein 
     hostilities are clearly indicated by the circumstances.
       ``(3) The provision of support to regular forces, irregular 
     forces, groups, or individuals for the conduct of operations 
     that United States Special Operations Forces are not 
     otherwise legally authorized to conduct themselves.
       ``(4) The conduct or support of activities, directly or 
     indirectly, that are inconsistent with the laws of armed 
     conflict.''.
       (b) Consideration of Human Rights Records of Recipients of 
     Support of Special Operations for Irregular Warfare.--Section 
     1202 of the National Defense Authorization Act for Fiscal 
     Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended--
       (1) in subsection (c)(2), by adding at the end of the 
     following new subparagraph:
       ``(D) The processes through which the Secretary of Defense 
     shall, in consultation with the Secretary of State, ensure 
     that prior to a decision to provide support to individual 
     members or units of foreign forces, irregular forces, or 
     groups in a foreign country full consideration is given to 
     any credible information available to the Department of State 
     relating to gross violations of human rights by such 
     individuals or units.'';
       (2) in subsection (d)(2)--
       (A) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (B) by inserting after subparagraph (F) the following new 
     subparagraph (G):
       ``(G) A description of the human rights record of the 
     recipient, including for purposes of section 362 of title 10, 
     United States Code, and any relevant attempts by such 
     recipient to remedy such record.'';
       (3) in subsection (h)(3), by adding at the end the 
     following new subparagraph:
       ``(I) An assessment of how support provided under this 
     section advances United States national security priorities 
     and aligns with other United States Government interests in 
     countries in which activities under the authority in this 
     section are ongoing.'';
       (4) by redesignating subsection (i) as subsection (j); and
       (5) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Prohibition on Use of Funds.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), no funds may be used to provide support to any 
     individual member or unit of a foreign force, irregular 
     force, or group in a foreign country if the Secretary of 
     Defense has credible information that such individual or unit 
     has committed a gross violation of human rights.
       ``(2) Waiver authority.--The Secretary of Defense, after 
     consultation with the Secretary of State, may waive the 
     prohibition under paragraph (1) if the Secretary determines 
     that the waiver is required by extraordinary circumstances.
       ``(3) Exception.--The prohibition under paragraph (1) shall 
     not apply with respect to individual members or units of such 
     foreign forces, irregular forces, or groups if the Secretary 
     of Defense, after consultation with the Secretary of State, 
     determines that--
       ``(A) the government of such country has taken all 
     necessary corrective steps; or
       ``(B) the support is necessary to assist in disaster relief 
     operations or other humanitarian or national security 
     emergencies.''.
                                 ______
                                 
  SA 6345. 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. LIMITATION ON TRANSFER OF F-16 AIRCRAFT.

       (a) In General.--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 
     that--
       (1) such transfer is in the national interest of the United 
     States; and
       (2) 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 or military 
     operations against United States allies, including the Syrian 
     Democratic Forces, in the fight against ISIS.
       (b) Additional Limitation.--Notwithstanding a certification 
     described in subsection (a), a transfer of new F-16 aircraft 
     or F-16 upgrade technology or modernization kits described in 
     that subsection may not be carried out before the date on 
     which Turkey ratifies the accession of Sweden and Finland to 
     the North Atlantic Treaty Organization.
                                 ______
                                 
  SA 6346. 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, insert the following:

     SEC. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT 
                   INVENTORS.

       (a) Amendment.--Chapter 11 of title 35, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 124. Collection of demographic information for patent 
       inventors

       ``(a) Voluntary Collection.--The Director shall provide for 
     the collection of demographic information, including gender, 
     race, military or veteran status, and any other demographic 
     category that the Director determines appropriate, related to 
     each inventor listed with an application for patent, that may 
     be submitted voluntarily by that inventor.
       ``(b) Protection of Information.--The Director shall--
       ``(1) keep any information submitted under subsection (a) 
     confidential and separate from the application for patent; 
     and
       ``(2) establish appropriate procedures to ensure--
       ``(A) the confidentiality of any information submitted 
     under subsection (a); and
       ``(B) that demographic information is not made available to 
     examiners or considered in the examination of any application 
     for patent.
       ``(c) Relation to Other Laws.--
       ``(1) Freedom of information act.--Any demographic 
     information submitted under subsection (a) shall be exempt 
     from disclosure under section 552(b)(3) of title 5.
       ``(2) Federal information policy law.--Subchapter I of 
     chapter 35 of title 44 shall not apply to the collection of 
     demographic information under subsection (a).
       ``(d) Publication of Demographic Information.--
       ``(1) Report required.--Not later than 1 year after the 
     date of enactment of this section, and not later than January 
     31 of each year thereafter, the Director shall make publicly 
     available a report that, except as provided in paragraph 
     (3)--
       ``(A) includes the total number of patent applications 
     filed during the previous year disaggregated--
       ``(i) by demographic information described in subsection 
     (a); and
       ``(ii) by technology class number, technology class title, 
     country of residence of the inventor, and State of residence 
     of the inventor in the United States;
       ``(B) includes the total number of patents issued during 
     the previous year disaggregated--
       ``(i) by demographic information described in subsection 
     (a); and
       ``(ii) by technology class number, technology class title, 
     country of residence of the inventor, and State of residence 
     of the inventor in the United States; and
       ``(C) includes a discussion of the data collection 
     methodology and summaries of the aggregate responses.
       ``(2) Data availability.--In conjunction with issuance of 
     the report under paragraph (1), the Director shall make 
     publicly available data based on the demographic information 
     collected under subsection (a) that, except as provided in 
     paragraph (3), allows the information to be cross-tabulated 
     to review subgroups.
       ``(3) Privacy.--The Director--
       ``(A) may not include personally identifying information 
     in--
       ``(i) the report made publicly available under paragraph 
     (1); or
       ``(ii) the data made publicly available under paragraph 
     (2); and
       ``(B) in making publicly available the report under 
     paragraph (1) and the data under paragraph (2), shall 
     anonymize any personally identifying information related to 
     the demographic information collected under subsection (a).
       ``(e) Biennial Report.--Not later than 2 years after the 
     date of enactment of this section, and every 2 years 
     thereafter, the Director shall submit to Congress a biennial 
     report that evaluates the data collection process under this 
     section, ease of access to the information by the public, and 
     recommendations on how to improve data collection.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections at the beginning of chapter 11 of title 35, United 
     States Code, is amended by adding at the end the following:

``124. Collection of demographic information for patent inventors.''.
                                 ______
                                 
  SA 6347. 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

[[Page S5873]]

of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe 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--OFFICES OF COUNTERING WEAPONS OF MASS DESTRUCTION AND 
                            HEALTH SECURITY

     SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Offices of Countering Weapons of Mass Destruction and 
     Health Security Act of 2022''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 5001. Short title, table of contents.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

Sec. 5101. Countering Weapons of Mass Destruction Office.
Sec. 5102. Rule of construction.

                  TITLE II--OFFICE OF HEALTH SECURITY

Sec. 5201. Office of Health Security.
Sec. 5202. Medical countermeasures program.
Sec. 5203. Confidentiality of medical quality assurance records.
Sec. 5204. Portability of licensure.
Sec. 5205. Technical and conforming amendments.

         TITLE I--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     SEC. 5101. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) Homeland Security Act of 2002.--Title XIX of the 
     Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is 
     amended--
       (1) in section 1901 (6 U.S.C. 591)--
       (A) in subsection (c), by amending paragraphs (1) and (2) 
     to read as follows:
       ``(1) matters and strategies pertaining to--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats.''; and
       (B) by striking subsection (e);
       (2) by amending section 1921 (6 U.S.C. 591g) to read as 
     follows:

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for--
       ``(1) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) enhancing the ability of Federal, State, local, 
     Tribal, and territorial partners to prevent, detect, protect 
     against, and mitigate the impacts of attacks using--
       ``(A) weapons of mass destruction against the United 
     States; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats against the United States.'';
       (3) in section 1922 (6 U.S.C. 591h)--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b);
       (4) in section 1923 (6 U.S.C. 592)--
       (A) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (B) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Office Responsibilities.--
       ``(1) In general.--For the purposes of coordinating the 
     efforts of the Department to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, the Office shall--
       ``(A) provide expertise and guidance to Department 
     leadership and components on chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     subject to the research, development, testing, and evaluation 
     coordination requirement described in subparagraph (G);
       ``(B) in coordination with the Office for Strategy, Policy, 
     and Plans, lead development of policies and strategies to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats on 
     behalf of the Department;
       ``(C) identify, assess, and prioritize capability gaps 
     relating to the strategic and mission objectives of the 
     Department for weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(D) in coordination with the Office of Intelligence and 
     Analysis, support components of the Department, and Federal, 
     State, local, Tribal, and territorial partners, provide 
     intelligence and information analysis and reports on weapons 
     of mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(E) in consultation with the Science and Technology 
     Directorate, assess risk to the United States from weapons of 
     mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(F) lead development and prioritization of Department 
     requirements to counter weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, subject to the research, 
     development, testing, and evaluation coordination requirement 
     described in subparagraph (G), which requirements shall be--
       ``(i) developed in coordination with end users; and
       ``(ii) reviewed by the Joint Requirements Council, as 
     directed by the Secretary;
       ``(G) in coordination with the Science and Technology 
     Directorate, direct, fund, and coordinate capability 
     development activities to counter weapons of mass destruction 
     and all chemical, biological, radiological, nuclear, and 
     other related emerging threats research, development, test, 
     and evaluation matters, including research, development, 
     testing, and evaluation expertise, threat characterization, 
     technology maturation, prototyping, and technology 
     transition;
       ``(H) acquire, procure, and deploy counter weapons of mass 
     destruction capabilities, and serve as the lead advisor of 
     the Department on component acquisition, procurement, and 
     deployment of counter-weapons of mass destruction 
     capabilities;
       ``(I) in coordination with the Office of Health Security, 
     support components of the Department, and Federal, State, 
     local, Tribal, and territorial partners on chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats health matters;
       ``(J) provide expertise on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats to Department and Federal partners 
     to support engagements and efforts with international 
     partners subject to the research, development, testing, and 
     evaluation coordination requirement under subparagraph (G); 
     and
       ``(K) carry out any other duties assigned to the Office by 
     the Secretary.
       ``(2) Detection and reporting.--For purposes of the 
     detection and reporting responsibilities of the Office for 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     the Office shall--
       ``(A) in coordination with end users, including State, 
     local, Tribal, and territorial partners, as appropriate--
       ``(i) carry out a program to test and evaluate technology, 
     in consultation with the Science and Technology Directorate, 
     to detect and report on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material, in 
     coordination with other Federal agencies, as appropriate, and 
     establish performance metrics to evaluate the effectiveness 
     of individual detectors and detection systems in detecting 
     those weapons or material--

       ``(I) under realistic operational and environmental 
     conditions; and
       ``(II) against realistic adversary tactics and 
     countermeasures;

       ``(B) in coordination with end users, conduct, support, 
     coordinate, and encourage a transformational program of 
     research and development to generate and improve technologies 
     to detect, protect against, and report on the illicit entry, 
     transport, assembly, or potential use within the United 
     States of weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats weapons or unauthorized material, and coordinate with 
     the Under Secretary for Science and Technology on research 
     and development efforts relevant to the mission of the Office 
     and the Under Secretary for Science and Technology;
       ``(C) before carrying out operational testing under 
     subparagraph (A), develop a testing and evaluation plan that 
     articulates the requirements for the user and describes how 
     these capability needs will be tested in developmental test 
     and evaluation and operational test and evaluation;
       ``(D) as appropriate, develop, acquire, and deploy 
     equipment to detect and report on weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material in 
     support of Federal, State, local, Tribal, and territorial 
     governments;
       ``(E) support and enhance the effective sharing and use of 
     appropriate information on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats and related emerging issues 
     generated by elements of the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)), law enforcement agencies, other Federal 
     agencies, State, local, Tribal, and territorial governments, 
     and foreign governments, as well as provide appropriate 
     information to those entities;
       ``(F) consult, as appropriate, with the Federal Emergency 
     Management Agency and other departmental components, on 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats and 
     efforts to mitigate, prepare, and respond to all threats in 
     support of the State, local, and Tribal communities; and
       ``(G) perform other duties as assigned by the Secretary.'';
       (C) in subsection (b), as so redesignated--
       (i) in the subsection heading, by striking ``Mission'' and 
     inserting ``Radiological and Nuclear Responsibilities'';
       (ii) in paragraph (1)--

       (I) by inserting ``deploy,'' after ``acquire,''; and
       (II) by striking ``deployment'' and inserting 
     ``operations'';

       (iii) by striking paragraphs (6) through (10);

[[Page S5874]]

       (iv) redesignating paragraphs (11) and (12) as paragraphs 
     (6) and (7), respectively;
       (v) in paragraph (6)(B), as so redesignated, by striking 
     ``national strategic five-year plan referred to in paragraph 
     (10)'' and inserting ``United States national technical 
     nuclear forensics strategic planning'';
       (vi) in paragraph (7)(C)(v), as so redesignated--

       (I) in the matter preceding subclause (I), by inserting 
     ``except as otherwise provided,'' before ``require''; and
       (II) in subclause (II)--

       (aa) in the matter preceding item (aa), by striking ``death 
     or disability'' and inserting ``death, disability, or a 
     finding of good cause as determined by the Assistant 
     Secretary (including extreme hardship, extreme need, or the 
     needs of the Office) and for which the Assistant Secretary 
     may grant a waiver of the repayment obligation''; and
       (bb) in item (bb), by adding ``and'' at the end;
       (vii) by striking paragraph (13); and
       (viii) by redesignating paragraph (14) as paragraph (8); 
     and
       (D) by inserting after subsection (b), as so redesignated, 
     the following:
       ``(c) Chemical and Biological Responsibilities.--The 
     Office--
       ``(1) shall be responsible for coordinating with other 
     Federal efforts to enhance the ability of Federal, State, 
     local, and Tribal governments to prevent, detect, protect 
     against, and mitigate the impacts of chemical and biological 
     threats against the United States; and
       ``(2) shall--
       ``(A) serve as a primary entity of the Federal Government 
     to further develop, acquire, deploy, and support the 
     operations of a national biosurveillance system in support of 
     Federal, State, local, Tribal, and territorial governments, 
     and improve that system over time;
       ``(B) enhance the chemical and biological detection efforts 
     of Federal, State, local, Tribal, and territorial governments 
     and provide guidance, tools, and training to help ensure a 
     managed, coordinated response; and
       ``(C) collaborate with the Biomedical Advanced Research and 
     Development Authority, the Office of Health Security, the 
     Defense Advanced Research Projects Agency, and the National 
     Aeronautics and Space Administration, and other relevant 
     Federal stakeholders, and receive input from industry, 
     academia, and the national laboratories on chemical and 
     biological surveillance efforts.'';
       (5) in section 1924 (6 U.S.C. 593), by striking ``section 
     11011 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and 
     inserting ``section 4092 of title 10, United States Code, 
     except that the authority shall be limited to facilitate the 
     recruitment of experts in the chemical, biological, 
     radiological, or nuclear specialties.'';
       (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
       (A) in clause (i), by striking ``required under section 
     1036 of the National Defense Authorization Act for Fiscal 
     Year 2010'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) includes any other information regarding national 
     technical nuclear forensics activities carried out under 
     section 1923.'';
       (7) in section 1928 (6 U.S.C. 596b)--
       (A) in subsection (a), by striking ``high-risk urban 
     areas'' and inserting ``jurisdictions designated under 
     subsection (c)'';
       (B) in subsection (c)(1), by striking ``from among high-
     risk urban areas under section 2003'' and inserting ``based 
     on the capability and capacity of the jurisdiction, as well 
     as the relative threat, vulnerability, and consequences from 
     terrorist attacks and other high-consequence events utilizing 
     nuclear or other radiological materials''; and
       (C) by striking subsection (d) and inserting the following:
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary 
     shall submit to the appropriate congressional committees an 
     update on the STC program.''; and
       (8) by adding at the end the following:

     ``SEC. 1929. ACCOUNTABILITY.

       ``(a) Departmentwide Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, which should--
       ``(A) have clearly identified authorities, specified roles, 
     objectives, benchmarks, accountability, and timelines;
       ``(B) incorporate the perspectives of non-Federal and 
     private sector partners; and
       ``(C) articulate how the Department will contribute to 
     relevant national-level strategies and work with other 
     Federal agencies.
       ``(2) Consideration.--The Secretary shall appropriately 
     consider weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats when creating the strategy and implementation plan 
     required under paragraph (1).
       ``(3) Report.--The Office shall submit to the appropriate 
     congressional committees a report on the updated 
     Departmentwide strategy and implementation plan required 
     under paragraph (1).
       ``(b) Departmentwide Biodefense Review and Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary, 
     in consultation with appropriate stakeholders representing 
     Federal, State, Tribal, territorial, academic, private 
     sector, and nongovernmental entities, shall conduct a 
     Departmentwide review of biodefense activities and 
     strategies.
       ``(2) Review.--The review required under paragraph (1) 
     shall--
       ``(A) identify with specificity the biodefense lines of 
     effort of the Department, including relating to biodefense 
     roles, responsibilities, and capabilities of components and 
     offices of the Department;
       ``(B) assess how such components and offices coordinate 
     internally and with public and private partners in the 
     biodefense enterprise;
       ``(C) identify any policy, resource, capability, or other 
     gaps in the Department's ability to assess, prevent, protect 
     against, and respond to biological threats; and
       ``(D) identify any organizational changes or reforms 
     necessary for the Department to effectively execute its 
     biodefense mission and role, including with respect to public 
     and private partners in the biodefense enterprise.
       ``(3) Strategy.--Not later than 1 year after completion of 
     the review required under paragraph (1), the Secretary shall 
     issue a biodefense strategy for the Department that--
       ``(A) is informed by such review and is aligned with 
     section 1086 of the National Defense Authorization Act for 
     Fiscal Year 2017 (6 U.S.C. 104; relating to the development 
     of a national biodefense strategy and associated 
     implementation plan, including a review and assessment of 
     biodefense policies, practices, programs, and initiatives) or 
     any successor strategy; and
       ``(B) shall--
       ``(i) describe the biodefense mission and role of the 
     Department, as well as how such mission and role relates to 
     the biodefense lines of effort of the Department;
       ``(ii) clarify, as necessary, biodefense roles, 
     responsibilities, and capabilities of the components and 
     offices of the Department involved in the biodefense lines of 
     effort of the Department;
       ``(iii) establish how biodefense lines of effort of the 
     Department are to be coordinated within the Department;
       ``(iv) establish how the Department engages with public and 
     private partners in the biodefense enterprise, including 
     other Federal agencies, national laboratories and sites, and 
     State, local, Tribal, and territorial entities, with 
     specificity regarding the frequency and nature of such 
     engagement by Department components and offices with State, 
     local, Tribal and territorial entities; and
       ``(v) include information relating to--

       ``(I) milestones and performance metrics that are specific 
     to the biodefense mission and role of the Department 
     described in clause (i); and
       ``(II) implementation of any operational changes necessary 
     to carry out clauses (iii) and (iv).

       ``(4) Periodic update.--Beginning not later than 5 years 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), and not 
     less often than once every 5 years thereafter, the Secretary 
     shall review and update, as necessary, such strategy and 
     plans.
       ``(5) Congressional oversight.--Not later than 30 days 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     such strategy and plans.
       ``(c) Employee Morale.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the Office 
     shall submit to and brief the appropriate congressional 
     committees on a strategy and plan to continuously improve 
     morale within the Office.
       ``(d) Comptroller General.--Not later than 1 year after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Comptroller General of the United States shall conduct a 
     review of and brief the appropriate congressional committees 
     on--
       ``(1) the efforts of the Office to prioritize the programs 
     and activities that carry out the mission of the Office, 
     including research and development;
       ``(2) the consistency and effectiveness of stakeholder 
     coordination across the mission of the Department, including 
     operational and support components of the Department and 
     State and local entities; and
       ``(3) the efforts of the Office to manage and coordinate 
     the lifecycle of research and development within the Office 
     and with other components of the Department, including the 
     Science and Technology Directorate.
       ``(e) National Academies of Sciences, Engineering, and 
     Medicine.--
       ``(1) Study.--The Secretary shall enter into an agreement 
     with the National Academies of Sciences, Engineering, and 
     Medicine

[[Page S5875]]

     to conduct a consensus study and report to the Secretary and 
     the appropriate congressional committees on--
       ``(A) the role of the Department in preparing, detecting, 
     and responding to biological and health security threats to 
     the homeland;
       ``(B) recommendations to improve departmental 
     biosurveillance efforts against biological threats, including 
     any relevant biological detection methods and technologies; 
     and
       ``(C) the feasibility of different technological advances 
     for biodetection compared to the cost, risk reduction, and 
     timeliness of those advances.
       ``(2) Briefing.--Not later than 1 year after the date on 
     which the Secretary receives the report required under 
     paragraph (1), the Secretary shall brief the appropriate 
     congressional committees on--
       ``(A) the implementation of the recommendations included in 
     the report; and
       ``(B) the status of biological detection at the Department, 
     and, if applicable, timelines for the transition from 
     Biowatch to updated technology.
       ``(f) Advisory Council.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Secretary shall establish an advisory body to advise on the 
     ongoing coordination of the efforts of the Department to 
     counter weapons of mass destruction, to be known as the 
     Advisory Council for Countering Weapons of Mass Destruction 
     (in this subsection referred to as the `Advisory Council').
       ``(2) Membership.--The members of the Advisory Council 
     shall--
       ``(A) be appointed by the Assistant Secretary; and
       ``(B) to the extent practicable, represent a geographic 
     (including urban and rural) and substantive cross section of 
     officials, from State, local, and Tribal governments, 
     academia, the private sector, national laboratories, and 
     nongovernmental organizations, including, as appropriate--
       ``(i) members selected from the emergency management field 
     and emergency response providers;
       ``(ii) State, local, and Tribal government officials;
       ``(iii) experts in the public and private sectors with 
     expertise in chemical, biological, radiological, and nuclear 
     agents and weapons;
       ``(iv) representatives from the national laboratories; and
       ``(v) such other individuals as the Assistant Secretary 
     determines to be appropriate.
       ``(3) Responsibilities.-- The Advisory Council shall--
       ``(A) advise the Assistant Secretary on all aspects of 
     countering weapons of mass destruction;
       ``(B) incorporate State, local, and Tribal government, 
     national laboratories, and private sector input in the 
     development of the strategy and implementation plan of the 
     Department for countering weapons of mass destruction; and
       ``(C) establish performance criteria for a national 
     biological detection system and review the testing protocol 
     for biological detection prototypes.
       ``(4) Consultation.--To ensure input from and coordination 
     with State, local, and Tribal governments, the Assistant 
     Secretary shall regularly consult and work with the Advisory 
     Council on the administration of Federal assistance provided 
     by the Department, including with respect to the development 
     of requirements for countering weapons of mass destruction 
     programs, as appropriate.
       ``(5) Voluntary service.--The members of the Advisory 
     Council shall serve on the Advisory Council on a voluntary 
     basis.
       ``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Advisory Council.''.
       (b) Countering Weapons of Mass Destruction Act of 2018.--
     Section 2 of the Countering Weapons of Mass Destruction Act 
     of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
       (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
     ``1927'' and inserting ``1926''; and
       (2) in subsection (g) (6 U.S.C. 591 note)--
       (A) in the matter preceding paragraph (1), by striking 
     ``one year after the date of the enactment of this Act, and 
     annually thereafter,'' and inserting ``June 30 of each 
     year,''; and
       (B) in paragraph (2), by striking ``Security, including 
     research and development activities'' and inserting 
     ``Security''.
       (c) Security and Accountability for Every Port Act of 
     2006.--The Security and Accountability for Every Port Act of 
     2006 (6 U.S.C. 901 et seq.) is amended--
       (1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by 
     striking the item relating to section 502; and
       (2) by striking section 502 (6 U.S.C. 592a).

     SEC. 5102. RULE OF CONSTRUCTION.

       Nothing in this title or the amendments made by this title 
     shall be construed to affect or diminish the authorities or 
     responsibilities of the Under Secretary for Science and 
     Technology.

                  TITLE II--OFFICE OF HEALTH SECURITY

     SEC. 5201. OFFICE OF HEALTH SECURITY.

       (a) Establishment.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) in section 103 (6 U.S.C. 113)--
       (A) in subsection (a)(2)--
       (i) by striking ``the Assistant Secretary for Health 
     Affairs,''; and
       (ii) by striking ``Affairs, or'' and inserting ``Affairs 
     or''; and
       (B) in subsection (d), by adding at the end the following:
       ``(6) A Chief Medical Officer.'';
       (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

       (3) by redesignating section 1931 (6 U.S.C. 597) as section 
     2301 and transferring such section to appear after the 
     heading for title XXIII, as added by paragraph (2); and
       (4) in section 2301, as so redesignated--
       (A) in the section heading, by striking ``chief medical 
     officer'' and inserting ``office of health security'';
       (B) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--There is established in the Department 
     an Office of Health Security.
       ``(b) Head of Office of Health Security.--The Office of 
     Health Security shall be headed by a chief medical officer, 
     who shall--
       ``(1) be the Assistant Secretary for Health Security and 
     the Chief Medical Officer of the Department;
       ``(2) be a licensed physician possessing a demonstrated 
     ability in and knowledge of medicine and public health;
       ``(3) be appointed by the President; and
       ``(4) report directly to the Secretary.'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters'' and inserting 
     ``oversight of all medical, public health, and workforce 
     health and safety matters of the Department'';
       (ii) in paragraph (1), by striking ``, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials'' and inserting 
     ``and all other Department officials'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (13); and
       (v) by inserting after paragraph (4) the following:
       ``(5) overseeing all medical and public health activities 
     of the Department, including the delivery, advisement, and 
     oversight of direct patient care and the organization, 
     management, and staffing of component operations that deliver 
     direct patient care;
       ``(6) advising the head of each component of the Department 
     that delivers direct patient care regarding the recruitment 
     and appointment of a component chief medical officer and 
     deputy chief medical officer or the employee who functions in 
     the capacity of chief medical officer and deputy chief 
     medical officer;
       ``(7) advising the Secretary and the head of each component 
     of the Department that delivers direct patient care regarding 
     knowledge and skill standards for medical personnel and the 
     assessment of that knowledge and skill;
       ``(8) advising the Secretary and the head of each component 
     of the Department that delivers patient care regarding the 
     collection, storage, and oversight of medical records;
       ``(9) with respect to any psychological health counseling 
     or assistance program of the Department, including such a 
     program of a law enforcement, operational, or support 
     component of the Department, advising the head of each such 
     component with such a program regarding--
       ``(A) ensuring such program includes safeguards against 
     adverse action, including automatic referrals for a fitness 
     for duty examination, by such component with respect to any 
     employee solely because such employee self-identifies a need 
     for psychological health counseling or assistance or receives 
     such counseling or assistance;
       ``(B) increasing the availability and number of local 
     psychological health professionals with experience providing 
     psychological support services to personnel;
       ``(C) establishing a behavioral health curriculum for 
     employees at the beginning of their careers to provide 
     resources early regarding the importance of psychological 
     health;
       ``(D) establishing periodic management training on crisis 
     intervention and such component's psychological health 
     counseling or assistance program;
       ``(E) improving any associated existing employee peer 
     support programs, including by making additional training and 
     resources available for peer support personnel in the 
     workplace across such component;
       ``(F) developing and implementing a voluntary alcohol 
     treatment program that includes a safe harbor for employees 
     who seek treatment;
       ``(G) including, when appropriate, collaborating and 
     partnering with key employee stakeholders and, for those 
     components with employees with an exclusive representative, 
     the exclusive representative with respect to such a program;
       ``(10) in consultation with the Chief Information Officer 
     of the Department--
       ``(A) identifying methods and technologies for managing, 
     updating, and overseeing patient records; and
       ``(B) setting standards for technology used by the 
     components of the Department regarding the collection, 
     storage, and oversight of medical records;
       ``(11) advising the Secretary and the head of each 
     component of the Department that

[[Page S5876]]

     delivers direct patient care regarding contracts for the 
     delivery of direct patient care, other medical services, and 
     medical supplies;
       ``(12) coordinating with the Countering Weapons of Mass 
     Destruction Office and other components of the Department as 
     directed by the Secretary to enhance the ability of Federal, 
     State, local, Tribal, and territorial governments to prevent, 
     detect, protect against, and mitigate the health effects of 
     chemical, biological, radiological, and nuclear issues; 
     and''; and
       (D) by adding at the end the following:
       ``(d) Assistance and Agreements.--The Secretary, acting 
     through the Chief Medical Officer, in support of the medical 
     and public health activities of the Department, may--
       ``(1) provide technical assistance, training, and 
     information and distribute funds through grants and 
     cooperative agreements to State, local, Tribal, and 
     territorial governments and nongovernmental organizations;
       ``(2) enter into other transactions;
       ``(3) enter into agreements with other Federal agencies; 
     and
       ``(4) accept services from personnel of components of the 
     Department and other Federal agencies on a reimbursable or 
     nonreimbursable basis.
       ``(e) Office of Health Security Privacy Officer.--There 
     shall be a Privacy Officer in the Office of Health Security 
     with primary responsibility for privacy policy and compliance 
     within the Office, who shall--
       ``(1) report directly to the Chief Medical Officer; and
       ``(2) ensure privacy protections are integrated into all 
     Office of Health Security activities, subject to the review 
     and approval of the Privacy Officer of the Department to the 
     extent consistent with the authority of the Privacy Officer 
     of the Department under section 222.
       ``(f) Accountability.--
       ``(1) Strategy and implementation plan.--Not later than 180 
     days after the date of enactment of this section, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to address health threats.
       ``(2) Briefing.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall brief the 
     appropriate congressional committees on the organizational 
     transformations of the Office of Health Security, including 
     how best practices were used in the creation of the Office of 
     Health Security.'';
       (5) by redesignating section 710 (6 U.S.C. 350) as section 
     2302 and transferring such section to appear after section 
     2301, as so redesignated;
       (6) in section 2302, as so redesignated--
       (A) in the section heading, by striking ``medical support'' 
     and inserting ``safety'';
       (B) in subsection (a), by striking ``Under Secretary for 
     Management'' each place that term appears and inserting 
     ``Chief Medical Officer''; and
       (C) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Management, in coordination with the 
     Chief Medical Officer,'' and inserting ``Chief Medical 
     Officer''; and
       (ii) in paragraph (3), by striking ``as deemed appropriate 
     by the Under Secretary,'';
       (7) by redesignating section 528 (6 U.S.C. 321q) as section 
     2303 and transferring such section to appear after section 
     2302, as so redesignated; and
       (8) in section 2303(a), as so redesignated, by striking 
     ``Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office'' and inserting ``Chief Medical Officer''.
       (b) Transition and Transfers.--
       (1) Transition.--The individual appointed pursuant to 
     section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
     597) of the Department of Homeland Security, as in effect on 
     the day before the date of enactment of this Act, and serving 
     as the Chief Medical Officer of the Department of Homeland 
     Security on the day before the date of enactment of this Act, 
     shall continue to serve as the Chief Medical Officer of the 
     Department on and after the date of enactment of this Act 
     without the need for reappointment.
       (2) Rule of construction.--The rule of construction 
     described in section 2(hh) of the Presidential Appointment 
     Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note) 
     shall not apply to the Chief Medical Officer of the 
     Department of Homeland Security, including the incumbent who 
     holds the position on the day before the date of enactment of 
     this Act, and such officer shall be paid pursuant to section 
     3132(a)(2) or 5315 of title 5, United States Code.
       (3) Transfer.--The Secretary of Homeland Security shall 
     transfer to the Chief Medical Officer of the Department of 
     Homeland Security--
       (A) all functions, personnel, budget authority, and assets 
     of the Under Secretary for Management relating to workforce 
     health and safety, as in existence on the day before the date 
     of enactment of this Act;
       (B) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office relating to the Chief Medical Officer, 
     including the Medical Operations Directorate of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the date of enactment of this 
     Act; and
       (C) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office associated with the efforts pertaining to 
     the program coordination activities relating to defending the 
     food, agriculture, and veterinary defenses of the Office, as 
     in existence on the day before the date of enactment of this 
     Act.

     SEC. 5202. MEDICAL COUNTERMEASURES PROGRAM.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by redesignating section 1932 (6 U.S.C. 597a) as 
     section 2304 and transferring such section to appear after 
     section 2303, as so redesignated by section 5201 of this 
     division.

     SEC. 5203. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       Title XXIII of the Homeland Security Act of 2002, as added 
     by this division, is amended by adding at the end the 
     following:

     ``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) Definitions.--In this section:
       ``(1) Health care provider.--The term `health care 
     provider' means an individual who--
       ``(A) is--
       ``(i) an employee of the Department;
       ``(ii) a detailee to the Department from another Federal 
     agency;
       ``(iii) a personal services contractor of the Department; 
     or
       ``(iv) hired under a contract for services;
       ``(B) performs health care services as part of duties of 
     the individual in that capacity; and
       ``(C) has a current, valid, and unrestricted license or 
     certification--
       ``(i) that is issued by a State, the District of Columbia, 
     or a commonwealth, territory, or possession of the United 
     States; and
       ``(ii) that is for the practice of medicine, osteopathic 
     medicine, dentistry, nursing, emergency medical services, or 
     another health profession.
       ``(2) Medical quality assurance program.--The term `medical 
     quality assurance program' means any activity carried out by 
     the Department to assess the quality of medical care, 
     including activities conducted by individuals, committees, or 
     other review bodies responsible for quality assurance, 
     credentials, infection control, incident reporting, the 
     delivery, advisement, and oversight of direct patient care 
     and assessment (including treatment procedures, blood, drugs, 
     and therapeutics), medical records, health resources 
     management review, and identification and prevention of 
     medical, mental health, or dental incidents and risks.
       ``(3) Medical quality assurance record of the department.--
     The term `medical quality assurance record of the Department' 
     means all information, including the proceedings, records 
     (including patient records that the Department creates and 
     maintains as part of a system of records), minutes, and 
     reports that--
       ``(A) emanate from quality assurance program activities 
     described in paragraph (2); and
       ``(B) are produced or compiled by the Department as part of 
     a medical quality assurance program.
       ``(b) Confidentiality of Records.--A medical quality 
     assurance record of the Department that is created as part of 
     a medical quality assurance program--
       ``(1) is confidential and privileged; and
       ``(2) except as provided in subsection (d), may not be 
     disclosed to any person or entity.
       ``(c) Prohibition on Disclosure and Testimony.--Except as 
     otherwise provided in this section--
       ``(1) no part of any medical quality assurance record of 
     the Department may be subject to discovery or admitted into 
     evidence in any judicial or administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record of the Department or who 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record of the Department may not be 
     permitted or required to testify in any judicial or 
     administrative proceeding with respect to the record or with 
     respect to any finding, recommendation, evaluation, opinion, 
     or action taken by that individual in connection with the 
     record.
       ``(d) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record of the Department may be disclosed, 
     and a person described in subsection (c)(2) may give 
     testimony in connection with the record, only as follows:
       ``(A) To a Federal agency or private organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the Federal agency or private 
     organization to--
       ``(i) perform licensing or accreditation functions related 
     to Department health care facilities, a facility affiliated 
     with the Department, or any other location authorized by the 
     Secretary for the performance of health care services; or
       ``(ii) perform monitoring, required by law, of Department 
     health care facilities, a facility affiliated with the 
     Department, or any other location authorized by the Secretary 
     for the performance of health care services.
       ``(B) To an administrative or judicial proceeding 
     concerning an adverse action related to the credentialing of 
     or health care provided by a present or former health care 
     provider by the Department.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if the 
     medical quality assurance record of the Department or 
     testimony is

[[Page S5877]]

     needed by the board, agency, society, or organization to 
     perform licensing, credentialing, or the monitoring of 
     professional standards with respect to any health care 
     provider who is or was a health care provider for the 
     Department.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if the medical quality 
     assurance record of the Department or testimony is needed by 
     the institution to assess the professional qualifications of 
     any health care provider who is or was a health care provider 
     for the Department and who has applied for or been granted 
     authority or employment to provide health care services in or 
     on behalf of the institution.
       ``(E) To an employee, a detailee, or a contractor of the 
     Department who has a need for the medical quality assurance 
     record of the Department or testimony to perform official 
     duties or duties within the scope of their contract.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of the agency or instrumentality makes a 
     written request that the medical quality assurance record of 
     the Department or testimony be provided for a purpose 
     authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality described in subparagraph (F), but only with 
     respect to the subject of the proceeding.
       ``(2) Personally identifiable information.--
       ``(A) In general.--With the exception of the subject of a 
     quality assurance action, personally identifiable information 
     of any person receiving health care services from the 
     Department or of any other person associated with the 
     Department for purposes of a medical quality assurance 
     program that is disclosed in a medical quality assurance 
     record of the Department shall be deleted from that record 
     before any disclosure of the record is made outside the 
     Department.
       ``(B) Application.--The requirement under subparagraph (A) 
     shall not apply to the release of information that is 
     permissible under section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(e) Disclosure for Certain Purposes.--Nothing in this 
     section shall be construed--
       ``(1) to authorize or require the withholding from any 
     person or entity aggregate statistical information regarding 
     the results of medical quality assurance programs; or
       ``(2) to authorize the withholding of any medical quality 
     assurance record of the Department from a committee of either 
     House of Congress, any joint committee of Congress, or the 
     Comptroller General of the United States if the record 
     pertains to any matter within their respective jurisdictions.
       ``(f) Prohibition on Disclosure of Information, Record, or 
     Testimony.--A person or entity having possession of or access 
     to a medical quality assurance record of the Department or 
     testimony described in this section may not disclose the 
     contents of the record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(g) Exemption From Freedom of Information Act.--A medical 
     quality assurance record of the Department shall be exempt 
     from disclosure under section 552(b)(3) of title 5, United 
     States Code (commonly known as the `Freedom of Information 
     Act').
       ``(h) Limitation on Civil Liability.--A person who 
     participates in the review or creation of, or provides 
     information to a person or body that reviews or creates, a 
     medical quality assurance record of the Department shall not 
     be civilly liable for that participation or for providing 
     that information if the participation or provision of 
     information was provided in good faith based on prevailing 
     professional standards at the time the medical quality 
     assurance program activity took place.
       ``(i) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including the medical record of a patient, on the grounds 
     that the information was presented during meetings of a 
     review body that are part of a medical quality assurance 
     program.
       ``(j) Penalty.--Any person who willfully discloses a 
     medical quality assurance record of the Department other than 
     as provided in this section, knowing that the record is a 
     medical quality assurance record of the Department shall be 
     fined not more than $3,000 in the case of a first offense and 
     not more than $20,000 in the case of a subsequent offense.
       ``(k) Relationship to Coast Guard.--The requirements of 
     this section shall not apply to any medical quality assurance 
     record of the Department that is created by or for the Coast 
     Guard as part of a medical quality assurance program.''.

     SEC. 5204. PORTABILITY OF LICENSURE.

       (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320 
     note) is redesignated as section 2306 of the Homeland 
     Security Act of 2002 and transferred so as to appear after 
     section 2305, as added by section 5203 of this division.
       (b) Repeal.--Section 2306 of the Homeland Security Act of 
     2002, as so redesignated by subsection (a), is amended by 
     striking subsection (c).

     SEC. 5205. TECHNICAL AND CONFORMING AMENDMENTS.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (1) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135)--
       (A) by striking the items relating to sections 528 and 529 
     and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
       (B) by striking the items relating to sections 710, 711, 
     712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
       (C) by inserting after the item relating to section 1928 
     the following:

``Sec. 1929. Accountability.'';
       (D) by striking the items relating to subtitle C of title 
     XIX and sections 1931 and 1932; and
       (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
              related to food, agriculture, and veterinary defense 
              against terrorism.
``Sec. 2304. Medical countermeasures.
``Sec. 2305. Confidentiality of medical quality assurance records.
``Sec. 2306. Portability of licensure.'';
       (2) by redesignating section 529 (6 U.S.C. 321r) as section 
     528;
       (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
     ``section 711(a)'' and inserting ``section 710(a))'';
       (4) by redesignating sections 711, 712, and 713 as sections 
     710, 711, and 712, respectively;
       (5) in section 1923(d)(3) (6 U.S.C. 592(d)(3))--
       (A) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (B) by striking ``Hawaiian native-serving'' and inserting 
     `` `Native Hawaiian-serving'';
       (6) by striking the subtitle heading for subtitle C of 
     title XIX;
       (7) in section 2306, as so redesignated by section 5204 of 
     this division--
       (A) by inserting ``portability of licensure.'' after 
     ``2306.''; and
       (B) in subsection (a), by striking ``(a) Notwithstanding'' 
     and inserting the following:
       ``(a) In General.--Notwithstanding''.
                                 ______
                                 
  SA 6348. Mr. MENENDEZ (for himself, Mr. Schumer, Mr. Blumenthal, Mrs. 
Gillibrand, Mr. Booker, and 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 appropriate place, insert the following:

     SEC. _____. FAIRNESS FOR 9/11 FAMILIES.

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

       ``(I) In general.--The Special Master shall authorize lump 
     sum catch-up payments in amounts equal to the amounts 
     described in subclauses (I), (II), and (III) of clause (iii).
       ``(II) Appropriations.--

       ``(aa) In general.--There are authorized to be appropriated 
     and there are appropriated to the Fund such sums as are 
     necessary to carry out this clause, to remain available until 
     expended.
       ``(bb) Limitation.--Amounts appropriated pursuant to item 
     (aa) may not be used for a purpose other than to make lump 
     sum catch-up payments under this clause.''.
       (b) Emergency Designation.--
       (1) In general.--The amounts provided under the amendments 
     made by subsection (a) are designated as an emergency 
     requirement pursuant to section 4(g) of the Statutory Pay-As-
     You-Go Act of 2010 (2 U.S.C. 933(g)).
       (2) Designation in the senate and the house.--The 
     amendments made by subsection (a) are designated as an 
     emergency requirement pursuant to subsections (a) and (b) of 
     section 4001 of S. Con. Res. 14 (117th Congress), the 
     concurrent resolution on the budget for fiscal year 2022.
       (c) Rescission.--Of the unobligated balances of amounts 
     made available under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'', 
     for carrying out paragraphs (36) and (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are 
     hereby rescinded.
                                 ______
                                 
  SA 6349. Mr. CASEY (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for

[[Page S5878]]

himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to 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 __--PREGNANT WORKERS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Pregnant Workers Fairness 
     Act''.

     SEC. __2. DEFINITIONS.

       As used in this title--
       (1) the term ``Commission'' means the Equal Employment 
     Opportunity Commission;
       (2) the term ``covered entity''--
       (A) has the meaning given the term ``respondent'' in 
     section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e(n)); and
       (B) includes--
       (i) an employer, which means a person engaged in industry 
     affecting commerce who has 15 or more employees as defined in 
     section 701(b) of title VII of the Civil Rights Act of 1964 
     (42 U.S.C. 2000e(b));
       (ii) an employing office, as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301) and 
     section 411(c) of title 3, United States Code;
       (iii) an entity employing a State employee described in 
     section 304(a) of the Government Employee Rights Act of 1991 
     (42 U.S.C. 2000e-16c(a)); and
       (iv) an entity to which section 717(a) of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000e-16(a)) applies;
       (3) the term ``employee'' means--
       (A) an employee (including an applicant), as defined in 
     section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e(f));
       (B) a covered employee (including an applicant), as defined 
     in section 101 of the Congressional Accountability Act of 
     1995 (2 U.S.C. 1301), and an individual described in section 
     201(d) of that Act (2 U.S.C. 1311(d));
       (C) a covered employee (including an applicant), as defined 
     in section 411(c) of title 3, United States Code;
       (D) a State employee (including an applicant) described in 
     section 304(a) of the Government Employee Rights Act of 1991 
     (42 U.S.C. 2000e-16c(a)); or
       (E) an employee (including an applicant) to which section 
     717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
     16(a)) applies;
       (4) the term ``person'' has the meaning given such term in 
     section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e(a));
       (5) the term ``known limitation'' means physical or mental 
     condition related to, affected by, or arising out of 
     pregnancy, childbirth, or related medical conditions that the 
     employee or employee's representative has communicated to the 
     employer whether or not such condition meets the definition 
     of disability specified in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102);
       (6) the term ``qualified employee'' means an employee or 
     applicant who, with or without reasonable accommodation, can 
     perform the essential functions of the employment position, 
     except that an employee or applicant shall be considered 
     qualified if--
       (A) any inability to perform an essential function is for a 
     temporary period;
       (B) the essential function could be performed in the near 
     future; and
       (C) the inability to perform the essential function can be 
     reasonably accommodated; and
       (7) the terms ``reasonable accommodation'' and ``undue 
     hardship'' have the meanings given such terms in section 101 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12111) and shall be construed as such terms are construed 
     under such Act and as set forth in the regulations required 
     by this title, including with regard to the interactive 
     process that will typically be used to determine an 
     appropriate reasonable accommodation.

     SEC. __3. NONDISCRIMINATION WITH REGARD TO REASONABLE 
                   ACCOMMODATIONS RELATED TO PREGNANCY.

       It shall be an unlawful employment practice for a covered 
     entity to--
       (1) not make reasonable accommodations to the known 
     limitations related to the pregnancy, childbirth, or related 
     medical conditions of a qualified employee, unless such 
     covered entity can demonstrate that the accommodation would 
     impose an undue hardship on the operation of the business of 
     such covered entity;
       (2) require a qualified employee affected by pregnancy, 
     childbirth, or related medical conditions to accept an 
     accommodation other than any reasonable accommodation arrived 
     at through the interactive process referred to in section 
     __2(7);
       (3) deny employment opportunities to a qualified employee 
     if such denial is based on the need of the covered entity to 
     make reasonable accommodations to the known limitations 
     related to the pregnancy, childbirth, or related medical 
     conditions of the qualified employee;
       (4) require a qualified employee to take leave, whether 
     paid or unpaid, if another reasonable accommodation can be 
     provided to the known limitations related to the pregnancy, 
     childbirth, or related medical conditions of the qualified 
     employee; or
       (5) take adverse action in terms, conditions, or privileges 
     of employment against a qualified employee on account of the 
     employee requesting or using a reasonable accommodation to 
     the known limitations related to the pregnancy, childbirth, 
     or related medical conditions of the employee.

     SEC. __4. REMEDIES AND ENFORCEMENT.

       (a) Employees Covered by Title VII of the Civil Rights Act 
     of 1964.--
       (1) In general.--The powers, remedies, and procedures 
     provided in sections 705, 706, 707, 709, 710, and 711 of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the 
     Commission, the Attorney General, or any person alleging a 
     violation of title VII of such Act (42 U.S.C. 2000e et seq.) 
     shall be the powers, remedies, and procedures this title 
     provides to the Commission, the Attorney General, or any 
     person, respectively, alleging an unlawful employment 
     practice in violation of this title against an employee 
     described in section __2(3)(A) except as provided in 
     paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this title provides to the 
     Commission, the Attorney General, or any person alleging such 
     practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this title provides to the Commission, the 
     Attorney General, or any person alleging such practice (not 
     an employment practice specifically excluded from coverage 
     under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
     1981a(a)(1))).
       (b) Employees Covered by Congressional Accountability Act 
     of 1995.--
       (1) In general.--The powers, remedies, and procedures 
     provided in the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) for the purposes of addressing 
     allegations of violations of section 201(a)(1) of such Act (2 
     U.S.C. 1311(a)(1)) shall be the powers, remedies, and 
     procedures this title provides to address an allegation of an 
     unlawful employment practice in violation of this title 
     against an employee described in section __2(3)(B), except as 
     provided in paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) for the purposes of 
     addressing allegations of such a violation shall be the 
     powers, remedies, and procedures this title provides to 
     address allegations of such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, for purposes of addressing allegations of 
     such a violation, shall be the powers, remedies, and 
     procedures this title provides to address any allegation of 
     such practice (not an employment practice specifically 
     excluded from coverage under section 1977A(a)(1) of the 
     Revised Statutes (42 U.S.C. 1981a(a)(1))).
       (c) Employees Covered by Chapter 5 of Title 3, United 
     States Code.--
       (1) In general.--The powers, remedies, and procedures 
     provided in chapter 5 of title 3, United States Code, to the 
     President, the Commission, the Merit Systems Protection 
     Board, or any person alleging a violation of section 
     411(a)(1) of such title shall be the powers, remedies, and 
     procedures this title provides to the President, the 
     Commission, the Board, or any person, respectively, alleging 
     an unlawful employment practice in violation of this title 
     against an employee described in section __2(3)(C), except as 
     provided in paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this title provides to the 
     President, the Commission, the Board, or any person alleging 
     such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this title provides to the President, the 
     Commission, the Board, or any person alleging such practice 
     (not an employment practice specifically excluded from 
     coverage under section 1977A(a)(1) of the Revised Statutes 
     (42 U.S.C. 1981a(a)(1))).
       (d) Employees Covered by Government Employee Rights Act of 
     1991.--
       (1) In general.--The powers, remedies, and procedures 
     provided in sections 302 and 304 of the Government Employee 
     Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the 
     Commission or any person alleging a violation of section 
     302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)) shall be 
     the powers, remedies, and procedures this title provides to 
     the Commission or any person, respectively, alleging an 
     unlawful employment practice in violation of this title 
     against an employee described in section __2(3)(D), except as 
     provided in paragraphs (2) and (3) of this subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies,

[[Page S5879]]

     and procedures this title provides to the Commission or any 
     person alleging such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this title provides to the Commission or any 
     person alleging such practice (not an employment practice 
     specifically excluded from coverage under section 1977A(a)(1) 
     of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
       (e) Employees Covered by Section 717 of the Civil Rights 
     Act of 1964.--
       (1) In general.--The powers, remedies, and procedures 
     provided in section 717 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e-16) to the Commission, the Attorney General, the 
     Librarian of Congress, or any person alleging a violation of 
     that section shall be the powers, remedies, and procedures 
     this title provides to the Commission, the Attorney General, 
     the Librarian of Congress, or any person, respectively, 
     alleging an unlawful employment practice in violation of this 
     title against an employee described in section __2(3)(E), 
     except as provided in paragraphs (2) and (3) of this 
     subsection.
       (2) Costs and fees.--The powers, remedies, and procedures 
     provided in subsections (b) and (c) of section 722 of the 
     Revised Statutes (42 U.S.C. 1988) shall be the powers, 
     remedies, and procedures this title provides to the 
     Commission, the Attorney General, the Librarian of Congress, 
     or any person alleging such practice.
       (3) Damages.--The powers, remedies, and procedures provided 
     in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
     including the limitations contained in subsection (b)(3) of 
     such section 1977A, shall be the powers, remedies, and 
     procedures this title provides to the Commission, the 
     Attorney General, the Librarian of Congress, or any person 
     alleging such practice (not an employment practice 
     specifically excluded from coverage under section 1977A(a)(1) 
     of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
       (f) Prohibition Against Retaliation.--
       (1) In general.--No person shall discriminate against any 
     employee because such employee has opposed any act or 
     practice made unlawful by this title or because such employee 
     made a charge, testified, assisted, or participated in any 
     manner in an investigation, proceeding, or hearing under this 
     title.
       (2) Prohibition against coercion.--It shall be unlawful to 
     coerce, intimidate, threaten, or interfere with any 
     individual in the exercise or enjoyment of, or on account of 
     such individual having exercised or enjoyed, or on account of 
     such individual having aided or encouraged any other 
     individual in the exercise or enjoyment of, any right granted 
     or protected by this title.
       (3) Remedy.--The remedies and procedures otherwise provided 
     for under this section shall be available to aggrieved 
     individuals with respect to violations of this subsection.
       (g) Limitation.--Notwithstanding subsections (a)(3), 
     (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment 
     practice involves the provision of a reasonable accommodation 
     pursuant to this title or regulations implementing this 
     title, damages may not be awarded under section 1977A of the 
     Revised Statutes (42 U.S.C. 1981a) if the covered entity 
     demonstrates good faith efforts, in consultation with the 
     employee with known limitations related to pregnancy, 
     childbirth, or related medical conditions who has informed 
     the covered entity that accommodation is needed, to identify 
     and make a reasonable accommodation that would provide such 
     employee with an equally effective opportunity and would not 
     cause an undue hardship on the operation of the covered 
     entity.

     SEC. __5. RULEMAKING.

       (a) EEOC Rulemaking.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall issue 
     regulations in an accessible format in accordance with 
     subchapter II of chapter 5 of title 5, United States Code, to 
     carry out this title. Such regulations shall provide examples 
     of reasonable accommodations addressing known limitations 
     related to pregnancy, childbirth, or related medical 
     conditions.
       (b) OCWR Rulemaking.--
       (1) In general.--Not later than 6 months after the 
     Commission issues regulations under subsection (a), the Board 
     (as defined in section 101 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1301)) shall (in 
     accordance with section 304 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1384)), issue 
     regulations to implement the provisions of this title made 
     applicable to employees described in section __2(3)(B), under 
     section __4(b).
       (2) Parallel with agency regulations.--The regulations 
     issued under paragraph (1) shall be the same as substantive 
     regulations issued by the Commission under subsection (a) 
     except to the extent that the Board may determine, for good 
     cause shown and stated together with the regulations issued 
     under paragraph (1) that a modification of such substantive 
     regulations would be more effective for the implementation of 
     the rights and protection under this title.

     SEC. __6. WAIVER OF STATE IMMUNITY.

       A State shall not be immune under the 11th Amendment to the 
     Constitution from an action in a Federal or State court of 
     competent jurisdiction for a violation of this title. In any 
     action against a State for a violation of this title, 
     remedies (including remedies both at law and in equity) are 
     available for such a violation to the same extent as such 
     remedies are available for such a violation in an action 
     against any public or private entity other than a State.

     SEC. __ 7. RELATIONSHIP TO OTHER LAWS.

       Nothing in this title shall be construed--
       (1) to invalidate or limit the powers, remedies, and 
     procedures under any Federal law or law of any State or 
     political subdivision of any State or jurisdiction that 
     provides greater or equal protection for individuals affected 
     by pregnancy, childbirth, or related medical conditions; or
       (2) by regulation or otherwise, to require an employer-
     sponsored health plan to pay for or cover any particular 
     item, procedure, or treatment or to affect any right or 
     remedy available under any other Federal, State, or local law 
     with respect to any such payment or coverage requirement.

     SEC. __8. SEVERABILITY.

       If any provision of this title or the application of that 
     provision to particular persons or circumstances is held 
     invalid or found to be unconstitutional, the remainder of 
     this title and the application of that provision to other 
     persons or circumstances shall not be affected.

     SEC. __9. EFFECTIVE DATE.

       This title shall take effect on the date that is 180 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 6350. Mr. HICKENLOOPER submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. ORBITAL SUSTAINABILITY AND REMEDIATION OF ORBITAL 
                   DEBRIS.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress makes the following findings:
       (A) The safety and sustainability of operations in low-
     Earth orbit and nearby orbits in outer space have become 
     increasingly endangered by a growing amount of orbital 
     debris.
       (B) Exploration and scientific research missions and 
     commercial space services of critical importance to the 
     United States rely on continued and secure access to outer 
     space.
       (C) Efforts by nongovernmental space entities to apply 
     lessons learned through standards and best practices will 
     benefit from government support for implementation both 
     domestically and internationally.
       (2) Sense of congress.--It is the sense of Congress that to 
     preserve the sustainability of operations in space, the 
     United States Government should--
       (A) to the extent practicable, develop and carry out 
     programs, establish or update regulations, and commence 
     initiatives to minimize orbital debris, including initiatives 
     to demonstrate active debris remediation of orbital debris 
     generated by the United States Government;
       (B) lead international efforts to encourage other 
     spacefaring countries to mitigate and remediate orbital 
     debris under their jurisdiction and control; and
       (C) encourage space system operators to continue 
     implementing best practices for space safety when deploying 
     satellites and constellations of satellites, such as 
     transparent data sharing and designing for system 
     reliability, so as to limit the generation of future orbital 
     debris.
       (b) Definitions.--In this section:
       (1) Active debris remediation.--The term ``active debris 
     remediation''--
       (A) means the deliberate process of facilitating the de-
     orbit, repurposing, or other disposal of orbital debris using 
     an object or technique that is external or internal to the 
     orbital debris; and
       (B) does not include de-orbit, repurposing, or other 
     disposal of orbital debris by passive means.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (B) the Committee on Appropriations and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.
       (4) Demonstration program.--The term ``demonstration 
     program'' means the active orbital debris remediation 
     demonstration program carried out under subsection (c)(2).
       (5) Eligible entity.--The term ``eligible entity'' means--
       (A) a United States-based--
       (i) non-Federal, commercial entity;
       (ii) institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))); or
       (iii) nonprofit organization;
       (B) any other United States-based entity the Administrator 
     considers appropriate; and

[[Page S5880]]

       (C) a partnership of entities described in subparagraphs 
     (A) and (B).
       (6) Orbital debris.--The term ``orbital debris'' means any 
     human-made space object orbiting Earth that--
       (A) no longer serves any useful purpose; and
       (B)(i) has reached the end of its mission; or
       (ii) is incapable of maneuver or operation.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (8) Space traffic coordination.--The term ``space traffic 
     coordination'' means the planning, coordination, and on-orbit 
     synchronization of activities to enhance the safety and 
     sustainability of operations in the space environment.
       (c) Active Debris Remediation.--
       (1) Prioritization of orbital debris.--
       (A) List.--Not later than 90 days after the date of the 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary, the Secretary of Defense, the National 
     Space Council, and representatives of the commercial space 
     industry, academia, and nonprofit organizations, shall 
     publish a list of identified orbital debris that pose the 
     greatest immediate risk to the safety and sustainability of 
     orbiting satellites and on-orbit activities.
       (B) Contents.--The list required under subparagraph (A)--
       (i) shall be developed using appropriate sources of data 
     and information derived from governmental and nongovernmental 
     sources, including space situational awareness data obtained 
     by the Office of Space Commerce, to the extent practicable;
       (ii) shall include, to the extent practicable--

       (I) a description of the approximate age, location in 
     orbit, size, tumbling state, post-mission passivation actions 
     taken, and national jurisdiction of each orbital debris 
     identified; and
       (II) a ranking of each orbital debris identified in terms 
     of potential risk and feasibility for safe remediation; and

       (iii) may include orbital debris that poses a significant 
     risk to terrestrial people and assets, including risk 
     resulting from potential environmental impacts from the 
     uncontrolled reentry of the orbital debris identified.
       (C) Form; public availability.--The list required under 
     subparagraph (A) shall be--
       (i) published in unclassified form;
       (ii) made available to the public on the internet website 
     of the National Aeronautics and Space Administration; and
       (iii) updated periodically.
       (D) Research and development.--With respect to orbital 
     debris identified under subparagraph (A) that is determined 
     by the Administrator, in consultation with the National Space 
     Council and the National Science and Technology Council, to 
     be ineligible for remediation due to characteristics, size, 
     or location in orbit that makes safe remediation infeasible, 
     the Administrator shall, to the extent practicable, carry out 
     the additional research and development activities necessary, 
     in consultation with the commercial space industry, to mature 
     technologies and enable potential future remediation missions 
     for such orbital debris.
       (2) Active orbital debris remediation demonstration 
     program.--
       (A) Establishment.--Subject to the availability of 
     appropriations, not later than 180 days after the date of the 
     enactment of this Act, the Administrator, in consultation 
     with the head of each relevant Federal department or agency, 
     shall establish a demonstration program to make competitive 
     awards for the remediation of orbital debris identified under 
     paragraph (1)(A).
       (B) Purpose.--The purpose of the demonstration program 
     shall be to enable eligible entities to pursue the phased 
     development and demonstration of technologies and processes 
     required for active debris remediation.
       (C) Procedures and criteria.--In establishing the 
     demonstration program, the Administrator shall--
       (i) establish--

       (I) eligibility criteria for participation;
       (II) a process for soliciting proposals from eligible 
     entities;
       (III) criteria for the contents of such proposals;
       (IV) program compliance and evaluation metrics; and
       (V) program phases and milestones;

       (ii) identify government-furnished data or equipment; and
       (iii) develop a plan for National Aeronautics and Space 
     Administration participation in technology development, as 
     appropriate, and intellectual property rights.
       (D) Proposal evaluation.--In evaluating proposals for the 
     demonstration program, the Administrator shall--
       (i) consider the safety, feasibility, cost, benefit, and 
     maturity of the proposed technology;
       (ii) consider the potential for the proposed demonstration 
     to successfully remediate orbital debris and to advance the 
     commercial state of the art with respect to active debris 
     remediation;
       (iii) carry out a risk analysis of the proposed technology 
     that takes into consideration the potential casualty risk to 
     humans in space or on the Earth's surface;
       (iv) in an appropriate setting, conduct thorough testing 
     and evaluation of the proposed technology and each component 
     of such technology or system of technologies; and
       (v) consider the technical and financial feasibility of 
     using the proposed technology to conduct multiple remediation 
     missions.
       (E) Demonstration mission.--
       (i) In general.--The Administrator shall consult with the 
     head of each relevant Federal department or agency in advance 
     of each demonstration mission.
       (ii) Active debris remediation demonstration mission.--It 
     is the sense of Congress that the Administrator should 
     consider not proceeding with an active debris remediation 
     demonstration mission until multiple award recipients have 
     demonstrated readiness to proceed.
       (iii) Spectrum considerations.--The Administrator shall 
     convey any potential spectrum allocations and licensing needs 
     for active debris remediation demonstration missions to the 
     Federal Communications Commission through the National 
     Telecommunications and Information Administration.
       (F) Reports.--
       (i) Recommendations.--Not later than 1 year after the date 
     of the enactment of this Act, the Administrator, in 
     consultation with the head of each relevant Federal 
     department or agency, shall submit to Congress a report that 
     provides legislative, regulatory, and policy recommendations 
     to improve the demonstration program and active debris 
     remediation missions, as applicable.
       (ii) Technical analysis.--

       (I) In general.--To inform decisions regarding the 
     acquisition of active debris remediation services by the 
     Federal Government, not later than 180 days after the 
     completion of the demonstration program, the Administrator 
     shall submit to Congress a report that--

       (aa) summarizes a technical analysis of technologies 
     developed under the demonstration program;
       (bb) identifies any technology gaps addressed by the 
     demonstration program and any remaining technology gaps; and
       (cc) provides, as applicable, any further legislative, 
     regulatory, and policy recommendations to enable active 
     debris remediation missions.

       (II) Availability.--The Administration shall make the 
     report submitted under subclause (I) available to the 
     Secretary, the Secretary of Defense, and other relevant 
     Federal departments and agencies, as determined by the 
     Administrator.

       (G) International cooperation.--
       (i) In general.--In carrying out the demonstration program, 
     the Administrator, in consultation with the National Space 
     Council and in collaboration with the Secretary of State, may 
     pursue a cooperative relationship with one or more partner 
     countries to enable the remediation of orbital debris 
     identified under paragraph (1)(A) that is under the 
     jurisdiction of such partner countries.
       (ii) Arrangement or agreement with partner country.--Any 
     arrangement or agreement entered into with a partner country 
     under clause (i) shall be--

       (I) concluded--

       (aa) in the interests of the United States Government; and
       (bb) without prejudice to any contractual arrangement among 
     commercial parties that may be required to complete the 
     active debris remediation mission concerned; and

       (II) consistent with the international obligations of the 
     United States under the international legal framework 
     governing outer space activities.

       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection $150,000,000 for fiscal years 2023 through 2027.
       (d) Active Debris Remediation Services.--
       (1) In general.--To foster the competitive development, 
     operation, improvement, and commercial availability of active 
     debris remediation services, and in consideration of the 
     economic analysis required by paragraph (2) and the reports 
     under subsection (c)(2)(F), the Administrator and the head of 
     each relevant Federal department or agency may acquire 
     services for the remediation of orbital debris, whenever 
     practicable, through fair and open competition for contracts 
     that are well-defined, milestone-based, and in accordance 
     with the Federal Acquisition Regulation.
       (2) Economic analysis.--Based on the results of the 
     demonstration program, the Secretary, acting through the 
     Office of Space Commerce, shall publish an assessment of the 
     estimated Federal Government and private sector demand for 
     orbital debris remediation services for the 10-year period 
     beginning in 2024.
       (e) Uniform Orbital Debris Standard Practices for United 
     States Space Activities.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the National Space Council, in 
     coordination with the Secretary, the Administrator of the 
     Federal Aviation Administration, the Secretary of Defense, 
     the Federal Communications Commission, and the Administrator, 
     shall initiate an update to the Orbital Debris Mitigation 
     Standard Practices that--
       (A) considers planned space systems, including satellite 
     constellations; and
       (B) addresses--
       (i) collision risk;
       (ii) casualty probability;
       (iii) post-mission disposal of space systems;
       (iv) time to disposal or de-orbit;

[[Page S5881]]

       (v) spacecraft collision avoidance and automated 
     identification capability; and
       (vi) the ability to track orbital debris of decreasing 
     size.
       (2) Consultation.--In developing the update under paragraph 
     (1), the National Space Council shall seek advice and input 
     on commercial standards and best practices from 
     representatives of the commercial space industry, academia, 
     and nonprofit organizations.
       (3) Publication.--Not later than 1 year after the date of 
     the enactment of this Act, such update shall be published in 
     the Federal Register and posted to the relevant Federal 
     Government websites.
       (4) Regulations.--To promote uniformity and avoid 
     duplication in the regulation of space activity, including 
     licensing by the Federal Aviation Administration, the 
     National Oceanic and Atmospheric Administration, and the 
     Federal Communications Commission, such update, after 
     publication, shall be used to inform the further development 
     and promulgation of Federal regulations relating to orbital 
     debris.
       (5) International promotion.--To encourage effective and 
     nondiscriminatory standards, best practices, rules, and 
     regulations implemented by other countries, such update shall 
     inform bilateral and multilateral discussions focused on the 
     authorization and continuing supervision of nongovernmental 
     space activities.
       (6) Review.--Not later than 5 years after the completion of 
     such update, and every 5 years thereafter, the Secretary, in 
     consultation with representatives of the commercial space 
     industry, academia, and nonprofit organizations, shall--
       (A) conduct a review of the Orbital Debris Mitigation 
     Standard Practices applicable to space systems; and
       (B) submit to the National Space Council recommendations 
     for modifications to such standard practices.
       (f) Standard Practices for Space Traffic Coordination.--
       (1) In general.--The Secretary, in coordination with 
     members of the National Space Council and the Federal 
     Communications Commission, shall facilitate the development 
     of standard practices for on-orbit space traffic coordination 
     based on guidelines and best practices used by Government and 
     commercial space industry operators.
       (2) Consultation.--In facilitating the development of 
     standard practices under paragraph (1), the Secretary, 
     through the Office of Space Commerce, shall engage in 
     frequent and routine consultation with representatives of the 
     commercial space industry, academia, and nonprofit 
     organizations.
       (3) Promotion of standard practices.--On completion of such 
     standard practices, the Secretary, the Secretary of State, 
     the Secretary of Transportation, the Administrator, and the 
     Secretary of Defense shall promote the adoption and use of 
     the standard practices for domestic and international space 
     missions.
                                 ______
                                 
  SA 6351. Mr. BENNET (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. __. EMERGING TECHNOLOGY LEADS.

       (a) Definitions.--In this section:
       (1) Covered individual.--The term ``covered individual'' 
     means--
       (A) an individual serving in a Senior Executive Service 
     position, as that term is defined in section 3132(a) of title 
     5, United States Code;
       (B) an individual who--
       (i) is serving in a position to which section 5376 of title 
     5, United States Code, applies; and
       (ii) has a significant amount of seniority and experience, 
     as determined by the head of the applicable covered Federal 
     agency; or
       (C) another individual who is the equivalent of an 
     individual described in subparagraph (A) or (B), as 
     determined by the head of the applicable covered Federal 
     agency.
       (2) Covered federal agency.--The term ``covered Federal 
     agency'' means--
       (A) an agency listed in section 901(b) of title 31, United 
     States Code; or
       (B) an element of the intelligence community, as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       (b) Appointment or Designation.--Each covered Federal 
     agency that is also substantially engaged in the development, 
     application, or oversight of emerging technologies shall 
     consider appointing or designating a covered individual as an 
     emerging technology lead to advise the agency on the 
     responsible use of emerging technologies, including 
     artificial intelligence, provide expertise on responsible 
     policies and practices, collaborate with interagency 
     coordinating bodies, and provide input for procurement 
     policies.
       (c) Informing Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall inform 
     Congress of each covered Federal agency in which a covered 
     individual has been appointed or designated as an emerging 
     technology lead under subsection (b) and provide Congress 
     with a description of the authorities and responsibilities of 
     the covered individuals so appointed.
                                 ______
                                 
  SA 6352. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe 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--COLORADO OUTDOOR RECREATION ECONOMY

                      TITLE L--DEFINITION OF STATE

     SEC. 5001. DEFINITION OF STATE.

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

                      TITLE LI--CONTINENTAL DIVIDE

     SEC. 5101. DEFINITIONS.

       In this title:
       (1) Covered area.--The term ``covered area'' means any area 
     designated as wilderness by the amendments to section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) made by section 5102(a).
       (2) Historic landscape.--The term ``Historic Landscape'' 
     means the Camp Hale National Historic Landscape designated by 
     section 5108(a).
       (3) Recreation management area.--The term ``Recreation 
     Management Area'' means the Tenmile Recreation Management 
     Area designated by section 5104(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) Wildlife conservation area.--The term ``Wildlife 
     Conservation Area'' means, as applicable--
       (A) the Porcupine Gulch Wildlife Conservation Area 
     designated by section 5105(a);
       (B) the Williams Fork Mountains Wildlife Conservation Area 
     designated by section 5106(a); and
       (C) the Spraddle Creek Wildlife Conservation Area 
     designated by section 5107(a).

     SEC. 5102. COLORADO WILDERNESS ADDITIONS.

       (a) Designation.--Section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is 
     amended--
       (1) in paragraph (18), by striking ``1993,'' and inserting 
     ``1993, and certain Federal land within the White River 
     National Forest that comprises approximately 6,896 acres, as 
     generally depicted as `Proposed Ptarmigan Peak Wilderness 
     Additions' on the map entitled `Proposed Ptarmigan Peak 
     Wilderness Additions' and dated June 24, 2019,''; and
       (2) by adding at the end the following:
       ``(23) Holy cross wilderness addition.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 3,866 acres, as generally depicted as `Proposed 
     Megan Dickie Wilderness Addition' on the map entitled `Holy 
     Cross Wilderness Addition Proposal' and dated June 24, 2019, 
     which shall be incorporated into, and managed as part of, the 
     Holy Cross Wilderness designated by section 102(a)(5) of 
     Public Law 96-560 (94 Stat. 3266).
       ``(24) Hoosier ridge wilderness.--Certain Federal land 
     within the White River National Forest that comprises 
     approximately 5,235 acres, as generally depicted as `Proposed 
     Hoosier Ridge Wilderness' on the map entitled `Tenmile 
     Proposal' and dated April 22, 2022, which shall be known as 
     the `Hoosier Ridge Wilderness'.
       ``(25) Tenmile wilderness.--Certain Federal land within the 
     White River National Forest that comprises approximately 
     7,624 acres, as generally depicted as `Proposed Tenmile 
     Wilderness' on the map entitled `Tenmile Proposal' and dated 
     April 22, 2022, which shall be known as the `Tenmile 
     Wilderness'.
       ``(26) Eagles nest wilderness additions.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 7,634 acres, as generally depicted as `Proposed 
     Freeman Creek Wilderness Addition' and `Proposed Spraddle 
     Creek Wilderness Addition' on the map entitled `Eagles Nest 
     Wilderness Additions Proposal' and dated April 26, 2022, 
     which shall be incorporated into, and managed as part of, the 
     Eagles Nest Wilderness designated by Public Law 94-352 (90 
     Stat. 870).''.
       (b) Applicable Law.--Any reference in the Wilderness Act 
     (16 U.S.C. 1131 et seq.) to the effective date of that Act 
     shall be considered to be a reference to the date of 
     enactment of this Act for purposes of administering a covered 
     area.
       (c) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary may carry out any activity in a covered area 
     that the Secretary determines to be necessary for the control 
     of fire, insects, and

[[Page S5882]]

     diseases, subject to such terms and conditions as the 
     Secretary determines to be appropriate.
       (d) Grazing.--The grazing of livestock on a covered area, 
     if established before the date of enactment of this Act, 
     shall be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary, in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in 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).
       (e) Coordination.--For purposes of administering the 
     Federal land designated as wilderness by paragraph (26) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by subsection 
     (a)(2)), the Secretary shall, as determined to be appropriate 
     for the protection of watersheds, coordinate the activities 
     of the Secretary in response to fires and flooding events 
     with interested State and local agencies.

     SEC. 5103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     in the White River National Forest in the State, comprising 
     approximately 8,036 acres, as generally depicted as 
     ``Proposed Williams Fork Mountains Wilderness'' on the map 
     entitled ``Williams Fork Mountains Proposal'' and dated June 
     24, 2019, is designated as a potential wilderness area.
       (b) Management.--Subject to valid existing rights and 
     except as provided in subsection (d), the potential 
     wilderness area designated by subsection (a) shall be managed 
     in accordance with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) this section.
       (c) Livestock Use of Vacant Allotments.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, in accordance with applicable laws 
     (including regulations), the Secretary shall publish a 
     determination regarding whether to authorize livestock 
     grazing or other use by livestock on the vacant allotments 
     known as--
       (A) the ``Big Hole Allotment''; and
       (B) the ``Blue Ridge Allotment''.
       (2) Modification of allotments.--In publishing a 
     determination pursuant to paragraph (1), the Secretary may 
     modify or combine the vacant allotments referred to in that 
     paragraph.
       (3) Permit or other authorization.--Not later than 1 year 
     after the date on which a determination of the Secretary to 
     authorize livestock grazing or other use by livestock is 
     published under paragraph (1), if applicable, the Secretary 
     shall grant a permit or other authorization for that 
     livestock grazing or other use in accordance with applicable 
     laws (including regulations).
       (d) Range Improvements.--
       (1) In general.--If the Secretary permits livestock grazing 
     or other use by livestock on the potential wilderness area 
     under subsection (c), the Secretary, or a third party 
     authorized by the Secretary, may use motorized or mechanized 
     transport or equipment for purposes of constructing or 
     rehabilitating such range improvements as are necessary to 
     obtain appropriate livestock management objectives (including 
     habitat and watershed restoration).
       (2) Termination of authority.--The authority provided by 
     this subsection terminates on the date that is 2 years after 
     the date on which the Secretary publishes a positive 
     determination under subsection (c)(3).
       (e) Designation as Wilderness.--
       (1) Designation.--The potential wilderness area designated 
     by subsection (a) shall be designated as wilderness, to be 
     known as the ``Williams Fork Mountains Wilderness''--
       (A) effective not earlier than the date that is 180 days 
     after the date of enactment this Act; and
       (B) on the earliest of--
       (i) the date on which the Secretary publishes in the 
     Federal Register a notice that the construction or 
     rehabilitation of range improvements under subsection (d) is 
     complete;
       (ii) the date described in subsection (d)(2); and
       (iii) the effective date of a determination of the 
     Secretary not to authorize livestock grazing or other use by 
     livestock under subsection (c)(1).
       (2) Administration.--Subject to valid existing rights, the 
     Secretary shall manage the Williams Fork Mountains Wilderness 
     in accordance with the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77), except that any 
     reference in that Act to the effective date of that Act shall 
     be considered to be a reference to the date on which the 
     Williams Fork Mountains Wilderness is designated in 
     accordance with paragraph (1).

     SEC. 5104. TENMILE RECREATION MANAGEMENT AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 17,120 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Tenmile Recreation Management Area'' on the map 
     entitled ``Tenmile Proposal'' and dated April 22, 2022, are 
     designated as the ``Tenmile Recreation Management Area''.
       (b) Purposes.--The purposes of the Recreation Management 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the 
     recreational, scenic, watershed, habitat, and ecological 
     resources of the Recreation Management Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Recreation 
     Management Area--
       (A) in a manner that conserves, protects, and enhances--
       (i) the purposes of the Recreation Management Area 
     described in subsection (b); and
       (ii) recreation opportunities, including mountain biking, 
     hiking, fishing, horseback riding, snowshoeing, climbing, 
     skiing, camping, and hunting; and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Recreation Management Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Vehicles.--
       (i) In general.--Except as provided in clause (iii), the 
     use of motorized vehicles in the Recreation Management Area 
     shall be limited to the roads, vehicle classes, and periods 
     authorized for motorized vehicle use on the date of enactment 
     of this Act.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii), no new or temporary road shall be constructed in the 
     Recreation Management Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

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

       (C) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Recreation Management Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Recreation Management Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Water.--
       (1) Effect on water management infrastructure.--Nothing in 
     this section affects the construction, repair, 
     reconstruction, replacement, operation, maintenance, or 
     renovation within the Recreation Management Area of--
       (A) water management infrastructure in existence on the 
     date of enactment of this Act; or
       (B) any future infrastructure necessary for the development 
     or exercise of water rights decreed before the date of 
     enactment of this Act.
       (2) Applicable law.--Section 3(e) of the James Peak 
     Wilderness and Protection Area Act (Public Law 107-216; 116 
     Stat. 1058) shall apply to the Recreation Management Area.
       (f) Permits.--Nothing in this section affects--
       (1) any permit held by a ski area or other entity; or
       (2) the implementation of associated activities or 
     facilities authorized by law or permit outside the boundaries 
     of the Recreation Management Area.

     SEC. 5105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 8,287 acres of Federal land located in the 
     White River National Forest, as generally depicted as 
     ``Proposed Porcupine Gulch Wildlife Conservation Area'' on 
     the map entitled ``Porcupine Gulch Wildlife Conservation Area 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Porcupine Gulch Wildlife Conservation Area'' (referred to 
     in this section as the ``Wildlife Conservation Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are--
       (1) to conserve and protect a wildlife migration corridor 
     over Interstate 70; and
       (2) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, and ecological resources of the 
     Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--

[[Page S5883]]

       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Recreation.--The Secretary may permit such recreational 
     activities in the Wildlife Conservation Area that the 
     Secretary determines are consistent with the purposes 
     described in subsection (b).
       (C) Motorized vehicles and mechanized transport; new or 
     temporary roads.--
       (i) Motorized vehicles and mechanized transport.--Except as 
     provided in clause (iii), the use of motorized vehicles and 
     mechanized transport in the Wildlife Conservation Area shall 
     be prohibited.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii) and subsection (e), no new or temporary road shall be 
     constructed within the Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

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

       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Wildlife Conservation Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Regional Transportation Projects.--Nothing in this 
     section or section 5111(f) precludes the Secretary from 
     authorizing, in accordance with applicable laws (including 
     regulations) and subject to valid existing rights, the use of 
     the subsurface of the Wildlife Conservation Area to 
     construct, realign, operate, or maintain regional 
     transportation projects, including Interstate 70 and the 
     Eisenhower-Johnson Tunnels.
       (f) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 5106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION 
                   AREA.

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

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

       (C) Bicycles.--The use of bicycles in the Wildlife 
     Conservation Area shall be limited to designated roads and 
     trails.
       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (E) Grazing.--The laws (including regulations) and policies 
     followed by the Secretary in issuing and administering 
     grazing permits or leases on land under the jurisdiction of 
     the Secretary shall continue to apply with regard to the land 
     in the Wildlife Conservation Area, consistent with the 
     purposes described in subsection (b).
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Wildlife Conservation Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 5107. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 2,674 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Spraddle Creek Wildlife Conservation Area'' on the 
     map entitled ``Eagles Nest Wilderness Additions Proposal'' 
     and dated April 26, 2022, are designated as the ``Spraddle 
     Creek Wildlife Conservation Area'' (referred to in this 
     section as the ``Wildlife Conservation Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, recreational, and ecological 
     resources of the Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this title.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Motorized vehicles and mechanized transport.--Except as 
     necessary for administrative purposes or to respond to an 
     emergency, the use of motorized vehicles and mechanized 
     transport in the Wildlife Conservation Area shall be 
     prohibited.
       (C) Roads.--
       (i) In general.--Except as provided in clause (ii), no road 
     shall be constructed in the Wildlife Conservation Area.
       (ii) Exceptions.--Nothing in clause (i) prevents the 
     Secretary from--

       (I) constructing a temporary road as the Secretary 
     determines to be necessary as a minimum requirement for 
     carrying out a vegetation management project in the Wildlife 
     Conservation Area; or
       (II) responding to an emergency.

       (iii) Decommissioning of temporary roads.--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 clause 
     (ii)(I) for the applicable vegetation management project.
       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized in the Wildlife 
     Conservation Area under this section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Wildlife Conservation Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 5108. CAMP HALE NATIONAL HISTORIC LANDSCAPE.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 28,197 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Camp Hale National Historic Landscape'' on the map 
     entitled ``Camp Hale National Historic Landscape Proposal'' 
     and dated April 22, 2022, are designated the ``Camp Hale 
     National Historic Landscape''.
       (b) Purposes.--The purposes of the Historic Landscape are--
       (1) to provide for--
       (A) the interpretation of historic events, activities, 
     structures, and artifacts of the Historic Landscape, 
     including with respect

[[Page S5884]]

     to the role of the Historic Landscape in local, national, and 
     world history;
       (B) the preservation of the historic resources of the 
     Historic Landscape, consistent with the other purposes of the 
     Historic Landscape;
       (C) recreational opportunities, with an emphasis on the 
     activities related to the historic use of the Historic 
     Landscape, including skiing, snowshoeing, snowmobiling, 
     hiking, horseback riding, climbing, other road- and trail-
     based activities, and other outdoor activities; and
       (D) the continued environmental remediation and removal of 
     unexploded ordnance at the Camp Hale Formerly Used Defense 
     Site and the Camp Hale historic cantonment area; and
       (2) to conserve, protect, restore, and enhance for the 
     benefit and enjoyment of present and future generations the 
     scenic, watershed, and ecological resources of the Historic 
     Landscape.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Historic 
     Landscape in accordance with--
       (A) the purposes of the Historic Landscape described in 
     subsection (b); and
       (B) any other applicable laws (including regulations).
       (2) Management plan.--
       (A) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall prepare a 
     management plan for the Historic Landscape.
       (B) Contents.--The management plan prepared under 
     subparagraph (A) shall include plans for--
       (i) improving the interpretation of historic events, 
     activities, structures, and artifacts of the Historic 
     Landscape, including with respect to the role of the Historic 
     Landscape in local, national, and world history;
       (ii) conducting historic preservation and veteran outreach 
     and engagement activities;
       (iii) managing recreational opportunities, including the 
     use and stewardship of--

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

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

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

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

     SEC. 5109. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.

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

     SEC. 5110. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS 
                   BOUNDARY ADJUSTMENT.

       (a) Purpose.--The purpose of this section is to provide for 
     the ongoing maintenance and use of portions of the Trail 
     River Ranch and the associated property located within Rocky 
     Mountain National Park in Grand County in the State.
       (b) Boundary Adjustment.--Section 1952(b) of the Omnibus 
     Public Land Management Act of 2009 (Public Law 111-11; 123 
     Stat. 1070) is amended by adding at the end the following:

[[Page S5885]]

       ``(3) Boundary adjustment.--The boundary of the Potential 
     Wilderness is modified to exclude the area comprising 
     approximately 15.5 acres of land identified as `Potential 
     Wilderness to Non-wilderness' on the map entitled `Rocky 
     Mountain National Park Proposed Wilderness Area Amendment' 
     and dated January 16, 2018.''.

     SEC. 5111. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this title affects the 
     jurisdiction or responsibility of the State with respect to 
     fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this title or an amendment made 
     by this title establishes a protective perimeter or buffer 
     zone around--
       (A) a covered area;
       (B) a wilderness area or potential wilderness area 
     designated by section 5103;
       (C) the Recreation Management Area;
       (D) a Wildlife Conservation Area; or
       (E) the Historic Landscape.
       (2) Outside activities.--The fact that a nonwilderness 
     activity or use on land outside of an area described in 
     paragraph (1) can be seen or heard from within the applicable 
     area described in paragraph (1) shall not preclude the 
     activity or use outside the boundary of the applicable area 
     described in paragraph (1).
       (c) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this title affects the 
     treaty rights of an Indian Tribe.
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions that the Secretary determines to be necessary and 
     in accordance with applicable law, the Secretary shall allow 
     for the continued use of the areas described in subsection 
     (b)(1) by members of Indian Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare maps and 
     legal descriptions of each area described in subsection 
     (b)(1) with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description prepared 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may--
       (A) correct any typographical errors in the maps and legal 
     descriptions; and
       (B) in consultation with the State, make minor adjustments 
     to the boundaries of the Tenmile Recreation Management Area 
     designated by section 5104(a), the Porcupine Gulch Wildlife 
     Conservation Area designated by section 5105(a), and the 
     Williams Fork Mountains Wildlife Conservation Area designated 
     by section 5106(a) to account for potential highway or 
     multimodal transportation system construction, safety 
     measures, maintenance, realignment, or widening.
       (3) Public availability.--Each map and legal description 
     prepared under paragraph (1) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Forest Service.
       (e) Acquisition of Land.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundaries of an area described 
     in subsection (b)(1) by donation, purchase from a willing 
     seller, or exchange.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness area, Recreation 
     Management Area, Wildlife Conservation Area, or Historic 
     Landscape, as applicable, in which the land or interest in 
     land is located.
       (f) Withdrawal.--Subject to valid existing rights, the 
     areas described in subsection (b)(1) are withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (g) Military Overflights.--Nothing in this title or an 
     amendment made by this title restricts or precludes--
       (1) any low-level overflight of military aircraft over any 
     area subject to this title or an amendment made by this 
     title, including military overflights that can be seen, 
     heard, or detected within such an area;
       (2) flight testing or evaluation over an area described in 
     paragraph (1); or
       (3) the use or establishment of--
       (A) any new unit of special use airspace over an area 
     described in paragraph (1); or
       (B) any military flight training or transportation over 
     such an area.
       (h) Sense of Congress.--It is the sense of Congress that 
     military aviation training on Federal public land in the 
     State, including the training conducted at the High-Altitude 
     Army National Guard Aviation Training Site, is critical to 
     the national security of the United States and the readiness 
     of the Armed Forces.

                     TITLE LII--SAN JUAN MOUNTAINS

     SEC. 5201. DEFINITIONS.

       In this title:
       (1) Covered land.--The term ``covered land'' means--
       (A) land designated as wilderness under paragraphs (27) 
     through (29) of section 2(a) of the Colorado Wilderness Act 
     of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by 
     section 5202); and
       (B) a Special Management Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Special management area.--The term ``Special Management 
     Area'' means each of--
       (A) the Sheep Mountain Special Management Area designated 
     by section 5203(a)(1); and
       (B) the Liberty Bell East Special Management Area 
     designated by section 5203(a)(2).

     SEC. 5202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       Section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as amended by section 
     5102(a)(2)) is amended by adding at the end the following:
       ``(27) Lizard head wilderness addition.--Certain Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests comprising approximately 3,141 acres, as generally 
     depicted on the map entitled `Proposed Wilson, Sunshine, 
     Black Face and San Bernardo Additions to the Lizard Head 
     Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Lizard Head Wilderness.
       ``(28) Mount sneffels wilderness additions.--
       ``(A) Liberty bell and last dollar additions.--Certain 
     Federal land in the Grand Mesa, Uncompahgre, and Gunnison 
     National Forests comprising approximately 7,235 acres, as 
     generally depicted on the map entitled `Proposed Liberty Bell 
     and Last Dollar Additions to the Mt. Sneffels Wilderness, 
     Liberty Bell East Special Management Area' and dated 
     September 6, 2018, which is incorporated in, and shall be 
     administered as part of, the Mount Sneffels Wilderness.
       ``(B) Whitehouse additions.--Certain Federal land in the 
     Grand Mesa, Uncompahgre, and Gunnison National Forests 
     comprising approximately 12,465 acres, as generally depicted 
     on the map entitled `Proposed Whitehouse Additions to the Mt. 
     Sneffels Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Mount Sneffels Wilderness.
       ``(29) Mckenna peak wilderness.--Certain Federal land in 
     the State of Colorado comprising approximately 8,884 acres of 
     Bureau of Land Management land, as generally depicted on the 
     map entitled `Proposed McKenna Peak Wilderness Area' and 
     dated September 18, 2018, to be known as the `McKenna Peak 
     Wilderness'.''.

     SEC. 5203. SPECIAL MANAGEMENT AREAS.

       (a) Designation.--
       (1) Sheep mountain special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison and San 
     Juan National Forests in the State comprising approximately 
     21,663 acres, as generally depicted on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018, is designated as the ``Sheep Mountain 
     Special Management Area''.
       (2) Liberty bell east special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests in the State comprising approximately 792 acres, as 
     generally depicted on the map entitled ``Proposed Liberty 
     Bell and Last Dollar Additions to the Mt. Sneffels 
     Wilderness, Liberty Bell East Special Management Area'' and 
     dated September 6, 2018, is designated as the ``Liberty Bell 
     East Special Management Area''.
       (b) Purpose.--The purpose of the Special Management Areas 
     is to conserve and protect for the benefit and enjoyment of 
     present and future generations the geological, cultural, 
     archaeological, paleontological, natural, scientific, 
     recreational, wilderness, wildlife, riparian, historical, 
     educational, and scenic resources of the Special Management 
     Areas.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Special 
     Management Areas in a manner that--
       (A) conserves, protects, and enhances the resources and 
     values of the Special Management Areas described in 
     subsection (b);
       (B) subject to paragraph (3), maintains or improves the 
     wilderness character of the Special Management Areas and the 
     suitability of the Special Management Areas for potential 
     inclusion in the National Wilderness Preservation System; and
       (C) is in accordance with--
       (i) the National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.);
       (ii) this title; and
       (iii) any other applicable laws.
       (2) Prohibitions.--The following shall be prohibited in the 
     Special Management Areas:
       (A) Permanent roads.
       (B) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land, to provide access 
     for abandoned mine cleanup, and to protect public health and 
     safety--
       (i) the use of motor vehicles, motorized equipment, or 
     mechanical transport (other than as provided in paragraph 
     (3)); and
       (ii) the establishment of temporary roads.
       (3) Authorized activities.--
       (A) In general.--The Secretary may allow any activities 
     (including helicopter access for recreation and maintenance 
     and the competitive running event permitted since 1992) that 
     have been authorized by permit or license as of the date of 
     enactment of this Act to continue within the Special 
     Management Areas, subject to such terms and conditions as the 
     Secretary may require.
       (B) Permitting.--The designation of the Special Management 
     Areas by subsection (a)

[[Page S5886]]

     shall not affect the issuance of permits relating to the 
     activities covered under subparagraph (A) after the date of 
     enactment of this Act.
       (C) Bicycles.--The Secretary may permit the use of bicycles 
     in--
       (i) the portion of the Sheep Mountain Special Management 
     Area identified as ``Ophir Valley Area'' on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018; and
       (ii) the portion of the Liberty Bell East Special 
     Management Area identified as ``Liberty Bell Corridor'' on 
     the map entitled ``Proposed Liberty Bell and Last Dollar 
     Additions to the Mt. Sneffels Wilderness, Liberty Bell East 
     Special Management Area'' and dated September 6, 2018.
       (d) Applicable Law.--Water and water rights in the Special 
     Management Areas shall be administered in accordance with 
     section 8 of the Colorado Wilderness Act of 1993 (Public Law 
     103-77; 107 Stat. 762), except that, for purposes of this 
     title--
       (1) any reference contained in that section to ``the lands 
     designated as wilderness by this Act'', ``the Piedra, 
     Roubideau, and Tabeguache areas identified in section 9 of 
     this Act, or the Bowen Gulch Protection Area or the Fossil 
     Ridge Recreation Management Area identified in sections 5 and 
     6 of this Act'', or ``the areas described in sections 2, 5, 
     6, and 9 of this Act'' shall be considered to be a reference 
     to ``the Special Management Areas''; and
       (2) any reference contained in that section to ``this Act'' 
     shall be considered to be a reference to ``division E of the 
     James M. Inhofe National Defense Authorization Act for Fiscal 
     Year 2023''.

     SEC. 5204. RELEASE OF WILDERNESS STUDY AREAS.

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

     ``SEC. 2408. RELEASE.

       ``(a) In General.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez 
     Canyon Wilderness Study Area not designated as wilderness by 
     this subtitle have been adequately studied for wilderness 
     designation.
       ``(b) Release.--Any public land referred to in subsection 
     (a) that is not designated as wilderness by this subtitle--
       ``(1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       ``(2) shall be managed in accordance with this subtitle and 
     any other applicable laws.''.
       (b) McKenna Peak Wilderness Study Area.--
       (1) In general.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak 
     Wilderness Study Area in San Miguel County in the State not 
     designated as wilderness by paragraph (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 5202) have been 
     adequately studied for wilderness designation.
       (2) Release.--Any public land referred to in paragraph (1) 
     that is not designated as wilderness by paragraph (29) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     5202)--
       (A) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (B) shall be managed in accordance with applicable laws.

     SEC. 5205. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this title affects the 
     jurisdiction or responsibility of the State with respect to 
     fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this title establishes a 
     protective perimeter or buffer zone around covered land.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use on land outside of the covered 
     land can be seen or heard from within covered land shall not 
     preclude the activity or use outside the boundary of the 
     covered land.
       (c) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this title affects the 
     treaty rights of any Indian Tribe, including rights under the 
     Agreement of September 13, 1873, ratified by the Act of April 
     29, 1874 (18 Stat. 36, chapter 136).
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the covered land by members of Indian 
     Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary or the Secretary of the 
     Interior, as appropriate, shall file a map and a legal 
     description of each wilderness area designated by paragraphs 
     (27) through (29) of section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as 
     added by section 5202) and the Special Management Areas 
     with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary or the 
     Secretary of the Interior, as appropriate, may correct any 
     typographical errors in the maps and legal descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management and the Forest Service.
       (e) Acquisition of Land.--
       (1) In general.--The Secretary or the Secretary of the 
     Interior, as appropriate, may acquire any land or interest in 
     land within the boundaries of a Special Management Area or 
     the wilderness designated under paragraphs (27) through (29) 
     of section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     5202) by donation, purchase from a willing seller, or 
     exchange.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness or Special 
     Management Area in which the land or interest in land is 
     located.
       (f) Grazing.--The grazing of livestock on covered land, if 
     established before the date of enactment of this Act, shall 
     be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary with jurisdiction over the covered land, in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the applicable guidelines set forth in Appendix A of 
     the report of the Committee on Interior and Insular Affairs 
     of the House of Representatives accompanying H.R. 2570 of the 
     101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th 
     Congress (H. Rept. 96-617).
       (g) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary with jurisdiction over a wilderness area 
     designated by paragraphs (27) through (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 5202) may carry out 
     any activity in the wilderness area that the Secretary 
     determines to be necessary for the control of fire, insects, 
     and diseases, subject to such terms and conditions as the 
     Secretary determines to be appropriate.
       (h) Withdrawal.--Subject to valid existing rights, the 
     covered land and the approximately 6,590 acres generally 
     depicted on the map entitled ``Proposed Naturita Canyon 
     Mineral Withdrawal Area'' and dated September 6, 2018, is 
     withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

                      TITLE LIII--THOMPSON DIVIDE

     SEC. 5301. PURPOSES.

       The purposes of this title are--
       (1) subject to valid existing rights, to withdraw certain 
     Federal land in the Thompson Divide area from mineral and 
     other disposal laws in order to protect the agricultural, 
     ranching, wildlife, air quality, recreation, ecological, and 
     scenic values of the area; and
       (2) to promote the capture of fugitive methane emissions 
     that would otherwise be emitted into the atmosphere.

     SEC. 5302. DEFINITIONS.

       In this title:
       (1) Fugitive methane emissions.--The term ``fugitive 
     methane emissions'' means methane gas from the Federal land 
     or interests in Federal land in Garfield, Gunnison, Delta, or 
     Pitkin County in the State, within the boundaries of the 
     ``Fugitive Coal Mine Methane Use Pilot Program Area'', as 
     generally depicted on the pilot program map, that would leak 
     or be vented into the atmosphere from--
       (A) an active or inactive coal mine subject to a Federal 
     coal lease; or
       (B) an abandoned underground coal mine or the site of a 
     former coal mine--
       (i) that is not subject to a Federal coal lease; and
       (ii) with respect to which the Federal interest in land 
     includes mineral rights to the methane gas.
       (2) Pilot program.--The term ``pilot program'' means the 
     Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program established by section 5305(a)(1).
       (3) Pilot program map.--The term ``pilot program map'' 
     means the map entitled ``Greater Thompson Divide Fugitive 
     Coal Mine Methane Use Pilot Program Area'' and dated April 
     29, 2022.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Thompson divide lease.--
       (A) In general.--The term ``Thompson Divide lease'' means 
     any oil or gas lease in effect on the date of enactment of 
     this Act within the Thompson Divide Withdrawal and Protection 
     Area.
       (B) Exclusions.--The term ``Thompson Divide lease'' does 
     not include any oil or gas lease that--
       (i) is associated with a Wolf Creek Storage Field 
     development right; or
       (ii) before the date of enactment of this Act, has expired, 
     been cancelled, or otherwise terminated.

[[Page S5887]]

       (6) Thompson divide map.--The term ``Thompson Divide map'' 
     means the map entitled ``Greater Thompson Divide Area Map'' 
     and dated November 5, 2021.
       (7) Thompson divide withdrawal and protection area.--The 
     term ``Thompson Divide Withdrawal and Protection Area'' means 
     the Federal land and minerals within the area generally 
     depicted as the ``Thompson Divide Withdrawal and Protection 
     Area'' on the Thompson Divide map.
       (8) Wolf creek storage field development right.--
       (A) In general.--The term ``Wolf Creek Storage Field 
     development right'' means a development right for any of the 
     Federal mineral leases numbered COC 0007496, COC 0007497, COC 
     0007498, COC 0007499, COC 0007500, COC 0007538, COC 0008128, 
     COC 0015373, COC 0128018, COC 0051645, and COC 0051646, as 
     generally depicted on the Thompson Divide map as ``Wolf Creek 
     Storage Agreement''.
       (B) Exclusions.--The term ``Wolf Creek Storage Field 
     development right'' does not include any storage right or 
     related activity within the area described in subparagraph 
     (A).

     SEC. 5303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.

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

     SEC. 5304. THOMPSON DIVIDE LEASE CREDITS.

       (a) In General.--In exchange for the relinquishment by a 
     leaseholder of all Thompson Divide leases of the leaseholder, 
     the Secretary may issue to the leaseholder credits for any 
     bid, royalty, or rental payment due under any Federal oil or 
     gas lease on Federal land in the State, in accordance with 
     subsection (b).
       (b) Amount of Credits.--
       (1) In general.--Subject to paragraph (2), the amount of 
     the credits issued to a leaseholder of a Thompson Divide 
     lease relinquished under subsection (a) shall--
       (A) be equal to the sum of--
       (i) the amount of the bonus bids paid for the applicable 
     Thompson Divide leases;
       (ii) the amount of any rental paid for the applicable 
     Thompson Divide leases as of the date on which the 
     leaseholder submits to the Secretary a notice of the decision 
     to relinquish the applicable Thompson Divide leases; and
       (iii) the amount of any reasonable expenses incurred by the 
     leaseholder of the applicable Thompson Divide leases in the 
     preparation of any drilling permit, sundry notice, or other 
     related submission in support of the development of the 
     applicable Thompson Divide leases as of January 28, 2019, 
     including any expenses relating to the preparation of any 
     analysis under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       (B) require the approval of the Secretary.
       (2) Exclusion.--The amount of a credit issued under 
     subsection (a) shall not include any expenses paid by the 
     leaseholder of a Thompson Divide lease for--
       (A) legal fees or related expenses for legal work with 
     respect to a Thompson Divide lease; or
       (B) any expenses incurred before the issuance of a Thompson 
     Divide lease.
       (c) Cancellation.--Effective on relinquishment under this 
     section, and without any additional action by the Secretary, 
     a Thompson Divide lease--
       (1) shall be permanently cancelled; and
       (2) shall not be reissued.
       (d) Conditions.--
       (1) Applicable law.--Except as otherwise provided in this 
     section, each exchange under this section shall be conducted 
     in accordance with--
       (A) this title; and
       (B) other applicable laws (including regulations).
       (2) Acceptance of credits.--The Secretary shall accept 
     credits issued under subsection (a) in the same manner as 
     cash for the payments described in that subsection.
       (3) Applicability.--The use of a credit issued under 
     subsection (a) shall be subject to the laws (including 
     regulations) applicable to the payments described in that 
     subsection, to the extent that the laws are consistent with 
     this section.
       (4) Treatment of credits.--All amounts in the form of 
     credits issued under subsection (a) accepted by the Secretary 
     shall be considered to be amounts received for the purposes 
     of--
       (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); 
     and
       (B) section 20 of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019).
       (e) Wolf Creek Storage Field Development Rights.--
       (1) Conveyance to secretary.--As a condition precedent to 
     the relinquishment of a Thompson Divide lease under this 
     section, any leaseholder with a Wolf Creek Storage Field 
     development right shall permanently relinquish, transfer, and 
     otherwise convey to the Secretary, in a form acceptable to 
     the Secretary, all Wolf Creek Storage Field development 
     rights of the leaseholder.
       (2) Credits.--
       (A) In general.--In consideration for the transfer of 
     development rights under paragraph (1), the Secretary may 
     issue to a leaseholder described in that paragraph credits 
     for any reasonable expenses incurred by the leaseholder in 
     acquiring the Wolf Creek Storage Field development right or 
     in the preparation of any drilling permit, sundry notice, or 
     other related submission in support of the development right 
     as of January 28, 2019, including any reasonable expenses 
     relating to the preparation of any analysis under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (B) Approval.--Any credits for a transfer of the 
     development rights under paragraph (1), shall be subject to--
       (i) the exclusion described in subsection (b)(2);
       (ii) the conditions described in subsection (d); and
       (iii) the approval of the Secretary.
       (3) Limitation of transfer.--Development rights acquired by 
     the Secretary under paragraph (1)--
       (A) shall be held for as long as the parent leases in the 
     Wolf Creek Storage Field remain in effect; and
       (B) shall not be--
       (i) transferred;
       (ii) reissued; or
       (iii) otherwise used for mineral extraction.

     SEC. 5305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE 
                   USE PILOT PROGRAM.

       (a) Fugitive Coal Mine Methane Use Pilot Program.--
       (1) Establishment.--There is established in the Bureau of 
     Land Management a pilot program, to be known as the ``Greater 
     Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program''.
       (2) Purpose.--The purpose of the pilot program is to 
     promote the capture, beneficial use, mitigation, and 
     sequestration of fugitive methane emissions--
       (A) to reduce methane emissions;
       (B) to promote economic development;
       (C) to improve air quality; and
       (D) to improve public safety.
       (3) Plan.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop a plan--
       (i) to complete an inventory of fugitive methane emissions 
     in accordance with subsection (b);
       (ii) to provide for the leasing of fugitive methane 
     emissions in accordance with subsection (c); and
       (iii) to provide for the capping or destruction of fugitive 
     methane emissions in accordance with subsection (d).
       (B) Coordination.--In developing the plan under this 
     paragraph, the Secretary shall coordinate with--
       (i) the State;
       (ii) Garfield, Gunnison, Delta, and Pitkin Counties in the 
     State;
       (iii) lessees of Federal coal within the counties referred 
     to in clause (ii);
       (iv) interested institutions of higher education in the 
     State; and
       (v) interested members of the public.
       (b) Fugitive Methane Emissions Inventory.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall complete an 
     inventory of fugitive methane emissions.
       (2) Conduct.--
       (A) Collaboration.--The Secretary may conduct the inventory 
     under paragraph (1) through, or in collaboration with--
       (i) the Bureau of Land Management;
       (ii) the United States Geological Survey;
       (iii) the Environmental Protection Agency;
       (iv) the United States Forest Service;
       (v) State departments or agencies;
       (vi) Garfield, Gunnison, Delta, or Pitkin County in the 
     State;
       (vii) the Garfield County Federal Mineral Lease District;
       (viii) institutions of higher education in the State;
       (ix) lessees of Federal coal within a county referred to in 
     subparagraph (F);
       (x) the National Oceanic and Atmospheric Administration;
       (xi) the National Center for Atmospheric Research; or
       (xii) other interested entities, including members of the 
     public.
       (B) Federal split estate.--
       (i) In general.--In conducting the inventory under 
     paragraph (1) for Federal minerals on split estate land, the 
     Secretary shall rely on available data.
       (ii) Limitation.--Nothing in this section requires or 
     authorizes the Secretary to enter or access private land to 
     conduct the inventory under paragraph (1).
       (3) Contents.--The inventory conducted under paragraph (1) 
     shall include--
       (A) the general location and geographic coordinates of 
     vents, seeps, or other sources producing significant fugitive 
     methane emissions;
       (B) an estimate of the volume and concentration of fugitive 
     methane emissions from each source of significant fugitive 
     methane emissions, including details of measurements taken 
     and the basis for that emissions estimate;

[[Page S5888]]

       (C) relevant data and other information available from--
       (i) the Environmental Protection Agency;
       (ii) the Mine Safety and Health Administration;
       (iii) the Colorado Department of Natural Resources;
       (iv) the Colorado Public Utility Commission;
       (v) the Colorado Department of Health and Environment; and
       (vi) the Office of Surface Mining Reclamation and 
     Enforcement; and
       (D) such other information as may be useful in advancing 
     the purposes of the pilot program.
       (4) Public participation; disclosure.--
       (A) Public participation.--The Secretary shall, as 
     appropriate, provide opportunities for public participation 
     in the conduct of the inventory under paragraph (1).
       (B) Availability.--The Secretary shall make the inventory 
     conducted under paragraph (1) publicly available.
       (C) Disclosure.--Nothing in this subsection requires the 
     Secretary to publicly release information that--
       (i) poses a threat to public safety;
       (ii) is confidential business information; or
       (iii) is otherwise protected from public disclosure.
       (5) Impact on coal mines subject to lease.--
       (A) In general.--For the purposes of conducting the 
     inventory under paragraph (1), for land subject to a Federal 
     coal lease, the Secretary shall use readily available methane 
     emissions data.
       (B) Effect.--Nothing in this section requires the holder of 
     a Federal coal lease to report additional data or information 
     to the Secretary.
       (6) Use.--The Secretary shall use the inventory conducted 
     under paragraph (1) in carrying out--
       (A) the leasing program under subsection (c); and
       (B) the capping or destruction of fugitive methane 
     emissions under subsection (d).
       (c) Fugitive Methane Emissions Leasing Program and 
     Sequestration.--
       (1) In general.--Subject to valid existing rights and in 
     accordance with this section, not later than 1 year after the 
     date of completion of the inventory required under subsection 
     (b), the Secretary shall carry out a program to encourage the 
     use and destruction of fugitive methane emissions.
       (2) Fugitive methane emissions from coal mines subject to 
     lease.--
       (A) In general.--The Secretary shall authorize the holder 
     of a valid existing Federal coal lease for a mine that is 
     producing fugitive methane emissions to capture for use or 
     destroy the fugitive methane emissions.
       (B) Conditions.--The authority under subparagraph (A) shall 
     be subject to--
       (i) valid existing rights; and
       (ii) such terms and conditions as the Secretary may 
     require.
       (C) Limitations.--The program carried out under paragraph 
     (1) shall only include fugitive methane emissions that can be 
     captured for use or destroyed in a manner that does not--
       (i) endanger the safety of any coal mine worker; or
       (ii) unreasonably interfere with any ongoing operation at a 
     coal mine.
       (D) Cooperation.--
       (i) In general.--The Secretary shall work cooperatively 
     with the holders of valid existing Federal coal leases for 
     mines that produce fugitive methane emissions to encourage--

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

       (ii) Guidance.--In support of cooperative efforts with 
     holders of valid existing Federal coal leases to capture for 
     use or destroy fugitive methane emissions, not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall issue guidance to the public for the implementation of 
     authorities and programs to encourage the capture for use and 
     destruction of fugitive methane emissions, while minimizing 
     impacts on natural resources or other public interest values.
       (E) Royalties.--The Secretary shall determine whether any 
     fugitive methane emissions used or destroyed pursuant to this 
     paragraph are subject to the payment of a royalty under 
     applicable law.
       (3) Fugitive methane emissions from land not subject to a 
     federal coal lease.--
       (A) In general.--Except as otherwise provided in this 
     section, notwithstanding section 5303 and subject to valid 
     existing rights and any other applicable law, the Secretary 
     shall, for land not subject to a Federal coal lease--
       (i) authorize the capture for use or destruction of 
     fugitive methane emissions; and
       (ii) make available for leasing such fugitive methane 
     emissions as the Secretary determines to be in the public 
     interest.
       (B) Source.--To the extent practicable, the Secretary shall 
     offer for lease, individually or in combination, each 
     significant source of fugitive methane emissions on land not 
     subject to a Federal coal lease.
       (C) Bid qualifications.--A bid to lease fugitive methane 
     emissions under this paragraph shall specify whether the 
     prospective lessee intends--
       (i) to capture the fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material;
       (ii) to destroy the fugitive methane emissions; or
       (iii) to employ a specific combination of--

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

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

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

       (E) Lease form.--
       (i) In general.--The Secretary shall develop and provide to 
     prospective bidders a lease form for leases issued under this 
     paragraph.
       (ii) Due diligence.--The lease form developed under clause 
     (i) shall include terms and conditions requiring the leased 
     fugitive methane emissions to be put to beneficial use or 
     destroyed by not later than 3 years after the date of 
     issuance of the lease.
       (F) Royalty rate.--The Secretary shall develop a minimum 
     bid, as the Secretary determines to be necessary, and royalty 
     rate for leases under this paragraph.
       (d) Sequestration.--If, by not later than 4 years after the 
     date of completion of the inventory under subsection (b), any 
     significant fugitive methane emissions are not leased under 
     subsection (c)(3), the Secretary shall, subject to the 
     availability of appropriations and in accordance with 
     applicable law, take all reasonable measures--
       (1) to provide incentives for new leases under subsection 
     (c)(3);
       (2) to cap those fugitive methane emissions at the source 
     in any case in which the cap will result in the long-term 
     sequestration of all or a significant portion of the fugitive 
     methane emissions; or
       (3) to destroy the fugitive methane emissions, if 
     incentivizing leases under paragraph (1) or sequestration 
     under paragraph (2) is not feasible, with priority for 
     locations that destroy the greatest quantity of fugitive 
     methane emissions at the lowest cost.
       (e) Report to Congress.--Not later than 4 years after the 
     date of enactment of this Act the Secretary shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a report detailing--
       (1) the economic and environmental impacts of the pilot 
     program, including information on increased royalties and 
     estimates of avoided greenhouse gas emissions; and
       (2) any recommendations of the Secretary on whether the 
     pilot program could be expanded to include--
       (A) other significant sources of emissions of fugitive 
     methane located outside the boundaries of the area depicted 
     as ``Fugitive Coal Mine Methane Use Pilot Program Area'' on 
     the pilot program map; and
       (B) the leasing of natural methane seeps under the 
     activities authorized pursuant to subsection (c)(3).

     SEC. 5306. EFFECT.

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

             TITLE LIV--CURECANTI NATIONAL RECREATION AREA

     SEC. 5401. DEFINITIONS.

       In this title:
       (1) Map.--The term ``map'' means the map entitled 
     ``Curecanti National Recreation Area, Proposed Boundary'', 
     numbered 616/100,485D, and dated April 25, 2022 .
       (2) National recreation area.--The term ``National 
     Recreation Area'' means the Curecanti National Recreation 
     Area established by section 5402(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5402. CURECANTI NATIONAL RECREATION AREA.

       (a) Establishment.--Effective beginning on the earlier of 
     the date on which the Secretary approves a request under 
     subsection (c)(2)(B)(i)(I) and the date that is 1 year after 
     the date of enactment of this Act, there shall be established 
     as a unit of the National Park System the Curecanti National 
     Recreation Area, in accordance with this division, consisting 
     of approximately 50,300 acres of land

[[Page S5889]]

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

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

       (ii) Transfer of land.--

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

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

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

       (5) Landowner assistance.--On the written request of an 
     individual that owns private land located within the area 
     generally depicted as ``Conservation Opportunity Area'' on 
     the map entitled ``Preferred Alternative'' in the document 
     entitled ``Report to Congress: Curecanti Special Resource 
     Study'' and dated June 2009, the Secretary may work in 
     partnership with the individual to enhance the long-term 
     conservation of natural, cultural, recreational, and scenic 
     resources in and around the National Recreation Area--
       (A) by acquiring all or a portion of the private land or 
     interests in private land within the Conservation Opportunity 
     Area by purchase, exchange, or donation, in accordance with 
     section 5403;
       (B) by providing technical assistance to the individual, 
     including cooperative assistance;
       (C) through available grant programs; and
       (D) by supporting conservation easement opportunities.
       (6) Incorporation of acquired land and interests.--Any land 
     or interest in land acquired by the United States under 
     paragraph (5) shall--
       (A) become part of the National Recreation Area; and
       (B) be managed in accordance with this title.
       (7) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the National Recreation Area, including 
     land acquired pursuant to this section, is withdrawn from--
       (A) entry, appropriation, and disposal under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (8) Grazing.--
       (A) State land subject to a state grazing lease.--
       (i) In general.--If State land acquired under this title is 
     subject to a State grazing lease in effect on the date of 
     acquisition, the Secretary shall allow the grazing to 
     continue for the remainder of the term of the lease, subject 
     to the related terms and conditions of user agreements, 
     including permitted stocking rates, grazing fee levels, 
     access rights, and ownership and use of range improvements.
       (ii) Access.--A lessee of State land may continue to use 
     established routes within the National Recreation Area to 
     access State land for purposes of administering the lease if 
     the use was permitted before the date of enactment of this 
     Act, subject to such terms and conditions as the Secretary 
     may require.
       (B) State and private land.--The Secretary may, in 
     accordance with applicable laws, authorize grazing on land 
     acquired from the State or private landowners under section 
     5403, if grazing was established before the date of 
     acquisition.
       (C) Private land.--On private land acquired under section 
     5403 for the National Recreation Area on which authorized 
     grazing is occurring before the date of enactment of this 
     Act, the Secretary, in consultation with the lessee, may 
     allow the continuation and renewal of grazing on the land 
     based on the terms of acquisition or by agreement between the 
     Secretary and the lessee, subject to applicable law 
     (including regulations).
       (D) Federal land.--The Secretary shall--
       (i) allow, consistent with the grazing leases, uses, and 
     practices in effect as of the date of enactment of this Act, 
     the continuation and renewal of grazing on Federal land 
     located within the boundary of the National Recreation Area 
     on which grazing is allowed before the date of enactment of 
     this Act, unless the Secretary determines that grazing on the 
     Federal land would present unacceptable impacts (as defined 
     in section 1.4.7.1 of the National Park Service document 
     entitled ``Management Policies 2006: The Guide to Managing 
     the National Park System'') to the natural, cultural, 
     recreational, and scenic resource values and the character of 
     the land within the National Recreation Area; and
       (ii) retain all authorities to manage grazing in the 
     National Recreation Area.
       (E) Termination of leases.--Within the National Recreation 
     Area, the Secretary may--
       (i) accept the voluntary termination of a lease or permit 
     for grazing; or
       (ii) in the case of a lease or permit vacated for a period 
     of 3 or more years, terminate the lease or permit.
       (9) Water rights.--Nothing in this title--
       (A) affects any use or allocation in existence on the date 
     of enactment of this Act of any water, water right, or 
     interest in water;
       (B) affects any vested absolute or decreed conditional 
     water right in existence on the date of enactment of this 
     Act, including any water right held by the United States;
       (C) affects any interstate water compact in existence on 
     the date of enactment of this Act;
       (D) shall be considered to be a relinquishment or reduction 
     of any water right reserved or appropriated by the United 
     States in the State on or before the date of enactment of 
     this Act; or
       (E) constitutes an express or implied Federal reservation 
     of any water or water rights with respect to the National 
     Recreation Area.
       (10) Fishing easements.--
       (A) In general.--Nothing in this title diminishes or alters 
     the fish and wildlife program for the Aspinall Unit developed 
     under section 8 of the Act of April 11, 1956 (commonly known 
     as the ``Colorado River Storage Project Act'') (70 Stat. 110, 
     chapter 203;

[[Page S5890]]

     43 U.S.C. 620g), by the United States Fish and Wildlife 
     Service, the Bureau of Reclamation, and the Colorado Division 
     of Wildlife (including any successor in interest to that 
     division) that provides for the acquisition of public access 
     fishing easements as mitigation for the Aspinall Unit 
     (referred to in this paragraph as the ``program'').
       (B) Acquisition of fishing easements.--The Secretary shall 
     continue to fulfill the obligation of the Secretary under the 
     program to acquire 26 miles of class 1 public fishing 
     easements to provide to sportsmen access for fishing within 
     the Upper Gunnison Basin upstream of the Aspinall Unit, 
     subject to the condition that no existing fishing access 
     downstream of the Aspinall Unit shall be counted toward the 
     minimum mileage requirement under the program.
       (C) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a plan for 
     fulfilling the obligation of the Secretary described in 
     subparagraph (B) by the date that is 10 years after the date 
     of enactment of this Act.
       (D) Reports.--Not later than each of 2 years, 5 years, and 
     8 years after the date of enactment of this Act, the 
     Secretary shall submit to Congress a report that describes 
     the progress made in fulfilling the obligation of the 
     Secretary described in subparagraph (B).
       (d) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this title affects the 
     treaty rights of any Indian Tribe.
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the National Recreation Area by members 
     of Indian Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.

     SEC. 5403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.

       (a) Acquisition.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundary of the National 
     Recreation Area.
       (2) Manner of acquisition.--
       (A) In general.--Subject to subparagraph (B), land 
     described in paragraph (1) may be acquired under this 
     subsection by--
       (i) donation;
       (ii) purchase from willing sellers with donated or 
     appropriated funds;
       (iii) transfer from another Federal agency; or
       (iv) exchange.
       (B) State land.--Land or interests in land owned by the 
     State or a political subdivision of the State may only be 
     acquired by purchase, donation, or exchange.
       (b) Transfer of Administrative Jurisdiction.--
       (1) Forest service land.--
       (A) In general.--Administrative jurisdiction over the 
     approximately 2,500 acres of land identified on the map as 
     ``U.S. Forest Service proposed transfer to the National Park 
     Service'' is transferred to the Secretary, to be administered 
     by the Director of the National Park Service as part of the 
     National Recreation Area.
       (B) Boundary adjustment.--The boundary of the Gunnison 
     National Forest shall be adjusted to exclude the land 
     transferred to the Secretary under subparagraph (A).
       (2) Bureau of land management land.--Administrative 
     jurisdiction over the approximately 6,100 acres of land 
     identified on the map as ``Bureau of Land Management proposed 
     transfer to National Park Service'' is transferred from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service, to be administered as part of the 
     National Recreation Area.
       (3) Withdrawal.--Administrative jurisdiction over the land 
     identified on the map as ``Proposed for transfer to the 
     Bureau of Land Management, subject to the revocation of 
     Bureau of Reclamation withdrawal'' shall be transferred to 
     the Director of the Bureau of Land Management on 
     relinquishment of the land by the Bureau of Reclamation and 
     revocation by the Bureau of Land Management of any withdrawal 
     as may be necessary.
       (c) Potential Land Exchange.--
       (1) In general.--The withdrawal for reclamation purposes of 
     the land identified on the map as ``Potential exchange 
     lands'' shall be relinquished by the Commissioner of 
     Reclamation and revoked by the Director of the Bureau of Land 
     Management and the land shall be transferred to the National 
     Park Service.
       (2) Exchange; inclusion in national recreation area.--On 
     transfer of the land described in paragraph (1), the 
     transferred land--
       (A) may be exchanged by the Secretary for private land 
     described in section 5402(c)(5)--
       (i) subject to a conservation easement remaining on the 
     transferred land, to protect the scenic resources of the 
     transferred land; and
       (ii) in accordance with the laws (including regulations) 
     and policies governing National Park Service land exchanges; 
     and
       (B) if not exchanged under subparagraph (A), shall be added 
     to, and managed as a part of, the National Recreation Area.
       (d) Addition to National Recreation Area.--Any land within 
     the boundary of the National Recreation Area that is acquired 
     by the United States shall be added to, and managed as a part 
     of, the National Recreation Area.

     SEC. 5404. GENERAL MANAGEMENT PLAN.

       Not later than 3 years after the date on which funds are 
     made available to carry out this title, the Director of the 
     National Park Service, in consultation with the Commissioner 
     of Reclamation, shall prepare a general management plan for 
     the National Recreation Area in accordance with section 
     100502 of title 54, United States Code.

     SEC. 5405. BOUNDARY SURVEY.

       The Secretary (acting through the Director of the National 
     Park Service) shall prepare a boundary survey and legal 
     description of the National Recreation Area.
                                 ______
                                 
  SA 6353. 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 end of subtitle A of title XV, add the following:

     SEC. 1509. NATIONAL SECURITY SPACE LAUNCH PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the acquisition approach for phase three of the 
     National Security Space Launch program should account for 
     changes in the launch industry and planned architectures of 
     the Space Force;
       (2) the supply of launches for phase three may be impacted 
     by increases in commercial space launch demand;
       (3) the Secretary of the Air Force should explore new and 
     innovative acquisition approaches to leverage launch 
     competition within the commercial market; and
       (4) in developing the acquisition strategy for phase three, 
     the Secretary should--
       (A) consider the scope of phase three manifest requirements 
     in comparison to the Orbital Services Program and other 
     potential contract vehicles for launches;
       (B) ensure the continued assured access to space;
       (C) emphasize free, fair, and open competition;
       (D) capitalize on competition across the commercial launch 
     industry;
       (E) examine all possible options for awarding contracts for 
     launches during the period covered by the phase, including, 
     block-buys, indefinite delivery, indefinite quantity, and a 
     hybrid approach;
       (F) consider tailorable mission assurance options informed 
     by previous launch vehicle performance metrics;
       (G) include options for adding launch providers, launch 
     systems, or both, during the execution of phase three to 
     address manifest changes beyond the planned national security 
     space unique launches at the time of initial award;
       (H) maintain understanding of the commercial launch 
     industry and launch capacity needed to fulfill the 
     requirements of the National Security Space Launch program; 
     and
       (I) allow for rapid development and on-orbit deployment of 
     enabling and transformational technologies required to 
     address emerging requirements, including with respect to--
       (i) delivery of in-space transportation, logistics, and on-
     orbit servicing capabilities to enhance the persistence, 
     sensitivity, and resiliency of national security space 
     missions in a contested space environment;
       (ii) proliferated low-Earth orbit constellation deployment;
       (iii) routine access to extended orbits beyond 
     geostationary orbits, including cislunar orbits;
       (iv) payload fairings that exceed current launch 
     requirements;
       (v) increased responsiveness for heavy lift capability;
       (vi) the ability to transfer orbits, including point-to-
     point orbital transfers;
       (vii) capacity and capability to execute secondary 
     deployments;
       (viii) high-performance upper stages;
       (ix) vertical integration; and
       (x) other new missions that are outside the parameters of 
     the nine design reference missions that exist as of the date 
     of the enactment of this Act.
       (b) Quarterly Briefings.--On a quarterly basis until the 
     date on which the Secretary of the Air Force awards a phase 
     three contract, the Commander of the Space Systems Command 
     shall provide to the appropriate congressional committees a 
     briefing on the development of the phase three acquisition 
     strategy, including how the matters described subsection (a) 
     are being considered in such strategy.
       (c) Notification of Results of Mission Assignment Board.--
     Not later than 14 days after the date on which a phase two 
     mission assignment board is completed, the Commander of the 
     Space Systems Command shall notify the appropriate 
     congressional committees of the launch assignment results of 
     the board.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees with respect to 
     all briefings provided under

[[Page S5891]]

     subsection (b) and notifications made under subsection (c); 
     and
       (B) in addition to the congressional defense committees, 
     the Select Committee on Intelligence of the Senate, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives with respect to--
       (i) briefings required under subsection (b) regarding 
     requirements of the intelligence community being incorporated 
     into phase three planning; and
       (ii) notifications made under subsection (c) regarding an 
     assignment that includes capabilities being launched for the 
     intelligence community.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (3) Phase three.--The term ``phase three'' means, with 
     respect to the National Security Space Launch program, launch 
     missions ordered under the program after fiscal year 2024.
       (4) Phase two.--The term ``phase two'' means, with respect 
     to the National Security Space Launch program, launch 
     missions ordered under the program during fiscal years 2020 
     through 2024.
                                 ______
                                 
  SA 6354. Mr. KING (for himself, Mr. Sasse, Ms. Hassan, and 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 in subtitle G of title X, insert 
     the following:

     SEC. 10__. INFORMATION COLLABORATION ENVIRONMENT PROGRAM.

       (a) Definitions.--In this section:
       (1) Council.--The term ``Council'' means the Cyber Threat 
     Data Collaboration Council established under subsection 
     (d)(1).
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Critical Infrastructure Protection Act of 2001 
     (42 U.S.C. 5195c(e)).
       (3) Critical infrastructure information.--The term 
     ``critical infrastructure information'' has the meaning given 
     such term in section 2222 of the Homeland Security Act of 
     2002 (6 U.S.C. 671).
       (4) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given such term in section 102 of 
     the Cybersecurity Act of 2015 (6 U.S.C. 1501).
       (5) Cyber threat indicator.--The term ``cyber threat 
     indicator'' has the meaning given such term in section 102 of 
     the Cybersecurity Act of 2015 (6 U.S.C. 1501).
       (6) Environment.--The term ``environment'' means the 
     information collaboration environment established under 
     subsection (b).
       (7) Information sharing and analysis organization.--The 
     term ``information sharing and analysis organization'' has 
     the meaning given such term in section 2222 of the Homeland 
     Security Act of 2002 (6 U.S.C. 671).
       (8) National intelligence program.--The term ``National 
     Intelligence Program'' has the meaning given such term in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       (9) National security system.--The term ``national security 
     system'' has the meaning given such term in section 3552 of 
     title 44, United States Code.
       (10) Non-federal entity.--The term ``non-Federal entity'' 
     has the meaning given such term in section 102 of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1501 ).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (12) Sector risk management agency.--The term ``Sector Risk 
     Management Agency'' has the meaning given such term in 
     section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 
     651).
       (13) United states person.--The term ``United States 
     person'' has the meaning given that term in section 101 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).
       (b) Information Collaboration Environment.--In accordance 
     with the requirements established by the Council under 
     subsection (d), the Secretary, in coordination with the 
     Secretary of Defense, acting through the Director of the 
     National Security Agency (in the capacity of the Director as 
     the National Manager for National Security Systems), shall 
     ensure the development or establishment of an information 
     collaboration environment, using existing programs and 
     systems where available, through which relevant Federal 
     entities and non-Federal entities may share information and 
     collaborate to identify, mitigate, and prevent malicious 
     cyber activity by--
       (1) providing access to appropriate and operationally 
     relevant data from unclassified and classified sources on 
     cybersecurity threats, including malware forensics and data 
     from network sensor programs, on a platform that enables 
     query and analysis;
       (2) enabling analysis of data on cybersecurity threats at 
     the speed and scale necessary for rapid detection and 
     identification of such threats, including through automated 
     means where appropriate;
       (3) facilitating a comprehensive understanding of 
     cybersecurity threats; and
       (4) facilitating collaborative analysis between the Federal 
     Government and public and private sector critical 
     infrastructure entities and information sharing and analysis 
     organizations, including by providing such entities and 
     organizations access to the environment.
       (c) Implementation of Environment.--
       (1) Inventory and evaluation.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of Defense, acting through the Director of the 
     National Security Agency, shall conduct an inventory and 
     evaluation of Federal programs and capabilities and submit to 
     the Council a report that shall--
       (i) identify, inventory, and evaluate Federal sources of 
     classified and unclassified information on cybersecurity 
     threats;
       (ii) evaluate programs, applications, or platforms intended 
     to detect, identify, analyze, and monitor cybersecurity 
     threats;
       (iii) identify tools, capabilities, and systems that may be 
     adapted to achieve the purposes of the environment in order 
     to achieve a return on investment that is commensurate with 
     the cost;
       (iv) identify and evaluate interagency or public-private 
     programs that may be adapted for, incorporated into, or 
     accounted for in the design and implementation of the 
     environment; and
       (v) include a classified annex the contents of which shall 
     be determined by the Director of the National Security Agency 
     in coordination with the heads of Federal entities that own, 
     operate, or control relevant national security systems, in 
     accordance with paragraph (4).
       (B) Consultation.--In conducting the inventory and 
     evaluation required under subparagraph (A), the Secretary, 
     shall consult with--
       (i) public and private sector critical infrastructure 
     entities to identify public and private critical 
     infrastructure cyber threat capabilities, needs, and gaps; 
     and
       (ii) the owners of Federal systems identified as part of 
     the inventory.
       (2) Implementation plan.--Not later than 180 days after the 
     date on which the Secretary completes the inventory and 
     evaluation under paragraph (1), the Secretary, in 
     coordination with the Secretary of Defense, acting through 
     the Director of the National Security Agency, shall submit to 
     the Council for approval an implementation plan for the 
     environment that--
       (A) meets the requirements described in paragraph (3)(B);
       (B) outlines roles and responsibilities of the 
     Cybersecurity and Infrastructure Security Agency, the 
     National Security Agency, and participating departments and 
     agencies in the design, development, and operation of the 
     environment;
       (C) identifies programs to be included in the environment 
     and their use and incorporation in the environment;
       (D) describes application and design of access control 
     mechanisms to ensure control of data by the applicable 
     departments and agencies and the protection of privacy and 
     classified or law enforcement sensitive information;
       (E) identifies timelines for implementation;
       (F) provides estimated costs for initial implementation and 
     yearly operations and maintenance;
       (G) provides estimated costs for participating departments 
     and agencies in the maintenance or modernization of relevant 
     programs and systems;
       (H) establishes plans of action and milestones associated 
     with achieving initial operating capability and full 
     operating capability of the environment;
       (I) identifies, assesses, and provides recommendations to 
     address legal, policy, procedural, or budgetary challenges to 
     implementation; and
       (J) includes a classified annex that addresses any design 
     or implementation issues related to the protection of 
     intelligence sources and methods, and classified information 
     and systems, as applicable and determined by the Director of 
     the National Security Agency, in coordination with the heads 
     of relevant Federal entities, in accordance with paragraph 
     (4).
       (3) Implementation.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, and after the Council approves the 
     implementation plan required under paragraph (2), the 
     Secretary, in coordination with the Secretary of Defense, 
     acting through the Director of the National Security Agency, 
     shall ensure initial operation capability of the environment 
     and the ability of participants in the environment to develop 
     and run analytic tools on specified data sets for the purpose 
     of identifying cybersecurity threats.
       (B) Requirements.--The environment and the analytic tools 
     used in the environment shall--
       (i) operate in a manner consistent with applicable Federal 
     security, privacy, civil rights, and civil liberties laws, 
     policies and protections, including such policies and 
     protections established pursuant to subsections (a)(4), (b), 
     and (d)(5) of section 105 of the Cybersecurity Act of 2015 (6 
     U.S.C. 1504);

[[Page S5892]]

       (ii) reflect the requirements set forth by Council;
       (iii) enable integration of applications, platforms, data, 
     and information, including classified information, in a 
     manner that supports the integration of unclassified and 
     classified information on cybersecurity threats;
       (iv) incorporate tools to manage access to classified and 
     unclassified data, as appropriate, for public and private 
     sector personnel who are cleared for access to the highest 
     level of classified data included in the environment;
       (v) ensure accessibility by Federal entities that the 
     Secretary, in consultation with the Director of National 
     Intelligence, the Attorney General, and the Secretary of 
     Defense, determines appropriate;
       (vi) allow for access by critical infrastructure 
     stakeholders and other private sector partners, at the 
     discretion of the Secretary, and after consulting the 
     appropriate Sector Risk Management Agency;
       (vii) deploy analytic tools across classification levels to 
     leverage all relevant data sets, as appropriate;
       (viii) identify tools and analytical software that can be 
     applied and shared to manipulate, transform, and display data 
     and other identified needs; and
       (ix) anticipate the integration of new technologies and 
     data sources, including data from appropriate Government-
     sponsored network sensors or network-monitoring programs 
     deployed in support of non-Federal entities.
       (C) Access controls.--The owner or originator of any data 
     that has been authorized to be shared in the environment by 
     that owner or originator shall have the authority to set 
     access controls for such data and may restrict access to any 
     particular data for any purpose, including for the purposes 
     of protecting classified information and intelligence sources 
     and methods from unauthorized disclosure, in accordance with 
     any applicable Executive Order or an Act of Congress 
     (including section 102A(i) of the National Security Act (50 
     U.S.C. 3024(i))).
       (4) National security systems.--
       (A) In general.--Subject to subparagraphs (B) and (C), 
     nothing in this section shall apply to national security 
     systems or to information related to such systems, without 
     the consent of the Federal entity that owns, operates, or 
     controls the relevant national security system.
       (B) National manager inventory.--The Director of the 
     National Security Agency shall request all Federal entities 
     that own, operate, or control a national security system to 
     identify all national security systems with capabilities or 
     functions that are relevant to the environment.
       (C) National manager determination.--The Director of the 
     National Security Agency may include a national security 
     system identified under subparagraph (B) in the inventory and 
     evaluation under paragraph (1) and the environment, with the 
     consent of the Federal entity that owns, operates, or 
     controls the national security system.
       (5) Annual report requirement on the implementation, 
     execution, and effectiveness of the program.--Not later than 
     1 year after the date of enactment of this Act, and every 
     year thereafter, the Secretary, in coordination with the 
     Secretary of Defense and the Director of National 
     Intelligence, shall submit to the President, the Council, the 
     Committee on Homeland Security and Governmental Affairs, the 
     Committee on Armed Services, and the Select Committee on 
     Intelligence of the Senate, and the Committee on Homeland 
     Security, the Committee on Armed Services, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report that details--
       (A) Federal Government participation in the environment, 
     including the Federal entities participating in the 
     environment and the volume of information shared by Federal 
     entities into the environment;
       (B) non-Federal entities' participation in the environment, 
     including the non-Federal entities participating in the 
     environment and the volume of information shared by non-
     Federal entities into the environment;
       (C) the impact of the environment on positive security 
     outcomes for the Federal Government and non-Federal entities, 
     such as owners of data that restrict access to particular 
     data under paragraph (3)(C);
       (D) barriers identified to fully realizing the benefit of 
     the environment both for the Federal Government and non-
     Federal entities;
       (E) additional authorities or resources necessary to 
     successfully execute the environment; and
       (F) identified shortcomings or risks to security or privacy 
     and the steps necessary to improve the mitigation of the 
     shortcomings or risks.
       (d) Cyber Threat Data Collaboration Council.--
       (1) Establishment.--There is established an interagency 
     council, to be known as the ``Cyber Threat Data Collaboration 
     Council'', which shall--
       (A) ensure the implementation of the environment meets the 
     requirements of this section;
       (B) establish interoperability requirements for programs 
     and systems participating or to be accessed in the 
     environment;
       (C) establish procedures, guidelines, and criteria for 
     interagency cyber threat information sharing in the 
     environment; and
       (D) identify and work to address legal, policy, procedural, 
     or technical barriers to ensure more effective and efficient 
     interagency cyber threat information sharing and analysis in 
     the environment.
       (2) Membership.--
       (A) Principal members.--The principal members of the 
     Council shall be the National Cyber Director (who shall serve 
     as the Chairperson of the Council), the Secretary, the 
     Attorney General, the Director of National Intelligence, the 
     Director of the National Security Agency, and the Secretary 
     of Defense.
       (B) Additional federal members.--The National Cyber 
     Director shall identify and appoint additional members of the 
     Council from among the heads of departments and agencies of 
     Federal entities that oversee programs that generate, 
     collect, disseminate, or analyze data or information on 
     cybersecurity threats based on recommendations submitted by 
     the principal members.
       (C) Advisory members.--The National Cyber Director shall 
     identify and appoint advisory members from non-Federal 
     entities that shall advise the Council based on 
     recommendations submitted by the principal members.
       (D) Technical advisors.--The National Cyber Director may 
     identify and invite Federal employees with specific relevant 
     experience, background, technical, or subject matter 
     expertise to participate in the Council as technical 
     advisors, based on recommendations submitted by the principal 
     members.
       (3) Participating programs.--
       (A) Initial determination.--Not later than 30 days after 
     receiving the inventory and evaluation required under 
     subsection (c), the Council shall, based on the results of 
     the inventory and evaluation, approve an initial list of 
     programs or classes of programs that shall be designated and 
     required to participate in or be interoperable with the 
     environment, which may include--
       (i) endpoint detection and response, system monitoring and 
     other intrusion detection, and prevention programs;
       (ii) cyber threat indicator sharing programs;
       (iii) appropriate Government-sponsored network sensors or 
     network-monitoring programs;
       (iv) incident response and cybersecurity technical 
     assistance programs; and
       (v) malware forensics and reverse-engineering programs.
       (B) Yearly review.--The Council shall conduct a yearly 
     review of programs required to participate in or be 
     interoperable with the environment and update the list of 
     programs as appropriate.
       (4) Data privacy and civil liberties.--The Council shall 
     establish a committee comprised of privacy, civil liberties, 
     and intelligence oversight officers from the Department of 
     Homeland Security, the Department of Defense, the Department 
     of Justice, and the Office of the Director of National 
     Intelligence to advise the Council on matters related to 
     procedures and data governance structures, as necessary, to 
     protect data shared in the environment, comply with Federal 
     regulations and statutes on using and storing the data of 
     United States persons, and respect agreements with non-
     Federal entities concerning their information.
       (5) Rule of construction.--Nothing in this subsection shall 
     change existing ownership or protection of, or policies and 
     processes for access to, agency data.
       (e) Duration.--The program under this section shall 
     terminate on the date that is 5 years after the date on which 
     the Secretary achieves initial operating capability of the 
     program as required under subsection (c)(3).
       (f) Resources.--Subject to the availability of 
     appropriations and under conditions established jointly by 
     the Secretary and Secretary of Defense, in coordination with 
     the Director of National Intelligence, and subject to the 
     concurrence of the Director regarding the use of any funds 
     made available under the National Intelligence Program, the 
     National Security Agency shall provide to the Cybersecurity 
     and Infrastructure Security Agency resources, personnel, 
     expertise, infrastructure, equipment, or such other support 
     as may be required in the design, development, maintenance, 
     or operation of the environment.
       (g) Protection of Sources and Methods.--Consistent with 
     section 102A of the National Security Act of 1947 (50 U.S.C. 
     3024), the Director of National Intelligence shall ensure 
     this section is implemented in a manner that protects 
     intelligence sources and methods. Federal entities 
     implementing the environment or participating in the 
     activities described in this section shall follow applicable 
     policy and guidance issued by the Director of National 
     Intelligence regarding the protection of intelligence sources 
     and methods.
                                 ______
                                 
  SA 6355. Mr. KING (for himself and Mrs. Fischer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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:

[[Page S5893]]

  


     SEC. 1531. ASSESSMENT OF READINESS AND SURVIVABILITY OF 
                   STRATEGIC FORCES OF THE UNITED STATES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in coordination with the 
     Chairman of the Joint Chiefs of Staff and the Commander of 
     the United States Strategic Command, shall submit to the 
     congressional defense committees a report on the readiness 
     and survivability of the strategic forces of the United 
     States, including recommendations for improving such 
     readiness and survivability.
                                 ______
                                 
  SA 6356. Mr. WHITEHOUSE (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 appropriate place in title X, insert the following:

     SEC. ___. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND 
                   CORRUPTION.

       Section 101 of the National Security Act of 1947 (50 U.S.C. 
     3021) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) coordinate, without assuming operational authority, 
     the United States Government efforts to identify and seize 
     assets that are the proceeds of corruption pertaining to 
     China, Iran, North Korea, or Russia and identifying the 
     national security implications of strategic corruption in 
     such countries.''.
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following:
       ``(h) Coordinator for Combating Foreign Kleptocracy and 
     Corruption.--
       ``(1) In general.--The President shall designate an 
     employee of the National Security Council to be responsible 
     for the coordination of the interagency process for 
     identifying and seizing assets that are that are the proceeds 
     of corruption pertaining to China, Iran, North Korea, or 
     Russia and identifying the national security implications of 
     strategic corruption in such countries.
       ``(2) Reporting.--The employee designated under paragraph 
     (1) shall report to the Council's Senior Director for Europe.
       ``(3) Coordination with coordinator for combating malign 
     foreign influence operations and campaigns.--The employee 
     designated under paragraph (1) of this subsection shall 
     coordinate with the employee designated under subsection 
     (g)(1).
       ``(4) Liaison.--The employee designated under paragraph (1) 
     shall serve as a liaison, for purposes of coordination 
     described in such paragraph, with the following:
       ``(A) The Department of the Treasury.
       ``(B) The Department of Justice.
       ``(C) The Department of Defense.
       ``(D) The intelligence community.
       ``(E) The Department of State.
       ``(F) Good government transparency groups in civil 
     society.''.
                                 ______
                                 
  SA 6357. 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 title XII, add the following:

              Subtitle G--Arsenal of Democracy Act of 2022

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Arsenal of Democracy 
     Act of 2022''.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     House of Representatives.
       (2) Defense article; defense service.--The terms ``defense 
     article'' and ``defense service'' have the meanings given 
     those terms in section 47 of the Arms Export Control Act (22 
     U.S.C. 2794).
       (3) NATO.--The term ``NATO'' means the North Atlantic 
     Treaty Organization.

     SEC. 1283. ARSENAL OF DEMOCRACY FUND FOR THE PROVISION OF 
                   DEFENSE ARTICLES AND DEFENSE SERVICES.

       (a) Establishment of Arsenal of Democracy Fund.--
       (1) In general.--There is established the Arsenal of 
     Democracy Fund (in this section referred to as the ``Fund''), 
     which shall be administered by the Secretary of State, 
     subject to the requirements this section.
       (2) Use of fund.--The Secretary of State may use amounts in 
     the Fund for the following purposes:
       (A) To replace defense articles provided by countries to 
     Ukraine to assist in the defense of Ukraine against Russian 
     aggression.
       (B) To enable countries threatened by Russia to 
     strategically stockpile and transfer defense articles to aid 
     those countries in preparation for--
       (i) protection of civilian populations and defending the 
     territorial integrity of countries against Russian military 
     aggression;
       (ii) ensuring continued sources of supply for non-standard 
     ammunition and spare parts, as necessary, to meet the urgent 
     needs of Ukraine until permanent NATO-standard equipment can 
     be effectively used by the armed forces of Ukraine; or
       (iii) protection of civilians.
       (b) Provision of Defense Articles and Defense Services to 
     Democratic Countries.--
       (1) In general.--In accordance with the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.) and the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2151 et seq.), the Secretary of State is 
     authorized to provide defense articles and defense services 
     pursuant to this section to the countries described in 
     paragraph (2)--
       (A) on a grant, loan, sale, or lease basis, as appropriate; 
     and
       (B) on such terms and conditions as the Secretary 
     determines supports the security of the United States and 
     international security.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Ukraine.
       (B) Any NATO member.
       (C) Any democratic country that has provided defense 
     articles to Ukraine.
       (c) Funding.--
       (1) Authorization of appropriations for arsenal of 
     democracy fund.--There is authorized to be appropriated 
     $12,000,000,000 to the Fund for the period of fiscal years 
     2023 through 2025 to facilitate the provision of defense 
     articles and defense services to the countries described in 
     subsection (b)(2) pursuant to this section.
       (2) Transfer of amounts to special defense acquisition 
     fund.--
       (A) In general.--The Secretary of State may transfer 
     amounts in the Fund to the Special Defense Acquisition Fund 
     established under section 51 of the Arms Export Control Act 
     (22 U.S.C. 2795) for the purchase of defense articles 
     consistent with the Arms Export Control Act (22 U.S.C. 2751 
     et seq.) and the purposes described in subsection (a)(2).
       (B) Exclusion of amounts from limitation.--Amounts 
     transferred under subparagraph (A) shall not count toward the 
     size of the Special Defense Acquisition Fund for purposes of 
     the limitation described in section 51(c)(1) of the Arms 
     Export Control Act (22 U.S.C. 2795(c)(1)).
       (3) Match from nato members in europe.--The President 
     should work with and encourage NATO members to match 
     contributions made by the United States pursuant to this 
     section.
       (d) Fund Transfer Authorizations.--
       (1) Department of state support for defense exportability 
     features.--The Secretary of State may transfer not more than 
     $50,000,000 in any fiscal year from the Fund to the 
     Department of Defense for the purpose of supporting the 
     design and incorporation of exportability features into 
     Department of Defense systems identified for possible future 
     export during the research and development phases of such 
     systems.
       (2) Support for united states replacement defense articles 
     and defense services.--The Secretary of State may transfer 
     not more than $500,000,000 in any fiscal year from the Fund 
     to the Department of Defense--
       (A) for the acquisition of defense articles and defense 
     services for the purposes described in subsection (a)(2); and
       (B) to replace defense articles provided to countries 
     described in subsection (b)(2).
       (3) Department of defense support for arsenal of democracy 
     fund.--The Secretary of Defense may transfer not more than 
     $100,000,000 in any fiscal year to the Fund for the purposes 
     of this subtitle.

     SEC. 1284. SUPPORTING LOANS, LOAN GUARANTEES, AND GRANTS TO 
                   ENHANCE FOREIGN COUNTRIES' DEFENSE AGAINST 
                   RUSSIA.

       (a) In General.--The President is authorized to provide 
     loans, loan guarantees, and grants to the countries described 
     in subsection (b)(2) of section 1283 to support the expansion 
     of the defense production capacity of those countries in a 
     manner consistent with the purposes described in subsection 
     (a)(2) of such section, if the President--
       (1) determines that the provision of such a loan, loan 
     guarantee, or grant is necessary for the security of the 
     United States; and
       (2) submits to the appropriate congressional committees 
     such determination, as specified in subsection (c), prior to 
     the provision of such loan, loan guarantee, or grant.
       (b) Terms and Conditions.--The terms and conditions of any 
     loan, loan guarantee, or grant provided under subsection (a) 
     shall--

[[Page S5894]]

       (1) require that a significant percentage of the defense 
     articles to be produced through the expanded defense 
     production capacity supported by the loan, loan guarantee, or 
     grant will support the defense needs of the country to which 
     the loan, loan guarantee, or grant is provided, consistent 
     with the purposes described in subsection (a)(2) of such 
     section;
       (2) include cooperative measures with United States 
     industry to the maximum extent possible; and
       (3) include such other terms and conditions as the 
     President considers necessary and appropriate.
       (c) Determination.--
       (1) In general.--A determination submitted under subsection 
     (a)(2) shall--
       (A) provide in detail the basis for the President's 
     determination under subsection (a)(1) that the provision of 
     the loan, loan guarantee, or grant is necessary for the 
     security of the United States;
       (B) specify the recipient of the loan, loan guarantee, or 
     grant;
       (C) describe the specific defense production capacity to be 
     expanded;
       (D) specify the terms and conditions of the loan, loan 
     guarantee, or grant, including--
       (i) the condition described in subsection (b)(1); and
       (ii) the percentage of the defense articles to be produced 
     through the expanded defense production capacity supported by 
     the loan, loan guarantee, or grant that will support defense 
     needs as described in subsection (b)(1), disaggregated by 
     country;
       (E) specify the amount of the loan, loan guarantee, or 
     grant; and
       (F) include any other information that the President 
     considers relevant to justify the determination.
       (2) Form.--A determination submitted under subsection 
     (a)(2) shall be unclassified to the maximum extent 
     practicable, but may include a classified annex.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $3,000,000,000 for the period of fiscal 
     years 2023 through 2025 for loans, loan guarantees, and 
     grants provided under subsection (a).

     SEC. 1285. REPORTS.

       (a) Initial Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on the use of the authorities of this subtitle.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A list of--
       (i) all defense articles provided to foreign countries 
     pursuant to section 1283; and
       (ii) the terms and conditions under which such defense 
     articles were provided.
       (B) A description of any loans, loan guarantees, and grants 
     provided under section 1284.
       (b) Subsequent Reports.--Not later than 180 days after the 
     date on which the initial report is submitted under paragraph 
     (1) of subsection (a), and every 180 days thereafter until 
     September 30, 2025, the Secretary of State shall submit to 
     the appropriate congressional committees a report that 
     includes the contents described in paragraph (2) of such 
     subsection for the period covered by the report.
       (c) Form.--Each report required by this section shall be 
     unclassified to the maximum extent practicable, but may 
     include a classified annex.
                                 ______
                                 
  SA 6358. 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. _. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL 
                   PASSENGER VESSELS.

       (a) Restructuring.--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 before section 30503 the following:

      ``Subchapter II--Exoneration and Limitation of Liability'';

     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) Covered small passenger vessel.--The term `covered 
     small passenger vessel'--
       ``(A) means a small passenger vessel, as defined in section 
     2101 that is--
       ``(i) not a wing-in-ground craft; and
       ``(ii) carrying--

       ``(I) not more than 49 passengers on an overnight domestic 
     voyage; and
       ``(II) not more than 150 passengers on any voyage that is 
     not an overnight domestic voyage; and

       ``(B) includes any wooden vessel constructed prior to March 
     11, 1996, carrying at least 1 passenger for hire.
       ``(2) Owner.--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.''.
       (c) Clerical Amendment.--The item relating to section 30501 
     in the analysis for chapter 305 of title 46, United States 
     Code, is amended to read as follows:

``Sec. 30501. Definitions.''.
       (d) Applicability.--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 sections 30521 and 30531) 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) section 30531 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.''.
       (e) Provisions Requiring Notice of Claim or Limiting Time 
     for Bringing Action.--Section 30526 of title 46, United 
     States Code, as redesignated by subsection (a), is amended--
       (1) in subsection (b)(1), by striking ``6 months'' and 
     inserting ``2 years''; and
       (2) in subsection (b)(2), by striking ``one year'' and 
     inserting ``2 years''.
       (f) Other Rules for Small Passenger Vessels.--Subchapter II 
     of chapter 305 of title 46, United States Code, as amended by 
     this section, is further amended by adding at the end the 
     following:

     ``Sec. 30531. 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 [__(i)] of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023.''.
       (g) Table of Subchapters and Chapter Analysis.--The chapter 
     analysis 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 inserting after the item relating to section 30530 
     the following:

``Sec. 30531. Exoneration and limitation of liability provisions.''.
       (h) 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), 
     by striking ``section 30506'' and inserting ``section 
     30524'';
       (3) in section 30524(b), as redesignated by subsection (a), 
     by striking ``section 30505'' and inserting ``section 
     30523''; and
       (4) in section 30525, as redesignated by subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``sections 30505 and 30506'' and inserting ``sections 30523 
     and 30524'';
       (B) in paragraph (1), by striking ``section 30505'' and 
     inserting ``section 30523''; and
       (C) in paragraph (2), by striking ``section 30506(b)'' and 
     inserting ``section 30524(b)''.
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take

[[Page S5895]]

     effect as if enacted into law on September 2, 2019.
                                 ______
                                 
  SA 6359. 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 C of title VIII, add the following:

     SEC. 848. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE UNDER 
                   DEFENSE PRODUCTION ACT OF 1950.

       Section 702(7)(A) of the Defense Production Act of 1950 (50 
     U.S.C. 4552(7)(A)) is amended by striking ``the United States 
     or Canada'' and inserting ``the United States, the United 
     Kingdom, Australia, or Canada (or, in the case of actions 
     carried out pursuant to Presidential Determination No. 2022-
     11 (87 Fed. Reg. 19775), the United States)''.
                                 ______
                                 
  SA 6360. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to 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. ___. FUNDING FOR RESEARCH AND DEVELOPMENT RELATING TO 
                   RARE EARTH ELEMENTS.

       (a) Increase.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated for the National Defense Stockpile Transaction 
     Fund, as specified the funding table in section 4501, is 
     hereby increased by $2,000,000 (with the amount of such 
     increase to be used to strengthen and implement the domestic 
     industrial base for rare earth metallization related to 
     permanent magnet production and related projects.
       (b) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 201 for research, development, test, 
     and evaluation, Army, as specified in the corresponding 
     funding table in section 4201, for system development and 
     demonstration, integrated personnel and pay system-Army 
     (IPPS-A) (PE 0605018A), line 123, is hereby reduced by 
     $2,000,000.
                                 ______
                                 
  SA 6361. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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. REPORT ON STRATEGIC AND CRITICAL MATERIALS.

       (a) Finding.--Congress finds that the annex provided by the 
     Department of Defense under section 851 of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3773) did not 
     contain every element required under such section.
       (b) Report Required.--Not later than June 1, 2023, the 
     Under Secretary of Defense for Acquisition and Sustainment 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report describing 
     strategic and critical materials requirements of the 
     Department of Defense, including the gaps and vulnerabilities 
     in supply chains of such materials.
       (c) Elements.--The Under Secretary shall include in the 
     report required by subsection (b) the following:
       (1) The overall annual tonnage of each strategic or 
     critical material used by the Department of Defense during 
     the 10-year period ending on December 31, 2021.
       (2) An evaluation of the benefits of a robust domestic 
     supply chain for strategic and critical materials.
       (3) An evaluation of the effects of the use of waivers by 
     the Strategic Materials Protection Board established under 
     section 187 of title 10, United States Code, on the domestic 
     supply of strategic and critical materials.
       (4) An identification of the improvements to the National 
     Defense Stockpile that are required to further ensure that 
     the Department of Defense has access to strategic and 
     critical materials, aligning the goals of the stockpile with 
     those of the Department and prioritize existing and future 
     needs for emerging technologies.
       (5) An evaluation of the domestic processing and 
     manufacturing capacity required to supply strategic and 
     critical materials to the Department of Defense, including 
     identifying, in consultation with the Director of the United 
     States Geological Survey, domestic locations of proven 
     sources of such strategic and critical materials with 
     existing commercial manufacturing capabilities.
       (6) An identification of all minerals that are strategic 
     and critical materials, and supply chains for such minerals, 
     that originate in or pass through the Russian Federation.
       (7) An evaluation of the process required to immediately 
     halt the procurement of minerals described in paragraph (6) 
     or products by the Federal Government without adversely 
     affecting national security.
       (8) Any limits on the availability of information 
     preventing or limiting the Under Secretary from fully 
     addressing an element described in paragraphs (1) through (7) 
     in the report.
       (9) Any legislative recommendations, statutory authority, 
     or appropriations necessary to improve the ability of the 
     Department to monitor and address its strategic and critical 
     materials requirements.
       (d) Form.--The report required in subsection (b) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (e) Strategic and Critical Materials Defined.--In this 
     section, the term ``strategic and critical materials'' has 
     the meaning given such term in section 12 of the Strategic 
     and Critical Materials Stock Piling Act (50 U.S.C. 98h-3).
                                 ______
                                 
  SA 6362. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE 
                   AUTHORIZATION EXCEPTION TO CERTAIN EXPORT 
                   CONTROL LICENSING REQUIREMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) Taiwan has adopted high standards in the field of 
     export controls.
       (2) Taiwan has declared its unilateral adherence to the 
     Missile Technology Control Regime, the Wassenaar Arrangement, 
     the Australia Group, and the Nuclear Suppliers Group.
       (3) At the request of President George W. Bush, section 
     1206 of the Foreign Relations Authorization Act, Fiscal Year 
     2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that 
     Taiwan be treated as if it were designated as a major non-
     NATO ally (as defined in section 644(q) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(q)).
       (b) Eligibility for Strategic Trade Authorization.--The 
     President, consistent with the commitments of the United 
     States under international arrangements, shall take steps so 
     that Taiwan may be treated as if it were included in the list 
     of countries eligible for the strategic trade authorization 
     exception under section 740.20(c)(1) of the Export 
     Administration Regulations to the requirement for a license 
     for the export, re-export, or in-country transfer of an item 
     subject to controls under the Export Administration 
     Regulations.
       (c) Criteria.--Before the President may treat Taiwan as 
     eligible for the exception described in subsection (b), the 
     President shall ensure that Taiwan satisfies any applicable 
     criteria normally required for inclusion in the Country Group 
     A:5 list set forth in Supplement No. 1 to part 740 of the 
     Export Administration Regulations, particularly with respect 
     to alignment of export control policies with such policies of 
     the United States.
       (d) Export Administration Regulations Defined.--In this 
     section, the term ``Export Administration Regulations'' has 
     the meaning given that term in section 1742 of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4801).
                                 ______
                                 
  SA 6363. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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:

[[Page S5896]]

  


     SEC. 1077. PROTECTION OF ELECTRIC GRID OF UNITED STATES FROM 
                   CYBER WARFARE AND ELECTROMAGNETIC PULSE 
                   THREATS.

       (a) In General.--The Secretary of Defense and the Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     provide information and resources, including through the 
     procurement or construction of large power transformers, to 
     entities described in subsection (b) to protect the electric 
     grid of the United States from cyber warfare and 
     electromagnetic pulse threats, including--
       (1) a high-altitude nuclear electromagnetic pulse attack;
       (2) a natural electromagnetic pulse generated by a solar 
     superstorm; and
       (3) other cyber electromagnetic pulse threats, such as 
     radiofrequency weapons.
       (b) Entities Described.--The entities described in this 
     subsection are the following:
       (1) State governmental entities responsible for national 
     and homeland security.
       (2) Public utility commissions.
       (3) The North American Electric Reliability Corporation.
       (4) Utilities that supply electricity to military 
     installations and critical defense industries, as determined 
     by the Secretary of Defense, within the continental United 
     States.
       (c) Funding.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of Defense $4,000,000,000 to carry out this 
     section.
       (2) Offset.--Of the unobligated balances made available 
     under the American Rescue Plan Act of 2021 (Public Law 117-2; 
     135 Stat. 4), or an amendment made by such Act, there is 
     rescinded, on a pro rata basis, $4,000,000,000.
                                 ______
                                 
  SA 6364. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. USE OF CERTAIN DOMESTICALLY PRODUCED MEDICAL 
                   ISOTOPES BY DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Increased Use.--Beginning not later than September 30, 
     2023, the Secretary of Defense and the Secretary of Veterans 
     Affairs shall take steps to increase the use of technetium 
     99m patient doses procured from domestically manufactured 
     molybdenum 99 (including by developing a plan to increase the 
     use of technetium 99m patient doses procured from 
     domestically manufactured molybdenum 99) only if such 
     increase does not result in a cost increase compared to the 
     competitive market.
       (b) Report.--Not later than September 30, 2023, and on an 
     annual basis thereafter until September 30, 2028, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly submit to the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives a report on the percentage of technetium 
     99m patient doses procured by each Secretary from 
     domestically manufactured molybdenum 99 during the one-year 
     period preceding the date of the report.
                                 ______
                                 
  SA 6365. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. COUNTERING EMERGING AERIAL THREATS TO DIPLOMATIC 
                   SECURITY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2561a et seq.) is amended by adding at the 
     end the following:

     ``SEC. 64. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Commerce, Science, and 
     Transportation, and the Select Committee on Intelligence of 
     the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Transportation and 
     Infrastructure, the Committee on Energy and Commerce, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       ``(2) The term `budget', with respect to a fiscal year, 
     means the budget for that fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31, 
     United States Code.
       ``(3) The term `covered facility or asset' means any 
     facility or asset that--
       ``(A) is identified as high-risk and a potential target for 
     unlawful unmanned aircraft activity by the Secretary of 
     State, in coordination with the Secretary of Transportation 
     with respect to potentially impacted airspace, through a 
     risk-based assessment;
       ``(B) is located in the United States; and
       ``(C) directly relates to the security or protection 
     operations of the Department of State, including operations 
     pursuant to--
       ``(i) section 37; or
       ``(ii) the Omnibus Diplomatic Security and Antiterrorism 
     Act of 1986 (22 U.S.C. 4801 et seq.).
       ``(4) The terms `electronic communication', `intercept', 
     `oral communication', and `wire communication' have the 
     meanings given those terms in section 2510 of title 18, 
     United States Code.
       ``(5)(A) The term `personnel' means--
       ``(i) an officer, employee, or contractor of the Department 
     of State, who is authorized to perform duties that include 
     safety, security, or protection of people, facilities, or 
     assets; or
       ``(ii) an employee who is trained and certified to perform 
     those duties, including training specific to countering 
     unmanned aircraft threats and mitigating risks in the 
     national airspace.
       ``(B) To qualify for use of the authorities described in 
     subsection (b), a contractor conducting operations described 
     in that subsection must--
       ``(i) be directly contracted by the Department of State;
       ``(ii) provide, in the contract, insurance coverage 
     sufficient to compensate tort victims;
       ``(iii) operate at a government-owned or government-leased 
     facility or asset;
       ``(iv) not conduct inherently governmental functions;
       ``(v) be trained to safeguard privacy and civil liberties; 
     and
       ``(vi) be trained and certified, including use-of-force 
     training and certification, by the Department of State to 
     meet the established standards and regulations of the 
     Department of State.
       ``(6) The term `risk-based assessment' means an evaluation 
     of threat information specific to a covered facility or asset 
     and, with respect to potential impacts on the safety and 
     efficiency of the national airspace system and the needs of 
     law enforcement and national security at each covered 
     facility or asset identified by the Secretary of State, of 
     each of the following factors:
       ``(A) Potential impacts to safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems or unmanned 
     aircraft, aviation safety, airport operations, 
     infrastructure, and air navigation services relating to the 
     use of any system or technology for carrying out the actions 
     described in subsection (c).
       ``(B) Options for mitigating any identified impacts to the 
     national airspace system relating to the use of any system or 
     technology, including minimizing, when possible, the use of 
     any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (c).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (c) to the national airspace system 
     and infrastructure if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of law enforcement and national 
     security.
       ``(E) The setting and character of any covered facility or 
     asset, including--
       ``(i) whether the covered facility or asset is located in a 
     populated area or near other structures;
       ``(ii) whether the covered facility or asset is open to the 
     public;
       ``(iii) whether the covered facility or asset is used for 
     nongovernmental functions; and
       ``(iv) any potential for interference with wireless 
     communications or for injury or damage to persons or 
     property.
       ``(F) Potential consequences to national security, public 
     safety, or law enforcement if threats posed by unmanned 
     aircraft systems or unmanned aircraft are not mitigated or 
     defeated.
       ``(7) The terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 44801 
     of title 49, United States Code.
       ``(b) Authority of the Department of State.--
     Notwithstanding section 46502 of title 49, United States 
     Code, or sections 32, 1030, 1367, and chapters 119 and 206 of 
     title 18, United States Code, the Secretary of State may 
     take, and may authorize personnel with assigned duties that 
     include the safety, security, or protection of people, 
     facilities, or assets to take, actions described in 
     subsection (c) that are necessary to detect, identify, 
     monitor, track, and mitigate a credible threat (as defined by 
     the Secretary of State, in consultation with the Secretary of 
     Transportation through the Administrator of the Federal 
     Aviation Administration) that an unmanned aircraft system or 
     unmanned aircraft poses to the safety or security of a 
     covered facility or asset.
       ``(c) Actions Described.--
       ``(1) In general.--The actions authorized by subsection (b) 
     are the following:

[[Page S5897]]

       ``(A) During the operation of the unmanned aircraft system 
     or unmanned aircraft, detect, identify, monitor, and track 
     the unmanned aircraft system or unmanned aircraft, without 
     prior consent, including by means of intercept or other 
     access of a wire communication, an oral communication, or an 
     electronic communication used to control the unmanned 
     aircraft system or unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by passive or active, and direct 
     or indirect, physical, electronic, radio, and electromagnetic 
     means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent of the operator of 
     the unmanned aircraft system or unmanned aircraft, including 
     by disabling the unmanned aircraft system or unmanned 
     aircraft by intercepting, interfering, or causing 
     interference with wire, oral, electronic, or radio 
     communications used to control the unmanned aircraft system 
     or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to disable, 
     damage, or destroy the unmanned aircraft system or unmanned 
     aircraft.
       ``(2) Temporary flight restrictions.--A temporary flight 
     restriction shall be timely published prior to undertaking 
     any actions described in paragraph (1).
       ``(d) Research, Testing, Training, and Evaluation.--
       ``(1) Requirement.--
       ``(A) In general.--Notwithstanding section 46502 of title 
     49, United States Code, or any provision of title 18, United 
     States Code, the Secretary of State shall conduct research, 
     testing, training on, and evaluation of any equipment, 
     including any electronic equipment, to determine the 
     capability and utility of the equipment prior to the use of 
     the equipment in carrying out any action described in 
     subsection (c).
       ``(B) Coordination.--Personnel and contractors who do not 
     have duties that include the safety, security, or protection 
     of people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(2) Coordination for research, testing, training, and 
     evaluation.--The Secretary of State shall coordinate 
     procedures governing research, testing, training, and 
     evaluation to carry out any provision under this subsection 
     with the Administrator of the Federal Aviation Administration 
     before initiating such activity in order that the 
     Administrator of the Federal Aviation Administration may 
     ensure the activity does not adversely impact or interfere 
     with safe airport operations, navigation, air traffic 
     services, or the safe and efficient operation of the national 
     airspace system.
       ``(e) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is seized by the Secretary of State pursuant to 
     subsection (b) is subject to forfeiture to the United States 
     pursuant to the provisions of chapter 46 of title 18, United 
     States Code.
       ``(f) Regulations and Guidance.--The Secretary of State, 
     and the Secretary of Transportation--
       ``(1) may prescribe regulations to carry out this section; 
     and
       ``(2) in developing regulations described in paragraph (1), 
     consult the Chair of the Federal Communications Commission, 
     the Administrator of the National Telecommunications and 
     Information Administration, and the Administrator of the 
     Federal Aviation Administration.
       ``(g) Coordination.--
       ``(1) In general.--The Secretary of State shall coordinate 
     with the Administrator of the Federal Aviation Administration 
     before carrying out any action authorized under this section 
     in order that the Administrator may ensure the action does 
     not adversely impact or interfere with--
       ``(A) safe airport operations;
       ``(B) navigation;
       ``(C) air traffic services; or
       ``(D) the safe and efficient operation of the national 
     airspace system.
       ``(2) Guidance.--Before issuing any guidance, or otherwise 
     implementing this section, the Secretary of State shall, 
     coordinate with--
       ``(A) the Secretary of Transportation in order that the 
     Secretary of Transportation may ensure the guidance or 
     implementation does not adversely impact or interfere with 
     any critical infrastructure relating to transportation; and
       ``(B) the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     guidance or implementation does not adversely impact or 
     interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system.
       ``(3) Coordination with the faa.--The Secretary of State 
     shall coordinate the development of guidance under subsection 
     (f) with the Secretary of Transportation (through the 
     Administrator of the Federal Aviation Administration).
       ``(4) Coordination with the department of transportation 
     and national telecommunications and information 
     administration.--The Secretary of State shall coordinate the 
     development of the actions described in subsection (c) with 
     the Secretary of Transportation (through the Administrator of 
     the Federal Aviation Administration) and the Assistant 
     Secretary of Commerce for Communications and Information and 
     Administrator of the National Telecommunications and 
     Information Administration.
       ``(h) Privacy Protection.--
       ``(1) In general.--Any regulation or guidance issued to 
     carry out an action under subsection (c) by the Secretary of 
     State shall ensure for the Department of State, that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of any communication to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with the First 
     and Fourth Amendments to the Constitution of the United 
     States and any applicable provision of Federal law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft are intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (c);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary 
     of State determines that maintenance of the record is--
       ``(i) required under Federal law;
       ``(ii) necessary for the purpose of litigation; and
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by unmanned aircraft systems or unmanned aircraft; 
     and

       ``(D) a communication described in subparagraph (B) is not 
     disclosed to any person not employed or contracted by the 
     Department of State unless the disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) will support--

       ``(I) the Department of Defense;
       ``(II) a Federal law enforcement, intelligence, or security 
     agency;
       ``(III) a State, local, Tribal, or territorial law 
     enforcement agency; or
       ``(IV) another relevant entity or person if the entity or 
     person is engaged in a security or protection operation;

       ``(iii) is necessary to support a department or agency 
     listed in clause (ii) in investigating or prosecuting a 
     violation of law;
       ``(iv) will support the enforcement activities of a Federal 
     regulatory agency relating to a criminal or civil 
     investigation of, or any regulatory, statutory, or other 
     enforcement action relating to, an action described in 
     subsection (c);
       ``(v) is between the Department of State and a Federal law 
     enforcement agency in the course of a security or protection 
     operation of either agency or a joint operation of such 
     agencies; or
       ``(vi) is otherwise required by law;
       ``(i) Budget.--
       ``(1) In general.--The Secretary of State shall submit to 
     Congress, as a part of the budget materials of the Department 
     of State for each fiscal year after fiscal year 2023, a 
     consolidated funding display that identifies the funding 
     source for the actions described in subsection (c) within the 
     Department of State.
       ``(2) Classification.--Each funding display submitted under 
     paragraph (1) shall be in unclassified form but may contain a 
     classified annex.
       ``(j) Public Disclosures.--
       ``(1) In general.--Information shall be governed by the 
     disclosure obligations set forth in section 552 of title 5, 
     United States Code (commonly known as the `Freedom of 
     Information Act'), if the information relates to--
       ``(A) any capability, limitation, or sensitive detail of 
     the operation of any technology used to carry out an action 
     described in subsection (c); or
       ``(B) an operational procedure or protocol used to carry 
     out this section.
       ``(2) Access.--Any request for public access to information 
     described in paragraph (1) shall be submitted to the 
     Department of State, which shall process the request as 
     required under section 552(a)(3) of title 5, United States 
     Code.
       ``(k) Assistance and Support.--
       ``(1) Facilities and services of other agencies and non-
     federal entities.--
       ``(A) In general.--The Secretary of State is authorized to 
     use or accept from any other Federal agency, or any other 
     public or private entity, any supply or service to facilitate 
     or carry out any action described in subsection (c).
       ``(B) Reimbursement.--In accordance with subparagraph (A), 
     the Secretary of State may accept any supply or service with 
     or without reimbursement to the entity providing the supply 
     or service and notwithstanding any provision of law that 
     would prevent the use or acceptance of the supply or service.
       ``(C) Agreements.--To implement the requirements of 
     subsection (a)(3)(C), the Secretary of State may enter into 1 
     or more agreements with the head of another executive agency 
     or with an appropriate official of a non-Federal public or 
     private agency or entity, as may be necessary and proper to 
     carry out the responsibilities of the Secretary of State 
     under this section.

[[Page S5898]]

       ``(l) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning 180 days 
     after the date of the enactment of this section, the 
     Secretary of State shall provide a briefing to the 
     appropriate committees of Congress on the activities carried 
     out pursuant to this section.
       ``(2) Requirement.--The Secretary of State shall conduct 
     the briefing required under paragraph (1) jointly with the 
     Secretary of Transportation.
       ``(3) Content.--Each briefing required under paragraph (1) 
     shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of activities carried out pursuant to this 
     section to the national airspace system and other critical 
     infrastructure relating to national transportation;
       ``(B) a description of--
       ``(i) each instance in which any action described in 
     subsection (c) has been taken, including any instances that 
     may have resulted in harm, damage, or loss to a person or to 
     private property;
       ``(ii) the guidance, policies, or procedures established by 
     the Secretary of State to address privacy, civil rights, and 
     civil liberties issues implicated by the actions permitted 
     under this section, as well as any changes or subsequent 
     efforts by the Secretary of State that would significantly 
     affect privacy, civil rights, or civil liberties;
       ``(iii) options considered and steps taken by the Secretary 
     of State to mitigate any identified impacts to the national 
     airspace system relating to the use of any system or 
     technology, including the minimization of the use of any 
     technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (c); and
       ``(iv) each instance in which a communication intercepted 
     or acquired during the course of operations of an unmanned 
     aircraft system or unmanned aircraft was--

       ``(I) held in the possession of the Department of State for 
     more than 180 days; or
       ``(II) shared with any entity other than the Department of 
     State;

       ``(C) an explanation of how the Secretary of State and the 
     Secretary of Transportation have--
       ``(i) informed the public as to the possible use of 
     authorities granted under this section; and
       ``(ii) engaged with Federal, State, local, Tribal, and 
     territorial law enforcement agencies to implement and use 
     authorities granted under this section; and
       ``(D) a description of the impact of the authorities 
     granted under this section on--
       ``(i) lawful operator access to national airspace; and
       ``(ii) unmanned aircraft systems and unmanned aircraft 
     integration into the national airspace system.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(m) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) vest in the Secretary of State any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration;
       ``(2) vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Secretary of State; or
       ``(3) provide a new basis of liability with respect to an 
     officer of a State, local, Tribal, or territorial law 
     enforcement agency who participates in a security or 
     protection operation of the Department of State and in so 
     doing--
       ``(A) is acting in the official capacity of the individual 
     as an officer; and
       ``(B) does not exercise the authority granted to the 
     Secretary of State by this section.
       ``(n) Termination.--The authority provided by subsection 
     (b) shall terminate on the date that is 4 years after the 
     date of the enactment of this section.
       ``(o) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Secretary of State with additional 
     authorities beyond those described in subsection (b).''.
                                 ______
                                 
  SA 6366. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

       Section 303 of the Diplomatic Security Act of 1986 (22 
     U.S.C. 4833) is amended to read as follows:

     ``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

       ``(a) Investigation Process.--
       ``(1) Initiation upon reported incident.--A United States 
     mission shall submit an initial report of a Serious Security 
     Incident not later than 3 days after such incident occurs, 
     whenever feasible, at which time an investigation of the 
     incident shall be initiated.
       ``(2) Investigation.--Not later than 10 days after the 
     submission of a report pursuant to paragraph (1), the 
     Secretary shall direct the Diplomatic Security Service to 
     assemble an investigative team to investigate the incident 
     and independently establish what occurred. Each investigation 
     under this subsection shall cover--
       ``(A) an assessment of what occurred, who perpetrated or is 
     suspected of having perpetrated the Serious Security 
     Incident, and whether applicable security procedures were 
     followed;
       ``(B) in the event the Serious Security Incident involved a 
     United States diplomatic compound, motorcade, residence, or 
     other facility, an assessment of whether adequate security 
     countermeasures were in effect based on known threat at the 
     time of the incident;
       ``(C) if the incident involved an individual or group of 
     officers, employees, or family members under Chief of Mission 
     security responsibility conducting approved operations or 
     movements outside the United States mission, an assessment of 
     whether proper security briefings and procedures were in 
     place and whether weighing of risk of the operation or 
     movement took place; and
       ``(D) an assessment of whether the failure of any officials 
     or employees to follow procedures or perform their duties 
     contributed to the security incident.
       ``(3) Investigative team.--The investigative team assembled 
     pursuant to paragraph (2) shall consist of individuals from 
     the Diplomatic Security Service who shall provide an 
     independent examination of the facts surrounding the incident 
     and what occurred. The Secretary, or the Secretary's 
     designee, shall review the makeup of the investigative team 
     for a conflict, appearance of conflict, or lack of 
     independence that could undermine the results of the 
     investigation and may remove or replace any members of the 
     team to avoid such an outcome.
       ``(b) Investigation Procedures.--
       ``(1) Procedures with respect to federal employees and 
     contractors.--
       ``(A) Authorized actions.--With respect to any individual 
     described in subparagraph (C), an investigative team 
     conducting an investigation pursuant to subsection (a)(2) 
     may--
       ``(i) administer oaths and affirmations;
       ``(ii) require that depositions be given and 
     interrogatories answered; and
       ``(iii) require the attendance and presentation of 
     testimony and evidence by such individual.
       ``(B) Failure to comply.--Failure of an individual 
     described in subparagraph (C) to comply with a request of an 
     investigative team under subparagraph (A) shall be grounds 
     for disciplinary action by the head of the Federal agency in 
     which such individual is employed or serves, or in the case 
     of a contractor, debarment.
       ``(C) Federal employees and contractors.--The individuals 
     described in this paragraph are--
       ``(i) employees (as defined in section 2105 of title 5, 
     United States Code);
       ``(ii) members of the Foreign Service;
       ``(iii) members of the uniformed services (as defined in 
     section 101(3) of title 37, United States Code);
       ``(iv) employees of instrumentalities of the United States; 
     and
       ``(v) individuals employed by any person or entity under 
     contract with agencies or instrumentalities of the United 
     States Government to provide services, equipment, or 
     personnel.
       ``(2) Procedures with respect to other persons.--With 
     respect to a person who is not described in subparagraph 
     (1)(C), an investigative team conducting an investigation 
     pursuant to subsection (a)(2) may--
       ``(A) administer oaths and affirmations; and
       ``(B) require that depositions be given and interrogatories 
     answered.
       ``(3) Subpoenas.--
       ``(A) In general.--An investigative team may issue a 
     subpoena for the attendance and testimony of any person 
     (other than an individual described in clause (i), (ii), 
     (iii), or (iv) of paragraph (1)(C)) and the production of 
     documentary or other evidence from any such person if the 
     investigative team finds that such a subpoena is necessary in 
     the interests of justice for the development of relevant 
     evidence.
       ``(B) Refusal to comply.--In the case of contumacy or 
     refusal to obey a subpoena issued under this subparagraph, a 
     court of the United States within the jurisdiction of which a 
     person is directed to appear or produce information, or 
     within the jurisdiction of which the person is found, 
     resides, or transacts business, may upon application of the 
     Attorney General, issue to such person an order requiring 
     such person to appear before the investigative team to give 
     testimony or produce information as required by the subpoena.
       ``(C) Witness fees.--Subpoenaed witnesses shall be paid the 
     same fee and mileage allowances which are paid subpoenaed 
     witnesses in the courts of the United States.
       ``(c) Report of Investigation.--Not later than 90 days 
     after the occurrence of a Serious Security Incident, the 
     investigative team investigating the incident shall prepare 
     and submit a Report of Investigation to the Security Review 
     Committee that includes--
       ``(1) a detailed description of the matters set forth in 
     subparagraphs (A) through (D) of subsection (a)(2), including 
     all related findings;

[[Page S5899]]

       ``(2) a complete and accurate account of the casualties, 
     injuries, and damage resulting from the incident; and
       ``(3) a review of security procedures and directives in 
     place at the time of the incident.
       ``(d) Confidentiality.--The investigative team 
     investigating a Serious Security Incident shall adopt such 
     procedures with respect to confidentiality as determined 
     necessary, including procedures relating to the conduct of 
     closed proceedings or the submission and use of evidence in 
     camera, to ensure in particular the protection of classified 
     information relating to national defense, foreign policy, or 
     intelligence matters. The Director of National Intelligence 
     shall establish the level of protection required for 
     intelligence information and for information relating to 
     intelligence personnel included in the report required under 
     subsection (c). The Security Review Committee shall determine 
     the level of classification of the final report prepared 
     pursuant to section 304(d), and shall incorporate the same 
     confidentiality measures in such report to the maximum extent 
     practicable.
       ``(e) Status of an Investigative Team.--The provisions of 
     the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
     and section 552b of title 5, United States Code, (relating to 
     open meetings) shall not apply to any investigative team 
     assembled pursuant to subsection (a)(2).''.
                                 ______
                                 
  SA 6367. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 Family of Medium Tactical Vehicles (FMTV), strike the 
     amount in the Senate Authorized column and insert 
     ``187,086''.

       In the funding table in section 4101, in the item relating 
     to Family of Heavy Tactical Vehicles (FHTV), strike the 
     amount in the Senate Authorized column and insert 
     ``284,112''.

       In the funding table in section 4101, in the item relating 
     to Total Other Procurement, Army, strike the amount in the 
     Senate Authorized column and insert ``9,247,739''.
                                 ______
                                 
  SA 6368. 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 of subtitle C of title VIII, add the following:

     SEC. 848. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE UNDER 
                   DEFENSE PRODUCTION ACT OF 1950.

       Section 702(7)(A) of the Defense Production Act of 1950 (50 
     U.S.C. 4552(7)(A)) is amended by striking ``the United States 
     or Canada'' and inserting ``the United States, the United 
     Kingdom, Australia, or Canada (or, in the case of actions 
     carried out pursuant to Presidential Determination No. 2022-
     11 (87 Fed. Reg. 19775), the United States or Canada)''.
                                 ______
                                 
  SA 6369. Mr. YOUNG (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 end of title XII, add the following:

          Subtitle G--Countering Economic Coercion Act of 2022

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Countering Economic 
     Coercion Act of 2022''.

     SEC. 1282. SENSE OF CONGRESS.

       The following is the sense of Congress:
       (1) Foreign adversaries are increasingly using economic 
     coercion to pressure, punish, and influence United States 
     allies and partners.
       (2) Economic coercion causes economic harm to United States 
     allies and partners and creates malign influence on the 
     sovereign political actions of such allies and partners.
       (3) Economic coercion of United States allies and partners 
     has negative effects on the national security of the United 
     States.
       (4) Economic coercion is often characterized by--
       (A) arbitrary and discriminatory actions that seek to 
     interfere with sovereign actions, violate international trade 
     rules, and run counter to the rules-based international 
     order;
       (B) capricious and non-transparent actions taken without 
     due process afforded;
       (C) intimidation or threats of punitive actions; and
       (D) informal actions that take place without explicit 
     government action.
       (5) Recent acts of economic coercion have included 
     instances in which foreign adversaries have--
       (A) acted in a capricious and non-transparent manner to 
     prevent or dissuade consumers from purchasing imports from a 
     foreign trading partner;
       (B) enacted discriminatory administrative fees or technical 
     barriers to trade in goods and services in response to 
     sovereign political actions taken by a foreign trading 
     partner;
       (C) arbitrarily restricted market access or otherwise 
     limited the import of goods or services from a foreign 
     trading partner;
       (D) arbitrarily restricted investment in or export of goods 
     or services to a foreign trading partner; and
       (E) acted in a non-transparent manner to manipulate a 
     private entity with the intent of causing economic harm to or 
     influencing sovereign political actions of a foreign trading 
     partner.
       (6) Existing mechanisms for trade dispute resolution and 
     international arbitration are inadequate for responding to 
     economic coercion in a timely and effective manner as foreign 
     adversaries exploit plausible deniability and lengthy 
     processes to evade accountability.
       (7) The United States should provide material support to 
     foreign trading partners affected by economic coercion.
       (8) Supporting foreign trading partners affected by 
     economic coercion can lead to opportunities for United States 
     businesses, investors, and workers to reach new markets and 
     customers.
       (9) Responding to economic coercion will be most effective 
     when the United States provides relief to affected foreign 
     trading partners in coordination with allies and like-minded 
     countries.
       (10) Such coordination will further demonstrate broad 
     resolve against economic coercion.

     SEC. 1283. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees''--
       (A) means--
       (i) the Committee on Foreign Relations of the Senate; and
       (ii) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (B) includes--
       (i) with respect to the exercise of any authority under 
     section 1285(a)(1) or 1285(b)--

       (I) the Committee on Finance of the Senate; and
       (II) the Committee on Ways and Means of the House of 
     Representatives; and

       (ii) with respect to the exercise of any authority under 
     paragraphs (6) or (8) of section 1285(a)--

       (I) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate; and
       (II) the Committee on Financial Services of the House of 
     Representatives.

       (2) Economic coercion.--The term ``economic coercion'' 
     means actions, practices, or threats undertaken by a foreign 
     adversary to restrain, obstruct, or manipulate trade, foreign 
     aid, investment, or commerce in an arbitrary, capricious, or 
     non-transparent manner with the intention to cause economic 
     harm to achieve strategic political objectives or influence 
     sovereign political actions.
       (3) Export; export administration regulations; in-country 
     transfer; reexport.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', and 
     ``reexport'' have the meanings given those terms in section 
     1742 of the Export Control Reform Act of 2018 (50 U.S.C. 
     4801).
       (4) Foreign adversary.--The term ``foreign adversary'' has 
     the meaning given that term in section 8(c)(2) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c)(2))).
       (5) Foreign trading partner.--The term ``foreign trading 
     partner'' means a jurisdiction that is a trading partner of 
     the United States.

     SEC. 1284. DETERMINATION OF ECONOMIC COERCION.

       (a) In General.--If the President determines that a foreign 
     trading partner is subject to economic coercion by a foreign 
     adversary, the President may exercise, in a manner 
     proportionate to the economic coercion, any authority 
     described--
       (1) in section 1285(a) to support or assist the foreign 
     trading partner; or
       (2) in section 1285(b) to penalize the foreign adversary.
       (b) Information; Hearings.--To inform any determination or 
     exercise of authority under subsection (a), the President 
     shall--
       (1) consult with the Secretary of State, the Secretary of 
     Commerce, the Secretary of the Treasury, the United States 
     Trade Representative, and the heads of other Federal 
     agencies, as the President considers appropriate;

[[Page S5900]]

       (2) seek information and advice from and consult with other 
     relevant officers of the United States; and
       (3) afford other interested parties an opportunity to 
     present relevant information and advice.
       (c) Consultation With Congress.--The President shall 
     consult with the appropriate congressional committees--
       (1) before exercising any authority under subsection (a); 
     and
       (2) not less frequently than once every 180 days for the 
     duration of the exercise of such authority.
       (d) Notice.--Not later than 30 days after the date that the 
     President determines that a foreign trading partner is 
     subject to economic coercion or exercises any authority under 
     subsection (a), the President shall publish in the Federal 
     Register--
       (1) a notice of the determination or exercise of authority; 
     and
       (2) a description of the circumstances that led to such 
     determination or exercise of authority.
       (e) Revocation of Determination.--
       (1) In general.--Any determination made by the President 
     under subsection (a) shall be revoked on the earliest of--
       (A) the date that is 2 years after the date of such 
     determination;
       (B) the date of the enactment of a joint resolution 
     revoking the determination; or
       (C) the date on which the President issues a proclamation 
     revoking the determination.
       (2) Termination of authorities.--Any authority described in 
     section 1285(a) exercised pursuant to a determination that 
     has been revoked under paragraph (1) shall cease to be 
     exercised on the date of such revocation, except that such 
     revocation shall not affect--
       (A) any action taken or proceeding pending not finally 
     concluded or determined on such date; or
       (B) any rights or duties that matured or penalties that 
     were incurred prior to such date.

     SEC. 1285. AUTHORITIES TO ASSIST FOREIGN TRADING PARTNERS 
                   AFFECTED BY ECONOMIC COERCION.

       (a) Authorities With Respect to Foreign Trading Partners.--
     The authorities described in this subsection are the 
     following:
       (1) Subject to section 1286, with respect to goods imported 
     into the United States from a foreign trading partner subject 
     to economic coercion by a foreign adversary--
       (A) the reduction or elimination of duties; or
       (B) the modification of tariff-rate quotas.
       (2) Requesting appropriations for foreign aid to the 
     foreign trading partner.
       (3) Expedited decisions with respect to the issuance of 
     licenses for the export or reexport to, or in-country 
     transfer in, the foreign trading partner of items subject to 
     controls under the Export Administration Regulations, 
     consistent with the Export Control Reform Act of 2018 (50 
     U.S.C. 4801 et seq.).
       (4) Expedited regulatory processes related to the 
     importation of goods and services into the United States from 
     the foreign trading partner.
       (5) Requesting the necessary authority and appropriations 
     for sovereign loan guarantees to the foreign trading partner.
       (6) The waiver of policy requirements (other than policy 
     requirements mandated by an Act of Congress) as necessary to 
     facilitate the provision of financing to support exports to 
     the foreign trading partner.
       (7) Requesting appropriations for loan loss reserves to 
     facilitate the provision of financing to support United 
     States exports to the foreign trading partner.
       (8) The exemption of financing provided to support United 
     States exports to the foreign trading partner from section 
     8(g)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635g(g)(1)).
       (b) Authorities With Respect to Foreign Adversaries.--With 
     respect to goods imported into the United States from a 
     foreign adversary engaged in economic coercion of a foreign 
     trading partner, the authorities described in this subsection 
     are the following:
       (1) The increase in duties.
       (2) The modification of tariff-rate quotas.
       (c) Coordination With Allies.--To broaden economic support 
     for a foreign trading partner, the President shall endeavor 
     to coordinate the exercise of the authorities described in 
     subsection (a) with other foreign trading partners.

     SEC. 1286. CONDITIONS WITH RESPECT TO TARIFF AUTHORITY.

       (a) Limitations on Tariff Authority.--The authority 
     described in section 1285(a)(1)--
       (1) does not include the authority to reduce or eliminate 
     antidumping or countervailing duties imposed under title VII 
     of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.);
       (2) may only apply to an article if--
       (A) such article is--
       (i) designated by the President as an eligible article for 
     purposes of the Generalized System of Preferences under 
     section 503 of the Trade Act of 1974 (19 U.S.C. 2463); and
       (ii) imported directly from the foreign trading partner 
     into the customs territory of the United States; and
       (B) the sum of the cost or value of the materials produced 
     in the foreign trading partner and the direct costs of 
     processing operations performed in such foreign trading 
     partner is not less than 35 percent of the appraised value of 
     such article at the time it is entered;
       (3) may not apply to any article that is the product of the 
     foreign trading partner by virtue of having merely 
     undergone--
       (A) simple combining or packaging operations; or
       (B) mere dilution with water or another substance that does 
     not materially alter the characteristics of the article; and
       (4) may not be applied in a manner that would provide 
     indirect economic benefit to a foreign adversary.
       (b) Consultation With Congress.--
       (1) In general.--Before exercising any authority described 
     in section 1285(a)(1) or 1285(b), the President shall submit 
     to Congress a notice of intent to exercise such authority 
     that includes a description of--
       (A) the circumstances that merit the exercise of such 
     authority;
       (B) the expected effects of the exercise of such authority 
     on the economy of the United States and businesses, workers, 
     farmers, and ranchers in the United States;
       (C) the expected effects of the exercise of such authority 
     on the foreign trading partner; and
       (D) the expected effects of the exercise of such authority 
     on the foreign adversary.
       (2) Congressional review.--During the period of 45 calendar 
     days beginning on the date on which the President submits a 
     notice of intent under paragraph (1), the appropriate 
     congressional committees should hold hearings and briefings 
     and otherwise obtain information in order to fully review the 
     proposed exercise of authority.
       (3) Joint resolution required.--Notwithstanding any other 
     provision of law, during the period for congressional review 
     described in paragraph (2), the President may not take the 
     proposed exercise of authority unless a joint resolution of 
     approval with respect to that exercise of authority is 
     enacted.
                                 ______
                                 
  SA 6370. 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 XII, add the following:

     SEC. 1226. MODIFICATION OF CAESAR SYRIA CIVILIAN PROTECTION 
                   ACT OF 2019.

       Section 7412 of the Caesar Syria Civilian Protection Act of 
     2019 (title LXXIV of Public Law 116-92; 22 U.S.C. 8791 note) 
     is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(4) Significant transaction defined.--
       ``(A) In general.--In this subsection, the term 
     `significant transaction' includes any natural gas, 
     electricity, or other energy-related transaction or 
     transactions that provides material support to or otherwise 
     may benefit by the Government of Syria.
       ``(B) Applicability.--Subparagraph (A) applies 
     notwithstanding any license or regulation issued pursuant to 
     section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702).''; and
       (2) by adding at the end the following:
       ``(c) Congressional Requests.--Not later than 30 days after 
     receiving a request from the chairman or ranking member of 
     one of the appropriate congressional committees with respect 
     to whether a foreign person meets the criteria for the 
     imposition of sanctions under subsection (a) the President 
     shall--
       ``(1) determine if the person meets such criteria; and
       ``(2) submit a classified or unclassified report to the 
     chairman or ranking member who submitted the request with 
     respect to that determination that includes a statement of 
     whether or not the President imposed or intends to impose 
     sanctions with respect to the person.''.
                                 ______
                                 
  SA 6371. 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:

        Beginning on page 633, strike line 11 and all that follows 
     through page 634, line 4, and insert the following:
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to limit--
       (1) United States counterterrorism cooperation with Saudi 
     Arabia or the United Arab Emirates against al-Qaeda, the 
     Islamic State of Iraq and Syria, or associated forces;
       (2) the United States Armed Forces from protecting members 
     of the United States Armed Forces and United States persons 
     and interests in the region against hostile action by Iran or 
     groups backed by Iran;
       (3) support intended to assist Saudi Arabia, the United 
     Arab Emirates, or other members of the Saudi-led coalition in 
     defending against threats emanating from Yemen to

[[Page S5901]]

     their sovereignty or territorial integrity, the sovereignty 
     or territorial integrity of any other United States partner 
     or ally, or the safety of United States persons or property, 
     including--
       (A) threats from ballistic missiles, cruise missiles, or 
     unmanned aerial vehicles; and
       (B) explosive boat threats to international maritime 
     traffic;
       (4) the provision of humanitarian assistance; or
       (5) the preservation of freedom of navigation.
                                 ______
                                 
  SA 6372. Mr. GRASSLEY (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:

       At the appropriate place, insert the following:

     SEC. _____. APPEALS TO MERIT SYSTEMS PROTECTION BOARD 
                   RELATING TO FBI REPRISAL ALLEGATIONS.

       Section 2303 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(d)(1) An employee of the Federal Bureau of Investigation 
     who makes an allegation of a reprisal under regulations 
     prescribed under this section may appeal a final 
     determination or corrective action order under those 
     regulations to the Merit Systems Protection Board pursuant to 
     section 1221.
       ``(2) If no final determination or corrective action order 
     has been made or issued for an allegation described in 
     paragraph (1) before the expiration of the 180-day period 
     beginning on the date on which the allegation is received, 
     pursuant to the regulations prescribed under this section, 
     the employee described in that paragraph may seek corrective 
     action directly from the Merit Systems Protection Board 
     pursuant to section 1221.''.
                                 ______
                                 
  SA 6373. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military 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--Improvement of Health Care for Veterans With Chronic 
                               Conditions

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Improving Whole Health 
     for Veterans with Chronic Conditions Act''.

     SEC. 1082. EXPANSION OF DENTAL CARE FURNISHED BY DEPARTMENT 
                   OF VETERANS AFFAIRS TO INCLUDE VETERANS 
                   DIAGNOSED WITH DIABETES AND HEART DISEASE.

       (a) Expansion of Care.--
       (1) In general.--Subsection (a)(1) of section 1712 of title 
     38, United States Code, is amended--
       (A) in subparagraph (B)--
       (i) by redesignating clauses (i) through (iv) as subclauses 
     (I) through (IV), respectively, and moving those subclauses, 
     as so redesignated, two ems to the right; and
       (ii) in subclause (III), as redesignated by clause (i)--

       (I) by striking ``(I)'' and inserting ``(aa)''; and
       (II) by striking ``(II)'' and inserting ``(bb)'';

       (B) by redesignating subparagraphs (A) through (H) as 
     clauses (i) through (viii), respectively, and moving those 
     clauses, as so redesignated, two ems to the right;
       (C) in the matter preceding clause (i), as redesignated by 
     subparagraph (B), by striking ``only for a dental condition 
     or disability'' and inserting ``only--
       ``(A) for a dental condition or disability'';
       (D) in clause (viii), as redesignated by subparagraph (B), 
     by striking the period at the end and inserting ``or''; and
       (E) by adding at the end the following new subparagraph 
     (B):
       ``(B) to any veteran enrolled in the system of annual 
     patient enrollment under section 1705 of this title with a 
     diagnosis of--
       ``(i) type 1 or type 2 diabetes; or
       ``(ii) ischemic heart disease.''.
       (2) Conforming amendments.--
       (A) In general.--Such section is further amended--
       (i) in subsection (a)(2), by striking ``clause (B) of 
     paragraph (1) of this subsection'' and inserting ``clause 
     (ii) of paragraph (1)(A)''; and
       (ii) in subsection (b), by striking ``paragraph (1)(B) of 
     subsection (a)'' and inserting ``subsection (a)(1)(A)(ii)''.
       (B) Medical care.--Section 1710(c) of such title is amended 
     by striking ``section 1712(a)'' and inserting ``section 
     1712(a)(1)(A)''.
       (C) Dental care for homeless veterans.--Section 2062(a) of 
     such title is amended, in the matter preceding paragraph (1), 
     by striking ``section 1712(a)(1)(H)'' and inserting ``section 
     1712(a)(1)(A)(viii)''.
       (b) Administration of Expansion.--
       (1) Voluntary participation.--The receipt by a covered 
     veteran of covered care shall be at the election of the 
     veteran.
       (2) Scope of services.--The covered care furnished to a 
     covered veteran shall be consistent with the dental services 
     and treatment, and related dental appliances, furnished by 
     the Secretary of Veterans Affairs to veterans with service-
     connected disabilities rated 100 percent disabling under the 
     laws administered by the Secretary.
       (3) Considerations.--In furnishing covered care to covered 
     veterans, the Secretary shall test the efficacy of the use of 
     the following:
       (A) Mobile dental clinics to service rural areas that do 
     not have a population base to warrant a full-time clinic but 
     where there are covered veterans in need of dental care.
       (B) Portable dental care units to service rural veterans in 
     their homes, as the Secretary considers medically 
     appropriate.
       (C) Dental therapists and teledentistry to service the 
     dental care needs of covered veterans.
       (4) Notice to covered veterans.--The Secretary shall inform 
     all covered veterans of the covered care available to such 
     veterans.
       (5) Contracts.--
       (A) In general.--Subject to subparagraph (C), the Secretary 
     may enter into contracts with appropriate entities for the 
     provision of covered care to covered veterans.
       (B) Performance standards and metrics.--Each contract 
     entered into under subparagraph (A) shall specify performance 
     standards and metrics and processes for ensuring compliance 
     of the contractor concerned with such performance standards.
       (C) Limitation.--The Secretary may only enter into 
     contracts under subparagraph (A) if the Secretary determines 
     that the Department of Veterans Affairs does not employ, and 
     cannot recruit and retain, qualified dentists, dental 
     hygienists, and oral surgeons in the applicable location.
       (c) Report.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the expansion of the provision of 
     dental care pursuant to subsection (a).
       (2) Contents.--The report under paragraph (1) shall include 
     the following:
       (A) A description of the implementation and operation of 
     the expansion of the provision of dental care pursuant to 
     subsection (a).
       (B) The number of covered veterans receiving dental care 
     pursuant to such expansion and a description of the dental 
     care furnished to such veterans.
       (C) An analysis of the costs and benefits of such 
     expansion, including a comparison of costs and benefits by 
     location type.
       (D) An assessment of the impact of such expansion on the 
     health of covered veterans, including--
       (i) an assessment of the veterans' diabetes or ischemic 
     heart disease;
       (ii) an assessment of appointments for care, prescriptions, 
     hospitalizations, emergency room visits, wellness, 
     employability, and satisfaction of such veterans; and
       (iii) an assessment of the perceived quality of life of 
     such veterans.
       (E) An analysis and assessment of the efficacy of mobile 
     clinics and home-based dental care to service the dental 
     needs of covered veterans, to include a cost-benefit analysis 
     of such services.
       (F) An analysis and assessment of the efficacy of dental 
     therapists and teledentistry to service the dental needs of 
     covered veterans, to include a cost benefit analysis of such 
     services.
       (G) The findings and conclusions of the Secretary with 
     respect to health care outcomes for covered veterans.
       (H) A comparison of the costs for private sector dental 
     care with cost of furnishing dental care from the Department, 
     broken down by each locality.
       (I) Such recommendations for the expansion of dental care 
     to non-covered veterans with diagnoses that may be affected 
     by poor oral health.
       (d) Definitions.--In this section:
       (1) Covered care.--The term ``covered care'' means 
     outpatient dental services and treatment, and related dental 
     appliances, furnished pursuant to section 1712(a)(1)(B) of 
     title 38, United States Code, as amended by subsection 
     (a)(1)(E).
       (2) Covered veteran.--The term ``covered veteran'' means a 
     veteran described in section 1712(a)(1)(B) of title 38, 
     United States Code, as amended by subsection (a)(1)(E).
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is one 
     year after the date of the enactment of this Act.

     SEC. 1083. STUDENT LOAN REPAYMENT PROGRAM TO INCENTIVIZE 
                   DENTAL TRAINING AND ENSURE THE DENTAL WORKFORCE 
                   OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Program Required.--The Secretary of Veterans Affairs, 
     to ensure that the Department of Veterans Affairs has 
     sufficient staff to provide dental service to veterans, shall 
     implement a loan reimbursement program for qualified 
     dentists, dental therapists, dental hygienists, and oral 
     surgeons who agree--
       (1) to be appointed by the Secretary as a dentist, dental 
     therapist, dental hygienist,

[[Page S5902]]

     or oral surgeon, as the case may be, under section 7401 of 
     title 38, United States Code; and
       (2) to serve as a dentist, dental therapist, dental 
     hygienist, or oral surgeon, as the case may be, of the 
     Department pursuant to such appointment at a dental clinic of 
     the Department for a period of not less than five years.
       (b) Maximum Amount.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may reimburse not more than--
       (A) $75,000 for each dentist participating in the program 
     under subsection (a);
       (B) $20,000 for each dental therapist participating in such 
     program;
       (C) $10,000 for each dental hygienist participating in such 
     program; and
       (D) $20,000 for each credentialed doctor of medicine in 
     dentistry serving as an oral surgeon and participating in 
     such program.
       (2) Dual eligibility.--The Secretary may reimburse an 
     individual serving in multiple positions described in 
     subparagraphs (A) through (D) of paragraph (1) not more than 
     $95,000.
       (c) Selection of Locations.--The Secretary shall monitor 
     demand among veterans for dental care and require 
     participants in the program under subsection (a) to choose 
     from dental clinics of the Department with the greatest need 
     for dentists, dental therapists, dental hygienists, or oral 
     surgeons, as the case may be, according to facility 
     enrollment and patient demand.

     SEC. 1084. EDUCATIONAL AND TRAINING PARTNERSHIPS FOR 
                   DENTISTS, DENTAL THERAPISTS, DENTAL HYGIENISTS, 
                   AND ORAL SURGEONS.

       The Secretary of Veterans Affairs shall enter into 
     educational and training partnerships with dental schools to 
     provide training and employment opportunities for dentists, 
     dental therapists, dental hygienists, and oral surgeons.

     SEC. 1085. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Department 
     of Veterans Affairs for fiscal year 2023 such sums as may be 
     necessary to carry out this subtitle and the amendments made 
     by this subtitle.
                                 ______
                                 
  SA 6374. Mr. WHITEHOUSE (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to 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. 2. MANUFACTURING SKILLS RETENTION PROGRAM.

       (a) Short Title.--This section may be cited as the ``Retain 
     Innovation and Manufacturing Excellence Act of 2022'' or the 
     ``RIME Act of 2022''.
       (b) Definitions.--In this section:
       (1) Center.--The term ``Center'' has the meaning given the 
     term in section 25(a) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k(a)).
       (2) Eligible manufacturer.--The term ``eligible 
     manufacturer'' means a manufacturer that--
       (A) is a small business concern, as that term is defined 
     under section 3 of the Small Business Act (15 U.S.C. 632); 
     and
       (B) has an existing relationship with a Center.
       (3) Manufacturing extension partnership.--The term 
     ``Manufacturing Extension Partnership'' means the Hollings 
     Manufacturing Extension Partnership, as that term is defined 
     under section 25(a) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k(a)).
       (c) Establishment.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     establish a program to award Manufacturing Extension 
     Partnership grants to help ensure an adequately trained 
     manufacturing workforce.
       (2) Grants.--Under the program established pursuant to 
     paragraph (1), the Secretary may award Manufacturing 
     Extension Partnership grants to eligible Centers for the 
     eligible Centers to provide assistance to eligible 
     manufacturers in workforce programs that assist in recruiting 
     talent and retaining employees to ensure continuity of 
     critical positions including retaining retiring employees for 
     up to 180 days for the purpose of transferring job-specific 
     skills and training to existing or new employees.
       (3) Duration of engagements.--The duration of each 
     engagement under the program established pursuant to 
     paragraph (1) shall be determined through negotiations 
     between eligible Centers and eligible manufacturers.
       (d) Eligible Centers.--For purposes of the program 
     established pursuant to subsection (c)(1), an eligible Center 
     is a Center that meets the following criteria:
       (1) The Center is able to document evidence of an aging 
     workforce within manufacturing entities that are seeking 
     assistance with retaining skills and knowledge of their 
     operations.
       (2) The Center establishes a transparent application 
     process for eligible manufacturers to receive assistance 
     described in subsection (c)(2) that may include one or more 
     of the following preferences:
       (A) A preference for eligible manufacturers that employ 
     veterans discharged or released under honorable conditions.
       (B) A preference for eligible manufacturers from industry 
     sectors that are most in need of assistance as determined by 
     the Center.
       (C) A preference for eligible manufacturers with a facility 
     in the State or region for an extended period of time before 
     the application is submitted (as determined by the Center).
       (D) A preference for eligible manufacturers that have an 
     existing relationship with the Center.
       (E) A preference for eligible manufacturers seeking to 
     increase employment from underserved or at-risk populations.
       (3) The Center is able to demonstrate the ability to 
     assess, advise, and train manufacturers on how to transfer 
     job-specific skills and training through the implementation 
     of a training structure and train-the-trainer program focused 
     on knowledge capture and transfer.
       (e) Consideration.--In awarding Manufacturing Extension 
     Partnership grants under the program established pursuant to 
     subsection (c)(1), the Secretary shall give consideration to 
     the use of funds by eligible Centers to assist eligible 
     manufacturers that are experiencing employee turnover with 
     the need to transfer required job-specific skills and 
     training to new employees.
       (f) Cost Sharing.--To be eligible for a Manufacturing 
     Extension Partnership grant under the program established 
     pursuant to subsection (c)(1), an eligible Center shall 
     demonstrate that 50 percent of the amount of the grant is 
     matched from non-Federal sources, which may include cash or 
     in-kind contributions from appropriate--
       (1) State and local agencies engaged in workforce 
     development or manufacturing;
       (2) universities or community colleges;
       (3) foundations engaged in workforce development; or
       (4) employers that would stand to directly benefit from the 
     grant received by the eligible Center.
       (g) Number and Size of Awards.--
       (1) Number.--Under the program established pursuant to 
     subsection (c)(1), the Secretary may award up to 51 
     Manufacturing Extension Partnership grants to eligible 
     Centers each fiscal year.
       (2) Size.--Each Manufacturing Extension Partnership grant 
     awarded to an eligible Center under the program established 
     pursuant to subsection (c)(1) shall be for not less than 
     $50,000 and not more than $500,000.
       (h) Regional Approach for Certain States.--Given the varied 
     structures of different Centers, in order to implement the 
     program required by subsection (c)(1) in certain 
     jurisdictions, the Secretary may, in consultation with any 
     relevant local Center, elect to implement a regional approach 
     to awarding certain grants to eligible Centers pursuant to 
     this section.
       (i) Administrative Expenses.--An eligible Center receiving 
     a Manufacturing Extension Partnership grant under the program 
     required by subsection (c)(1) may use up to 5 percent of the 
     amount of the grant for the administration of expenses 
     incurred by the Center under the program.
       (j) Authorization of Appropriations.--In addition to 
     amounts otherwise available for such purposes, there is 
     authorized to be appropriated to the National Institute of 
     Standards and Technology $20,000,000 each fiscal year to 
     carry out the program under this section.
                                 ______
                                 
  SA 6375. 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 B of title XXVIII, add the 
     following:

     SEC. 2825. PRIVATIZATION OF NAVY AND AIR FORCE TRANSIENT 
                   HOUSING.

       (a) Privatization Required.--Not later than ten years after 
     the date of the enactment of this Act, the Secretary 
     concerned shall privatize all transient housing in the United 
     States under the jurisdiction of the Secretary concerned 
     through the conveyance of the transient housing to one or 
     more eligible entities.
       (b) Applicable Privatization Laws.--The Secretary concerned 
     shall carry out this section using the authority provided by 
     section 2872 of title 10, United States Code, consistent with 
     subchapters IV and V of chapter 169 of such title.
       (c) Limitations.--No direct loan, guarantee, or equity from 
     the United States Government may be extended in consideration 
     of any privatization carried out under subsection (a).
       (d) Consultation With Secretary of the Army.--In 
     establishing a plan to carry out the privatization of 
     transient housing under subsection (a), the Secretary 
     concerned shall--
       (1) consult with the Secretary of the Army; and

[[Page S5903]]

       (2) to the greatest extent possible, incorporate into such 
     plan the best practices and efficiencies of the Secretary of 
     the Army in carrying out the privatization of transient 
     housing under the jurisdiction of the Secretary of the Army.
       (e) Report Required.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter 
     until the privatization required under subsection (a) is 
     complete, the Secretary concerned shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report that includes--
       (1) detailed plans for the privatization of all transient 
     housing under the jurisdiction of the Secretary concerned; 
     and
       (2) timelines for conveyances and other critical 
     milestones.
       (f) Definitions.--In this section:
       (1) The term ``eligible entity'' has the meaning given that 
     term in section 2871 of title 10, United States Code.
       (2) The term ``transient housing'' means lodging intended 
     to be occupied by members of the Armed Forces on temporary 
     duty.
       (3) The term ``Secretary concerned'' means--
       (A) the Secretary of the Navy, with respect to transient 
     housing under the jurisdiction of the Secretary of the Navy; 
     and
       (B) the Secretary of the Air Force, with respect to 
     transient housing under the jurisdiction of the Secretary of 
     the Air Force.
                                 ______
                                 
  SA 6376. Mr. LUJAN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 528, strike lines 4 through 6 and insert the 
     following:
     obligations;
       (G) what, if any, remedial training is required;
       (H) the demographics of scholarship recipients; and
       (I) the geographic distribution of scholarship recipients.
                                 ______
                                 
  SA 6377. Mr. WHITEHOUSE (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 appropriate place, insert the following:

     SEC. ___. ANTI-MONEY LAUNDERING SAFEGUARDS REGARDING 
                   GATEKEEPERS.

       (a) Short Title.--This section may be cited as the 
     ``Establishing New Authorities for Business Laundering and 
     Enabling Risks to Security Act of 2022'' or the ``ENABLERS 
     Act of 2022''.
       (b) Findings.--Congress finds the following:
       (1) Kleptocrats and other corrupt actors across the world 
     are increasingly relying on non-bank professional service 
     providers, including those operating in the United States, to 
     move, hide, and grow their ill-gotten gains.
       (2) In 2003, the Financial Action Task Force (referred to 
     in this subsection as the ``FATF''), an intergovernmental 
     body formed by the United States and other major industrial 
     nations, determined that designated non-financial businesses 
     and professions should be subject to the same anti-money 
     laundering and counter-terrorist financing rules and 
     regulations as financial institutions, including the 
     requirement to know your customer or client and to perform 
     due diligence, as well as to file suspicious transaction 
     reports, referred to as suspicious activity reports or 
     ``SARs'' in the United States.
       (3) In 2016, an FATF evaluation of the United States rated 
     the United States as noncompliant with 4 of the 40 
     recommendations of the FATF regarding combating money 
     laundering and the financing of terrorism and proliferation. 
     Of the 4 noncompliant ratings described in the preceding 
     sentence, 3 of those ratings pertained to designated non-
     financial businesses and professions, including lawyers, 
     accountants, and trust and company service providers, and the 
     fourth such rating pertained to transparency and the 
     beneficial ownership of legal entities. The United States 
     also received the lowest mark from the FATF for the 
     effectiveness of the United States in combating the misuse of 
     legal entities. The FATF evaluation listed, as a priority 
     action, applying appropriate anti-money laundering and 
     countering the financing of terrorism obligations ``to 
     lawyers, accountants, trust and company service providers 
     (other than trust companies which are already covered)'' to 
     improve the anti-money laundering and counter-terrorist 
     financing regime in the United States.
       (4) In line with the procedures of the FATF, members of the 
     FATF are expected to address deficiencies in the regimes of 
     those members not later than 3 years after adopting their 
     mutual evaluation. In March 2020, the FATF published the 
     ``3rd Enhanced Follow-up Report & Technical Compliance Re-
     Rating'' with respect to the United States, which continued 
     to score the United States noncompliant with respect to the 4 
     recommendations described in paragraph (3).
       (5) On January 1, 2021, the United States took steps to 
     address the non-compliant rating of the United States with 
     respect to the beneficial ownership of legal entities through 
     the enactment of the Corporate Transparency Act (title LXIV 
     of Public Law 116-283), but, as of the date of enactment of 
     this Act, Congress has yet to address the non-compliant 
     rating of the United States with respect to designated non-
     financial businesses and professions.
       (6) In October 2021, the ``Pandora Papers'', the largest 
     expose of global financial data in history, revealed to a 
     global audience how the United States plays host to a highly 
     specialized group of ``enablers'' that help the world's elite 
     move, hide, and grow their money.
       (7) The Pandora Papers described how an adviser to the 
     former Prime Minister of Malaysia reportedly used affiliates 
     of a United States law firm to assemble and consult a network 
     of companies, despite the adviser fitting the ``textbook 
     definition'' of a high-risk client. The adviser went on to 
     use his companies to help steal $4,500,000,000 from 
     Malaysia's public investment fund in one of ``the world's 
     biggest-ever financial frauds'', known as 1MDB.
       (8) Russian oligarchs have used gatekeepers to move their 
     money into the United States. For example, a gatekeeper 
     formed a company in Delaware that reportedly owns a 
     $15,000,000 mansion in Washington, D.C., that is linked to 
     one of Vladimir Putin's closest allies. Also reportedly 
     connected to the oligarch is a $14,000,000 townhouse in New 
     York City owned by a separate Delaware company.
       (9) On May 8, 2022, the Office of Foreign Assets Control of 
     the Department of the Treasury (referred to in this 
     subsection as ``OFAC''), pursuant to Executive Order 14071 
     (87 Fed. Reg. 20999; relating to prohibiting new investment 
     in and certain services to the Russian Federation in response 
     to continued Russian Federation aggression), prohibited ``the 
     exportation, reexportation, sale, or supply, directly or 
     indirectly, from the United States, or by a United States 
     person, wherever located, of accounting, trust and corporate 
     formation, or management consulting services to any person 
     located in the Russian Federation.''.
       (10) On June 30, 2022, OFAC blocked a trust holding more 
     than $1,000,000,000 linked to designated Russian oligarch 
     Suleiman Kerimov. These efforts revealed that Kerimov used a 
     complex series of legal structures and front persons to 
     obscure his interest in Heritage Trust, the funds of which 
     first entered the financial system of the United States 
     through 2 foreign, Kerimov-controlled entities before the 
     imposition of sanctions against him. The funds were 
     subsequently invested in large public and private companies 
     in the United States and managed by a series of investment 
     firms and facilitators in the United States.
       (11) The Pandora Papers uncovered more than 200 United 
     States-based trusts across 15 States that held assets of more 
     than $1,000,000,000, ``including nearly 30 trusts that held 
     assets linked to people or companies accused of fraud, 
     bribery, or human rights abuses''. In particular, South 
     Dakota, Nevada, Delaware, Florida, Wyoming, and New Hampshire 
     have emerged as global hotspots for those seeking to hide 
     their assets and minimize their tax burdens.
       (12) In 2016, an investigator with the nonprofit 
     organization Global Witness posed as an adviser to a corrupt 
     African official and set up meetings with 13 New York City 
     law firms to discuss how to move suspect funds into the 
     United States. Lawyers from all but 1 of the firms provided 
     advice to the faux adviser, including advice on how to 
     utilize anonymous companies to obscure the true owner of the 
     assets. Other suggestions included naming the lawyer as a 
     trustee of an offshore trust in order to open a bank account 
     and using the law firm's escrow account to receive payments.
       (13) The autocratic Prime Minister of Iraqi Kurdistan, 
     reportedly known for torturing and killing journalists and 
     critics, allegedly purchased a retail store valued at more 
     than $18,000,000 in Miami, Florida, with the assistance of a 
     Pennsylvania-based law firm.
       (14) Teodoro Obiang, the Vice President of Equatorial 
     Guinea and son of the country's authoritarian President, 
     embezzled millions of dollars from his home country, which 
     was then used to purchase luxury assets in the United States. 
     Obiang relied on the assistance of 2 lawyers in the United 
     States to move millions of dollars of suspect funds through 
     United States banks. The lawyers incorporated 5 shell 
     companies in California and opened bank accounts associated 
     with the companies for Obiang's personal use. The suspect 
     funds were first wired to the lawyers' attorney-client and 
     firm accounts, then transferred to the accounts of the shell 
     companies.

[[Page S5904]]

       (15) A consulting company in the United States reportedly 
     made millions of dollars working for companies owned or 
     partly owned by Isabel dos Santos, the eldest child of a 
     former President of Angola. This included working with 
     Angola's state oil company when it was run by Isabel dos 
     Santos and helping to ``run a failing jewelry business 
     acquired with Angolan money''. In 2021, a Dutch tribunal 
     found that Isabel dos Santos and her husband obtained a 
     $500,000,000 stake in the oil company through ``grand 
     corruption''.
       (16) In December 2021, the United States Government issued 
     a first-ever ``United States Strategy on Countering 
     Corruption'', which includes ``Curbing Illicit Finance'' as a 
     strategic pillar. An express line of effort to advance this 
     strategic pillar states that: ``Deficiencies in the U.S. 
     regulatory framework mean various professionals and service 
     providers--including lawyers, accountants, trust and company 
     service providers, incorporators, and others willing to be 
     hired as registered agents or who act as nominees to open and 
     move funds through bank accounts--are not required to 
     understand the nature or source of income of their clients or 
     prospective clients. . .While U.S. law enforcement has 
     increased its focus on such facilitators, it is both 
     difficult to prove `intent and knowledge' that a facilitator 
     was dealing with illicit funds or bad actors, or that they 
     should have known the same. Cognizant of such constraints, 
     the Administration will consider additional authorities to 
     cover key gatekeepers, working with the Congress as necessary 
     to secure additional authorities''.
       (17) This section, and the amendments made by this section, 
     provide the authorities needed to require that professional 
     service providers that serve as key gatekeepers to the 
     financial system of the United States adopt anti-money 
     laundering procedures that can help detect and prevent the 
     laundering of corrupt and other criminal funds into the 
     United States. Absent such authorities, the United States 
     Government will be unable to adequately protect the financial 
     system of the United States, identify funds and assets that 
     are the proceeds of corruption and other crimes, support 
     foreign states in their efforts to combat corruption and 
     promote good governance, or maintain the role of the United 
     States as a leader in international bodies that are committed 
     to combating money laundering and corruption.
       (c) Requirements for Gatekeepers.--
       (1) In general.--Section 5312(a)(2) of title 31, United 
     States Code, as amended by section 6110(a) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283), is amended--
       (A) by redesignating subparagraphs (Z) and (AA) as 
     subparagraphs (AA) and (BB), respectively; and
       (B) by inserting after subparagraph (Y) the following:
       ``(Z) any person, excluding any governmental entity, 
     employee, or agent, that provides to a third party--
       ``(i) a service described in section 5337(a)(2);
       ``(ii) corporate or other legal entity arrangement, 
     association, or formation services;
       ``(iii) trust services;
       ``(iv) third party payment services; or
       ``(v) legal or accounting services that--

       ``(I) involve financial activities that facilitate a 
     service described in any of clauses (i) through (iv); and
       ``(II) are not provided in exchange for direct compensation 
     for civil or criminal defense matters;''.

       (2) Requirements for gatekeepers.--Subchapter II of chapter 
     53 of title 31, United States Code, is amended by adding at 
     the end the following:

     ``Sec. 5337. Requirements for gatekeepers

       ``(a) In General.--
       ``(1) In general.--The Secretary of the Treasury (referred 
     to in this section as the `Secretary') shall, not later than 
     4 years after the date of enactment of this section, issue 
     regulations to--
       ``(A) determine what persons fall within the class of 
     persons acting as described in section 5312(a)(2)(Z); and
       ``(B) prescribe appropriate requirements under this 
     subchapter for the persons described in subparagraph (A).
       ``(2) Identification of persons.--When determining what 
     persons fall within the class of persons acting as described 
     in section 5312(a)(2)(Z), the Secretary of the Treasury shall 
     consider, on a risk basis--
       ``(A) any person involved in the provision of services to a 
     third party regarding--
       ``(i) the formation or registration of a corporation, 
     limited liability company, trust, foundation, limited 
     liability partnership, partnership, or other similar entity;
       ``(ii) the acquisition or disposition of an interest in a 
     corporation, limited liability company, trust, foundation, 
     limited liability partnership, partnership, or other similar 
     entity;
       ``(iii) the provision of a registered office, an address or 
     accommodation, correspondence, or an administrative address 
     for a corporation, limited liability company, trust, 
     foundation, limited liability partnership, partnership, or 
     other similar entity;
       ``(iv) managing, advising, or consulting with respect to 
     money or other assets;
       ``(v) the processing of payments;
       ``(vi) the provision of cash vault services;
       ``(vii) the wiring of money;
       ``(viii) the exchange of foreign currency;
       ``(ix) the exchange of any digital currency, digital asset, 
     or other value that substitutes for currency; or
       ``(x) the sourcing, pooling, organization, or management of 
     capital in association with the formation, operation, or 
     management of, or investment in, a corporation, limited 
     liability company, trust, foundation, limited liability 
     partnership, partnership, or other similar entity;
       ``(B) any person that, in connection with filing any 
     return, directly or indirectly, on behalf of a foreign 
     individual, trust, or fiduciary with respect to direct or 
     indirect United States investment, transaction, trade or 
     business, or similar activities--
       ``(i) obtains or uses a preparer tax identification number; 
     or
       ``(ii) would be required to use or obtain a preparer tax 
     identification number, if that person were compensated for 
     services rendered;
       ``(C) any person providing a service to a third party by 
     acting as, or arranging for another person to act as, a 
     registered agent, trustee, director, secretary, nominee 
     shareholder, partner of a company, partner of a partnership, 
     or similar position with respect to a corporation, limited 
     liability company, trust, foundation, limited liability 
     partnership, or other similar activity; and
       ``(D) any service provider described in subparagraph (A), 
     (B), or (C), wherever organized or doing business, that--
       ``(i) is owned or controlled by a person described in any 
     such subparagraph;
       ``(ii) acts as an agent of a person described in any such 
     subparagraph; or
       ``(iii) is an instrumentality of a person described in any 
     such subparagraph.
       ``(3) Sense of congress.--It is the sense of Congress that, 
     when issuing regulations under this subsection, the Secretary 
     shall design those regulations to--
       ``(A) minimize the burden of those regulations and maximize 
     the intended outcomes of those regulations, as determined by 
     the Secretary; and
       ``(B) avoid applying additional requirements for persons 
     that may fall within the class of persons described in 
     section 5312(a)(2)(Z) but that are already, as determined by 
     the Secretary, appropriately regulated under this subchapter.
       ``(b) Enforcement.--
       ``(1) Random audits.--Not later than 1 year after the date 
     on which the Secretary issues the regulations required under 
     subsection (a), and on an ongoing basis thereafter, the 
     Secretary shall conduct random audits of persons that fall 
     within the class of persons described in section 
     5312(a)(2)(Z), including persons described in subsection 
     (a)(2), in a manner that the Secretary determines 
     appropriate, to assess compliance with the requirements of 
     this section.
       ``(2) Reports.--The Secretary shall, not later than 180 
     days after the conclusion of any calendar year that begins 
     after the date that is 1 year after the date on which the 
     Secretary issues regulations pursuant to subsection (a), 
     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--
       ``(A) describes the results of any random audits conducted 
     pursuant to paragraph (1) during such calendar year; and
       ``(B) includes recommendations for improving the 
     effectiveness of the requirements imposed under this section 
     on persons described in section 5312(a)(2)(Z), including 
     persons described in subsection (a)(2).''.
       (3) Conforming amendment.--The table of sections for 
     subchapter II of chapter 53 of title 31, United States Code, 
     is amended by inserting after the item relating to section 
     5336 the following:

``5337. Requirements for gatekeepers.''.
       (4) Use of technology to increase efficiency and accuracy 
     of information.--The Secretary of the Treasury shall 
     promote--
       (A) the integrity of information collected under this 
     section and the amendments made by this section; and
       (B) if applicable, the timely and efficient collection of 
     information by persons described in section 5312(a)(2)(Z) of 
     title 31, United States Code, as so redesignated by this 
     subsection, including persons described in subsection (a)(2) 
     of section 5337 of that title, as added by this subsection, 
     by exploring the use of technologies to--
       (i) effectuate the collection, standardization, 
     transmission, and sharing of information that the Secretary 
     may require under such section 5337; and
       (ii) minimize the burdens associated with the collection, 
     standardization, transmission, and sharing of information 
     that the Secretary may require under such section 5337.
       (5) Effective date.--This subsection, and the amendments 
     made by this subsection, shall take effect on the effective 
     date of the regulations issued by the Secretary of the 
     Treasury pursuant to section 5337(a) of title 31, United 
     States Code, as added by this subsection.
       (d) Gatekeepers Strategy.--Section 262 of the Countering 
     Russian Influence in Europe and Eurasia Act of 2017 (title II 
     of Public Law 115-44) is amended by adding at the end the 
     following:
       ``(11) Gatekeeper strategy.--
       ``(A) In general.--A description of efforts to impose 
     sufficient anti-money laundering safeguards on designated 
     non-financial businesses and professions, as that term is 
     defined by the Financial Action Task Force.

[[Page S5905]]

       ``(B) Update.--If, as of the date of enactment of this 
     paragraph, the updates to the national strategy required 
     under section 261 have been submitted to appropriate 
     congressional committees, the President, acting through the 
     Secretary of the Treasury, shall, not later than 1 year after 
     that date of enactment, submit to the appropriate 
     congressional committees an additional update to the national 
     strategy with respect to the addition of this paragraph.''.
       (e) Agency Coordination and Collaboration.--The Secretary 
     of the Treasury shall, to the greatest extent practicable--
       (1) establish relationships with State, local, territorial, 
     and Tribal governmental agencies; and
       (2) work collaboratively with the governmental agencies 
     described in paragraph (1) to implement and enforce the 
     regulations prescribed under this section, and the amendments 
     made by this section, by--
       (A) using the Domestic Liaisons appointed under section 
     310(f) of title 31, United States Code, to share information 
     regarding changes effectuated by this section and the 
     amendments made by this section;
       (B) using the Domestic Liaisons appointed under section 
     310(f) of title 31, United States Code, to advise on 
     necessary revisions to State, local, territorial, and Tribal 
     standards with respect to relevant professional licensure;
       (C) engaging with various persons described in section 
     5312(a)(2)(Z) of title 31, United States Code, as so 
     redesignated by subsection (c) (including persons described 
     in section 5337(a)(2) of that title, as added by subsection 
     (c)), as appropriate, including with respect to information 
     sharing and data sharing; and
       (D) working with State, local, territorial, and Tribal 
     governmental agencies to levy professional sanctions on 
     persons that facilitate corruption, money laundering, the 
     financing of terrorist activities, and other related crimes.
       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of the Treasury 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--
       (1) describes any findings of the Secretary with respect to 
     technologies that may effectuate the collection, 
     standardization, transmission, and sharing of information 
     that the Secretary may require under section 5337 of title 
     31, United States Code, as added by subsection (c); and
       (2) makes recommendations for implementing the technologies 
     described in paragraph (1).
       (g) Authorization of Appropriations.--In addition to 
     amounts otherwise available for such purposes, there are 
     authorized to be appropriated to the Secretary of the 
     Treasury, without fiscal year limitation, such sums as may be 
     necessary, to remain available until expended, exclusively 
     for the purpose of carrying out this section and the 
     amendments made by this section, including for--
       (1) the appointment of personnel;
       (2) the exploration and adoption of information technology 
     to effectively support enforcement activities or activities 
     described in subsection (c) and the amendments made by that 
     subsection;
       (3) audit, investigatory, and review activities, including 
     those described in subsection (c) and the amendments made by 
     that subsection;
       (4) agency coordination and collaboration efforts and 
     activities described in subsection (e);
       (5) voluntary compliance programs;
       (6) compiling the reports required under--
       (A) subsection (c);
       (B) the amendments made by subsection (c); and
       (C) subsection (f); and
       (7) allocating amounts to State, local, territorial, and 
     Tribal jurisdictions to pay reasonable costs relating to 
     compliance with, or enforcement of, the requirements of this 
     section and the amendments made by this section.
       (h) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, may be construed to be 
     limited or impeded by any obligations under State, local, 
     territorial, or Tribal laws or rules concerning privilege, 
     ethics, confidentiality, privacy, or related matters.
                                 ______
                                 
  SA 6378. Ms. LUMMIS (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 F of title X, add the following:

     SEC. 1064. DIVERSION DAM AND PIPELINE, MISSISSIPPI RIVER AND 
                   COLUMBIA RIVER.

       Notwithstanding section 715(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2265(a)), the Secretary of 
     the Army, acting through the Assistant Secretary for Civil 
     Works, and the Secretary of the Interior, acting through the 
     Commissioner of Reclamation, shall carry out a technological 
     and feasibility study on the transfer of water to the 
     Colorado River Basin from--
       (1) the Columbia River Basin; and
       (2) the Mississippi River Basin, to prevent flood damage 
     along the Mississippi River and its tributaries.
                                 ______
                                 
  SA 6379. Mr. RISCH (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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--Additional Measures in Response to Invasion of Ukraine by 
                         the Russian Federation

     SEC. 1280. SHORT TITLE.

       This subtitle may be cited as the ``Russian Elites, 
     Proxies, and Oligarchs Act of 2022'' or the ``REPO Act of 
     2022''.

         PART I--CONFISCATION AND REPURPOSING OF RUSSIAN ASSETS

     SEC. 1281. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) On February 24, 2022, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by again engaging in a premeditated and illegal 
     invasion of Ukraine.
       (2) The international community has condemned the illegal 
     invasion of Ukraine by the Russian Federation, as well as the 
     commission of war crimes by the Russian Federation, including 
     through the deliberate targeting of civilians and civilian 
     infrastructure and the commission of sexual violence.
       (3) The leaders of the Group of Seven (G7) have called the 
     Russian Federation's ``unprovoked and completely unjustified 
     attack on the democratic state of Ukraine'' a ``serious 
     violation of international law and a grave breach of the 
     United Nations Charter and all commitments Russia entered in 
     the Helsinki Final Act and the Charter of Paris and its 
     commitments in the Budapest Memorandum''.
       (4) The United Nations General Assembly adopted a 
     resolution, by a vote of 141 to 5, that demanded that the 
     Russian Federation ``immediately cease its use of force 
     against Ukraine and immediately, completely, and 
     unconditionally withdraw all of its military forces from the 
     territory of Ukraine within its internationally recognized 
     borders''.
       (5) On March 16, 2022, the International Court of Justice 
     issued provisional measures ordering the Russian Federation 
     to ``immediately suspend the military operations that it 
     commenced on 24 February 2022 in the territory of Ukraine''.
       (6) Under international law, a country that is responsible 
     for an internationally wrongful act is under an obligation to 
     make restitution by reestablishing the situation that existed 
     before the wrongful act was committed. The Russian Federation 
     bears such responsibility to provide restitution to Ukraine.
       (7) As of April 21, 2022, the World Bank estimated that the 
     invasion of Ukraine by the Russian Federation had led to at 
     least $60,000,000,000 in damage to the physical 
     infrastructure of Ukraine.
       (8) According the President of Ukraine, Volodymyr 
     Zelenskyy, as of May 3, 2022, it could cost an estimated 
     $600,000,000,000 to rebuild Ukraine as a result of the 
     illegal invasion by the Russian Federation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the extreme illegal actions taken by the Russian Federation 
     present a unique situation, justifying the establishment of a 
     legal authority. In this case, that authority is the 
     authority of the United States Government or other countries 
     to confiscate sovereign assets of the Russian Federation for 
     the purpose of assisting Ukraine.

     SEC. 1282. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE 
                   RUSSIAN FEDERATION PROVIDING DUE REPARATIONS TO 
                   UKRAINE.

       It is the sense of Congress that--
       (1) the Russian Federation bears responsibility for the 
     financial burden of the reconstruction of Ukraine and for 
     countless other costs associated with the illegal invasion of 
     Ukraine by the Russian Federation that began on February 24, 
     2022;
       (2) the full cost of the Russian Federation's unlawful war 
     against Ukraine and the amount of money the Russian 
     Federation must pay Ukraine should be assessed by a bona fide 
     independent, international arbitral body or claims 
     commission;
       (3) the Russian Federation should participate in any 
     international process to assess the full cost of the Russian 
     Federation's unlawful war on Ukraine, and if it fails to do 
     so, the United States should explore other avenues for 
     providing reparations to Ukraine, including confiscation and 
     repurposing of frozen assets;

[[Page S5906]]

       (4) the Secretary of State should lead robust engagement on 
     all bilateral and multilateral aspects of the United States 
     response to the efforts of the Russian Federation to 
     undermine the sovereignty and territorial integrity of 
     Ukraine, including on any policy coordination and alignment 
     regarding the disposition of sovereign assets of the Russian 
     Federation in the context of restitution;
       (5) the confiscation and repurposing of sovereign assets of 
     the Russian Federation by the United States is in the vital 
     national security interests of the United States and 
     consistent with United States and international law; and
       (6) the United States should work with international allies 
     and partners on the confiscation and repurposing of sovereign 
     assets of the Russian Federation as part of a coordinated, 
     multilateral effort, including with G7 countries and other 
     countries in which assets of the Central Bank of the Russian 
     Federation are located.

     SEC. 1283. AUTHORITY TO PROVIDE ADDITIONAL ASSISTANCE TO 
                   UKRAINE USING ASSETS CONFISCATED FROM THE 
                   CENTRAL BANK OF THE RUSSIAN FEDERATION AND 
                   OTHER SOVEREIGN ASSETS OF THE RUSSIAN 
                   FEDERATION.

       (a) Reporting on Russian Central Bank Assets.--
       (1) Notice required.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall, by means 
     of such instructions or regulations as the President may 
     prescribe, require any United States financial institution at 
     which assets of the Central Bank of the Russian Federation 
     are located, and that knows or should know of such assets, to 
     provide notice of such assets, including relevant information 
     required under section 501.603(b)(ii) of title 31, Code of 
     Federal Regulations, to the Secretary of the Treasury not 
     later than 10 days after detection of such assets.
       (2) Report required.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 3 
     years, the President shall submit to the appropriate 
     congressional committees a report detailing the status of 
     property and interests in property of the Central Bank of the 
     Russian Federation subject to the jurisdiction of the United 
     States.
       (B) Form.--The report required by subparagraph (A) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) Confiscation.--
       (1) In general.--The President may confiscate any of the 
     following funds and other property subject to the 
     jurisdiction of the United States:
       (A) Funds and other property of--
       (i) the Central Bank of the Russian Federation; and
       (ii) the Russian Direct Investment Fund.
       (B) Any sovereign funds of the Russian Federation held in a 
     financial institution that is--
       (i) owned or controlled by the Government of the Russian 
     Federation; and
       (ii) on the list of specially designated nationals and 
     blocked persons maintained by the Office of Foreign Assets 
     Control of the Department of the Treasury.
       (2) Liquidation and deposit.--The President shall--
       (A) deposit any funds confiscated under paragraph (1) into 
     the Ukraine Support Fund established under subsection (c);
       (B) liquidate or sell any other property confiscated under 
     paragraph (1) and deposit the funds resulting from such 
     liquidation or sale into the Ukraine Support Fund established 
     under subsection (c); and
       (C) make all such funds available for the purposes 
     described in subsection (d).
       (3) Method of confiscation.--The President shall confiscate 
     funds and other property under paragraph (1) through 
     instructions or licenses or in such other manner as the 
     President determines appropriate.
       (4) Vesting.--All right, title, and interest in funds and 
     other property confiscated under paragraph (1) shall vest in 
     the Government of the United States.
       (5) Notification requirement.--The Secretary of State shall 
     notify the appropriate congressional committees not later 
     than 14 days after any confiscation of funds or other 
     property under this subsection.
       (c) Establishment of the Ukraine Support Fund.--
       (1) In general.--The President shall establish a non-
     interest-bearing account, to be known as the ``Ukraine 
     Support Fund'', to consist of the funds deposited into the 
     account under subsection (b).
       (2) Use of funds.--The funds in the account established 
     under paragraph (1) shall be available to be used only as 
     specified in subsection (d).
       (d) Use of Confiscated Property.--
       (1) In general.--Funds in the Ukraine Support Fund shall be 
     available to the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, for the purpose of restoring Ukraine to its 
     status before the unlawful invasion by the Russian Federation 
     that began on February 24, 2022, including through provision 
     of such funds to the Government of Ukraine for the following 
     purposes:
       (A) Reconstruction and rebuilding efforts in Ukraine.
       (B) To provide humanitarian assistance to the people of 
     Ukraine.
       (C) To provide security assistance to Ukraine.
       (D) For other purposes the Secretary determines directly 
     and effectively support the recovery of Ukraine and the 
     welfare of the people of Ukraine.
       (2) Notification.--
       (A) In general.--The Secretary of State shall notify the 
     appropriate congressional committees not fewer than 15 days 
     before providing any funds from the Ukraine Support Fund to 
     the Government of Ukraine or to any other person for the 
     purposes described in paragraph (1).
       (B) Elements.--A notification under subparagraph (A) with 
     respect to the provision of funds to the Government of 
     Ukraine shall specify--
       (i) the amount of funds to be provided;
       (ii) the purpose for which such funds are provided; and
       (iii) the recipient.
       (e) Deposit of Additional Proceeds of Other Seized Russian 
     Assets Into Ukraine Support Fund.--
       (1) In general.--In addition to the funds required to be 
     deposited into the Ukraine Support Fund under subsection (b), 
     the President may deposit into the Fund for use by the 
     Secretary of State other funds that are the proceeds of the 
     liquidation of sovereign assets of the Russian Federation or 
     private assets seized from Russian persons in response to the 
     premeditated and illegal invasion of Ukraine by the Russian 
     Federation that began on February 24, 2022.
       (2) Notification.--The Secretary of State shall notify the 
     appropriate congressional committees not fewer than 5 days 
     after a deposit into the Ukraine Support Fund is made under 
     subsection (a).
       (f) Judicial Review.--
       (1) In general.--The confiscation of funds and other 
     property under subsection (b)(1) shall not be subject to 
     judicial review.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit any private individual or entity from 
     asserting due process claims in United States courts.
       (g) Exception for United States Obligations Under Vienna 
     Conventions.--The authorities provided by this section may 
     not be exercised in a manner inconsistent with the 
     obligations of the United States under--
       (1) the Convention on Diplomatic Relations, done at Vienna 
     April 18, 1961, and entered into force April 24, 1964 (23 UST 
     3227);
       (2) the Convention on Consular Relations, done at Vienna 
     April 24, 1963, and entered into force on March 19, 1967 (21 
     UST 77);
       (3) the Agreement Regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947 (TIAS 1676); or
       (4) any other relevant international agreement.
       (h) Sunset.--The authority to confiscate, liquidate, and 
     transfer funds and other property under this section shall 
     terminate on the earlier of--
       (1) the date that is 5 years after the date of the 
     enactment of this Act; or
       (2) the date on which the President determines and 
     certifies to the appropriate congressional committees that 
     the Russian Federation is participating in a bona fide claims 
     process that will result in the payment of all amounts 
     determined to be owed to Ukraine.

     SEC. 1284. REPORT ON USE OF CONFISCATED ASSETS FOR 
                   RECONSTRUCTION.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 90 days thereafter, the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) the amount and source of funds or other property 
     confiscated pursuant to subsection (b) of section 1283;
       (2) the amount and source of funds or other property 
     deposited into the Ukraine Support Fund under subsection (b) 
     or (e) of that section; and
       (3) a detailed description and accounting of how such funds 
     were used to meet the purposes described in subsection (d) of 
     that section.

     SEC. 1285. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR 
                   OF UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT ON RECONSTRUCTION AND REBUILDING 
                   NEEDS OF UKRAINE.

       (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 Administrator of the United States 
     Agency for International Development, shall submit to the 
     appropriate congressional committees an assessment of the 
     most pressing needs of Ukraine for reconstruction, 
     rebuilding, security assistance, and humanitarian aid.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) An estimate of the rebuilding and reconstruction needs 
     of Ukraine, as of the date of the assessment, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation, 
     including--
       (A) a description of the sources and methods for the 
     estimate; and
       (B) an identification of the locations or regions in 
     Ukraine with the most pressing needs.
       (2) An estimate of the humanitarian needs, as of the date 
     of the assessment, of the people of Ukraine, including 
     Ukrainians residing inside in the internationally recognized 
     borders of Ukraine or outside those borders, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation.
       (3) An assessment of the extent to which the needs 
     described in paragraphs (1) and (2) have been met or funded, 
     by any source, as of the date of the assessment.

[[Page S5907]]

       (4) An identification of which such needs should be 
     prioritized, including any assessment or request by the 
     Government of Ukraine with respect to the prioritization of 
     such needs.

     SEC. 1286. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements under 
     this title shall not include the authority or a requirement 
     to impose sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. 1287. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Z) of section 5312(a)(2) of title 31, United 
     States Code.
       (3) Russian person.--The term ``Russian person'' means--
       (A) an individual who is a citizen or national of the 
     Russian Federation; or
       (B) an entity organized under the laws of the Russian 
     Federation.
       (4) United states financial institution.--The term ``United 
     States financial institution'' means a financial institution 
     organized under the laws of the United States or of any 
     jurisdiction within the United States, including a foreign 
     branch of such an institution.

              PART II--MULTILATERAL SANCTIONS COORDINATION

     SEC. 1291. STATEMENT OF POLICY REGARDING COORDINATION OF 
                   MULTILATERAL SANCTIONS WITH RESPECT TO THE 
                   RUSSIAN FEDERATION.

       (a) In General.--In response to the Russian Federation's 
     unprovoked and illegal invasion of Ukraine, it is the policy 
     of the United States that--
       (1) the United States, along with the European Union, the 
     United Kingdom, and other willing allies and partners of the 
     United States, should lead a coordinated international 
     sanctions regime to freeze sovereign assets of the Russian 
     Federation and assets of Russian oligarchs, with the aim of 
     identifying Russian oligarchs who have assisted or 
     facilitated the regime of Vladimir Putin or the Russian 
     Federation's violation of Ukraine's sovereignty and 
     territorial integrity;
       (2) the head of the Office of Sanctions Coordination of the 
     Department of State should engage in interagency and 
     multilateral coordination with agencies of the European 
     Union, the United Kingdom, and other allies and partners of 
     the United States to ensure the ongoing implementation and 
     enforcement of sanctions with respect to the Russian 
     Federation in response to its invasion of Ukraine;
       (3) the Secretary of State, in consultation with the 
     Secretary of the Treasury, should, to the extent practical 
     and consistent with relevant United States law, lead and 
     coordinate with the European Union and the United Kingdom 
     with respect to enforcement of sanctions imposed with respect 
     to the Russian Federation;
       (4) the United States should provide relevant technical 
     assistance, implementation guidance, and support relating to 
     enforcement and implementation of sanctions imposed with 
     respect to the Russian Federation;
       (5) where appropriate, the head of the Office of Sanctions 
     Coordination, in coordination with the Bureau of Economic and 
     Business Affairs and the Bureau of European and Eurasian 
     Affairs of the Department of State and the Department of the 
     Treasury, should seek private sector input regarding 
     sanctions policy with respect to the Russian Federation and 
     the implementation of and compliance with sanctions imposed 
     with respect to the Russian Federation; and
       (6) the Secretary of State, in coordination with the 
     Secretary of the Treasury, should continue robust diplomatic 
     engagement with allies and partners of the United States, 
     including the United Kingdom and the European Union, to 
     encourage such allies and partners to impose sanctions with 
     respect to the Russian Federation.
       (b) Extension of Hiring Authorities for Office of Sanctions 
     Coordination.--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 of division FF of the Consolidated Appropriations Act, 
     2021 (Public Law 116-260; 134 Stat. 3131)) as subsection (k); 
     and
       (2) in paragraph (4)(B) of subsection (k), as redesignated 
     by paragraph (1), by striking ``the date that is two years 
     after the date of the enactment of this subsection'' and 
     inserting ``December 31, 2024''.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Office of Sanctions Coordination of the Department of 
     State $15,000,000 for each of fiscal years 2023, 2024, and 
     2025 to carry out this section.
       (2) Supplement not supplant.--The amounts authorized to be 
     appropriated by paragraph (1) shall supplement and not 
     supplant other amounts authorized to be appropriated for the 
     Office of Sanctions Coordination.

     SEC. 1292. ASSESSMENT OF IMPACT OF UKRAINE-RELATED SANCTIONS 
                   ON THE ECONOMY OF THE RUSSIAN FEDERATION.

       (a) Report and Briefings.--At the times specified in 
     subsection (b), the President shall submit a report and 
     provide a briefing to the appropriate congressional 
     committees on the impact on the economy of the Russian 
     Federation of sanctions imposed by the United States and 
     other countries with respect to the Russian Federation in 
     response to the unlawful invasion of Ukraine by the Russian 
     Federation.
       (b) Timing.--The President shall--
       (1) submit a report and provide a briefing described in 
     subsection (a) to the appropriate congressional committees 
     not later than 90 days after the date of the enactment of 
     this Act; and
       (2) submit to the appropriate congressional committees a 
     report described in subsection (a) every 180 days thereafter 
     until December 31, 2024.
       (c) Elements.--Each report required by this section shall 
     include--
       (1) an assessment of--
       (A) the impacts of the sanctions described in subsection 
     (a), disaggregated by major economic sector, including the 
     energy, aerospace and defense, shipping, banking, and 
     financial sectors;
       (B) the macroeconomic impact of those sanctions on Russian, 
     European, and global economy market trends, including shifts 
     in global markets as a result of those sanctions; and
       (C) efforts by other countries or actors and offshore 
     financial providers to facilitate sanctions evasion by the 
     Russian Federation or take advantage of gaps in international 
     markets resulting from the international sanctions regime in 
     place with respect to the Russian Federation; and
       (2) recommendations for further sanctions enforcement 
     measures based on trends described in paragraph (1)(B).

     SEC. 1293. INFORMATION ON VOTING PRACTICES IN THE UNITED 
                   NATIONS WITH RESPECT TO THE INVASION OF UKRAINE 
                   BY THE RUSSIAN FEDERATION.

       Section 406(b) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 2414a(b)), is amended--
       (1) in paragraph (4), by striking ``Assembly on'' and all 
     that follows through ``opposed by the United States'' and 
     inserting the following: ``Assembly on--''
       ``(A) resolutions specifically related to Israel that are 
     opposed by the United States; and
       ``(B) resolutions specifically related to the invasion of 
     Ukraine by the Russian Federation.'';
       (2) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (3) by redesignating paragraph (6) as paragraph (7); and
       (4) by inserting after paragraph (5) the following:
       ``(6) an analysis and discussion, prepared in consultation 
     with the Secretary of State, of the extent to which member 
     countries supported United States policy objectives in the 
     Security Council and the General Assembly with respect to the 
     invasion of Ukraine by the Russian Federation; and''.
                                 ______
                                 
  SA 6380. Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Graham, Mr. 
Leahy, Mr. Blunt, 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. WAR CRIMES.

       Section 2441 of title 18, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Jurisdiction.--There is jurisdiction over an offense 
     described in subsection (a) if--
       ``(1) the offense occurs in whole or in part within the 
     United States; or
       ``(2) regardless of where the offense occurs--
       ``(A) the victim or offender is--
       ``(i) a national of the United States or an alien lawfully 
     admitted for permanent residence; or
       ``(ii) a member of the Armed Forces of the United States, 
     regardless of nationality; or
       ``(B) the offender is present in the United States, 
     regardless of the nationality of the victim or offender.''; 
     and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Certain Limitations.--In the case 
     of an offense described in subsection (a) and further 
     described in subsections (c)(1) and (c)(3), an indictment may 
     be found or an information may be instituted at any time 
     without limitation.
       ``(f) Certification Requirement.--No prosecution for an 
     offense described in subsection (a) shall be undertaken by 
     the United

[[Page S5908]]

     States except on written certification of the Attorney 
     General, the Deputy Attorney General, or an Assistant 
     Attorney General, which function of approving prosecutions 
     may not be delegated, that a prosecution by the United States 
     is in the public interest and necessary to secure substantial 
     justice. For an offense for which jurisdiction exists under 
     subsection (b)(2)(B), the same official shall weigh and 
     consider whether the alleged offender can be removed from the 
     United States for purposes of prosecution in another 
     jurisdiction.''.
                                 ______
                                 
  SA 6381. 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 G of title X, add the following:

     SEC. 1077. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
                   DETERMINATION 2022-11 FOR FEDERAL PERMITTING 
                   IMPROVEMENT PURPOSES.

       (a) In General.--Except as provided by subsection (c), an 
     action described in subsection (b) shall be--
       (1) treated as a covered project, as defined in section 
     41001(6) of the Fixing America's Surface Transportation Act 
     (42 U.S.C. 4370m(6)), without regard to the requirements of 
     that section; and
       (2) included in the Permitting Dashboard maintained 
     pursuant to section 41003(b) of that Act (42 U.S.C. 4370m-
     2(b)).
       (b) Actions Described.--An action described in this 
     subsection is an action taken by the Secretary of Defense 
     pursuant to Presidential Determination 2022-11 (87 Fed. Reg. 
     19775; relating to certain actions under section 303 of the 
     Defense Production Act of 1950) to create, maintain, protect, 
     expand, or restore sustainable and responsible domestic 
     production capabilities for strategic and critical materials 
     through--
       (1) supporting feasibility studies for mature mining, 
     beneficiation, and value-added processing projects;
       (2) by-product and co-product production at existing 
     mining, mine waste reclamation, and other industrial 
     facilities;
       (3) modernization of mining, beneficiation, and value-added 
     processing to increase productivity, environmental 
     sustainability, and workforce safety; or
       (4) any other activity authorized under section 303(a)(1) 
     of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
       (c) Exception.--An action described in subsection (b) may 
     not be treated as a covered project or be included in the 
     Permitting Dashboard under subsection (a) if the project 
     sponsor (as defined in section 41001(18) of the Fixing 
     America's Surface Transportation Act (42 U.S.C. 4370m(18))) 
     requests that the action not be treated as a covered project.
                                 ______
                                 
  SA 6382. 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 E of title III, add the following:

     SEC. 372. REPORT ON FORMER INDIAN BOARDING SCHOOLS OR 
                   INSTITUTIONS UNDER THE JURISDICTION OR CONTROL 
                   OF THE DEPARTMENT OF DEFENSE.

       (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 appropriate committees of Congress a report 
     that provides--
       (1) an accounting of all schools or institutions described 
     in subsection (b) that--
       (A) were located on land that was under the jurisdiction or 
     control of the Department of Defense at the time of the 
     operation of the school or institution; or
       (B) were located on land that is under the jurisdiction or 
     control of the Department as of the date of the enactment of 
     this Act; and
       (2) a description of the role of the Department of Defense 
     in hosting and administering schools or institutions 
     described in subsection (b) and the actions taken by the 
     Department in connection with those schools or institutions, 
     including--
       (A) complete accountings, engagements, and actions;
       (B) the identification of marked and unmarked burial 
     grounds; and
       (C) the repatriation of remains of Native students who died 
     while attending a school or institution described in 
     subsection (b); and
       (3) the findings and recommendations of the Secretary with 
     respect to the matters addressed under paragraphs (1) and 
     (2).
       (b) Schools or Institutions Described.--The schools or 
     institutions described in this subsection are schools or 
     institutions that housed or administered Federal programs to 
     assimilate American Indian, Alaska Native, or Native Hawaiian 
     children that--
       (1) provided on-site housing or overnight lodging;
       (2) were described in records as providing formal academic 
     or vocational training and instruction;
       (3) were described in records as receiving Federal 
     Government funds or other support; and
       (4) were operational before 1969.
       (c) Consultation and Engagement.--In carrying out this 
     section, the Secretary of Defense shall consult with Indian 
     Tribes and engage with Native Hawaiian organizations.
       (d) Briefing.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     brief the appropriate committees of Congress on the report 
     required under subsection (a)
       (e) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) The Committee on Armed Services and the Committee on 
     Indian Affairs of the Senate; and
       (2) The Committee on Armed Services and the Subcommittee 
     for Indigenous Peoples of the United States of the Committee 
     on Natural Resources of the House of Representatives.
                                 ______
                                 
  SA 6383. Mr. GRAHAM (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:

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

     SEC. 1239. AMENDMENTS TO AMERICAN SERVICEMEMBERS' PROTECTION 
                   ACT OF 2002 RELATED TO INVESTIGATIONS OF 
                   ATROCITY CRIMES IN UKRAINE.

       Section 2004(h) of the American Servicemembers' Protection 
     Act of 2002 (22 U.S.C. 7423(h)) is amended--
       (1) by striking ``Agents.--No agent'' and inserting the 
     following: ``Agents.--
       ``(1) In general.--No agent''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Exception.--The prohibition under paragraph (1) shall 
     not apply with respect to investigative activities that--
       ``(A) relate solely to investigations of foreign persons 
     suspected of atrocity crimes in Ukraine; and
       ``(B) are undertaken in concurrence with the Attorney 
     General.''.
                                 ______
                                 
  SA 6384. 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 XII, add the following:

     SEC. 1254. TRANSPARENCY IN OUTBOUND INVESTMENT IN NATIONAL 
                   CRITICAL TECHNOLOGIES.

       The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
     is amended by adding at the end the following:

  ``TITLE VIII--OUTBOUND INVESTMENT IN NATIONAL CRITICAL TECHNOLOGIES

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate; and
       ``(B) the Committee on Financial Services of the House of 
     Representatives.
       ``(2) Country of concern.--The term `country of concern' 
     means the People's Republic of China.
       ``(3) Covered foreign entity.--
       ``(A) In general.--Subject to regulations prescribed by the 
     President in accordance with section 806, and except as 
     provided in subparagraph (B), the term `covered foreign 
     entity' means--
       ``(i) any entity that is incorporated in, has a principal 
     place of business in, or is organized under the laws of, a 
     country of concern;
       ``(ii) any entity the equity securities of which are 
     primarily traded on one or more exchanges in a country of 
     concern; or
       ``(iii) any entity in which any entity described in clause 
     (i) or (ii), or a group of such

[[Page S5909]]

     entities, holds, individually or in aggregate, directly or 
     indirectly, an ownership interest of greater than 50 percent.
       ``(B) Exception.--The term `covered foreign entity' shall 
     not include any entity described in subparagraph (A)(ii) that 
     can demonstrate that a majority of the equity interest in 
     such entity is ultimately owned by nationals of the United 
     States or individuals who are not nationals of a country of 
     concern, as defined in regulations prescribed by the 
     President.
       ``(4) Covered investment.--
       ``(A) In general.--Subject to such regulations as may be 
     prescribed by the President in accordance with section 806, 
     and except as provided in subparagraph (C), the term `covered 
     investment' means any investment engaged in by a United 
     States person on or after the effective date of such 
     regulations--
       ``(i) that involves--

       ``(I) a direct acquisition of an equity interest or 
     contingent equity interest in, or monetary capital 
     contribution in, a covered foreign entity;
       ``(II) an arrangement for an interest in the short- or 
     long-term debt obligations of a covered foreign entity that 
     include government rights characteristic of an equity 
     investment, management, or other important rights;
       ``(III) the establishment of a wholly owned subsidiary in a 
     country of concern;
       ``(IV) the establishment of a joint venture in a country of 
     concern or with a covered foreign entity; or
       ``(V) any deceptive or structured arrangement attempting to 
     evade falling into a category described in any of subclauses 
     (I) through (IV); and

       ``(ii) if--

       ``(I) the covered foreign entity the investment is in, or 
     that is formed as a result of the investment, produces, 
     designs, tests, manufactures, fabricates, or develops a 
     national critical technology; and
       ``(II) as a result of the investment, the United States 
     person imparts management or procedural know-how to the 
     entity described in subclause (I) that would result in 
     product improvement or technology development advances in 
     such technology.

       ``(B) Exceptions.--The term `covered investment' does not 
     include--
       ``(i) any transaction for which the President determines 
     the value is de minimis;
       ``(ii) any category of transactions that the President 
     determines is in the national interest of the United States, 
     as may be defined by the President through regulations;
       ``(iii) the acquisition by a United States person of a 
     multinational corporation that is not headquartered in a 
     country of concern but has subsidiaries or other assets 
     located in a country of concern;
       ``(iv) basic research collaboration, including open source 
     research;
       ``(v) sharing of publicly available know-how, including in 
     standards organizations related to a country of concern; or
       ``(vi) any transaction that occurred before the effective 
     date of regulations prescribed in accordance with section 
     806.
       ``(5) Export administration regulations.--The term `Export 
     Administration Regulations' has the meaning given that term 
     in section 1742 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4801).
       ``(6) National critical technology.--The term `national 
     critical technology' means a technology that--
       ``(A) relates to semiconductors, artificial intelligence, 
     or quantum computing; and
       ``(B) if the technology were produced in the United States, 
     would be--
       ``(i)(I) included on the Commerce Control List maintained 
     by the Bureau of Industry and Security and set forth in 
     Supplement No. 1 to part 774 of the Export Administration 
     Regulations; or
       ``(II) identified as an emerging and foundational 
     technology pursuant to section 1758 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4817); and
       ``(ii) subject to the requirement for a license under the 
     Export Administration Regulations for a United States person 
     to export the technology to a country of concern.
       ``(7) United states.--The term `United States' means the 
     several States, the District of Columbia, and any territory 
     or possession of the United States.
       ``(8) United states person.--The term `United States 
     person' means--
       ``(A) an individual who is a citizen or national of the 
     United States or alien admitted for permanent residence in 
     the United States; and
       ``(B) any corporation, partnership, or entity organized 
     under the laws of the United States or the laws of any 
     jurisdiction within the United States.

     ``SEC. 802. ADMINISTRATION OF INVESTMENT NOTIFICATION 
                   AUTHORITY.

       ``The President shall delegate the authorities and 
     functions under this title to the Assistant Secretary of the 
     Treasury for Investment Security.

     ``SEC. 803. MANDATORY NOTIFICATION OF COVERED INVESTMENTS.

       ``(a) Mandatory Notification.--
       ``(1) In general.--Subject to regulations prescribed by the 
     President in accordance with section 806, on and after the 
     effective date of such regulations, a United States person 
     that plans to engage in a covered investment shall submit to 
     the President a complete written notification of the 
     investment not later than 15 days after the date of the start 
     of the covered investment.
       ``(2) Inspection of notification.--The President shall--
       ``(A) upon receipt of a notification under paragraph (1), 
     promptly inspect the notification for completeness; and
       ``(B) if the notification is incomplete, promptly inform 
     the United States person that submits the notification that 
     the notification is not complete and provide an explanation 
     of relevant material respects in which the notification is 
     not complete.
       ``(b) Confidentiality of Information.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     information or documentary material and any information or 
     materials derived from such information or documentary 
     materials filed with the President pursuant to this section 
     shall be exempt from disclosure under section 552 of title 5, 
     United States Code, and no such information or documentary 
     material may be made public.
       ``(2) Exceptions.--The exemption from disclosure provided 
     by paragraph (1) shall not prevent the disclosure of the 
     following:
       ``(A) Information relevant to any administrative or 
     judicial action or proceeding.
       ``(B) Information to the chairman and ranking member of the 
     appropriate congressional committees.
       ``(C) Information important to the national security 
     analysis or actions of the President to any domestic 
     governmental entity, or to any foreign governmental entity of 
     a United States ally or partner, under the exclusive 
     direction and authorization of the President, only to the 
     extent necessary for national security purposes, and subject 
     to appropriate confidentiality and classification 
     requirements.
       ``(D) Information that the parties have consented to be 
     disclosed to third parties.

     ``SEC. 804. ANNUAL REPORT.

       ``(a) In General.--Not later than one year after the date 
     on which the regulations required by section 806 take effect, 
     and annually thereafter, the President shall submit to the 
     appropriate congressional committees a report describing, for 
     the year preceding submission of the report, the 
     notifications received under section 803(a).
       ``(b) Form of Report.--The report required by subsection 
     (a) shall be submitted in unclassified form, but may include 
     a classified annex.

     ``SEC. 805. PENALTIES AND ENFORCEMENT.

       ``(a) Unlawful Acts.--Subject to regulations prescribed by 
     the President in accordance with section 806, the following 
     shall be unlawful:
       ``(1) Failing to submit a notification under section 803(a) 
     with respect to a covered investment.
       ``(2) Making a material misstatement or to omit a material 
     fact in any information submitted to the President under this 
     title.
       ``(b) Civil Penalties.--A civil penalty may be imposed on 
     any person that commits an unlawful act described in 
     subsection (a) in an amount not to exceed the greater of--
       ``(1) $250,000; or
       ``(2) an amount that is twice the amount of the covered 
     investment that is the basis of the violation with respect to 
     which the penalty is imposed.

     ``SEC. 806. REQUIREMENT FOR REGULATIONS.

       ``(a) In General.--Not later than 12 months after the date 
     of the enactment of this title, the President shall finalize 
     regulations to carry out this title.
       ``(b) Elements.--Regulations prescribed to carry out this 
     title--
       ``(1) shall include specific examples of the types of 
     investments that will be considered to be covered 
     investments;
       ``(2) shall establish a de minimis value for transactions 
     that will not be considered to be covered investments under 
     section 801(3)(B)(i); and
       ``(3) may include exceptions to the definition of `national 
     critical technology' for technologies the President 
     determines do not pose a risk to the national security of the 
     United States.
       ``(c) Requirements for Certain Regulations.--The President 
     shall prescribe regulations further defining the terms used 
     in this title, including `covered investment' and `covered 
     foreign entity'.

     ``SEC. 807. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this title, 
     including to provide outreach to industry and persons 
     affected by this title.
       ``(b) Hiring Authority.--The Assistant Secretary of the 
     Treasury for Investment Security may appoint, without regard 
     to the provisions of sections 3309 through 3318 of title 5, 
     United States Code, candidates directly to positions in the 
     competitive service (as defined in section 2102 of that 
     title). The primary responsibility of positions authorized 
     under the preceding sentence shall be to administer this 
     title.

     ``SEC. 808. EFFECTIVE DATE.

       ``The notification requirements and associated penalties 
     provided for under this title shall take effect on the date 
     on which all regulations have been prescribed to carry out 
     this title in accordance with section 806.

     ``SEC. 809. EFFECT ON INVESTMENT, TRADE, AND OTHER LAWS.

       ``(a) Rules of Construction.--Nothing in this title may be 
     construed--
       ``(1) to restrain or deter foreign investment in the United 
     States, United States investment abroad, or trade in goods or 
     services, if such investment and trade do not pose a risk to 
     the national security of the United States; or
       ``(2) to alter or affect the authorities or requirements 
     under the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.).

[[Page S5910]]

       ``(b) International Emergency Economic Powers Act.--The 
     President may not use authorities under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to 
     establish a mechanism for reviewing, screening, or 
     prohibiting outbound investment other than the mechanism 
     established by this title.''.
                                 ______
                                 
  SA 6385. 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 G of title X, add the following:

     SEC. 1077. MODIFICATION OF WAIVER AUTHORITY UNDER TITLE III 
                   OF DEFENSE PRODUCTION ACT OF 1950.

       The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
     is amended--
       (1) in section 301(d)(1)(B) (50 U.S.C. 4531(d)(1)(B))--
       (A) by striking clause (ii);
       (B) by striking ``may be waived'' and all that follows 
     through ``during'' and inserting ``may be waived during''; 
     and
       (C) by striking ``; or'' and inserting ``in response to a 
     significant national security threat.'';
       (2) in section 302(d)(2) (50 U.S.C. 4532(d)(2))--
       (A) by striking subparagraph (B);
       (B) by striking ``may be waived'' and all that follows 
     through ``during'' and inserting ``may be waived during''; 
     and
       (C) by striking ``; and'' and inserting ``in response to a 
     significant national security threat.''; and
       (3) in section 303(a)(7) (50 U.S.C. 4533(a)(7))--
       (A) by striking subparagraph (B);
       (B) by striking ``may be waived'' and all that follows 
     through ``during'' and inserting ``may be waived during''; 
     and
       (C) by striking ``; or'' and inserting ``in response to a 
     significant national security threat.''.
                                 ______
                                 
  SA 6386. 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 G of title X, add the following:

     SEC. 1077. MODIFICATION OF WAIVER AUTHORITY UNDER TITLE III 
                   OF DEFENSE PRODUCTION ACT OF 1950.

       The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
     is amended--
       (1) in section 301(d)(1)(B) (50 U.S.C. 4531(d)(1)(B))--
       (A) by striking clause (ii);
       (B) by striking ``may be waived'' and all that follows 
     through ``during'' and inserting ``may be waived during''; 
     and
       (C) by striking ``; or'' and inserting a period;
       (2) in section 302(d)(2) (50 U.S.C. 4532(d)(2))--
       (A) by striking subparagraph (B);
       (B) by striking ``may be waived'' and all that follows 
     through ``during'' and inserting ``may be waived during''; 
     and
       (C) by striking ``; and'' and inserting a period; and
       (3) in section 303(a)(7) (50 U.S.C. 4533(a)(7))--
       (A) by striking subparagraph (B);
       (B) by striking ``may be waived'' and all that follows 
     through ``during'' and inserting ``may be waived during''; 
     and
       (C) by striking ``; or'' and inserting a period.
                                 ______
                                 
  SA 6387. 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 end of subtitle E of title V, add the following:

     SEC. 875. ACQUISITION DATA MODERNIZATION.

       Title 41, United States Code, is amended as follows:
       (1) In section 1101(b)(1), by striking ``and forms'' and 
     inserting ``forms, and data''.
       (2) In section 1121--
       (A) in subsection (a), by striking ``procurement systems'' 
     and inserting ``the procurement lifecycle, procurement data 
     management capabilities (including the government-wide point 
     of entry), procurement business processes, and procurement 
     data'';
       (B) in subsection (c)(3), by striking ``and forms'' and 
     inserting ``forms, and data''; and
       (C) in subsection (d), by striking ``forms'' each place it 
     appears and inserting ``data''.
       (3) In section 1122--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``forms'' and by 
     inserting ``data'';
       (ii) in paragraph (2)--

       (I) by striking ``system'' and by inserting ``data 
     management capabilities and''; and
       (II) by striking ``in their procurement systems'' and 
     inserting ``for use in procurement processes and associated 
     technology'';

       (iii) in paragraph (4)(A)--

       (I) by striking ``the computer-based Federal Procurement 
     Data System'' and by inserting ``centralized and shared 
     procurement data management capabilities supporting the 
     procurement lifecycle''; and
       (II) by inserting ``analyze,'' after ``develop,'';

       (iv) in paragraph (7), by striking ``and forms'' and 
     inserting ``forms, and procurement data management 
     standards'';
       (v) in paragraph (8), by striking ``forms'' and by 
     inserting ``data'';
       (vi) in paragraph (12)--

       (I) by inserting ``and determining relevant data 
     standards'' after ``developing policies''; and
       (II) by striking ``women; and'' and inserting ``women;''; 
     and

       (vii) by striking paragraph (13) and inserting the 
     following new paragraphs:
       ``(13) ensuring the alignment of data with procurement 
     policy, appropriate transparency of relevant data, and 
     effective procurement business processes and supporting 
     technology in order to ensure the appropriate display, 
     protection, and use of procurement data; and
       ``(14) developing and providing executive agencies with the 
     requirements and standards for the universal, single 
     Government-wide point of entry for procurement as well as the 
     minimum contents for electronic records.''; and
       (B) in subsection (b)(3), by striking ``development, and 
     maintenance'' and inserting ``development, maintenance, and 
     management''.
                                 ______
                                 
  SA 6388. Ms. HASSAN (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 strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. NATIONAL RISK MANAGEMENT CYCLE.

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

     ``SEC. 2220E. NATIONAL RISK MANAGEMENT CYCLE.

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

[[Page S5911]]

       ``(ii) not later than 1 year after the date on which the 
     Secretary submits a periodic evaluation described in section 
     9002(b)(2) of title XC of division H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).
       ``(2) National critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers each report required under 
     paragraph (1), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--Each strategy delivered under subparagraph 
     (A) shall--
       ``(i) identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise or disrupt 
     national critical functions impacting national security, 
     economic security, or public health and safety;
       ``(ii) assess the implementation of the previous national 
     critical infrastructure resilience strategy, as applicable;
       ``(iii) identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified;
       ``(iv) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each; and
       ``(v) request any additional authorities necessary to 
     successfully execute the strategy.
       ``(C) Form.--Each strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers a strategy under 
     this section, and every year thereafter, the Secretary, in 
     coordination with Sector Risk Management Agencies, shall 
     brief the appropriate committees of Congress on--
       ``(A) the national risk management cycle activities 
     undertaken pursuant to the strategy; and
       ``(B) the amounts and timeline for funding that the 
     Secretary has determined would be necessary to address risks 
     and successfully execute the full range of activities 
     proposed by the strategy.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended--
       (1) by moving the item relating to section 2220D to appear 
     after the item relating to section 2220C; and
       (2) by inserting after the item relating to section 2220D 
     the following:

``Sec. 2220E. National risk management cycle.''.
                                 ______
                                 
  SA 6389. Mr. WHITEHOUSE (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 appropriate place in title X, insert the following:

     SEC. ___. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND 
                   CORRUPTION.

       Section 101 of the National Security Act of 1947 (50 U.S.C. 
     3021) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) coordinate, without assuming operational authority, 
     the United States Government efforts to identify and seize 
     assets that are the proceeds of corruption pertaining to 
     China, Iran, North Korea, or Russia and identifying the 
     national security implications of strategic corruption in 
     such countries.''.
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following:
       ``(h) Coordinator for Combating Foreign Kleptocracy and 
     Corruption.--
       ``(1) In general.--The President shall designate an 
     employee of the National Security Council to be responsible 
     for the coordination of the interagency process for 
     identifying and seizing assets that are that are the proceeds 
     of corruption pertaining to China, Iran, North Korea, or 
     Russia and identifying the national security implications of 
     strategic corruption in such countries.
       ``(2) Reporting.--The employee designated under paragraph 
     (1) shall report to the Council's Senior Director for Europe.
       ``(3) Coordination with coordinator for combating malign 
     foreign influence operations and campaigns.--The employee 
     designated under paragraph (1) of this subsection shall 
     coordinate with the employee designated under subsection 
     (g)(1).
       ``(4) Liaison.--The employee designated under paragraph (1) 
     shall serve as a liaison, for purposes of coordination 
     described in such paragraph, with the following:
       ``(A) The Department of the Treasury.
       ``(B) The Department of Justice.
       ``(C) The Department of Defense.
       ``(D) The intelligence community.
       ``(E) The Department of State.
       ``(F) Good government transparency groups in civil 
     society.''.
                                 ______
                                 
  SA 6390. 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 end of subtitle B of title VIII, add the following:

     SEC. 829. FEDERAL CONTRACTING FOR PEACE AND SECURITY.

       (a) Purpose.--It is the policy of the Federal Government 
     not to contract with entities that undermine United States 
     interests by continuing to conduct business operations in the 
     Russian Federation during its ongoing war of aggression 
     against Ukraine.
       (b) Contracting Prohibition.--
       (1) Prohibition.--The head of an executive agency may not 
     enter into, extend, or renew a covered contract with an 
     entity that continues to conduct business operations in the 
     territory internationally recognized as the Russian 
     Federation during the covered period.
       (2) Exceptions.--
       (A) Good faith exemption.--The Office of Management and 
     Budget, in consultation with the General Services 
     Administration, may exempt a contractor from the prohibition 
     in paragraph (1) if the contractor has--
       (i) pursued and continues to pursue all reasonable steps in 
     demonstrating a good faith effort to comply with the 
     requirements of this Act; and
       (ii) provided to the executive agency a reasonable, written 
     plan to achieve compliance with such requirements.
       (B) Permissible operations.--The prohibition in paragraph 
     (1) shall not apply to business operations in Russia 
     authorized by a license issued by the Office of Foreign 
     Assets Control or the Bureau of Industry and Security or is 
     otherwise allowed to operate notwithstanding the imposition 
     of sanctions or export controls.
       (C) American diplomatic mission in russia.--The prohibition 
     in paragraph (1) shall not apply to contracts related to the 
     operation and maintenance of the United States Government's 
     consular offices and diplomatic posts in Russia.
       (D) Individual contracts.--The prohibition under paragraph 
     (1) shall not apply to any contract that is any of the 
     following:
       (i) For the benefit, either directly or through the efforts 
     of regional allies, of the country of Ukraine.
       (ii) For humanitarian purposes to meet basic human needs.
       (3) National interest and public interest waivers.--
       (A) In general.--The head of an executive agency is 
     authorized to waive the prohibition under paragraph (1) with 
     respect to a covered contract if the head of the agency 
     certifies in writing to the President that such waiver is for 
     the national interest of the United States or in the public 
     interest of the United States, and includes in such 
     certification a justification for the waiver and description 
     of the contract to which the waiver applies. The authority in 
     this subparagraph may not be delegated below the level of the 
     senior procurement executive of the agency.
       (B) Congressional notification.--The head of an executive 
     agency shall, not later than 7 days before issuing a waiver 
     described in subparagraph (A), submit to the appropriate 
     congressional committees the certification described in such 
     subparagraph.
       (4) Emergency rulemaking authority.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Director of the Office of Management and Budget, in 
     consultation with the Administrator of General Services and 
     the Secretary of Defense, shall promulgate regulations for 
     agency implementation of this Act using emergency rulemaking 
     procedures while considering public comment to the greatest 
     extent practicable, that includes the following:
       (A) A list of equipment, facilities, personnel, products, 
     services, or other items or activities, the engagement with 
     which would be considered business operations, subject to the 
     prohibition under paragraph (1).
       (B) A requirement for a contractor or offeror to represent 
     whether such contractor or offeror uses any of the items, or 
     is engaged in any of the activities on the list, described in 
     subparagraph (A).
       (C) A description of the process for determining a good 
     faith exemption described under paragraph (2).
       (5) Definitions.--In this section:

[[Page S5912]]

       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Reform of the House of 
     Representatives.
       (B) Business operations.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), the term ``business operations'' means engaging in 
     commerce in any form, including acquiring, developing, 
     selling, leasing, or operating equipment, facilities, 
     personnel, products, services, personal property, real 
     property, or any other apparatus of business or commerce.
       (ii) Exceptions.--The term ``business operations'' does not 
     include any of the following:

       (I) Action taken for the benefit of the country of Ukraine.
       (II) Activities to support humanitarian projects to meet 
     basic human needs in Ukraine or the Russian Federation, 
     including--

       (aa) drought and flood relief;
       (bb) food, nutrition, and medicine distribution;
       (cc) the provision of health services;
       (dd) assistance for vulnerable or displaced populations, 
     including individuals with disabilities and the elderly; and
       (ee) environmental programs.

       (III) Activities to support education in Ukraine or the 
     Russian Federation, including combating illiteracy, 
     increasing access to education, international exchanges, and 
     assisting education reform projects.
       (IV) Activities to support non-commercial development 
     projects directly benefitting the people of Ukraine or the 
     Russian Federation, including those related to health, food 
     security, and water and sanitation.
       (V) The provision of products or services for compliance 
     with legal, reporting, or other requirements of the laws or 
     standards of countries other than the Russian Federation.
       (VI) Journalistic and publishing activities, news 
     reporting, or the gathering and dissemination of information, 
     informational materials, related services, or transactions 
     ordinarily incident to journalistic and publishing 
     activities.
       (VII) Research activities, including medical research, for 
     purposes of benefit to the general public.

       (iii) Exception for suspension or termination actions.--The 
     term ``business operations'' does not include action taken to 
     support the suspension or termination of business operations 
     (as described in clause (i)) for the duration of the covered 
     period, including--

       (I) an action to secure or divest from facilities, 
     property, or equipment;
       (II) the provision of products or services provided to 
     reduce or eliminate operations in territory internationally 
     recognized as the Russian Federation or to comply with 
     sanctions relating to the Russian Federation; and
       (III) activities that are incident to liquidating, 
     dissolving, or winding down a subsidiary or legal entity in 
     Russia through which operations had been conducted, including 
     actions required to meet any judicial or regulatory 
     requirements or orders of the Russian Federation.

       (C) Covered contract.--The term ``covered contract'' means 
     a prime contract entered into by an executive agency with a 
     company conducting business operations in territory 
     internationally recognized as the Russian Federation during 
     the covered period.
       (D) Covered period.--The term ``covered period'' means the 
     period of time beginning 180 days after the date of the 
     enactment of this Act and ending on a date that is determined 
     by the Secretary of State based on steps taken by the Russian 
     Federation to restore the safety, sovereignty, and condition 
     of the country of Ukraine, or 10 years after the date of the 
     enactment of this Act, whichever is sooner.
       (E) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.-
                                 ______
                                 
  SA 6391. 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 end, add the following:

                 DIVISION E--ADVANCING AMERICAN AI ACT

     SEC. 5001. SHORT TITLE.

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

     SEC. 5002. PURPOSES.

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

     SEC. 5003. DEFINITIONS.

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

     SEC. 5004. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 
                   INTELLIGENCE IN GOVERNMENT.

       (a) Guidance.--The Director shall, when developing the 
     guidance required under section 104(a) of the AI in 
     Government Act of 2020 (title I of division U of Public Law 
     116-260), consider--
       (1) the considerations and recommended practices identified 
     by the National Security Commission on Artificial 
     Intelligence in the report entitled ``Key Considerations for 
     the Responsible Development and Fielding of AI'', as updated 
     in April 2021;
       (2) the principles articulated in Executive Order 13960 (85 
     Fed. Reg. 78939; relating to promoting the use of trustworthy 
     artificial intelligence in Government); and
       (3) the input of--
       (A) the Privacy and Civil Liberties Oversight Board;
       (B) relevant interagency councils, such as the Federal 
     Privacy Council, the Chief Information Officers Council, and 
     the Chief Data Officers Council;
       (C) other governmental and nongovernmental privacy, civil 
     rights, and civil liberties experts; and
       (D) any other individual or entity the Director determines 
     to be appropriate.
       (b) Department Policies and Processes for Procurement and 
     Use of Artificial Intelligence-enabled Systems.--Not later 
     than 180 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security, with the 
     participation of the Chief Procurement Officer, the Chief 
     Information Officer, the Chief Privacy Officer, and the 
     Officer for Civil Rights and Civil Liberties of the 
     Department and any other person determined to be relevant by 
     the Secretary of Homeland Security, shall issue policies and 
     procedures for the Department related to--
       (A) the acquisition and use of artificial intelligence; and
       (B) considerations for the risks and impacts related to 
     artificial intelligence-enabled systems, including associated 
     data of machine learning systems, to ensure that full 
     consideration is given to--
       (i) the privacy, civil rights, and civil liberties impacts 
     of artificial intelligence-enabled systems; and
       (ii) security against misuse, degradation, or rending 
     inoperable of artificial intelligence-enabled systems; and
       (2) the Chief Privacy Officer and the Officer for Civil 
     Rights and Civil Liberties of the Department shall report to 
     Congress on any additional staffing or funding resources that 
     may be required to carry out the requirements of this 
     subsection.
       (c) Inspector General.--Not later than 180 days after the 
     date of enactment of this Act, the Inspector General of the 
     Department shall identify any training and investments needed 
     to enable employees of the Office of the Inspector General to 
     continually advance their understanding of--
       (1) artificial intelligence systems;
       (2) best practices for governance, oversight, and audits of 
     the use of artificial intelligence systems; and

[[Page S5913]]

       (3) how the Office of the Inspector General is using 
     artificial intelligence to enhance audit and investigative 
     capabilities, including actions to--
       (A) ensure the integrity of audit and investigative 
     results; and
       (B) guard against bias in the selection and conduct of 
     audits and investigations.
       (d) Artificial Intelligence Hygiene and Protection of 
     Government Information, Privacy, Civil Rights, and Civil 
     Liberties.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in consultation with a 
     working group consisting of members selected by the Director 
     from appropriate interagency councils, shall develop an 
     initial means by which to--
       (A) ensure that contracts for the acquisition of an 
     artificial intelligence system or service--
       (i) align with the guidance issued to the head of each 
     agency under section 104(a) of the AI in Government Act of 
     2020 (title I of division U of Public Law 116-260);
       (ii) address protection of privacy, civil rights, and civil 
     liberties;
       (iii) address the ownership and security of data and other 
     information created, used, processed, stored, maintained, 
     disseminated, disclosed, or disposed of by a contractor or 
     subcontractor on behalf of the Federal Government; and
       (iv) include considerations for securing the training data, 
     algorithms, and other components of any artificial 
     intelligence system against misuse, unauthorized alteration, 
     degradation, or rendering inoperable; and
       (B) address any other issue or concern determined to be 
     relevant by the Director to ensure appropriate use and 
     protection of privacy and Government data and other 
     information.
       (2) Consultation.--In developing the considerations under 
     paragraph (1)(A)(iv), the Director shall consult with the 
     Secretary of Homeland Security, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     National Intelligence.
       (3) Review.--The Director--
       (A) should continuously update the means developed under 
     paragraph (1); and
       (B) not later than 2 years after the date of enactment of 
     this Act and not less frequently than every 2 years 
     thereafter, shall update the means developed under paragraph 
     (1).
       (4) Briefing.--The Director shall brief the appropriate 
     congressional committees--
       (A) not later than 90 days after the date of enactment of 
     this Act and thereafter on a quarterly basis until the 
     Director first implements the means developed under paragraph 
     (1); and
       (B) annually thereafter on the implementation of this 
     subsection.
       (5) Sunset.--This subsection shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 5005. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE 
                   CASES.

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

     SEC. 5006. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES TO 
                   DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO 
                   USE CASES.

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

     SEC. 5007. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

       (a) Innovative Commercial Items.--Section 880 of the 
     National Defense Authorization Act for Fiscal Year 2017 (41 
     U.S.C. 3301 note) is amended--

[[Page S5914]]

       (1) in subsection (c), by striking $10,000,000'' and 
     inserting ``$25,000,000'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Definitions.--In this section--
       ``(1) the term `commercial product'--
       ``(A) has the meaning given the term `commercial item' in 
     section 2.101 of the Federal Acquisition Regulation; and
       ``(B) includes a commercial product or a commercial 
     service, as defined in sections 103 and 103a, respectively, 
     of title 41, United States Code; and
       ``(2) the term `innovative' means--
       ``(A) any new technology, process, or method, including 
     research and development; or
       ``(B) any new application of an existing technology, 
     process, or method.''; and
       (3) in subsection (g), by striking ``2022'' and insert 
     ``2027''.
       (b) DHS Other Transaction Authority.--Section 831 of the 
     Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``September 30, 2017'' and inserting ``September 30, 2024''; 
     and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Prototype projects.--The Secretary--
       ``(A) may, under the authority of paragraph (1), carry out 
     prototype projects under section 4022 of title 10, United 
     States Code; and
       ``(B) in applying the authorities of such section 4022, the 
     Secretary shall perform the functions of the Secretary of 
     Defense as prescribed in such section.'';
       (2) in subsection (c)(1), by striking ``September 30, 
     2017'' and inserting ``September 30, 2024''; and
       (3) in subsection (d), by striking ``section 845(e)'' and 
     all that follows and inserting ``section 4022(e) of title 10, 
     United States Code.''.
       (c) Commercial Off the Shelf Supply Chain Risk Management 
     Tools.--The General Services Administration is encouraged to 
     pilot commercial off the shelf supply chain risk management 
     tools to improve the ability of the Federal Government to 
     characterize, monitor, predict, and respond to specific 
     supply chain threats and vulnerabilities that could inhibit 
     future Federal acquisition operations.
                                 ______
                                 
  SA 6392. Mr. WHITEHOUSE (for himself, Mr. Graham, Mr. Risch, Mr. 
Bennet, 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 title XII, add the following:

          Subtitle G--Asset Seizure for Ukraine Reconstruction

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Asset Seizure for 
     Ukraine Reconstruction Act''.

     SEC. 1282. NATIONAL EMERGENCY DECLARATION RELATING TO HARMFUL 
                   ACTIVITIES OF RUSSIAN FEDERATION RELATING TO 
                   UKRAINE.

       The President may exercise the authority provided by this 
     subtitle if the President--
       (1) declares a national emergency under section 201 of the 
     National Emergencies Act (50 U.S.C. 1621) with respect to 
     actions of the Government of the Russian Federation or 
     nationals of the Russian Federation that threaten the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine; and
       (2) declares that the use of the authority provided by this 
     subtitle is necessary as a response to the national 
     emergency.

     SEC. 1283. AUTHORITY FOR FORFEITURE OF PROPERTY.

       (a) In General.--Subject to a national emergency declared 
     under section 1282, property is subject to forfeiture to the 
     United States if--
       (1) the property is subject to the jurisdiction of the 
     United States; and
       (2) the property is--
       (A) property that constitutes or is derived from proceeds 
     traceable to a violation of--
       (i) chapter 113B of title 18, United States Code (relating 
     to terrorism);
       (ii) section 215 of that title (relating to receipt of 
     commissions or gifts for procuring loans); or
       (iii) section 1032 of that title (relating to concealment 
     of assets from conservator, receiver, or liquidating agent); 
     or
       (B) property subject to forfeiture pursuant to section 
     981(a) of that title.
       (b) Vesting of Title.--All right, title, and interest in 
     property forfeited under subsection (a) shall vest in the 
     United States upon commission of the act giving rise to 
     forfeiture under subsection (a)(2).
       (c) Innocent Owner Defense.--
       (1) In general.--An innocent owner's interest in property 
     shall not be forfeited under this section. The claimant shall 
     have the burden of proving that the claimant is an innocent 
     owner by a preponderance of the evidence.
       (2) Prohibition on assertion of ownership interest.--
     Notwithstanding any provision of this subsection, no person 
     may assert an ownership interest under this subsection in 
     contraband or other property that is illegal to possess.
       (3) Definitions.--In this subsection:
       (A) Innocent owner.--The term ``innocent owner'' means--
       (i) with respect to a property interest in existence at the 
     time the conduct giving rise to forfeiture took place, an 
     owner that--

       (I) did not know of the conduct giving rise to forfeiture; 
     or
       (II) upon learning of the conduct giving rise to the 
     forfeiture, did all that reasonably could be expected under 
     the circumstances to terminate such use of the property; and

       (ii) with respect to a property interest acquired after the 
     conduct giving rise to the forfeiture has taken place, a 
     person who, at the time that person acquired the interest in 
     the property--

       (I) was a bona fide purchaser or seller for value 
     (including a purchaser or seller of goods or services for 
     value); and
       (II) did not know and was reasonably without cause to 
     believe that the property was subject to forfeiture.

       (B) Owner.--The term ``owner''--
       (i) means a person with an ownership interest in the 
     specific property sought to be forfeited, including a 
     leasehold, lien, mortgage, recorded security interest, or 
     valid assignment of an ownership interest; and
       (ii) does not include--

       (I) a person with only a general unsecured interest in, or 
     claim against, the property or estate of another;
       (II) a bailee unless the bailor is identified and the 
     bailee shows a colorable legitimate interest in the property 
     seized; or
       (III) a nominee who exercises no dominion or control over 
     the property.

     SEC. 1284. PROCEDURES.

       (a) Investigations.--The Attorney General and the Secretary 
     of the Treasury (or a designee), in coordination with the 
     heads of such other relevant agencies as the Attorney General 
     or the Secretary considers appropriate, may investigate and 
     identify property subject to forfeiture under section 1283.
       (b) Seizures.--
       (1) In general.--Except as provided in section 985 of title 
     18, United States Code, any property identified under 
     subsection (a) as being subject to forfeiture under section 
     1283 may be seized by the Attorney General in accordance with 
     paragraph (2).
       (2) Warrants.--
       (A) In general.--Except as provided by subparagraph (B), a 
     seizure pursuant to this subsection shall be made pursuant to 
     a warrant obtained in the same manner is as provided for 
     obtaining a search warrant under the Federal Rules of 
     Criminal Procedure.
       (B) Issuance; execution.--Notwithstanding rule 41 of the 
     Federal Rules of Criminal Procedure, a warrant for the 
     seizure of any property identified under subsection (a) may 
     be--
       (i) issued by a judicial officer of the United States 
     District Court for the District of Columbia; and
       (ii) executed in any district in which the property is 
     found or transmitted to the government of a foreign country 
     for service in accordance with an applicable treaty or other 
     international agreement.
       (c) Forfeiture.--
       (1) Initial determination.--The Secretary of the Treasury 
     shall determine whether property seized under subsection (b) 
     is subject to forfeiture under section 1283.
       (2) Record.--To support a determination under paragraph 
     (1), the Attorney General, in consultation with the Secretary 
     and with the assistance of the heads of such other relevant 
     agencies as the Attorney General or the Secretary considers 
     appropriate, shall create a record of each property seized 
     under subsection (b), which shall demonstrate whether that 
     property is subject to forfeiture under section 1283.
       (3) Notice.--Not less than 60 days before any order of 
     forfeiture on any property seized under subsection (b), the 
     Attorney General shall provide notice of the initial 
     determination under paragraph (1) to--
       (A) any person identified as having a protected legal 
     interest in the property, in a manner reasonably calculated 
     to reach such person; and
       (B) the public, through publication on an internet website 
     of the United States Government or other means the Attorney 
     General considers appropriate.
       (4) Administrative reconsideration.--
       (A) In general.--If, 60 days after a notice of initial 
     determination has been issued under paragraph (3) with 
     respect to property, a request for administrative 
     reconsideration of such determination has not been filed, the 
     Secretary shall order forfeiture of the property.
       (B) Review of initial determination.--If, not later than 60 
     days after a notice of initial determination has been issued 
     under paragraph (3) with respect to property, any person with 
     a protected legal interest in the property files a request 
     for administrative reconsideration of such determination, 
     which shall include an identification of each beneficial 
     owner of such property, the Secretary shall review such 
     request and, in consultation with the Attorney General, 
     determine, based on a preponderance of the evidence, whether 
     the property is subject to forfeiture under section 1283.
       (C) Final determination.--

[[Page S5915]]

       (i) In general.--Not later than 45 days after a person 
     files a request under subparagraph (B) for administrative 
     reconsideration of an initial determination under paragraph 
     (1), the Secretary shall provide notice to that person of the 
     determination of the Secretary under subparagraph (B).
       (ii) Order of forfeiture.--Ten days after a notice of 
     determination has been issued under clause (i), if the 
     determination is affirmative and no person with a protected 
     legal interest in the property has filed a request for 
     judicial review under section 1285--

       (I) the determination shall be final; and
       (II) the Secretary may order forfeiture of the property.

       (d) Exclusion From Definition of Civil Forfeiture 
     Statute.--Section 983(i)(2)(D) of title 18, United States 
     Code, is amended by striking ``or the North Korea Sanctions 
     Enforcement Act of 2016'' and inserting ``the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9201 
     et seq.), or the Asset Seizure for Ukraine Reconstruction 
     Act''.

     SEC. 1285. JUDICIAL REVIEW.

       (a) Filing of Petition for Review.--A person that filed a 
     request under paragraph (4)(B) of section 1284(c) for 
     administrative reconsideration of an initial determination of 
     the Secretary of the Treasury under paragraph (1) of that 
     section may seek judicial review of a determination of the 
     Secretary under paragraph (4)(C) of that section by filing a 
     petition for review in the United States District Court for 
     the District of Columbia not later than 10 days after a 
     notice of determination has been issued under paragraph 
     (4)(C)(i) of that section.
       (b) Expedited Consideration.--A petition filed under 
     subsection (a)(1) shall--
       (1) be assigned for hearing at the earliest possible date;
       (2) take all possible precedence over other matters pending 
     on the docket of the court at that time; and
       (3) be expedited by the court to the greatest extent 
     practicable.
       (c) Filing of Administrative Records.--Not later than 20 
     days after a petition is filed under subsection (a)(1), the 
     Attorney General shall file the administrative record 
     required by section 1284(c)(2) with the district court unless 
     the court allows additional time.
       (d) Discovery.--
       (1) In general.--Except as provided by paragraph (2), there 
     shall be no discovery in a proceeding under this section.
       (2) Exception if petitioner requests discovery.--
       (A) In general.--The court may, in the court's discretion, 
     permit discovery in a proceeding under this section if the 
     person who filed the petition under subsection (a)(1)--
       (i) submits a motion requesting discovery; and
       (ii) shows good cause and that discovery would be in the 
     interest of justice.
       (B) Discovery by attorney general.--If the court grants a 
     motion for discovery under subparagraph (A), the Attorney 
     General shall be entitled to request discovery at the court's 
     discretion.
       (e) Treatment of Classified Information.--If, in a 
     proceeding under this section, the court determines that 
     protected information in the administrative record, including 
     classified or other information subject to privilege or 
     protections under any provision of law, is necessary to 
     resolve the proceeding--
       (1) such information shall be submitted ex parte and in 
     camera to the court; and
       (2) the court shall maintain such information under seal.
       (f) Request for Jury Trial.--A person who files a petition 
     under subsection (a)(1) may request a jury trial.
       (g) Standard of Review.--The final determination of the 
     Secretary of the Treasury under section 1284(c)(4) shall be 
     upheld if, upon review of the administrative record and any 
     information adduced in the proceeding under this section, the 
     court finds that the determination was supported by a 
     preponderance of the evidence and was not based on legal 
     error.
       (h) Forfeiture Order.--If the final determination of the 
     Secretary of the Treasury under section 1284(c)(4) is upheld, 
     the court shall promptly order the property that is the 
     subject of the determination forfeited.
       (i) Appeals.--Any appeal from a decision of the district 
     court under this section shall be heard and decided on an 
     expedited basis.

     SEC. 1286. DISPOSITION OF FORFEITED PROPERTY; USE TO ADDRESS 
                   HARMS TO UKRAINE.

       (a) Transfer of Property.--
       (1) Forfeiture.--In any order of forfeiture under this 
     subtitle, the Secretary of the Treasury or a court shall 
     order to be transferred to the Secretary the property that is 
     subject to such order.
       (2) Seizures.--The Attorney General may transfer to the 
     Secretary any property seized under subsection 4(b).
       (b) Liquidation of Forfeited Property.--The Secretary of 
     the Treasury may liquidate or sell any property forfeited 
     under this subtitle.
       (c) Deposit of Proceeds of Forfeited Property.--
       (1) In general.--The Secretary of the Treasury may--
       (A) create accounts, including the Ukrainian Relief Fund 
     authorized under subsection (e), to be used to deposit net 
     proceeds from and to store and maintain property forfeited 
     pursuant to this subtitle; and
       (B) make expenditures from such accounts, including for the 
     costs of any actions by the Attorney General or the Secretary 
     under this subtitle.
       (2) Other assets.--The Secretary may deposit net proceeds 
     from assets forfeited pursuant to other provisions of law 
     into the Ukrainian Relief Fund authorized under subsection 
     (e).
       (d) Transfer of Funds to Provide Support for Ukraine.--
       (1) In general.--The Secretary of the Treasury may transfer 
     funds from an account established pursuant to subsection (c), 
     including the Ukrainian Relief Fund authorized under 
     subsection (e), to--
       (A) the Secretary of State to provide support described in 
     subsection (e)(2); or
       (B) any other agency of the United States Government to 
     support efforts related to addressing harms caused by the 
     actions of the Russian Federation or nationals of the Russian 
     Federation in Ukraine.
       (2) Treatment as assistance.--Funds transferred to the 
     Secretary of State under paragraph (1)(A)--
       (A) shall be considered to be assistance under the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the 
     Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 
     et seq.), as the Secretary determines to be appropriate, for 
     purposes of making available the administrative authorities 
     and implementing the reporting requirements contained in 
     those Acts; and
       (B) may be transferred to, and merged with, funds made 
     available to carry out any provision of those Acts, except 
     that such funds shall remain available until expended.
       (e) Ukrainian Relief Fund.--
       (1) Establishment.--The Secretary of the Treasury may 
     establish an account, to be known as the ``Ukrainian Relief 
     Fund'', which may be available to the Secretary of State for 
     use, in consultation with the Attorney General and the 
     Administrator of the United States Agency for International 
     Development, as specified in paragraph (2).
       (2) Use of funds to support ukraine.--Amounts in the 
     Ukrainian Relief Fund may be available to provide support to 
     the people of Ukraine to redress the harms and costs caused 
     by the illegal invasion of Ukraine by the Russian Federation. 
     Such support may include--
       (A) promotion of the security, safety, health, and well-
     being of Ukrainian refugees and internally displaced 
     Ukrainians, including the resettlement of Ukrainian refugees;
       (B) support for international or nonprofit organizations 
     engaged in direct efforts to support Ukrainian refugees and 
     internally displaced Ukrainians;
       (C) support for the reconstruction, rehabilitation, and 
     general recovery of Ukraine in areas no longer controlled by 
     the Russian Federation, as certified by the Secretary of 
     State; and
       (D) through such other manner as the Secretary of State 
     considers appropriate, promotion of the security, welfare, 
     and dignity of Ukrainian refugees and internally displaced 
     Ukrainians, the recovery of the economy of Ukraine, and the 
     general welfare of the people of Ukraine.
       (3) Availability of amounts.--Amounts in the Ukrainian 
     Relief Fund shall be available without further appropriation 
     and shall remain available until expended.
       (f) Fund Oversight.--The Inspector General of the 
     Department of State, the Inspector General of the Department 
     of Justice, and the Inspector General of the United States 
     Agency for International Development shall oversee the 
     activities of the respective agencies related to the 
     Ukrainian Relief Fund and any other account established 
     pursuant to subsection (c).
       (g) Report on Forfeitures and Use of Forfeited Property to 
     Address Harms to Ukraine.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this subtitle, and every 180 days 
     thereafter, the Secretary of the Treasury, the Attorney 
     General, the Secretary of State, and the Administrator of the 
     United States Agency for International Development shall 
     jointly submit to the appropriate congressional committees a 
     report on--
       (A) property forfeited under this subtitle, liquidated or 
     sold (if necessary) as described in subsection (b), and 
     deposited into an account established pursuant to subsection 
     (c), including the Ukrainian Relief Fund authorized under 
     subsection (e); and
       (B) the use of amounts in any such account, including all 
     costs and expenditures.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on the 
     Judiciary of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on the Judiciary of the 
     House of Representatives.

     SEC. 1287. AUTHORIZATION OF REWARDS.

       Section 9703(b) of the Kleptocracy Asset Recovery Rewards 
     Act (subtitle A of title XCVII of Public Law 116-283; 31 
     U.S.C. 9701 note prec.) is amended--
       (1) in paragraph (2), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) the forfeiture of funds or other property under the 
     Asset Seizure for Ukraine Reconstruction Act.''.

[[Page S5916]]

  


     SEC. 1288. RULEMAKING.

       The Attorney General and the Secretary of the Treasury may 
     prescribe regulations to carry out this subtitle without 
     regard to the requirements of section 553 of title 5, United 
     States Code.

     SEC. 1289. TERMINATION.

       (a) In General.--This subtitle shall terminate on the date 
     that is 3 years after the date of the enactment of this Act.
       (b) Savings Provision.--The termination of this subtitle 
     under subsection (a) shall not--
       (1) terminate the applicability of the procedures under 
     this subtitle to any property seized prior to the date of the 
     termination under subsection (a); or
       (2) moot any legal action taken or pending legal proceeding 
     not finally concluded or determined on that date.
                                 ______
                                 
  SA 6393. 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 end of subtitle G of title X, add the following:

     SEC. 1077. OVERSIGHT OF THE PROCUREMENT OF EQUIPMENT BY STATE 
                   AND LOCAL GOVERNMENTS THROUGH THE DEPARTMENT OF 
                   DEFENSE.

       Section 281 of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (f); and
       (2) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Limitations on Purchases.--(1) The Secretary shall 
     require, as a condition of any purchase of equipment under 
     this section, that if the Department of Justice opens an 
     investigation into a State or unit of local government under 
     section 210401 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (34 U.S.C. 12601), the Secretary 
     shall pause all pending or future purchases by that State or 
     unit of local government.
       ``(2) The Secretary shall prohibit the purchase of 
     equipment by a State or unit of local government for a period 
     of 5 years upon a finding that equipment purchased under this 
     section by the State or unit of local government was used as 
     part of a violation under section 210401 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (34 U.S.C. 12601).
       ``(e) Publicly Accessible Website on Purchased Equipment.--
     (1) The Secretary, in coordination with the Administrator of 
     General Services, shall create and maintain a publicly 
     available internet website that provides in searchable format 
     information on the purchase of equipment under this section 
     and the recipients of such equipment.
       ``(2) The internet website required under paragraph (1) 
     shall include all publicly accessible unclassified 
     information pertaining to the purchase of equipment under 
     this section, including--
       ``(A) the catalog of equipment available for purchase under 
     subsection (c);
       ``(B) the recipient state or unit of local government;
       ``(C) the purpose of the purchase under subsection (a)(1);
       ``(D) the type of equipment;
       ``(E) the cost of the equipment;
       ``(F) the administrative costs under subsection (b); and
       ``(G) other information the Secretary determines is 
     necessary.
       ``(3) The Secretary shall update on a quarterly basis 
     information included on the internet website required under 
     paragraph (1).''.
                                 ______
                                 
  SA 6394. 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 in title X, insert the following:

     SEC. ___. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE 
                   ON UNITED STATES OUTLYING AREAS AND FREELY 
                   ASSOCIATED STATES.

       (a) Establishment of Advisory Committee.--
       (1) In general.--Subchapter III of chapter 5 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 548. Advisory Committee on United States Outlying 
       Areas and Freely Associated States

       ``(a) Establishment.--The Secretary shall establish an 
     advisory committee, to be known as the `Advisory Committee on 
     United States Outlying Areas and Freely Associated States', 
     to provide advice and guidance to the Secretary on matters 
     relating to covered veterans.
       ``(b) Duties.--The duties of the Committee shall be the 
     following:
       ``(1) To advise the Secretary on matters relating to 
     covered veterans, including how the Secretary can improve the 
     programs and services of the Department to better serve such 
     veterans.
       ``(2) To identify for the Secretary evolving issues of 
     relevance to covered veterans.
       ``(3) To propose clarifications, recommendations, and 
     solutions to address issues raised by covered veterans.
       ``(4) To provide a forum for covered veterans, veterans 
     service organizations serving covered veterans, and the 
     Department to discuss issues and proposals for changes to 
     regulations, policies, and procedures of the Department.
       ``(5) To identify priorities for and provide advice to the 
     Secretary on appropriate strategies for consultation with 
     veterans service organizations serving covered veterans.
       ``(6) To encourage the Secretary to work with other 
     departments and agencies of the Federal Government and 
     Congress to ensure covered veterans are provided the full 
     benefits of their status as covered veterans.
       ``(7) To highlight contributions of covered veterans in the 
     Armed Forces.
       ``(8) To conduct other duties as determined appropriate by 
     the Secretary.
       ``(c) Membership.--(1) The Committee shall be comprised of 
     15 voting members appointed by the Secretary.
       ``(2) In appointing members pursuant to paragraph (1), the 
     Secretary shall ensure the following:
       ``(A) At least one member is appointed to represent covered 
     veterans in each of the following areas:
       ``(i) American Samoa.
       ``(ii) Guam.
       ``(iii) Puerto Rico.
       ``(iv) The Commonwealth of the Northern Mariana Islands.
       ``(v) The Virgin Islands of the United States.
       ``(vi) The Federated States of Micronesia.
       ``(vii) The Republic of the Marshall Islands.
       ``(viii) The Republic of Palau.
       ``(B) Not fewer than half of the members appointed are 
     covered veterans, unless the Secretary determines that an 
     insufficient number of qualified covered veterans are 
     available.
       ``(C) Each member appointed resides in an area specified in 
     subparagraph (A).
       ``(3) In appointing members pursuant to paragraph (1), the 
     Secretary may consult with any Member of Congress who 
     represents an area specified in paragraph (2)(A).
       ``(4) In addition to members appointed under paragraph (1), 
     the Committee shall be comprised of such ex-officio members 
     from the Department of State and the Department of the 
     Interior as the Secretary of State and the Secretary of the 
     Interior, respectively, shall appoint.
       ``(d) Terms; Vacancies.--(1) A member of the Committee--
       ``(A) shall be appointed for a term of two years; and
       ``(B) may be reappointed to serve an additional 2-year 
     term.
       ``(2) Not later than 180 days after receiving notice of a 
     vacancy in the Committee, the Secretary shall fill the 
     vacancy in the same manner as the original appointment.
       ``(e) Meeting Format and Frequency.--(1) Except as provided 
     in paragraph (2), the Committee shall meet in-person with the 
     Secretary not less frequently than once each year and hold 
     monthly conference calls as necessary.
       ``(2) Meetings held under paragraph (1) may be conducted 
     virtually if determined necessary based on--
       ``(A) Department protocols; and
       ``(B) timing and budget considerations.
       ``(f) Additional Representation.--(1) Representatives of 
     relevant departments and agencies of the Federal Government 
     may attend meetings of the Committee and provide information 
     to the Committee.
       ``(2) One representative of the Department shall attend 
     each meeting of the Committee.
       ``(3) Representatives attending meetings under this 
     subsection--
       ``(A) shall not be considered voting members of the 
     Committee; and
       ``(B) may not receive additional compensation for services 
     performed with respect to the Committee.
       ``(g) Subcommittees.--(1) The Committee may establish 
     subcommittees.
       ``(2) The Secretary may, in consultation with the 
     Committee, appoint a member to a subcommittee established 
     under paragraph (1) who is not a member of the Committee.
       ``(3) A subcommittee established under paragraph (1) may 
     enhance the function of the Committee, but may not supersede 
     the authority of the Committee or provide direct advice or 
     work products to the Secretary.
       ``(h) Reports.--(1) Not less frequently than once every 2 
     years, the Committee shall submit to the Secretary and the 
     appropriate committees of Congress a report--
       ``(A) containing such recommendations as the Committee may 
     have for legislative or administrative action; and
       ``(B) describing the activities of the Committee during the 
     previous two years.
       ``(2) Not later than 120 days after the date on which the 
     Secretary receives a report under paragraph (1), the 
     Secretary shall submit to the appropriate committees of 
     Congress a written response to the report after--

[[Page S5917]]

       ``(A) giving the Committee an opportunity to review such 
     written response; and
       ``(B) including in such written response any comments the 
     Committee considers appropriate.
       ``(3) The Secretary shall make publicly available on an 
     internet website of the Department--
       ``(A) each report the Secretary receives under paragraph 
     (1);
       ``(B) each written response the Secretary submits under 
     paragraph (2); and
       ``(C) each report the Secretary receives under paragraph 
     (3).
       ``(i) Committee Personnel Matters.--A member of the 
     Committee shall be allowed travel expenses, including per 
     diem in lieu of subsistence, at rates authorized for an 
     employee of an agency under subchapter I of chapter 57 of 
     title 5 while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Committee.
       ``(j) Consultation.--In carrying out this section, the 
     Secretary shall consult with veterans service organizations 
     serving covered veterans.
       ``(k) Termination.--The Committee shall terminate on the 
     date that is 10 years after the date of the enactment of this 
     section.
       ``(l) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Veterans' Affairs of the House of 
     Representatives; and
       ``(B) the Committee on Veterans' Affairs of the Senate.
       ``(2) The term `Committee' means the Advisory Committee on 
     United States Outlying Areas and Freely Associated States 
     established under subsection (a).
       ``(3) The term `covered veteran' means a veteran residing 
     in an area specified in subsection (c)(2)(A).
       ``(4) The term `veterans service organization serving 
     covered veterans' means any organization that--
       ``(A) serves the interests of covered veterans;
       ``(B) has covered veterans in substantive and policymaking 
     positions within the organization; and
       ``(C) has demonstrated experience working with covered 
     veterans.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 547 the following new 
     item:

``548. Advisory Committee on United States Outlying Areas and Freely 
              Associated States.''.
       (b) Deadline for Establishment.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall establish the advisory committee 
     required by section 548 of title 38, United States Code, as 
     added by subsection (a)(1) of this section.
       (c) Deadline for Initial Appointments.--Not later than 90 
     days after the date on which the Secretary establishes the 
     advisory committee required by such section 548, the 
     Secretary shall appoint the members of such advisory 
     committee.
       (d) Initial Meeting.--Not later than 180 days after the 
     date on which the Secretary establishes the advisory 
     committee required by such section 548, such advisory 
     committee shall hold its first meeting.
                                 ______
                                 
  SA 6395. 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:

     SEC. ____. REFORM AND OVERSIGHT OF DEPARTMENT OF DEFENSE 
                   TRANSFER OF PERSONAL PROPERTY TO LAW 
                   ENFORCEMENT AGENCIES AND OTHER ENTITIES.

       (a) In General.--Section 2576a of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (b)'' and inserting ``the 
     provisions of this section''; and
       (B) by adding at the end the following:
       ``(3) The Secretary may transfer non-controlled property to 
     nonprofit organizations involved in humanitarian response or 
     first responder activities.'';
       (2) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``, and provides a description of the training 
     courses;''; and
       (C) by adding at the end the following:
       ``(7) the recipient, on an annual basis, certifies that if 
     the recipient determines that any controlled property 
     received is surplus to the needs of the recipient, the 
     recipient will return the property to the Department of 
     Defense;
       ``(8) the recipient, when requisitioning property, submits 
     to the Department of Defense a justification for why the 
     recipient needs the property and a description of the 
     expected uses of the property;
       ``(9) with respect to a recipient that is not a Federal 
     agency, the recipient certifies annually to the Department of 
     Defense that the recipient has notified the local community 
     of its participation in the program under this section by--
       ``(A) publishing a notice of such participation on a 
     publicly accessible internet website, including information 
     on how members of the local community can track property 
     requested or received by the recipient on the website of the 
     Department of Defense;
       ``(B) posting such notice at several prominent locations in 
     the jurisdiction of the recipient; and
       ``(C) ensuring that such notices were available to the 
     local community for a period of not less than 30 days;
       ``(10) with respect to a recipient that is a local law 
     enforcement agency, the recipient publishes a notice on a 
     publicly accessible internet website and at several prominent 
     locations in the jurisdiction of the recipient of the 
     approval of the city council or other local governing body to 
     acquire the property sought under this section; and
       ``(11) with respect to a recipient that is a State law 
     enforcement agency, the recipient publishes a notice on a 
     publicly accessible internet website and at several prominent 
     locations in the jurisdiction of the recipient of the 
     approval of the appropriate State governing body to acquire 
     the property sought under this section.'';
       (3) in subsection (e), by adding at the end the following:
       ``(5) Grenade launchers.
       ``(6) Explosives (unless used for explosive detection 
     canine training).
       ``(7) Firearms of .50 caliber or higher.
       ``(8) Ammunition of 0.5 caliber or higher.
       ``(9) Asphyxiating gases, including those comprised of 
     lachrymatory agents, and analogous liquids, materials, or 
     devices.
       ``(10) Silencers.
       ``(11) Long-range acoustic devices.''; and
       (4) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Limitations on Transfers.--(1) The prohibitions under 
     subsection (e) shall also apply with respect to the transfer 
     of previously transferred property of the Department of 
     Defense from a Federal or State agency to another such 
     agency.
       ``(2) Each year, the Attorney General shall--
       ``(A) review all recipients of transferred equipment under 
     this section; and
       ``(B) make recommendations to the Secretary on recipients 
     that should be restricted, suspended, or terminated from the 
     program under this section based on the findings of the 
     Attorney General, including a finding that a recipient used 
     equipment to conduct actions against individuals that 
     infringe upon their rights under the First Amendment to the 
     Constitution of the United States.
       ``(3) In the case of a recipient that is under 
     investigation for a violation of, or is subject to a consent 
     decree authorized by, section 210401 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (34 U.S.C. 12601), 
     the Attorney General shall provide a recommendation to the 
     Secretary with respect to the continued participation of the 
     recipient in the program under this section.
       ``(g) Annual Certification Accounting for Transferred 
     Property.--(1) For each fiscal year, the Secretary shall 
     submit to Congress certification in writing that each State 
     or local agency to which the Secretary has transferred 
     personal property under this section--
       ``(A) has provided to the Secretary documentation 
     accounting for all controlled property, including arms, that 
     the Secretary has transferred to the agency, including any 
     item described in subsection (e) so transferred before the 
     date of enactment of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 134 Stat. 3388); and
       ``(B) has carried out each of paragraphs (5) through (9) of 
     subsection (b).
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a State or local agency, the Secretary may 
     not transfer additional property to that agency under this 
     section.
       ``(h) Conditions for Extension of Program.--Notwithstanding 
     any other provision of law, amounts authorized to be 
     appropriated or otherwise made available for any fiscal year 
     may not be obligated or expended to carry out this section 
     unless the Secretary submits to the appropriate committees of 
     Congress a certification, for the preceding fiscal year, 
     that--
       ``(1) each non-Federal agency that has received personal 
     property under this section has--
       ``(A) demonstrated full and complete accountability for all 
     such property, in accordance with paragraph (2); or
       ``(B) been suspended or terminated from the program 
     pursuant to paragraph (3);
       ``(2) the State Coordinator responsible for each non-
     Federal agency that has received property under this section 
     has verified that--
       ``(A) the State Coordinator or an agent of the State 
     Coordinator has conducted an inventory of the property 
     transferred to the agency; and
       ``(B)(i) all property transferred to the agency was 
     accounted for during the inventory described in subparagraph 
     (A); or

[[Page S5918]]

       ``(ii) the agency has been suspended or terminated from the 
     program pursuant to paragraph (3);
       ``(3) with respect to any non-Federal agency that has 
     received property under this section for which all of such 
     property was not accounted for during an inventory described 
     in paragraph (2), the eligibility of the agency to receive 
     property transferred under this section has been suspended or 
     terminated; and
       ``(4) each State Coordinator has certified, for each non-
     Federal agency located in the State for which the State 
     Coordinator is responsible, that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated.
       ``(i) Annual Certification Accounting for Transferred 
     Property.--(1) The Secretary shall submit to the appropriate 
     committees of Congress each year a certification in writing 
     that each recipient to which the Secretary has transferred 
     personal property under this section during the preceding 
     fiscal year--
       ``(A) has provided to the Secretary documentation 
     accounting for all property the Secretary has previously 
     transferred to such recipient under this section; and
       ``(B) has complied with paragraphs (5) and (6) of 
     subsection (b) with respect to the property so transferred 
     during such fiscal year.
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a recipient, the Secretary may not transfer 
     additional property to such recipient under this section, 
     effective as of the date on which the Secretary would 
     otherwise make the certification under this subsection, and 
     such recipient shall be suspended or terminated from further 
     receipt of property under this section.
       ``(j) Reports to Congress.--Not later than 30 days after 
     the last day of a fiscal year, the Secretary shall submit to 
     Congress a report on the following for the preceding fiscal 
     year:
       ``(1) The percentage of equipment lost by recipients of 
     property transferred under this section, including specific 
     information about the type of property lost, the monetary 
     value of such property, and the recipient that lost the 
     property.
       ``(2) The transfer of items under this section classified 
     under Supply Condition Code A, including specific information 
     about the type of property, the recipient of the property, 
     the original acquisition value of each item of the property, 
     and the total original acquisition of all such property 
     transferred during the fiscal year.
       ``(k) Publicly Accessible Website on Transferred Controlled 
     Property.--(1) The Secretary shall create, maintain, and 
     update on a quarterly basis a publicly available internet 
     website that provides information, in a searchable format, on 
     the controlled property transferred under this section and 
     the recipients of such property.
       ``(2) The contents of the internet website required under 
     paragraph (1) shall include all publicly accessible 
     unclassified information pertaining to the request, transfer, 
     denial, and repossession of controlled property under this 
     section, including--
       ``(A) a current inventory of all controlled property 
     transferred to Federal and State agencies under this section, 
     listed by--
       ``(i) the name of the Federal agency, or the State, county, 
     and recipient agency;
       ``(ii) the item name, item type, and item model;
       ``(iii) the date on which such property was transferred; 
     and
       ``(iv) the current status of such item;
       ``(B) all pending requests for transfers of controlled 
     property under this section, including the information 
     submitted by the Federal and State agencies requesting such 
     transfers;
       ``(C) a list of each agency suspended or terminated from 
     further receipt of property under this section, including any 
     State, county, or local agency, and the reason for and 
     duration of such suspension or termination; and
       ``(D) all reports required to be submitted to the Secretary 
     under this section by Federal and State agencies that receive 
     controlled property under this section.
       ``(l) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Oversight and Reform of the House of Representatives.
       ``(2) The term `agent of a State Coordinator' means any 
     individual to whom a State Coordinator formally delegates 
     responsibilities for the duties of the State Coordinator to 
     conduct inventories described in subsection (h)(2).
       ``(3) The term `controlled property' means any item 
     assigned a demilitarization code of B, C, D, E, G, or Q under 
     Department of Defense Manual 4160.21-M, `Defense Materiel 
     Disposition Manual', or any successor document.
       ``(4) The term `State Coordinator', with respect to a 
     State, means the individual appointed by the governor of the 
     State to maintain property accountability records and oversee 
     property use by the State.''.
       (b) Interagency Law Enforcement Equipment Working Group.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Attorney General, in coordination 
     with the Secretary of Defense and the Secretary of Homeland 
     Security, shall establish an interagency Law Enforcement 
     Equipment Working Group (referred to in this subsection as 
     the ``Working Group'') to support oversight and policy 
     development functions for controlled equipment programs.
       (2) Purpose.--The Working Group shall--
       (A) examine and evaluate the Controlled and Prohibited 
     Equipment Lists for possible additions or deletions;
       (B) track law enforcement agency controlled equipment 
     inventory;
       (C) ensure Government-wide criteria to evaluate requests 
     for controlled equipment;
       (D) ensure uniform standards for compliance reviews;
       (E) harmonize Federal programs to ensure the programs have 
     consistent and transparent policies with respect to the 
     acquisition of controlled equipment by law enforcement 
     agencies;
       (F) require after-action analysis reports for significant 
     incidents involving federally provided or federally funded 
     controlled equipment;
       (G) develop policies to ensure that law enforcement 
     agencies abide by any limitations or affirmative obligations 
     imposed on the acquisition of controlled equipment or receipt 
     of funds to purchase controlled equipment from the Federal 
     Government and the obligations resulting from receipt of 
     Federal financial assistance;
       (H) require a State and local governing body to review and 
     authorize a law enforcement agency's request for or 
     acquisition of controlled equipment;
       (I) require that law enforcement agencies participating in 
     Federal controlled equipment programs receive necessary 
     training regarding appropriate use of controlled equipment 
     and the implementation of obligations resulting from receipt 
     of Federal financial assistance, including training on the 
     protection of civil rights and civil liberties;
       (J) provide uniform standards for suspending law 
     enforcement agencies from Federal controlled equipment 
     programs for specified violations of law, including civil 
     rights laws, and ensuring those standards are implemented 
     consistently across agencies; and
       (K) create a process to monitor the sale or transfer of 
     controlled equipment from the Federal Government or 
     controlled equipment purchased with funds from the Federal 
     Government by law enforcement agencies to third parties.
       (3) Composition.--
       (A) In general.--The Working Group shall be co-chaired by 
     the Attorney General, the Secretary of Defense, and the 
     Secretary of Homeland Security.
       (B) Membership.--The Working Group shall be comprised of--
       (i) representatives of interested parties, who are not 
     Federal employees, including appropriate State, local, and 
     Tribal officials, law enforcement organizations, civil rights 
     and civil liberties organizations, and academics; and
       (ii) the heads of such other Federal agencies and offices 
     as the Co-Chairs may, from time to time, designate.
       (C) Designation.--A member of the Working Group described 
     in subparagraph (A) or (B)(ii) may designate a senior-level 
     official from the agency or office represented by the member 
     to perform the day-to-day Working Group functions of the 
     member, if the designated official is a full-time officer or 
     employee of the Federal Government.
       (D) Subgroups.--At the direction of the Co-Chairs, the 
     Working Group may establish subgroups consisting exclusively 
     of Working Group members or their designees under this 
     subsection, as appropriate.
       (E) Executive director.--
       (i) In general.--There shall be an Executive Director of 
     the Working Group, to be appointed by the Attorney General.
       (ii) Responsibilities.--The Executive Director appointed 
     under clause (i) shall determine the agenda of the Working 
     Group, convene regular meetings, and supervise the work of 
     the Working Group under the direction of the Co-Chairs.
       (iii) Funding.--

       (I) In general.--To the extent permitted by law and using 
     amounts already appropriated, the Attorney General shall 
     fund, and provide administrative support for, the Working 
     Group.
       (II) Requirement.--Each agency shall bear its own expenses 
     for participating in the Working Group.

       (F) Coordination with the department of homeland 
     security.--In general, the Working Group shall coordinate 
     with the Homeland Security Advisory Council of the Department 
     of Homeland Security to identify areas of overlap or 
     potential national preparedness implications of further 
     changes to Federal controlled equipment programs.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed as creating any right or benefit, substantive or 
     procedural, enforceable at law or in equity by any party 
     against the United States, its departments, agencies, or 
     entities, its officers, employees, or agents, or any other 
     person.
       (c) Report on Department of Defense Transfer of Personal 
     Property to Law Enforcement Agencies and Other Entities.--
       (1) Appropriate recipients defined.--In this subsection, 
     the term ``appropriate recipients'' means--
       (A) the Committee on Armed Services of the Senate;

[[Page S5919]]

       (B) the Committee on Armed Services of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Attorney General and the Secretary of 
     Homeland Security, shall submit a report to the appropriate 
     recipients.
       (3) Contents.--The report required under paragraph (2) 
     shall contain--
       (A) a review of the efficacy of the surplus equipment 
     transfer program under section 1033 of title 10, United 
     States Code; and
       (B) a determination of whether to recommend continuing or 
     ending the program described in subparagraph (A) in the 
     future.
                                 ______
                                 
  SA 6396. Mr. KING (for himself, Mr. Cornyn, Mr. Kaine, Mr. Cramer, 
Ms. Hirono, Mr. Rounds, Ms. Rosen, Mr. Carper, Mr. Manchin, Mr. 
Blumenthal, Mr. Tillis, Mr. Young, Ms. Collins, Mr. Sasse, 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 end of subtitle D of title XII, add the following:

     SEC. 1254. CHINA GRAND STRATEGY COMMISSION.

       (a) Establishment.--There is established a commission, to 
     be known as the ``China Grand Strategy Commission'' (in this 
     section referred to as the ``Commission''), to develop a 
     consensus on a comprehensive grand strategy and whole-of-
     government approach with respect to the United States 
     relationship with the People's Republic of China for purposes 
     of--
       (1) ensuring a holistic approach toward the People's 
     Republic of China across all Federal departments and 
     agencies; and
       (2) defining specific steps necessary to build a stable 
     international order that accounts for the People's Republic 
     of China's participation in that order; and
       (3) providing actionable recommendations with respect to 
     the United States relationship with the People's Republic of 
     China, which are aimed at protecting and strengthening United 
     States national security interests.
       (b) Membership.--
       (1) Composition.--
       (A) In general.--The Commission shall be composed of the 
     following members:
       (i) The Deputy National Security Advisor.
       (ii) The Deputy Secretary of Defense.
       (iii) The Deputy Secretary of State.
       (iv) The Deputy Secretary of the Treasury.
       (v) The Deputy Secretary of Commerce.
       (vi) The Principal Deputy Director of National 
     Intelligence.
       (vii) Three members appointed by the majority leader of the 
     Senate, in consultation with the chairperson of the Committee 
     on Armed Services of the Senate, one of whom shall be a 
     Member of the Senate and two of whom shall not be.
       (viii) Three members appointed by the minority leader of 
     the Senate, in consultation with the ranking member of the 
     Committee on Armed Services of the Senate, one of whom shall 
     be a Member of the Senate and two of whom shall not be.
       (ix) Three members appointed by the Speaker of the House of 
     Representatives, in consultation with the chairperson of the 
     Committee on Armed Services of the House of Representatives, 
     one of whom shall be a Member of the House of Representatives 
     and two of whom shall not be.
       (x) Three members appointed by the minority leader of the 
     House of Representatives, in consultation with the ranking 
     member of the Committee on Armed Services of the House of 
     Representatives, one of whom shall be a Member of the House 
     of Representatives and two of whom shall not be.
       (B) Qualifications.--The members described in clauses (vii) 
     through (x) of subparagraph (A) who are not Members of 
     Congress shall be individuals who are nationally recognized 
     and have well-documented expertise, knowledge, or experience 
     in--
       (i) the history, culture, economy, or national security 
     policies of the People's Republic of China;
       (ii) the United States economy;
       (iii) the use of intelligence information by national 
     policymakers and military leaders;
       (iv) the implementation, funding, or oversight of the 
     foreign and national security policies of the United States; 
     or
       (v) the implementation, funding, or oversight of economic 
     and trade policies of the United States.
       (C) Avoidance of conflicts of interest.--An official who 
     appoints members of the Commission may not appoint an 
     individual as a member of the Commission if such individual 
     possesses any personal or financial interest in the discharge 
     of any of the duties of the Commission.
       (2) Co-chairpersons.--
       (A) In general.--The Commission shall have two co-
     chairpersons, selected from among the members of the 
     Commission, of whom--
       (i) one co-chairperson shall be a member of the Democratic 
     Party; and
       (ii) one co-chairperson shall be a member of the Republican 
     Party.
       (B) Consensus.--The individuals selected to serve as the 
     co-chairpersons of the Commission shall be jointly agreed 
     upon by the President, the majority leader of the Senate, the 
     minority leader of the Senate, the Speaker of the House of 
     Representatives, and the minority leader of the House of 
     Representatives.
       (c) Appointment; Initial Meeting.--
       (1) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (2) Initial meeting.--The Commission shall hold its initial 
     meeting on or before the date that is 60 days after the date 
     of the enactment of this Act.
       (d) Meetings; Quorum; Vacancies.--
       (1) In general.--After its initial meeting, the Commission 
     shall meet upon the call of the co-chairpersons of the 
     Commission.
       (2) Quorum.--Ten members of the Commission shall constitute 
     a quorum for purposes of conducting business, except that two 
     members of the Commission shall constitute a quorum for 
     purposes of receiving testimony.
       (3) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers, and shall be filled in the same manner in 
     which the original appointment was made.
       (4) Quorum with vacancies.--If vacancies on the Commission 
     occur on any day after the date that is 45 days after the 
     date of the enactment of this Act, a quorum shall consist of 
     a majority of the members of the Commission as of such day.
       (e) Actions of Commission.--
       (1) In general.--The Commission shall act by resolution 
     agreed to by a majority of the members of the Commission 
     voting and present.
       (2) Panels.--The Commission may establish panels composed 
     of less than the full membership of the Commission for 
     purposes of carrying out the duties of the Commission under 
     this section. The actions of any such panel shall be subject 
     to the review and control of the Commission. Any findings and 
     determinations made by such a panel shall not be considered 
     to be the findings and determinations of the Commission 
     unless approved by the Commission.
       (3) Delegation.--Any member, agent, or staff member of the 
     Commission may, if authorized by the co-chairpersons of the 
     Commission, take any action that the Commission is authorized 
     to take pursuant to this section.
       (f) Duties of Commission.--The duties of the Commission are 
     as follows:
       (1) To define the core objectives and priorities of the 
     strategy described in subsection (a).
       (2) To provide definitions of the terms ``grand strategy'' 
     and ``stable international order'' as such terms relate to 
     United States national security interests and policy toward 
     the People's Republic of China.
       (3) To recommend steps toward a stable international order 
     that includes the People's Republic of China that accounts 
     for the People's Republic of China's participation in that 
     order.
       (4) To consider the manner in which the United States and 
     the allies and partners of the United States cooperate and 
     compete with the People's Republic of China and to identify 
     areas for such cooperation and competition.
       (5) To consider methods for recalibrating economic ties 
     with the People's Republic of China, and any necessary 
     modifications to such ties that may be undertaken by the 
     United States Government.
       (6) To consider methods for recalibrating additional non-
     economic ties with the People's Republic of China, and any 
     necessary modifications to such ties to be undertaken by the 
     United States Government, including research, political, and 
     security ties.
       (7) To understand the linkages across multiple levels of 
     the Federal Government with respect to United States policy 
     toward the People's Republic of China.
       (8) To seek to protect and strengthen global democracy and 
     democratic norms.
       (9) To understand the history, culture, and goals of the 
     People's Republic of China and to consider the manner in 
     which the People's Republic of China defines and seeks to 
     implement its goals.
       (10) To review--
       (A) the strategies and intentions of the People's Republic 
     of China that affect United States national and global 
     interests;
       (B) the purpose and efficacy of current programs for the 
     defense of the United States; and
       (C) the capabilities of the Federal Government for 
     understanding whether, and the manner in which, the People's 
     Republic of China is currently being deterred or thwarted in 
     its aims and ambitions, including in cyberspace.
       (11) To detail and evaluate current United States policy 
     and strategic interests, including the pursuit of a free and 
     open Indo-Pacific region, with respect to the People's 
     Republic of China, and the manner in which United States 
     policy affects the policy of the People's Republic of China.

[[Page S5920]]

       (12) To assess the manner in which the invasion of Ukraine 
     by the Russian Federation may have impacted the People's 
     Republic of China's calculations on an invasion of Taiwan and 
     the implications of such impact on the prospects for short-
     term, medium-term, and long-term stability in the Taiwan 
     Strait.
       (13) In evaluating options for such strategy, to consider 
     possible structures and authorities that need to be 
     established, revised, or augmented within the Federal 
     Government to maintain United States national security 
     interests in relation to policy toward the People's Republic 
     of China.
       (g) Powers of Commission.--
       (1) Hearings and evidence.--The Commission or, as delegated 
     by the co-chairpersons of the Commission, any panel or member 
     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 designated 
     panel or designated member, considers necessary; and
       (B) subject to paragraph (2), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated panel or designated member considers necessary.
       (2) Subpoenas.--
       (A) In general.--Subpoenas may be issued under paragraph 
     (1)(B) under the signature of the co-chairpersons of the 
     Commission, and may be served by any person designated by 
     such co-chairpersons.
       (B) Failure to comply.--The provisions of sections 102 
     through 104 of the Revised Statutes (2 U.S.C. 192-194) shall 
     apply in the case of any failure of a witness to comply with 
     any subpoena or to testify when summoned under authority of 
     this section.
       (3) Contracts.--The Commission may, to such extent and in 
     such amounts as are provided in advance in appropriations 
     Acts, enter into contracts to enable the Commission to 
     discharge its duties under this section.
       (4) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from 
     any executive department, agency, bureau, board, commission, 
     office, independent establishment, or instrumentality of the 
     Government information, suggestions, estimates, and 
     statistics for the purposes of this section.
       (B) Furnishing information.--Each such department, agency, 
     bureau, board, commission, office, establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by a 
     co-chairperson of the Commission.
       (C) Handling of classified information.--The Commission 
     shall handle and protect all classified information provided 
     to it under this section in accordance with applicable law.
       (5) Assistance from federal agencies.--
       (A) Secretary of defense.--The Secretary of Defense shall 
     provide to the Commission, on a nonreimbursable basis, such 
     administrative services, funds, staff, facilities, and other 
     support services as are necessary for the performance of the 
     Commission's duties under this section.
       (B) Other departments and agencies.--Other Federal 
     departments and agencies may provide the Commission such 
     services, funds, facilities, staff, and other support as such 
     departments and agencies consider advisable and as may be 
     authorized by law.
       (C) Cooperation.--The Commission shall receive the full and 
     timely cooperation of any official, department, or agency of 
     the Federal Government whose assistance is necessary, as 
     jointly determined by the co-chairpersons of the Commission, 
     for the fulfillment of the duties of the Commission, 
     including the provision of full and current briefings and 
     analyses.
       (6) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as the departments and agencies of the Federal Government.
       (7) Gifts.--A member or staff of the Commission may not 
     receive a gift or benefit by reason of the service of such 
     member or staff to the Commission.
       (h) Staff and Compensation.--
       (1) Staff.--
       (A) Compensation.--The co-chairpersons of the Commission, 
     in accordance with rules agreed upon by the Commission, shall 
     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 duties, 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 to a person occupying a 
     position at level V of the Executive Schedule under section 
     5316 of such title.
       (B) Detail of government employees.--A Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (2) Commission members.--
       (A) Compensation.--
       (i) In general.--Subject to clause (ii) and except as 
     provided in subparagraph (B), each member of the Commission 
     may be compensated at a rate not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which the member is engaged in the actual performance of the 
     duties of the Commission under this section.
       (ii) Members of congress and federal employees.--Members of 
     the Commission who are Members of Congress or officers or 
     employees of the Federal Government may not receive 
     additional pay by reason of their service on the Commission.
       (B) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code.
       (3) Consultant services.--The Commission may 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 
     such title.
       (4) Security clearances for commission members, staff, and 
     consultants.--
       (A) In general.--The appropriate Federal agencies or 
     departments shall cooperate with the Commission in 
     expeditiously providing to Commission members, staff, and 
     consultants appropriate security clearances to the extent 
     possible pursuant to existing procedures and requirements, 
     except that no person shall be provided access to classified 
     information under this Act without the appropriate security 
     clearances.
       (B) Expedited processing.--The Office of Senate Security 
     and the Office of House Security shall ensure the expedited 
     processing of appropriate security clearances for personnel 
     appointed to the Commission by their respective Senate and 
     House of Representatives offices under processes developed 
     for the clearance of legislative branch employees.
       (i) Treatment of Information Relating to National 
     Security.--
       (1) In general.--The Director of National Intelligence 
     shall assume responsibility for the handling and disposition 
     of any information related to the national security of the 
     United States that is received, considered, or used by the 
     Commission under this section.
       (2) Approval required.--Information related to the national 
     security of the United States that is provided to the 
     Commission by the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, the Committee on Armed Services of 
     the Senate, or the Committee on Armed Services of the House 
     of Representatives may not be further provided or released 
     without the approval of the chairperson of such committee.
       (3) Access after termination of commission.--
     Notwithstanding any other provision of law, after the 
     termination of the Commission under subsection (k), only the 
     members and designated staff of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives, the Director 
     of National Intelligence (and the designees of the Director), 
     and such other officials of the executive branch as the 
     President may designate shall have access to information 
     related to the national security of the United States that is 
     received, considered, or used by the Commission.
       (j) Report.--
       (1) In general.--Not later than September 1, 2025, the 
     Commission shall submit to the appropriate committees of 
     Congress, the Assistant to the President for National 
     Security Affairs, the Secretary of State, the Secretary of 
     Defense, the Secretary of the Treasury, the Secretary of 
     Commerce, and the Director of National Intelligence a final 
     report on the findings and recommendations of the Commission.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form and shall include a classified 
     annex.
       (k) Termination of Commission.--
       (1) In general.--The Commission, and all the authorities of 
     this section, shall terminate at the end of the 120-day 
     period beginning on the date on which the final report is 
     submitted under subsection (j).
       (2) Administrative activities before termination.--The 
     Commission may use the 120-day period referred to in 
     paragraph (1) for the purpose of concluding its activities, 
     including providing testimony to Congress concerning the 
     final report required by subsection (j) and disseminating 
     such report.
       (l) Assessments of Final Report.--Not later than 60 days 
     after the date on which the final report required by 
     subsection (j) is submitted, the Secretary of State, the 
     Secretary of Defense, the Secretary of the Treasury, the 
     Secretary of Commerce, and the Director of National 
     Intelligence shall each submit to the appropriate committees 
     of Congress an assessment of the final report that includes 
     such comments on the findings and recommendations contained 
     in the final report as the Director or Secretary, as 
     applicable, considers appropriate.
       (m) Inapplicability of Certain Administrative Provisions.--

[[Page S5921]]

       (1) Federal advisory committee act.--The provisions of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (2) Freedom of information act.--The provisions of section 
     552 of title 5, United States Code (commonly referred to as 
     the ``Freedom of Information Act''), shall not apply to the 
     activities, records, and proceedings of the Commission under 
     this section.
       (n) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated by this Act for fiscal year 
     2023 for the Department of Defense, $5,000,000 shall be made 
     available to carry out this section, to remain available 
     until the termination of the Commission.
       (o) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Appropriations, the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Homeland Security and Governmental Affairs, the 
     Committee on Foreign Relations, and the Committee on Finance 
     of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Appropriations, 
     the Committee on Energy and Commerce, the Committee on 
     Science, Space, and Technology, the Committee on Homeland 
     Security and Governmental Affairs, the Committee on Foreign 
     Affairs, and the Committee on Financial Services of the House 
     of Representatives.
                                 ______
                                 
  SA 6397. Mr. BENNET (for himself, Mr. Sasse, and 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 appropriate place in title X, insert the following:

     SEC. ___. 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.
                                 ______
                                 
  SA 6398. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe 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--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION 
                              IMPROVEMENT

     SEC. 1. SHORT TITLE, ETC.

       (a) Short Title.--This division may be cited as the 
     ``Electoral Count Reform and Presidential Transition 
     Improvement Act of 2022''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

Sec. 1. Short title, etc.

                  TITLE I--ELECTORAL COUNT REFORM ACT

Sec. 101. Short title.
Sec. 102. Time for appointing electors.
Sec. 103. Clarification with respect to vacancies in electoral college.
Sec. 104. Certificate of ascertainment of appointment of electors.

[[Page S5922]]

Sec. 105. Duties of the Archivist.
Sec. 106. Meeting of electors.
Sec. 107. Transmission of certificates of votes.
Sec. 108. Failure of certificate of votes to reach recipients.
Sec. 109. Clarifications relating to counting electoral votes.
Sec. 110. Rules relating to joint meeting.
Sec. 111. Severability.

           TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

Sec. 201. Short title.
Sec. 202. Modifications to Presidential Transition Act of 1963.

                  TITLE I--ELECTORAL COUNT REFORM ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Electoral Count Reform Act 
     of 2022''.

     SEC. 102. TIME FOR APPOINTING ELECTORS.

       (a) In General.--Title 3, United States Code, is amended by 
     striking sections 1 and 2 and inserting the following:

     ``Sec. 1. Time of appointing electors

       ``The electors of President and Vice President shall be 
     appointed, in each State, on election day, in accordance with 
     the laws of the State enacted prior to election day.''.
       (b) Election Day.--Section 21 of title 3, United States 
     Code, is amended by redesignating subsections (a) and (b) as 
     paragraphs (2) and (3), respectively, and by inserting before 
     paragraph (2) (as so redesignated) the following:
       ``(1) `election day' means the Tuesday next after the first 
     Monday in November, in every fourth year succeeding every 
     election of a President and Vice President held in each 
     State, except, in the case of a State that appoints electors 
     by popular vote, if the State modifies the period of voting, 
     as necessitated by force majeure events that are 
     extraordinary and catastrophic, as provided under laws of the 
     State enacted prior to such day, `election day' shall include 
     the modified period of voting.''.
       (c) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 1 and inserting the 
     following:

``1. Time of appointing electors.''.

     SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN 
                   ELECTORAL COLLEGE.

       Section 4 of title 3, United States Code, is amended by 
     inserting ``enacted prior to election day'' after ``by law''.

     SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF 
                   ELECTORS.

       (a) Determination.--Section 5 of title 3, United States 
     Code, is amended to read as follows:

     ``Sec. 5. Certificate of ascertainment of appointment of 
       electors

       ``(a) In General.--
       ``(1) Certification.--Not later than the date that is 6 
     days before the time fixed for the meeting of the electors, 
     the executive of each State shall issue a certificate of 
     ascertainment of appointment of electors, under and in 
     pursuance of the laws of such State providing for such 
     appointment and ascertainment enacted prior to election day.
       ``(2) Form of certificate.--Each certificate of 
     ascertainment of appointment of electors shall--
       ``(A) set forth the names of the electors appointed and the 
     canvass or other determination under the laws of such State 
     of the number of votes given or cast for each person for 
     whose appointment any and all votes have been given or cast;
       ``(B) bear the seal of the State; and
       ``(C) contain at least one security feature, as determined 
     by the State, for purposes of verifying the authenticity of 
     such certificate.
       ``(b) Transmission.--It shall be the duty of the executive 
     of each State--
       ``(1) to transmit to the Archivist of the United States, 
     immediately after the issuance of the certificate of 
     ascertainment of appointment of electors and by the most 
     expeditious method available, such certificate of 
     ascertainment of appointment of electors; and
       ``(2) to transmit to the electors of such State, on or 
     before the day on which the electors are required to meet 
     under section 7, six duplicate-originals of the same 
     certificate.
       ``(c) Treatment of Certificate as Conclusive.--For purposes 
     of section 15:
       ``(1) In general.--
       ``(A) Initial certificate.--Except as provided in 
     subparagraph (B), the certificate of ascertainment of 
     appointment of electors issued pursuant to subsection (a)(1) 
     shall be treated as conclusive in Congress with respect to 
     the determination of electors appointed by the State.
       ``(B) Certificates issued pursuant to court orders.--Any 
     certificate of ascertainment of appointment of electors 
     required to be issued or revised by any State or Federal 
     judicial relief granted prior to the date of the meeting of 
     electors shall replace and supersede any other certificates 
     submitted pursuant to this section.
       ``(2) Determination of federal questions.--The 
     determination of Federal courts on questions arising under 
     the Constitution or laws of the United States with respect to 
     a certificate of ascertainment of appointment of electors 
     shall be conclusive in Congress.
       ``(d) Venue and Expedited Procedure.--
       ``(1) In general.--Any action brought by an aggrieved 
     candidate for President or Vice President that arises under 
     the Constitution or laws of the United States with respect to 
     the issuance of the certification required under section 
     (a)(1), or the transmission of such certification as required 
     under subsection (b), shall be subject to the following 
     rules:
       ``(A) Venue.--The venue for such action shall be the 
     Federal district court of the Federal district in which the 
     State capital is located.
       ``(B) 3-judge panel.--Such action shall be heard by a 
     district court of three judges, convened pursuant to section 
     2284 of title 28, United States Code, except that--
       ``(i) the court shall be comprised of two judges of the 
     circuit court of appeals in which the district court lies and 
     one judge of the district court in which the action is 
     brought; and
       ``(ii) section 2284(b)(2) of such title shall not apply.
       ``(C) Expedited procedure.--It shall be the duty of the 
     court to advance on the docket and to expedite to the 
     greatest possible extent the disposition of the action, 
     consistent with all other relevant deadlines established by 
     this chapter and the laws of the United States.
       ``(D) Appeals.--Notwithstanding section 1253 of title 28, 
     United States Code, the final judgment of the panel convened 
     under subparagraph (B) may be reviewed directly by the 
     Supreme Court, by writ of certiorari granted upon petition of 
     any party to the case, on an expedited basis, so that a final 
     order of the court on remand of the Supreme Court may occur 
     on or before the day before the time fixed for the meeting of 
     electors.
       ``(2) Rule of construction.--This subsection--
       ``(A) shall be construed solely to establish venue and 
     expedited procedures in any action brought by an aggrieved 
     candidate for President or Vice President as specified in 
     this subsection that arises under the Constitution or laws of 
     the United States; and
       ``(B) shall not be construed to preempt or displace any 
     existing State or Federal cause of action.''.
       (b) Executive of a State.--Section 21 of title 3, United 
     States Code, as amended by section 102(b), is amended by 
     striking paragraph (3) and inserting the following:
       ``(3) `executive' means, with respect to any State, the 
     Governor of the State (or, in the case of the District of 
     Columbia, the Mayor of the District of Columbia), except when 
     the laws or constitution of a State in effect as of election 
     day expressly require a different State executive to perform 
     the duties identified under this chapter.''.
       (c) Conforming Amendments.--
       (1) Section 9 of title 3, United States Code, is amended by 
     striking ``annex to each of the certificates one of the lists 
     of the electors'' and inserting ``annex to each of the 
     certificates of votes one of the certificates of 
     ascertainment of appointment of electors''.
       (2) The table of contents for chapter 1 of title 3, United 
     States Code, is amended by striking the items relating to 
     sections 5 inserting the following:

``5. Certificate of ascertainment of appointment of electors.''.

     SEC. 105. DUTIES OF THE ARCHIVIST.

       (a) In General.--Section 6 of title 3, United States Code, 
     is amended to read as follows:

     ``Sec. 6. Duties of Archivist

       ``The certificates of ascertainment of appointment of 
     electors received by the Archivist of the United States under 
     section 5 shall--
       ``(1) be preserved for one year;
       ``(2) be a part of the public records of such office; and
       ``(3) be open to public inspection.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the items relating to section 6 and inserting the 
     following:

``6. Duties of Archivist.''.

     SEC. 106. MEETING OF ELECTORS.

       (a) Time for Meeting.--Section 7 of title 3, United States 
     Code, is amended--
       (1) by striking ``Monday'' and inserting ``Tuesday''; and
       (2) by striking ``as the legislature of such State shall 
     direct'' and inserting ``in accordance with the laws of the 
     State enacted prior to election day''.
       (b) Clarification on Sealing of Certificates of Votes.--
     Section 10 of such title is amended by striking ``the 
     certificates so made by them'' and inserting ``the 
     certificates of votes so made by them, together with the 
     annexed certificates of ascertainment of appointment of 
     electors,''.

     SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.

       (a) In General.--Section 11 of title 3, United States Code, 
     is amended to read as follows:

     ``Sec. 11. Transmission of certificates by electors

       ``The electors shall immediately transmit at the same time 
     and by the most expeditious method available the certificates 
     of votes so made by them, together with the annexed 
     certificates of ascertainment of appointment of electors, as 
     follows:
       ``(1) One set shall be sent to the President of the Senate 
     at the seat of government.
       ``(2) Two sets shall be sent to the chief election officer 
     of the State, one of which shall be held subject to the order 
     of the President of the Senate, the other to be preserved by 
     such official for one year and shall be a part of the public 
     records of such office and shall be open to public 
     inspection.

[[Page S5923]]

       ``(3) Two sets shall be sent to the Archivist of the United 
     States at the seat of government, one of which shall be held 
     subject to the order of the President of the Senate and the 
     other of which shall be preserved by the Archivist of the 
     United States for one year and shall be a part of the public 
     records of such office and shall be open to public 
     inspection.
       ``(4) One set shall be sent to the judge of the district in 
     which the electors shall have assembled.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 11 and inserting the 
     following:

``11. Transmission of certificates by electors.''.

     SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH 
                   RECIPIENTS.

       (a) In General.--Section 12 of title 3, United States Code, 
     is amended--
       (1) by inserting ``, after the meeting of the electors 
     shall have been held,'' after ``When'';
       (2) by striking ``in December, after the meeting of the 
     electors shall have been held,'' and inserting ``in 
     December,'';
       (3) by striking ``or, if he be absent'' and inserting ``or, 
     if the President of the Senate be absent'';
       (4) by striking ``secretary of State'' and insert ``chief 
     election officer of the State'';
       (5) by striking ``and list'';
       (6) by striking ``lodged with him'' and inserting ``lodged 
     with such officer'';
       (7) by striking ``his duty'' and inserting ``the duty of 
     such chief election officer of the State''; and
       (8) by striking ``by registered mail'' and inserting ``by 
     the most expeditious method available''.
       (b) Continued Failure.--Section 13 of title 3, United 
     States Code, is amended--
       (1) by inserting ``, after the meeting of the electors 
     shall have been held,'' after ``When'';
       (2) by striking ``in December, after the meeting of the 
     electors shall have been held,'' and inserting ``in 
     December,'';
       (3) by striking ``or, if he be absent'' and inserting ``or, 
     if the President of the Senate be absent''; and
       (4) by striking ``that list'' and inserting ``that 
     certificate''.
       (c) Elimination of Messenger's Penalty.--
       (1) In general.--Title 3, United States Code, is amended by 
     striking section 14.
       (2) Conforming amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 14.

     SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL 
                   VOTES.

       (a) In General.--Section 15 of title 3, United States Code, 
     is amended to read as follows:

     ``Sec. 15. Counting electoral votes in Congress

       ``(a) In General.--Congress shall be in session on the 
     sixth day of January succeeding every meeting of the 
     electors. The Senate and House of Representatives shall meet 
     in the Hall of the House of Representatives at the hour of 1 
     o'clock in the afternoon on that day, and the President of 
     the Senate shall be their presiding officer.
       ``(b) Powers of the President of Senate.--
       ``(1) Ministerial in nature.--Except as otherwise provided 
     in this chapter, the role of the President of the Senate 
     while presiding over the joint meeting shall be limited to 
     performing solely ministerial duties.
       ``(2) Powers explicitly denied.--The President of the 
     Senate shall have no power to solely determine, accept, 
     reject, or otherwise adjudicate or resolve disputes over the 
     proper list of electors, the validity of electors, or the 
     votes of electors.
       ``(c) Appointment of Tellers.--At the joint meeting of the 
     Senate and House of Representatives described in subsection 
     (a), there shall be present two tellers previously appointed 
     on the part of the Senate and two tellers previously 
     appointed on the part of the House of Representatives by the 
     presiding officers of the respective chambers.
       ``(d) Procedure at Joint Meeting Generally.--
       ``(1) In general.--The President of the Senate shall--
       ``(A) open the certificates and papers purporting to be 
     certificates of the votes of electors appointed pursuant to a 
     certificate of ascertainment of appointment of electors 
     issued pursuant to section 5, in the alphabetical order of 
     the States, beginning with the letter A; and
       ``(B) upon opening any certificate, hand the certificate 
     and any accompanying papers to the tellers, who shall read 
     the same in the presence and hearing of the two Houses.
       ``(2) Action on certificate.--
       ``(A) In general.--Upon the reading of each certificate or 
     paper, the President of the Senate shall call for objections, 
     if any.
       ``(B) Requirements for objections.--
       ``(i) Objections.--No objection shall be in order unless 
     the objection--

       ``(I) is made in writing;
       ``(II) is signed by at least one-fifth of the Senators duly 
     chosen and sworn and one-fifth of the Members of the House of 
     Representatives duly chosen and sworn; and
       ``(III) states clearly and concisely, without argument, one 
     of the grounds listed under clause (ii).

       ``(ii) Grounds for objections.--The only grounds for 
     objections shall be as follows:

       ``(I) The electors of the State were not lawfully certified 
     under a certificate of ascertainment of appointment of 
     electors according to section 5(a)(1).
       ``(II) The vote of one or more electors has not been 
     regularly given.

       ``(C) Consideration of objections.--
       ``(i) In general.--When all objections so made to any vote 
     or paper from a State shall have been received and read, the 
     Senate shall thereupon withdraw, and such objections shall be 
     submitted to the Senate for its decision; and the Speaker of 
     the House of Representatives shall, in like manner, submit 
     such objections to the House of Representatives for its 
     decision.
       ``(ii) Determination.--No objection may be sustained unless 
     such objection is sustained by separate concurring votes of 
     each House.
       ``(D) Reconvening.--When the two Houses have voted, they 
     shall immediately again meet, and the presiding officer shall 
     then announce the decision of the questions submitted. No 
     votes or papers from any other State shall be acted upon 
     until the objections previously made to the votes or papers 
     from any State shall have been finally disposed of.
       ``(e) Rules for Tabulating Votes.--
       ``(1) Counting of votes.--
       ``(A) In general.--Except as provided in subparagraph (B)--
       ``(i) only the votes of electors who have been appointed 
     under a certificate of ascertainment of appointment of 
     electors issued pursuant to section 5, or who have legally 
     been appointed to fill a vacancy of any such elector pursuant 
     to section 4, may be counted; and
       ``(ii) no vote of an elector described in clause (i) which 
     has been regularly given shall be rejected.
       ``(B) Exception.--The vote of an elector who has been 
     appointed under a certificate of ascertainment of appointment 
     of electors issued pursuant to section 5 shall not be counted 
     if--
       ``(i) there is an objection which meets the requirements of 
     subsection (d)(2)(B)(i); and
       ``(ii) each House affirmatively sustains the objection as 
     valid.
       ``(2) Determination of majority.--If the number of electors 
     lawfully appointed by any State pursuant to a certificate of 
     ascertainment of appointment of electors that is issued under 
     section 5 is fewer than the number of electors to which the 
     State is entitled under section 3, or if an objection the 
     grounds for which are described in subsection 
     (d)(2)(B)(ii)(I) has been sustained, the total number of 
     electors appointed for the purpose of determining a majority 
     of the whole number of electors appointed as required by the 
     Twelfth Amendment to the Constitution shall be reduced by the 
     number of electors whom the State has failed to appoint or as 
     to whom the objection was sustained.
       ``(3) List of votes by tellers; declaration of winner.--The 
     tellers shall make a list of the votes as they shall appear 
     from the said certificates; and the votes having been 
     ascertained and counted according to the rules in this 
     subchapter provided, the result of the same shall be 
     delivered to the President of the Senate, who shall thereupon 
     announce the state of the vote, which announcement shall be 
     deemed a sufficient declaration of the persons, if any, 
     elected President and Vice President of the United States, 
     and, together with a list of the votes, be entered on the 
     Journals of the two Houses.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 15 and inserting the 
     following:

``15. Counting electoral votes in Congress.''.

     SEC. 110. RULES RELATING TO JOINT MEETING.

       (a) Limit of Debate in Each House.--Section 17 of title 3, 
     United States Code, is amended to read as follows:

     ``Sec. 17. Same; limit of debate in each House

       ``When the two Houses separate to decide upon an objection 
     pursuant to section 15(d)(2)(C)(i) that may have been made to 
     the counting of any electoral vote or votes from any State, 
     or other question arising in the matter--
       ``(1) all such objections and questions permitted with 
     respect to such State shall be considered at such time;
       ``(2) each Senator and Representative may speak to such 
     objections or questions five minutes, and not more than once;
       ``(3) the total time for debate for all such objections and 
     questions with respect to such State shall not exceed two 
     hours in each House; and
       ``(4) at the close of such debate, it shall be the duty of 
     the presiding officer of each House to put the objections and 
     questions to a vote without further debate.''.
       (b) Parliamentary Procedure.--Section 18 of title 3, United 
     States Code, is amended by inserting ``under section 
     15(d)(2)(C)(i)'' after ``motion to withdraw''.

     SEC. 111. SEVERABILITY.

       (a) In General.--Title 3, United States Code, is amended by 
     inserting after section 21 the following new section:

     ``Sec. 22. Severability

       ``If any provision of this chapter, or the application of a 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this chapter, and the 
     application of the provisions to any person or circumstance, 
     shall not be affected by the holding.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United

[[Page S5924]]

     States Code, is amended by adding at the end the following:

``22. Severability.''.

           TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as ``Presidential Transition 
     Improvement Act''.

     SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 
                   1963.

       (a) In General.--Section 3 of the Presidential Transition 
     Act of 1963 (3 U.S.C. 102 note) is amended by striking 
     subsection (c) and inserting the following:
       ``(c)(1) Apparent Successful Candidates.--
       ``(A) In general.--For purposes of this Act, the `apparent 
     successful candidate' for the office of President and Vice 
     President, respectively, shall be determined as follows:
       ``(i) If all but one eligible candidate for the office of 
     President and one eligible candidate for the office of Vice 
     President, respectively, concede the election, then the 
     candidate for each such office who has not conceded shall be 
     the apparent successful candidate for each such office.
       ``(ii) If, on the date that is 5 days after the date of the 
     election, more than one eligible candidate for the office of 
     President has not conceded the election, then each of the 
     remaining eligible candidates for such office and the office 
     of Vice President who have not conceded shall be treated as 
     the apparent successful candidates until such time as a 
     single candidate for the office of President is treated as 
     the apparent successful candidate pursuant to clause (iii) or 
     clause (iv).
       ``(iii) If a single candidate for the office of President 
     or Vice President is determined by the Administrator to meet 
     the qualifications under subparagraph (B), the Administrator 
     may determine that such candidate shall solely be treated as 
     the apparent successful candidate for that office until such 
     time as a single candidate for the office of President is 
     treated as the apparent successful candidate pursuant to 
     clause (iv).
       ``(iv) If a single candidate for the office of President or 
     Vice President is the apparent successful candidate for such 
     office under subparagraph (C), that candidate shall solely be 
     treated as the apparent successful candidate for that office.
       ``(B) Interim discretionary qualifications.--On or after 
     the date that is 5 days after the date of the election, the 
     Administrator may determine that a single candidate for the 
     office of President or Vice President shall be treated as the 
     sole apparent successful candidate for that office pursuant 
     to subparagraph (A)(iii) if it is substantially certain the 
     candidate will receive a majority of the pledged votes of 
     electors, based on consideration of the following factors:
       ``(i) The results of the election for such office in States 
     in which significant legal challenges that could alter the 
     outcome of the election in the State have been substantially 
     resolved, such that the outcome is substantially certain.
       ``(ii) The certified results of the election for such 
     office in States in which the certification is complete.
       ``(iii) The results of the election for such office in 
     States in which there is substantial certainty of an apparent 
     successful candidate based on the totality of the 
     circumstances.
       ``(C) Mandatory qualifications.--
       ``(i) In general.--Notwithstanding subparagraph (A) or (B), 
     a candidate shall be the sole apparent successful candidate 
     for the office of President or Vice President pursuant to 
     subparagraph (A)(iv) for purposes of this Act if--
       ``(I) the candidate receives a majority of pledged votes of 
     electors of such office based on certifications by States of 
     their final canvass, and the conclusion of any recounts, 
     legal actions, or administrative actions pertaining to the 
     results of the election for such office;
       ``(II) in the case where subclause (I) is not met, the 
     candidate receives a majority of votes of electors of such 
     office at the meeting and vote of electors under section 7 of 
     title 3, United States Code; or
       ``(III) in the case where neither subclause (I) or (II) is 
     met, the candidate is declared as the person elected to such 
     office at the joint session of Congress under section 15 of 
     title 3, United States Code.
       ``(ii) Clarification if state unable to certify election 
     results or appoints more than one slate of electors.--For 
     purposes of subclauses (I) and (II) of clause (i), if a State 
     is unable to certify its election results or a State appoints 
     more than one slate of electors, the votes of the electors of 
     such State shall not count towards meeting the qualifications 
     under such subclauses.
       ``(2) Period of Multiple Possible Apparent Successful 
     Candidates.--During any period in which there is more than 
     one possible apparent successful candidate for the office of 
     President--
       ``(A) the Administrator is authorized to provide, upon 
     request, to each remaining eligible candidate for such office 
     and the office of Vice President described in paragraph 
     (1)(A)(ii) access to services and facilities pursuant to this 
     Act;
       ``(B) the Administrator, in conjunction with the Federal 
     Transition Coordinator designated under section 4(c) and the 
     senior career employee of each agency and senior career 
     employee of each major component and subcomponent of each 
     agency designated under subsection (f)(1) to oversee and 
     implement the activities of the agency, component, or 
     subcomponent relating to the Presidential transition, shall 
     make efforts to ensure that each such candidate is provided 
     equal access to agency information and spaces as requested 
     pursuant to this Act;
       ``(C) the Administrator shall provide weekly reports to 
     Congress containing a brief summary of the status of funds 
     being distributed to such candidates under this Act, the 
     level of access to agency information and spaces provided to 
     such candidates, and the status of such candidates with 
     respect to meeting the qualifications to be the apparent 
     successful candidate for the office of President or Vice 
     President under subparagraph (B) or (C) of paragraph (1); and
       ``(D) if a single candidate for the office of President or 
     Vice President is treated as the apparent successful 
     candidate for such office pursuant to subparagraph (A)(iii) 
     or (A)(iv) of paragraph (1), not later than 24 hours after 
     such treatment is effective, the Administrator shall make 
     available to the public a written statement that such 
     candidate is treated as the sole apparent successful 
     candidate for such office for purposes of this Act, including 
     a description of the legal basis and reasons for such 
     treatment based on the qualifications under subparagraph (B) 
     or (C) of paragraph (1), as applicable.
       ``(3) Definition.--In this subsection, the term `eligible 
     candidate' has the meaning given that term in subsection 
     (h)(4).''.
       (b) Conforming Amendments.--The Presidential Transition Act 
     of 1963 (3 U.S.C. 102 note) is amended--
       (1) in section 3--
       (A) in the heading, by striking ``presidents-elect and 
     vice-presidents-elect'' and inserting ``apparent successful 
     candidates'';
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``each President-elect, each Vice-
     President-elect'' and inserting ``each apparent successful 
     candidate for the office of President and Vice President (as 
     determined by subsection (c))''; and
       (II) by striking ``the President-elect and Vice-President-
     elect'' and inserting ``each such candidate'';

       (ii) in paragraph (1)--

       (I) by striking ``the President-elect, the Vice-President-
     elect'' and inserting ``the apparent successful candidate''; 
     and
       (II) by striking ``the President-elect or Vice-President-
     elect'' and inserting ``the apparent successful candidate'';

       (iii) in paragraphs (2), (3), (4), and (5), by striking 
     ``the President-elect or Vice-President-elect'' each place it 
     appears and inserting ``the apparent successful candidate'';
       (iv) in paragraph (4)(B), by striking ``the President-
     elect, the Vice-President-elect, or the designee of the 
     President-elect or Vice-President-elect'' and inserting ``the 
     apparent successful candidate or their designee'';
       (v) in paragraph (8), in subparagraph (A)(v) and (B), by 
     striking ``the President-elect'' and inserting ``the apparent 
     successful candidate for the office of President''; and
       (vi) in paragraph (10)--

       (I) by striking ``any President-elect, Vice-President-
     elect, or eligible candidate'' and inserting ``any apparent 
     successful candidate or eligible candidate''; and
       (II) by striking ``the President-elect and Vice President-
     elect'' and inserting ``the apparent successful candidates'';

       (C) in subsection (b)--
       (i) in paragraph (1), by striking ``the President-elect or 
     Vice-President-elect, or after the inauguration of the 
     President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President'' and inserting ``the 
     apparent successful candidates, or after the inauguration of 
     the apparent successful candidate for the office of President 
     as President and the inauguration of the apparent successful 
     candidate for the office of Vice President as Vice 
     President''; and
       (ii) in paragraph (2), by striking ``the President-elect, 
     Vice-President-elect'' and inserting ``the apparent 
     successful candidate'';
       (D) in subsection (d)--
       (i) in the first sentence, by striking ``Each President-
     elect'' and inserting ``Each apparent successful candidate 
     for the office of President''; and
       (ii) in the second sentence, by striking ``Each Vice-
     President-elect'' and inserting ``Each apparent successful 
     candidate for the office of Vice-President'';
       (E) in subsection (e)--
       (i) in the first sentence, by striking ``Each President-
     elect and Vice-President-elect'' and inserting ``Each 
     apparent successful candidate''; and
       (ii) in the second sentence, by striking ``any President-
     elect or Vice-President-elect may be made upon the basis of a 
     certificate by him or the assistant designated by him'' and 
     inserting ``any apparent successful candidate may be made 
     upon the basis of a certificate by the candidate or their 
     designee'';
       (F) in subsection (f)--
       (i) in paragraph (1), by striking ``The President-elect'' 
     and inserting ``Any apparent successful candidate for the 
     office of President''; and
       (ii) in paragraph (2), by striking ``inauguration of the 
     President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President'' and inserting 
     ``inauguration of the apparent successful candidate for the 
     office of President as President and the inauguration of the 
     apparent successful candidate for the office of Vice 
     President as Vice President'';

[[Page S5925]]

       (G) in subsection (g), by striking ``In the case where the 
     President-elect is the incumbent President or in the case 
     where the Vice-President-elect is the incumbent Vice 
     President'' and inserting ``In the case where an apparent 
     successful candidate for the office of President is the 
     incumbent President or in the case where an apparent 
     successful candidate for the office of Vice President is the 
     incumbent Vice President'';
       (H) in subsection (h)--
       (i) in paragraph (2)(B)(iv), by striking ``the President-
     elect or Vice-President-elect'' and inserting ``an apparent 
     successful candidates''; and
       (ii) in paragraph (3)(B)(iii), by striking ``the President-
     elect or Vice-President-elect'' and inserting ``an apparent 
     successful candidates''; and
       (I) in subsection (i)(3)(C)--
       (i) in clause (i), by striking ``the inauguration of the 
     President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President'' and inserting ``the 
     inauguration of the apparent successful candidate for the 
     office of President as President and the inauguration of the 
     apparent successful candidate for the office of Vice 
     President as Vice President''; and
       (ii) in clause (ii), by striking ``upon request of the 
     President-elect or the Vice-President-elect'' and inserting 
     ``upon request of the apparent successful candidate'';
       (2) in section 4--
       (A) in subsection (e)--
       (i) in paragraph (1)(B), by striking ``the President-elect 
     and Vice-President-elect'' and inserting ``the apparent 
     successful candidates (as determined by section 3(c))''; and
       (ii) in paragraph (4)(B), by striking ``the President-elect 
     is inaugurated'' and inserting ``the apparent successful 
     candidate for the office of President is inaugurated''; and
       (B) in subsection (g)--
       (i) in paragraph (3)(A), by striking ``the President-
     elect'' and inserting ``the apparent successful candidate for 
     the office of President''; and
       (ii) in paragraph (3)(B)(ii)(III), by striking ``the 
     President-elect'' and inserting ``the apparent successful 
     candidate for the office of President'';
       (3) in section 5, in the first sentence, by striking 
     ``Presidents-elect and Vice-Presidents-elect'' and inserting 
     ``apparent successful candidates (as determined by section 
     3(c))'';
       (4) in section 6--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``The President-elect and Vice-President-
     elect'' and inserting ``Each apparent successful candidate 
     (as determined by section 3(c))''; and
       (II) by striking ``the President-elect or Vice-President-
     elect'' and inserting ``the apparent successful candidate'';

       (ii) in paragraph (2), by striking ``The President-elect 
     and Vice-President-elect'' and inserting ``Each apparent 
     successful candidate''; and
       (iii) in paragraph (3)(A), by striking ``inauguration of 
     the President-elect as President and the Vice-President-elect 
     as Vice President'' and inserting ``inauguration of the 
     apparent successful candidate for the office of President as 
     President and the apparent successful candidate for the 
     office of Vice-President as Vice President'';
       (B) in subsection (b)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``The President-elect and Vice-President-elect'' and 
     inserting ``Each apparent successful candidate''; and
       (ii) in subparagraph (A), by striking ``the President-elect 
     or Vice-President-elect's'' and inserting ``the apparent 
     successful candidate's''; and
       (C) in subsection (c), by striking ``The President-elect 
     and Vice-President-elect'' and inserting ``Each apparent 
     successful candidate''; and
       (5) in section 7(a)(1), by striking ``the President-elect 
     and Vice President-elect'' and inserting ``the apparent 
     successful candidates''.
                                 ______
                                 
  SA 6399. 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 appropriate place, insert the following:

     SEC. ___. ADDITION OF VIRGIN ISLANDS VISA WAIVER TO GUAM AND 
                   NORTHERN MARIANA ISLANDS VISA WAIVER.

       (a) In General.--Section 212(l) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(l)) is amended to read as 
     follows:
       ``(l) Guam and Northern Mariana Islands Visa Waiver 
     Program; Virgin Islands Visa Waiver Program.--
       ``(1) In general.--The requirement of subsection 
     (a)(7)(B)(i) may be waived by the Secretary of Homeland 
     Security, in the case of an alien applying for admission as a 
     nonimmigrant visitor for business or pleasure and solely for 
     entry into and stay in Guam or the Commonwealth of the 
     Northern Mariana Islands, or the Virgin Islands of the United 
     States, for a period not to exceed 45 days, if the Secretary 
     of Homeland Security, after consultation with the Secretary 
     of the Interior, the Secretary of State, and the Governor of 
     Guam and the Governor of the Commonwealth of the Northern 
     Mariana Islands, or the Governor of the Virgin Islands of the 
     United States, as the case may be, determines that--
       ``(A) an adequate arrival and departure control system has 
     been developed in Guam and the Commonwealth of the Northern 
     Mariana Islands, or the Virgin Islands of the United States; 
     and
       ``(B) such a waiver does not represent a threat to the 
     welfare, safety, or security of the United States or its 
     territories and commonwealths.
       ``(2) Alien waiver of rights.--An alien may not be provided 
     a waiver under this subsection unless the alien has waived 
     any right--
       ``(A) to review or appeal under this Act an immigration 
     officer's determination as to the admissibility of the alien 
     at the port of entry into Guam or the Commonwealth of the 
     Northern Mariana Islands, or the Virgin Islands of the United 
     States; or
       ``(B) to contest, other than on the basis of an application 
     for withholding of removal under section 241(b)(3) of this 
     Act or under the Convention Against Torture, or an 
     application for asylum if permitted under section 208 of this 
     Act, any action for removal of the alien.
       ``(3) Regulations.--All necessary regulations to implement 
     this subsection shall be promulgated by the Secretary of 
     Homeland Security, in consultation with the Secretary of the 
     Interior and the Secretary of State. The promulgation of such 
     regulations shall be considered a foreign affairs function 
     for purposes of section 553(a) of title 5, United States 
     Code. At a minimum, such regulations should include, but not 
     necessarily be limited to--
       ``(A) a listing of all countries whose nationals may obtain 
     the waivers provided by this subsection; and
       ``(B) any bonding requirements for nationals of some or all 
     of those countries who may present an increased risk of 
     overstays or other potential problems, if different from such 
     requirements otherwise provided by law for nonimmigrant 
     visitors.
       ``(4) Factors.--In determining whether to grant or continue 
     providing the waiver under this subsection to nationals of 
     any country, the Secretary of Homeland Security, in 
     consultation with the Secretary of the Interior and the 
     Secretary of State, shall consider all factors that the 
     Secretary of Homeland Security deems relevant, including 
     electronic travel authorizations, procedures for reporting 
     lost and stolen passports, repatriation of aliens, rates of 
     refusal for nonimmigrant visitor visas, overstays, exit 
     systems, and information exchange.
       ``(5) Suspension.--The Secretary of Homeland Security shall 
     monitor the admission of nonimmigrant visitors to Guam and 
     the Commonwealth of the Northern Mariana Islands, and the 
     Virgin Islands of the United States, under this subsection. 
     If the Secretary determines that such admissions have 
     resulted in an unacceptable number of visitors from a country 
     remaining unlawfully in Guam or the Commonwealth of the 
     Northern Mariana Islands, or the Virgin Islands of the United 
     States, unlawfully obtaining entry to other parts of the 
     United States, or seeking withholding of removal or asylum, 
     or that visitors from a country pose a risk to law 
     enforcement or security interests of Guam or the Commonwealth 
     of the Northern Mariana Islands, or of the Virgin Islands of 
     the United States, or of the United States (including the 
     interest in the enforcement of the immigration laws of the 
     United States), the Secretary shall suspend the admission of 
     nationals of such country under this subsection. The 
     Secretary of Homeland Security may in the Secretary's 
     discretion suspend the Guam and Northern Mariana Islands visa 
     waiver program, or the Virgin Islands visa waiver program, at 
     any time, on a country-by-country basis, for other good 
     cause.
       ``(6) Addition of countries.--The Governor of Guam and the 
     Governor of the Commonwealth of the Northern Mariana Islands, 
     or the Governor of the Virgin Islands of the United States, 
     may request the Secretary of the Interior and the Secretary 
     of Homeland Security to add a particular country to the list 
     of countries whose nationals may obtain the waiver provided 
     by this subsection, and the Secretary of Homeland Security 
     may grant such request after consultation with the Secretary 
     of the Interior and the Secretary of State, and may 
     promulgate regulations with respect to the inclusion of that 
     country and any special requirements the Secretary of 
     Homeland Security, in the Secretary's sole discretion, may 
     impose prior to allowing nationals of that country to obtain 
     the waiver provided by this subsection.''.
       (b) Regulations Deadline.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security, in consultation with the Secretary of the 
     Interior and the Secretary of State, shall promulgate any 
     necessary regulations to implement the waiver provided in the 
     amendment made by subsection (a) for the Virgin Islands of 
     the United States.
       (c) Waiver Countries.--The regulations described in 
     subsection (b) shall include a listing of all member or 
     associate member countries of the Caribbean Community whose 
     nationals may obtain, on a country-by-country basis, the 
     waiver provided by this section, except that such regulations 
     shall

[[Page S5926]]

     not provide for a listing of any country if the Secretary of 
     Homeland Security determines that such country's inclusion on 
     such list would represent a threat to the welfare, safety, or 
     security of the United States or its territories and 
     commonwealths, or would increase fraud or abuse of the 
     nonimmigrant visa system.
       (d) Conforming Amendments.--
       (1) Documentation requirements.--Section 212(a)(7)(B)(iii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(7)(B)(iii)) is amended to read as follows:
       ``(iii) Special visa waiver programs.--For a provision 
     authorizing waiver of clause (i) in the case of visitors to 
     Guam or the Commonwealth of the Northern Mariana Islands, or 
     the Virgin Islands of the United States, see subsection 
     (l).''.
       (2) Admission of nonimmigrants.--Section 214(a)(1) of such 
     Act (8 U.S.C. 1184(a)(1)) is amended by striking ``Guam or 
     the Commonwealth of the Northern Mariana Islands'' each place 
     such term appears and inserting ``Guam or the Commonwealth of 
     the Northern Mariana Islands, or the Virgin Islands of the 
     United States''.
       (e) Fees.--The Secretary of Homeland Security shall 
     establish an administrative processing fee to be charged and 
     collected from individuals seeking to enter the Virgin 
     Islands of the United States in accordance with section 
     212(l) of the Immigration and Nationality Act (8 U.S.C. 
     1182(l)), as amended by this Act. Such fee shall be set at a 
     level that will ensure recovery of the full costs of such 
     processing, any additional costs associated with the 
     administration of the fees collected, and any sums necessary 
     to offset reduced collections of the nonimmigrant visa fee or 
     the electronic travel authorization fee that otherwise would 
     have been collected from such individuals.
                                 ______
                                 
  SA 6400. 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 appropriate place in title II, insert the following:

     SEC. ___. PILOT PROGRAM ON RESEARCH AND DEVELOPMENT OF PLANT-
                   BASED PROTEIN FOR THE NAVY.

       (a) Establishment.--Not later than March 1, 2023, the 
     Secretary of the Navy shall establish and carry out a pilot 
     program to offer plant-based protein options at forward 
     operating bases for consumption by members of the Navy.
       (b) Locations.--Not later than March 1, 2023, the Secretary 
     shall identify not fewer than two naval facilities to 
     participate in the pilot program and shall prioritize 
     facilities (such as Joint Region Marianas, Guam, Navy Support 
     Facility, Diego Garcia, and U.S. Fleet Activities Sasebo, 
     Japan) where livestock-based protein options may be costly to 
     obtain or store.
       (c) Authorities.--In establishing and carrying out the 
     pilot program under subsection (a), the Secretary of the Navy 
     may use the following authorities:
       (1) The authority to carry out research and development 
     projects under section 4001 of title 10, United States Code.
       (2) The authority to enter into transactions other than 
     contracts and grants under section 4021 of such title.
       (3) The authority to enter into cooperative research and 
     development agreements under section 4026 of such title.
       (d) Rule of Construction.--Nothing in this Act shall be 
     construed to prevent offering livestock-based protein options 
     alongside plant-based protein options at naval facilities 
     identified under subsection (b).
       (e) Termination.--The requirement to carry out the pilot 
     program established under this section shall terminate three 
     years after the date on which the Secretary establishes the 
     pilot program required under this section.
       (f) Report.--Not later than one year after the termination 
     of the pilot program, the Secretary shall submit to the 
     appropriate congressional committees a report on the pilot 
     program that includes the following:
       (1) The consumption rate of plant-based protein options by 
     members of the Navy under the pilot program.
       (2) Effective criteria to increase plant-based protein 
     options at naval facilities not identified under subsection 
     (b).
       (3) An analysis of the costs of obtaining and storing 
     plant-based protein options compared to the costs of 
     obtaining and storing livestock-based protein options at 
     selected naval facilities.
       (g) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
       (2) The term ``plant-based protein options'' means edible 
     vegan or vegetarian meat alternative products made using 
     plant and other non-livestock-based proteins.
                                 ______
                                 
  SA 6401. Mr. BOOKER (for himself, Mr. Portman, Mr. Tillis, Mr. Kaine, 
Mr. King, Mr. Blunt, Ms. Hirono, Mrs. Capito, Ms. Murkowski, Ms. 
Collins, 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 appropriate place, insert the following:

     SEC. _____. ELIMINATION OF INCREASED PENALTIES FOR COCAINE 
                   OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE 
                   BASE.

       (a) Controlled Substances Act.--The following provisions of 
     the Controlled Substances Act (21 U.S.C. 801 et seq.) are 
     repealed:
       (1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 
     841(b)(1)(A)).
       (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 
     841(b)(1)(B)).
       (b) Controlled Substances Import and Export Act.--The 
     following provisions of the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.) are repealed:
       (1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 
     960(b)(1)).
       (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 
     960(b)(2)).
       (c) Applicability to Pending and Past Cases.--
       (1) Pending cases.--This section, and the amendments made 
     by this section, shall apply to any sentence imposed after 
     the date of enactment of this Act, regardless of when the 
     offense was committed.
       (2) Past cases.--In the case of a defendant who, before the 
     date of enactment of this Act, was convicted or sentenced for 
     a Federal offense involving cocaine base, the sentencing 
     court may, on motion of the defendant, the Bureau of Prisons, 
     the attorney for the Government, or on its own motion, impose 
     a reduced sentence after considering the factors set forth in 
     section 3553(a) of title 18, United States Code.
                                 ______
                                 
  SA 6402. Mr. BOOKER (for himself, Mrs. Gillibrand, Mr. Menendez, and 
Mr. Schumer) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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__. NEW YORK-NEW JERSEY WATERSHED PROTECTION.

       (a) Definitions.--In this section:
       (1) Approved plan.--
       (A) In general.--The term ``approved plan'' means any plan 
     for management of the Watershed--
       (i) that has been approved by a Federal, regional, State, 
     Tribal, or local governmental entity, including State 
     Wildlife Action Plans, Comprehensive Conservation Management 
     Plans, and Watershed Improvement Plans; or
       (ii) that is determined by the Secretary, in consultation 
     with the entities described in clause (i), to contribute to 
     the achievement of the purposes of this section.
       (B) Inclusions.--The term ``approved plan'' includes--
       (i) the New York-New Jersey Harbor & Estuary Program (HEP) 
     Action Agenda;
       (ii) the Hudson Raritan Comprehensive Restoration Plan;
       (iii) the Hudson River Comprehensive Restoration Plan;
       (iv) the Hudson River Estuary Program Action Agenda;
       (v) the Mohawk River Action Agenda;
       (vi) the Sustainable Raritan River Initiative Action Plan;
       (vii) the Lower Passaic and Bronx & Harlem Federal Urban 
     Waters Partnership Workplans;
       (viii) the New Jersey Sports and Exhibition Authority 
     Meadowlands Restoration Plan; and
       (ix) such other conservation projects in the region that 
     achieve the purposes of this section, as determined by the 
     Secretary.
       (2) Environmental justice.--The term ``environmental 
     justice'', with respect to the development, implementation, 
     and enforcement of environmental laws, regulations, and 
     policies, means the fair treatment and meaningful involvement 
     of all people, regardless of race, color, national origin, or 
     income.
       (3) Foundation.--The term ``Foundation'' means the National 
     Fish and Wildlife Foundation.

[[Page S5927]]

       (4) Grant program.--The term ``grant program'' means the 
     voluntary New York-New Jersey Watershed Restoration Grant 
     Program established under subsection (c)(1).
       (5) Program.--The term ``program'' means the New York-New 
     Jersey Watershed Restoration Program established under 
     subsection (b)(1).
       (6) Restoration and protection.--The term ``restoration and 
     protection'' means the conservation, stewardship, and 
     enhancement of habitat for fish and wildlife, including water 
     quality--
       (A) to preserve and improve ecosystems and ecological 
     processes on which those fish and wildlife depend; and
       (B) for use and enjoyment by the public.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service.
       (8) Watershed.--The term ``Watershed'' means the New York-
     New Jersey Watershed, which is comprised of--
       (A) all land area the surface water of which drains into 
     the New York-New Jersey Harbor;
       (B) the waters contained within that land area; and
       (C) the estuaries associated with those watersheds.
       (b) New York-New Jersey Watershed Restoration Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     nonregulatory program, to be known as the ``New York-New 
     Jersey Watershed Restoration Program''.
       (2) Purposes.--The purposes of the program shall include--
       (A) coordinating restoration and protection activities 
     among Federal, State, Tribal, local, and regional entities 
     and conservation partners throughout the Watershed;
       (B) carrying out coordinated restoration and protection 
     activities, and providing for technical assistance for those 
     activities, throughout the Watershed--
       (i) to sustain and enhance fish and wildlife habitat;
       (ii) to improve and maintain water quality to support fish, 
     wildlife, and their habitats, as well as to improve 
     opportunities for public access and recreation in the 
     Watershed consistent with the ecological needs of fish and 
     wildlife habitats;
       (iii) to advance the use of natural climate solutions and 
     natural infrastructure, including living shorelines and other 
     green infrastructure techniques, to maximize the resilience 
     of communities, natural systems, and habitats experiencing 
     the impacts of climate change;
       (iv) to engage the public, particularly communities 
     experiencing environmental injustice, through outreach, 
     education, and community involvement to increase capacity, 
     support, and workforce development for coordinated 
     restoration and protection activities in the Watershed;
       (v) to increase scientific capacity to support the 
     planning, monitoring, and research activities necessary to 
     carry out coordinated restoration and protection activities 
     in the Watershed;
       (vi) to provide for feasibility and planning studies for 
     green infrastructure projects that achieve habitat 
     restoration and stormwater management goals;
       (vii) to support land conservation and management 
     activities necessary to fulfill the Watershed-wide strategy 
     adopted under paragraph (3)(C);
       (viii) to monitor environmental quality to assess progress 
     toward the purposes of this section; and
       (ix) to improve fish and wildlife habitats, as well as 
     opportunities for personal recreation, along rivers and shore 
     fronts within communities experiencing environmental 
     injustice; and
       (C) carrying out restoration and protection activities 
     necessary, as determined by the Secretary, for the 
     implementation of approved plans.
       (3) Duties.--In carrying out the program, the Secretary 
     shall--
       (A) draw on existing and new approved plans for the 
     Watershed, or portions of the Watershed;
       (B) work in consultation with applicable management 
     entities, including representatives of the New York-New 
     Jersey Harbor and Estuary Program (HEP), the Hudson River 
     Estuary Program, the Mohawk River Basin Program, the 
     Sustainable Raritan River Initiative, the Federal Government, 
     other State and local governments, and regional and nonprofit 
     organizations, including environmental justice organizations, 
     as appropriate, to identify, prioritize, and implement 
     restoration and protection activities within the Watershed; 
     and
       (C) adopt a Watershed-wide strategy that--
       (i) supports the implementation of a shared set of science-
     based restoration and protection activities developed in 
     accordance with subparagraph (B);
       (ii) targets cost-effective projects with measurable 
     results;
       (iii) maximizes conservation outcomes;
       (iv) prioritizes the needs of communities experiencing 
     environmental injustice; and
       (v) implements the grant program.
       (4) Consultation.--In establishing the program, the 
     Secretary shall consult with, as appropriate--
       (A) the heads of Federal agencies, including--
       (i) the Administrator of the Environmental Protection 
     Agency;
       (ii) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (iii) the Secretary of Agriculture;
       (iv) the Director of the National Park Service; and
       (v) the heads of such other Federal agencies as the 
     Secretary determines to be appropriate;
       (B) the Governor of New York;
       (C) the Governor of New Jersey;
       (D) the Commissioner of the New York State Department of 
     Environmental Conservation;
       (E) the Director of the New Jersey Division of Fish and 
     Wildlife;
       (F) the New York-New Jersey Harbor & Estuary Program; and
       (G) other public agencies, Indian Tribes, and organizations 
     with authority for the planning and implementation of 
     conservation strategies in the Watershed, as determined 
     appropriate by the Secretary.
       (c) New York-New Jersey Watershed Restoration Grant 
     Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     voluntary grant and technical assistance program, to be known 
     as the ``New York-New Jersey Watershed Restoration Grant 
     Program'', to provide competitive matching grants to State, 
     Tribal, and local governments, nonprofit organizations, 
     institutions of higher education, and other eligible 
     entities, as determined by the Secretary, to carry out the 
     coordinated restoration and protection activities described 
     in subsection (b)(2)(B).
       (2) Criteria.--The Secretary, in consultation with the 
     heads of Federal agencies, organizations, and other persons 
     referred to in subsection (b)(4), shall develop criteria for 
     the grant program to ensure that activities funded under the 
     grant program--
       (A) accomplish 1 or more of the purposes identified in 
     subsection (b)(2)(B); and
       (B) advance the implementation of priority actions or needs 
     identified in the Watershed-wide strategy adopted under 
     subsection (b)(3)(C).
       (3) Capacity building.--In carrying out the grant program, 
     the Secretary shall seek to increase the effectiveness of 
     organizations that carry out restoration and protection 
     activities described in subsection (b)(2)(B) within the 
     Watershed by addressing organizational capacity needs.
       (4) Cost-share.--
       (A) Federal share.--
       (i) In general.--Subject to clause (ii), the Federal share 
     of the total cost of a restoration and protection activity 
     carried out under the grant program shall be not more than 50 
     percent of the total cost, as determined by the Secretary, of 
     that activity.
       (ii) Small, rural, and disadvantaged communities.--

       (I) In general.--Subject to subclause (II), the Federal 
     share of the cost of a restoration and protection activity 
     carried out under the grant program that serves a small, 
     rural, or disadvantaged community shall be 90 percent of the 
     total cost of the activity, as determined by the Secretary.
       (II) Waiver.--The Secretary may increase the Federal share 
     under subclause (I) to 100 percent of the total cost of the 
     restoration and protection activity if the Secretary 
     determines that the grant recipient is unable to pay, or 
     would experience significant financial hardship if required 
     to pay, the non-Federal share.

       (B) Non-federal share.--
       (i) In general.--The non-Federal share of the total cost of 
     a restoration and protection activity carried out under the 
     grant program shall be not more than 50 percent of the total 
     cost, as determined by the Secretary, of that activity.
       (ii) Form of payment.--The non-Federal described in clause 
     (i) may be provided--

       (I) in cash; or
       (II) in the form of an in-kind contribution of services or 
     materials.

       (5) Administration.--
       (A) In general.--The Secretary may enter into an agreement 
     to manage the grant program with--
       (i) the Foundation; or
       (ii) a similar organization that offers grant management 
     services.
       (B) Funding.--If the Secretary enters into an agreement 
     under subparagraph (A), the Foundation or similar 
     organization selected, as applicable, shall--
       (i) receive the amounts made available to carry out the 
     grant program under subsection (e) for each applicable fiscal 
     year in an advance payment of the entire amount on October 1 
     of that fiscal year, or as soon as practicable thereafter;
       (ii) invest and reinvest those amounts for the benefit of 
     the grant program; and
       (iii) administer the grant program to support partnerships 
     between the public and private sectors in accordance with 
     this section.
       (C) Requirements.--If the Secretary enters into an 
     agreement with the Foundation under subparagraph (A), any 
     amounts received by the Foundation under this subsection 
     shall be subject to the National Fish and Wildlife Foundation 
     Establishment Act (16 U.S.C. 3701 et seq.), excluding section 
     10(a) of that Act (16 U.S.C. 3709(a)).
       (d) Annual Reports.--Not later than 180 days after the date 
     of enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the 
     implementation of this section, including a description of 
     each activity that has received funding under this section in 
     the preceding fiscal year.

[[Page S5928]]

       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section such sums as are 
     necessary for fiscal year 2023.
       (2) Grant program.--Of the amounts made available under 
     paragraph (1), the Secretary shall use not less than 75 
     percent to carry out the grant program, including for 
     technical assistance relating to the grant program.
                                 ______
                                 
  SA 6403. 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 appropriate place, insert the following:

     SEC. ___. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL 
                   EXPERTS TO PROMOTE AND PROTECT NATIONAL 
                   SECURITY INNOVATION BASE.

       (a) Special Immigrant Status.--In accordance with the 
     procedures established under subsection (f)(1), and subject 
     to subsection (c)(1), the Secretary of Homeland Security may 
     provide an alien described in subsection (b) (and the spouse 
     and each child of the alien if accompanying or following to 
     join the alien) with the status of a special immigrant under 
     section 101(a)(27) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)), if the alien--
       (1) submits a classification petition under section 
     204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for lawful 
     permanent residence.
       (b) Aliens Described.--An alien is described in this 
     subsection if--
       (1) the alien--
       (A) is a current or past participant in research funded by 
     the Department of Defense;
       (B) is a current or past employee or contracted employee of 
     the Department of Defense;
       (C) earned a master's, doctoral, or professional degree 
     from an accredited United States institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), or completed a 
     graduate fellowship or graduate medical education at an 
     accredited United States institution of higher education, 
     that entailed research in a field of importance to the 
     national security of the United States, as determined by the 
     Secretary of Defense;
       (D) is a current employee of, or has a documented job offer 
     from, a company that develops new technologies or cutting-
     edge research that contributes to the national security of 
     the United States, as determined by the Secretary of Defense; 
     or
       (E) is a founder or co-founder of a United States-based 
     company that develops new technologies or cutting-edge 
     research that contributes to the national security of the 
     United States, as determined by the Secretary of Defense; and
       (2) the Secretary of Defense issues a written statement to 
     the Secretary of Homeland Security confirming that the alien 
     possesses scientific or technical expertise that will 
     contribute to the national security of the United States.
       (c) Numerical Limitations.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     may not exceed--
       (A) 10 in each of fiscal years 2023 through 2032; and
       (B) 100 in fiscal year 2033 and each fiscal year 
     thereafter.
       (2) Exclusion from numerical limitation.--Aliens provided 
     special immigrant status under this section shall not be 
     counted against the numerical limitations under sections 
     201(d), 202(a), and 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
       (d) Defense Competition for Scientists and Technical 
     Experts.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     and implement a process to select, on a competitive basis 
     from among individuals described in subsection (b), 
     individuals for recommendation to the Secretary of Homeland 
     Security for special immigrant status described in subsection 
     (a).
       (e) Authorities.--In carrying out this section, the 
     Secretary of Defense shall authorize appropriate personnel of 
     the Department of Defense to use all personnel and management 
     authorities available to the Department, including the 
     personnel and management authorities provided to the science 
     and technology reinvention laboratories, the Major Range and 
     Test Facility Base (as defined in section 196(i) of title 10, 
     United States Code), and the Defense Advanced Research 
     Projects Agency.
       (f) Procedures.--Not later than 360 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Defense shall jointly establish policies 
     and procedures implementing the provisions in this section, 
     which shall include procedures for--
       (1) processing of petitions for classification submitted 
     under subsection (a)(1) and applications for an immigrant 
     visa or adjustment of status, as applicable; and
       (2) thorough processing of any required security 
     clearances.
       (g) Fees.--The Secretary of Homeland Security shall 
     establish a fee--
       (1) to be charged and collected to process an application 
     filed under this section; and
       (2) that is set at a level that will ensure recovery of the 
     full costs of such processing and any additional costs 
     associated with the administration of the fees collected.
       (h) Implementation Report Required.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security and the Secretary of Defense 
     shall jointly submit to the appropriate committees of 
     Congress a report that includes--
       (1) a plan for implementing the authorities provided under 
     this section; and
       (2) identification of any additional authorities that may 
     be required to assist the Secretaries in fully implementing 
     this section.
       (i) Program Evaluation and Report.--
       (1) Evaluation.--The Comptroller General of the United 
     States shall conduct an evaluation of the competitive program 
     and special immigrant program described in subsections (a) 
     through (g).
       (2) Report.--Not later than October 1, 2026, the 
     Comptroller General shall submit to the appropriate 
     committees of Congress a report on the results of the 
     evaluation conducted under paragraph (1).
       (j) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     the Judiciary of the House of Representatives.
       (2) National security innovation base.--The term ``National 
     Security Innovation Base'' means the network of persons and 
     organizations, including Federal agencies, institutions of 
     higher education, federally funded research and development 
     centers, defense industrial base entities, nonprofit 
     organizations, commercial entities, and venture capital firms 
     that are engaged in the military and non-military research, 
     development, funding, and production of innovative 
     technologies that support the national security of the United 
     States.
                                 ______
                                 
  SA 6404. 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 F of title V, add the following:

     SEC. 575. PROMOTION OF CERTAIN FOOD AND NUTRITION ASSISTANCE 
                   PROGRAMS.

       (a) In General.--Each Secretary concerned shall promote, to 
     members of the Armed Forces under the jurisdiction of the 
     Secretary, awareness of food and nutrition assistance 
     programs administered by--
       (1) the Department of Defense; and
       (2) the Department of Agriculture.
       (b) Reporting.--Not later than one year after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to the appropriate congressional committees a report 
     summarizing activities taken by the Secretary to carry out 
     subsection (a).
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate; and
       (C) the Committee on Agriculture of the House of 
     Representatives.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given that term in section 101 of title 10, 
     United States Code.
                                 ______
                                 
  SA 6405. 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 appropriate place in title II, insert the following:

[[Page S5929]]

  


     SEC. ___. SUBCONTRACTING REQUIREMENTS FOR MINORITY 
                   INSTITUTIONS.

       (a) In General.--Subchapter III of chapter 303 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4127. Subcontracting requirements for minority 
       institutions

       ``(a) In General.--(1) The head of an agency shall require 
     that a contract awarded to Department of Defense Federally 
     Funded Research and Development Center or University 
     Affiliated Research Center includes a requirement to 
     establish a partnership to develop the capacity of minority 
     institutions to address the research and development needs of 
     the Department.
       ``(2) Partnerships established pursuant to paragraph (1) 
     shall be through a subcontract with one or more minority 
     institutions for a total amount of not less than 5 percent of 
     the amount awarded in the contract.
       ``(b) Definition of Minority Institution.--In this section, 
     the term `minority institution' means--
       ``(1) a part B institution (as such term is defined in 
     section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1061(2))); or
       ``(2) any other institution of higher education (as such 
     term is defined in section 101 of such Act (20 U.S.C. 1001)) 
     at which not less than 50 percent of the total student 
     enrollment consists of students from ethnic groups that are 
     underrepresented in the fields of science and engineering.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 303 of such title is amended by 
     inserting after the item relating to section 4126 the 
     following new item:

``4127. Subcontracting requirements for minority institutions.''.
       (c) Effective Date.--The amendments made by paragraph (1) 
     shall--
       (1) take effect on October 1, 2026; and
       (2) apply with respect to funds that are awarded by the 
     Department of Defense on or after such date.
                                 ______
                                 
  SA 6406. 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. MILITARY HOUSING FEEDBACK TOOL.

       (a) In General.--Subchapter II of chapter 169 of title 10, 
     United States Code, is amended by striking section 2837 and 
     inserting the following new section:

     ``Sec. 2837. Military housing feedback tool

       ``(a) In General.--The Secretary of Defense shall provide 
     for a feedback tool, such as a rating system or similar 
     mechanism, under which members of the armed forces and their 
     spouses may anonymously identify, rate, and compare housing 
     under the jurisdiction of the Department of Defense 
     (including housing under subchapter IV of this chapter).
       ``(b) Components.--The tool required under subsection (a) 
     shall include the following components:
       ``(1) The capability for users to--
       ``(A) rate housing using multiple quality measures, 
     including safety, the timeliness and quality of maintenance 
     services, and the responsiveness of management;
       ``(B) upload visual media, including images;
       ``(C) include written comments; and
       ``(D) submit an alert for potential major health risks, 
     such as the potential presence of lead paint, asbestos, mold, 
     hazardous materials, contaminated or unsafe drinking water, 
     or serious safety issues, such as potential problems with 
     fire or carbon monoxide detection equipment.
       ``(2) A comparison feature that can be used to compare 
     ratings for different housing communities.
       ``(3) Accessibility by members of the armed forces, their 
     family members, and members of Congress.
       ``(4) An educational feature to help users better identify 
     potential environmental and safety hazards such as lead 
     paint, asbestos, mold, unsafe water, and potentially non-
     functional fire or carbon monoxide detection equipment for 
     the purposes of protecting residents and submitting alerts 
     described in paragraph (1)(D) for potential problems that may 
     need urgent professional attention.
       ``(c) Reporting Requirement.--Not later than one year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate congressional committees, and make available to 
     the Secretary concerned, an annual report that includes a 
     summary of the data collected using the feedback tool 
     required under this section during the year covered by the 
     report.
       ``(d) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       ``(2) the Committee on Armed Services and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by inserting after the item relating to 
     section 2836 the following new item:

``2837. Military housing feedback tool.''.
                                 ______
                                 
  SA 6407. 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 D of title XII, add the following:

     SEC. 1254. UNITED STATES-INDIA DEFENSE PARTNERSHIP.

       (a) Sense of Congress on a Strong United States-India 
     Defense Partnership.--It is the sense of Congress that--
       (1) a strong United States-India defense partnership rooted 
     in shared democratic values is critical to advancing United 
     States interests in the Indo-Pacific region; and
       (2) such partnership between the world's oldest and largest 
     democracies is critical and should continue to be 
     strengthened in response to increasing threats in the Indo-
     Pacific region so as to send an unequivocal signal that 
     sovereignty and international law must be respected.
       (b) United States-India Initiative on Critical and Emerging 
     Technologies.--Congress makes the following findings:
       (1) The United States-India Initiative on Critical and 
     Emerging Technologies is a welcome and essential step to 
     developing closer partnerships between governments, academia, 
     and industry in the United States and India for the purpose 
     of addressing the latest advances in artificial intelligence, 
     quantum computing, biotechnology, aerospace, and 
     semiconductor manufacturing.
       (2) Collaborations between engineers and computer 
     scientists through the United States-India Initiative on 
     Critical and Emerging Technologies are vital to help ensure 
     that the United States, India, and other democracies around 
     the world foster innovation and facilitate technological 
     advances that continue to far outpace the technology of the 
     Russian Federation and the People's Republic of China.
       (c) Sense of Congress on Border Threats From the People's 
     Republic of China and Reliance on Weapons Manufactured by 
     Russian Federation.--It is the sense of Congress that--
       (1) India faces immediate and serious regional border 
     threats from the People's Republic of China, with continued 
     military aggression by the Government of the People's 
     Republic of China along the India-People's Republic of China 
     border;
       (2) for its national defense, India relies on weapons 
     manufactured by the Russian Federation; and
       (3) the United States should take additional steps to 
     encourage India to accelerate its transition away from 
     weapons and defense systems manufactured in the Russian 
     Federation while strongly supporting India's immediate 
     defense needs.
                                 ______
                                 
  SA 6408. 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 D of title XII, add the following:

     SEC. 1254. ELIGIBILITY OF INDIA FOR FOREIGN MILITARY SALES 
                   AND EXPORT STATUS UNDER ARMS EXPORT CONTROL 
                   ACT.

       The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
     amended--
       (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
     21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 
     36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
     ``India,'' before ``or New Zealand'' each place it appears;
       (2) in section 3(b)(2), by inserting ``the Government of 
     India,'' before ``or the Government of New Zealand''; and
       (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
     ``India,'' before ``or Israel'' each place it appears.
                                 ______
                                 
  SA 6409. 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

[[Page S5930]]

fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel 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. SENSE OF SENATE ON INVESTMENT IN WORKFORCE OF 
                   DEFENSE INDUSTRIAL BASE.

       (a) Findings.--Congress makes the following findings:
       (1) Global supply chain disruptions have become more 
     common, with recent events highlighting risks and 
     vulnerabilities that undermine the national security of the 
     United States.
       (2) The February 2022 report of the Department of Defense 
     entitled ``Securing Defense-Critical Supply Chains: An action 
     plan developed in response to President Biden's Executive 
     Order 14017'' and the 2022 industrial capabilities report of 
     the Assistant Secretary of Defense for Industrial Base Policy 
     each outline strategic focus areas and enabling capabilities, 
     and associated vulnerabilities, and provide recommendations 
     to strengthen the defense industrial base.
       (3) The Department of Defense relies on a skilled workforce 
     to innovate, produce, and sustain weapon systems.
       (4) Decades of erosion across workforce development 
     pipelines jeopardize and threaten the United States 
     industrial base's ability to remain competitive.
       (5) The Department of Defense has expressed that a focus 
     area for investment in fiscal year 2023 will be efforts that 
     continue to focus on recruitment, training, and placing 
     skilled workers in support of defense priorities and in 
     support of priority defense programs.
       (6) The stated primary effort by the Department of Defense 
     will be a major, multi-year, endeavor with the Navy, focused 
     on ensuring the health and capacity of the submarine 
     workforce of the Department of Defense.
       (7) The Industrial Base Analysis and Sustainment program, 
     in partnership with the Navy submarine enterprise, has stated 
     an intent to invest in the development of the necessary 
     training and education programs of the industrial base, with 
     the aim of creating sufficient capability to provide a 
     ``ready to work'', high-skill workforce at the production 
     levels needed to meet the nuclear submarine modernization 
     requirements of the Navy.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Department of Defense should continue investment in 
     the National Imperative for Industrial Skills Initiative; and
       (2) accelerate efforts to expand pilot programs under that 
     Initiative as part of a broader push to set up networks of 
     at-scale regional workforce training centers around the 
     United States.
                                 ______
                                 
  SA 6410. 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 A of title VI, add the following:

     SEC. 606. COMPLEX OVERHAUL PAY.

       (a) Establishment.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations under section 352 of title 37, United 
     States Code, for the payment of special monthly pay (to be 
     known as ``complex overhaul pay'') to a member of the Armed 
     Forces assigned to a naval vessel undergoing nuclear 
     refueling or defueling and any concurrent complex overhaul.
       (2) Amount of pay.--Complex overhaul pay under paragraph 
     (1) shall equal $200 per month.
       (3) Relationship to other pay or allowances.--Complex 
     overhaul pay under paragraph (1) is in addition to any other 
     pay or allowance to which a member is entitled.
       (b) Allowable Travel and Transportation Allowances: Complex 
     Overhaul.--Section 452(b) of title 37, United States Code, is 
     amended--
       (1) by redesignating the second paragraph (18) as paragraph 
     (21); and
       (2) by adding at the end the following new paragraphs:
       ``(22) Permanent change of assignment to or from a naval 
     vessel undergoing nuclear refueling or defueling and any 
     concurrent complex overhaul, even if such assignment is 
     within the same area as the current assignment of the member.
       ``(23) Current assignment to a naval vessel entering or 
     exiting nuclear refueling or defueling and any concurrent 
     complex overhaul.''.
                                 ______
                                 
  SA 6411. 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 G of title V, add the following:

     SEC. 589. REPORT ON RECRUITING AND PROMOTING ASIAN AMERICANS 
                   TO CONTRIBUTE TO THE STRATEGIC MISSION OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) Asian American members of the Armed Forces and civilian 
     employees and contractors of the Department of Defense are 
     critical assets to the Department's ability to execute on its 
     long-term strategies and achieve maximum readiness, including 
     with regard to strategic competition in the Indo-Pacific 
     region; and
       (2) greater emphasis on recruitment of Asian American 
     personnel, especially those with language, technical, and 
     cultural competencies, and subsequent promotion to senior 
     leadership and general and flag officer levels, improves the 
     Department's ability to accomplish its mission around the 
     world and in the Indo-Pacific region.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     that includes--
       (1) an assessment of the extent to which the ability of the 
     Department of Defense to implement the National Security 
     Strategic Guidance and National Defense Strategy, as well as 
     the ability of the Department to meet the challenges of 
     strategic competition in the Indo-Pacific region, is 
     supported by recruitment and promotion of Asian Americans, 
     and is negatively impacted by the discrimination faced by 
     Asian Americans; and
       (2) an assessment of the current gaps in language, 
     technical, and cultural competencies among personnel of the 
     Department and of any identified benefits from increased 
     Asian American recruitment and promotion.
                                 ______
                                 
  SA 6412. 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 appropriate place in title II, insert the following:

     SEC. ___. REVIEW OF ARTIFICIAL INTELLIGENCE INVESTMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (1) review the current investment into applications of 
     artificial intelligence to the platforms, processes, and 
     operations of the Department of Defense; and
       (2) categorize the types of artificial intelligence 
     investments by categories including but not limited to the 
     following:
       (A) Automation.
       (B) Machine learning.
       (C) Autonomy.
       (D) Robotics.
       (E) Deep learning and neural network.
       (F) Natural language processing.
       (b) Report to Congress.--Not later than 120 days after the 
     completion of the review and categorization required by 
     subsection (a), the Secretary of Defense shall submit to the 
     congressional defense committees a report on--
       (1) the findings of the Secretary with respect to the 
     review and any action taken or proposed to be taken by the 
     Secretary to address such findings; and
       (2) an evaluation of how the findings of the Secretary 
     align with stated strategies of the Department of Defense 
     with regard to artificial intelligence and performance 
     objectives established in section 226 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 
     U.S.C. 4001 note).
                                 ______
                                 
  SA 6413. 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 E of title III, add the following:

[[Page S5931]]

  


     SEC. 372. REPORT ON INITIATIVES OF DEPARTMENT OF DEFENSE TO 
                   SOURCE LOCALLY AND REGIONALLY PRODUCED FOODS 
                   FOR INSTALLATIONS OF THE DEPARTMENT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report detailing--
       (1) current procurement practices of the Department of 
     Defense regarding food for consumption or distribution on 
     installations of the Department;
       (2) efforts by the Department of Defense to establish and 
     strengthen ``farm to base'' initiatives to source locally and 
     regionally produced foods, including seafood, for consumption 
     or distribution at installations of the Department;
       (3) efforts by the Department to collaborate with relevant 
     Federal agencies, including the Department of Veterans 
     Affairs, the Department of Agriculture, and the Department of 
     Commerce, to procure locally and regionally produced foods;
       (4) opportunities where procurement of locally and 
     regionally produced foods would be beneficial to members of 
     the Armed Forces, their families, military readiness by 
     improving health outcomes, and farmers near installations of 
     the Department;
       (5) barriers currently preventing the Department from 
     increasing procurement of locally and regionally produced 
     foods or preventing producers from partnering with nearby 
     installations of the Department; and
       (6) recommendations for how the Department can improve 
     procurement practices to increase offerings of locally and 
     regionally produced foods.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Natural Resources, and the Committee on Agriculture of the 
     House of Representatives.
                                 ______
                                 
  SA 6414. 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 in title X, insert the following:

     SEC. ___. IMPROVING TRANSPARENCY AND ACCOUNTABILITY OF 
                   EDUCATIONAL INSTITUTIONS FOR PURPOSES OF 
                   VETERANS EDUCATIONAL ASSISTANCE.

       (a) Requirement Relating to G.I. Bill Comparison Tool.--
       (1) Requirement to maintain tool.--The Secretary of 
     Veterans Affairs shall maintain the G.I. Bill Comparison Tool 
     that was established pursuant to Executive Order 13607 (77 
     Fed. Reg. 25861; relating to establishing principles of 
     excellence for educational institutions serving service 
     members, veterans, spouses, and other family members) and in 
     effect on the day before the date of the enactment of this 
     Act, or successor tool, to provide relevant and timely 
     information about programs of education approved under 
     chapter 36 of title 38, United States Code, and the 
     educational institutions that offer such programs.
       (2) Data retention.--The Secretary shall ensure that 
     historical data that is reported via the tool maintained 
     under paragraph (1) remains easily and prominently accessible 
     on the benefits.va.gov website, or successor website, for a 
     period of not less than seven years from the date of initial 
     publication.
       (b) Providing Timely and Relevant Education Information to 
     Veterans, Members of the Armed Forces, and Other 
     Individuals.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs, 
     in coordination with the Secretary of Education, shall make 
     such changes to the tool maintained under subsection (a) as 
     the Secretary determines appropriate to ensure that such tool 
     is an effective and efficient method for providing 
     information pursuant to section 3698(b)(5) of title 38, 
     United States Code.
       (2) Modification of scope of comprehensive policy on 
     providing education information.--Section 3698 of title 38, 
     United States Code, is amended--
       (A) in subsection (a), by striking ``veterans and members 
     of the Armed Forces'' and inserting ``individuals entitled to 
     educational assistance under laws administered by the 
     Secretary of Veterans Affairs''; and
       (B) in subsection (b)(5)--
       (i) by striking ``veterans and members of the Armed 
     Forces'' and inserting ``individuals described in subsection 
     (a)''; and
       (ii) by striking ``the veteran or member'' and inserting 
     ``the individual''.
       (3) G.I. bill comparison tool required disclosures.--
     Paragraph (1) of subsection (c) of such section is amended--
       (A) by striking subparagraph (B) and inserting the 
     following:
       ``(B) for each individual described in subsection (a) 
     seeking information provided under subsection (b)(5)--
       ``(i) the name of each Federal student aid program, and a 
     description of each such program, from which the individual 
     may receive educational assistance; and
       ``(ii) for each program named and described pursuant to 
     clause (i), the amount of educational assistance that the 
     individual may be eligible to receive under the program; 
     and''; and
       (B) in subparagraph (C)--
       (i) in clause (i), by inserting ``and a definition of each 
     type of institution'' before the semicolon;
       (ii) by striking clause (v) and inserting the following:
       ``(v) the average total cost, the average tuition, the 
     average cost of room and board, the average cost and the 
     average fees to earn a certificate, and associate's degree, a 
     bachelor's degree, a postdoctoral degree, and any other 
     degree or credential the institution awards;'';
       (iii) in clause (xii), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following new clauses:
       ``(xiii) program, degree, and certificate completion rates, 
     disaggregated by individuals who are veterans, individuals 
     who are members of the Armed Forces, and individuals who are 
     neither veterans nor members of the Armed Forces;
       ``(xiv) transfer-out rates, disaggregated by individuals 
     who are veterans, individuals who are members of the Armed 
     Forces, and individuals who are neither veterans nor members 
     of the Armed Forces;
       ``(xv) credentials available and the average time for 
     completion of each credential;
       ``(xvi) employment rate and median income of graduates of 
     the institution in general, disaggregated by--
       ``(I) specific credential;
       ``(II) individuals who are veterans;
       ``(III) individuals who are members of the Armed Forces; 
     and
       ``(IV) individuals who are neither veterans nor members of 
     the Armed Forces;
       ``(xvii) percentage of individuals who received educational 
     assistance under this title to pursue a program of education 
     at the institution who did not earn a credential within six 
     years of commencing such program of education;
       ``(xviii) the median amount of debt incurred from a Federal 
     student loan made, insured, or guaranteed under title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) by 
     an individual who pursued a program of education at the 
     institution with educational assistance under this title, 
     disaggregated by--
       ``(I) individuals who received a credential and individuals 
     who did not; and
       ``(II) individuals who are veterans, individuals who are 
     members of the Armed Forces, and individuals who are neither 
     veterans nor members of the Armed Forces;
       ``(xix) whether the institution participates in Federal 
     student aid programs, and if so, which programs;
       ``(xx) the average number of individuals enrolled in the 
     institution per year, disaggregated by--
       ``(I) individuals who are veterans;
       ``(II) individuals who are members of the Armed Forces; and
       ``(III) individuals who are neither veterans nor members of 
     the Armed Forces; and
       ``(xxi) a list of each civil settlement or finding 
     resulting from a Federal or State action in a court of 
     competent jurisdiction against the institution for violation 
     of a provision of Federal or State law that materially 
     affects the education provided at the institution or is the 
     result of illicit activity, including deceptive marketing or 
     misinformation provided to prospective students or current 
     enrollees.''.
       (4) Clarity of information provided.--Paragraph (2) of such 
     subsection is amended--
       (A) by inserting ``(A)'' before ``To the extent''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) The Secretary shall ensure that information provided 
     under subsection (b)(5) is provided in a manner that is easy 
     and accessible to individuals described in subsection (a), 
     especially with respect to information described in paragraph 
     (1)(C)(xxii).''.
       (c) Improvements for Student Feedback.--
       (1) In general.--Subsection (b)(2) of such section is 
     amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) providing institutions of higher learning up to 30-
     days to review and respond to any feedback and address issues 
     regarding the feedback before the feedback is published'';
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following new subparagraphs:
       ``(D) for each institution of higher learning that is 
     approved under this chapter, retains, maintains, and 
     publishes all of such feedback for the entire duration that 
     the institution of higher is approved under this chapter; and

[[Page S5932]]

       ``(E) is easily accessible to individuals described in 
     subsection (a) and to the general public.''.
       (2) Accessibility from g.i. bill comparison tool.--The 
     Secretary shall ensure that--
       (A) the feedback tracked and published under subsection 
     (b)(2) of such section, as amended by paragraph (1), is 
     prominently displayed in the tool maintained under subsection 
     (a) of this section; and
       (B) when such tool displays information for an institution 
     of higher learning, the applicable feedback is also displayed 
     for such institution of higher learning.
       (d) Training for Provision of Education Counseling 
     Services.--
       (1) In general.--Not less than one year after the date of 
     the enactment of this Act, the Secretary shall ensure that 
     personnel employed or contracted by the Department of Veteran 
     Affairs to provide education benefits counseling, vocational 
     or transition assistance, or similar functions, including 
     employees or contractors of the Department who provide such 
     counseling or assistance as part of the Transition Assistance 
     Program, are trained on how--
       (A) to use properly the tool maintained under subsection 
     (a); and
       (B) to provide appropriate educational counseling services 
     to veterans, members of the Armed Forces, and other 
     individuals.
       (2) Transition assistance program defined.--In this 
     subsection, the term ``Transition Assistance Program'' means 
     the program of counseling, information, and services under 
     section 1142 of title 10, United States Code.

     SEC. ___. RESTORATION OF ENTITLEMENT TO VETERANS EDUCATIONAL 
                   ASSISTANCE AND OTHER RELIEF FOR VETERANS 
                   AFFECTED BY CIVIL ENFORCEMENT ACTIONS AGAINST 
                   EDUCATIONAL INSTITUTIONS.

       (a) In General.--Section 3699(b)(1) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (B)(ii), by striking ``; and'' and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) a Federal or State civil enforcement action against 
     the education institution; or
       ``(D) an action taken by the Secretary; and''.
       (b) Mechanism.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish a simple mechanism that can be used by an 
     individual described in subsection (b)(1) of section 3699 of 
     such title by reason of subparagraph (C) or (D) of such 
     subsection, as added by subsection (a)(3) of this section, to 
     obtain relief under section 3699(a) of such title.
       (c) Conforming Amendments.--
       (1) Section heading.--The heading for section 3699 of such 
     title is amended by striking ``or disapproval of educational 
     institution'' and inserting ``of, disapproval of, or civil 
     enforcement actions against educational institutions''.
       (2) Subsection heading.--The heading for subsection (a) of 
     such section is amended by striking ``or Disapproval'' and 
     inserting ``, Disapproval, Civil Enforcement Actions, and 
     Other Actions by Secretary of Veterans Affairs''.
       (3) Table of sections.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3699 and inserting the following 
     new item:

``3699. Effects of closure of, disapproval of, or civil enforcement 
              actions against educational institutions.''.
                                 ______
                                 
  SA 6415. Mr. SCHATZ (for himself, Mrs. Shaheen, Ms. Warren, 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, insert the following:

     SEC. 1077. BILITERACY EDUCATION SEAL AND TEACHING.

       (a) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``English learner'', 
     ``secondary school'', and ``State'' have the meanings given 
     those terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Native american languages.--The term ``Native American 
     languages'' has the meaning given the term in section 103 of 
     the Native American Languages Act (25 U.S.C. 2902).
       (3) Seal of biliteracy program.--The term ``Seal of 
     Biliteracy program'' means any program described in 
     subsection (b)(1) that is established or improved, and 
     carried out, with funds received under this section.
       (4) Second language.--The term ``second language'' means 
     any language other than English (or a Native American 
     language, pursuant to subsection (b)(1)(B)), including 
     Braille, American Sign Language, or a Classical language.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (b) Grants for State Seal of Biliteracy Programs.--
       (1) Establishment of program.--
       (A) In general.--From amounts made available under 
     paragraph (6), the Secretary shall award grants, on a 
     competitive basis, to States to enable the States to 
     establish or improve, and carry out, Seal of Biliteracy 
     programs to recognize student proficiency in speaking, 
     reading, and writing in both English and a second language.
       (B) Inclusion of native american languages.--
     Notwithstanding subparagraph (A), each Seal of Biliteracy 
     program shall contain provisions allowing the use of Native 
     American languages, including allowing speakers of any Native 
     American language recognized as official by any American 
     government, including any Tribal government, to use 
     equivalent proficiency in speaking, reading, and writing in 
     the Native American language in lieu of proficiency in 
     speaking, reading, and writing in English.
       (C) Duration.--A grant awarded under this subsection shall 
     be for a period of 2 years, and may be renewed at the 
     discretion of the Secretary.
       (D) Renewal.--At the end of a grant term, a State that 
     receives a grant under this subsection may reapply for a 
     grant under this subsection.
       (E) Limitations.--A State shall not receive more than 1 
     grant under this subsection at any time.
       (F) Return of unspent grant funds.--Each State that 
     receives a grant under this subsection shall return any 
     unspent grant funds not later than 6 months after the date on 
     which the term for the grant ends.
       (2) Grant application.--A State that desires a grant under 
     this subsection shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     and assurances as the Secretary may require, including--
       (A) a description of the criteria a student must meet to 
     demonstrate the proficiency in speaking, reading, and writing 
     in both languages necessary for the State Seal of Biliteracy 
     program;
       (B) a detailed description of the State's plan--
       (i) to ensure that English learners and former English 
     learners are included in the State Seal of Biliteracy 
     program;
       (ii) to ensure that--

       (I) all languages, including Native American languages, can 
     be tested for the State Seal of Biliteracy program; and
       (II) Native American language speakers and learners are 
     included in the State Seal of Biliteracy program, including 
     students at tribally controlled schools and at schools funded 
     by the Bureau of Indian Education; and

       (iii) to reach students, including eligible students 
     described in paragraph (3)(B) and English learners, their 
     parents, and schools with information regarding the State 
     Seal of Biliteracy program;
       (C) an assurance that a student who meets the requirements 
     under subparagraph (A) and paragraph (3) receives--
       (i) a permanent seal or other marker on the student's 
     secondary school diploma or its equivalent; and
       (ii) documentation of proficiency on the student's official 
     academic transcript; and
       (D) an assurance that a student is not charged a fee for 
     providing information under paragraph (3)(A).
       (3) Student participation in a seal of biliteracy 
     program.--
       (A) In general.--To participate in a Seal of Biliteracy 
     program, a student shall provide information to the State 
     that serves the student at such time, in such manner, and 
     including such information and assurances as the State may 
     require, including an assurance that the student has met the 
     criteria established by the State under paragraph (2)(A).
       (B) Student eligibility for participation.--A student who 
     gained proficiency in a second language outside of school may 
     apply under subparagraph (A) to participate in a Seal of 
     Biliteracy program.
       (4) Use of funds.--Grant funds made available under this 
     subsection shall be used for--
       (A) the administrative costs of establishing or improving, 
     and carrying out, a Seal of Biliteracy program that meets the 
     requirements of paragraph (2); and
       (B) public outreach and education about the Seal of 
     Biliteracy program.
       (5) Report.--Not later than 18 months after receiving a 
     grant under this subsection, a State shall issue a report to 
     the Secretary describing the implementation of the Seal of 
     Biliteracy program for which the State received the grant.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $10,000,000 
     for each of fiscal years 2023 through 2027.
                                 ______
                                 
  SA 6416. 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

[[Page S5933]]

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. JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.

       Public Law 109-441 (120 Stat. 3290) is amended--
       (1) in section 2, by adding at the end the following:
       ``(4) Japanese american confinement education grants.--The 
     term `Japanese American Confinement Education Grants' means 
     competitive grants, awarded through the Japanese American 
     Confinement Sites Program, for Japanese American 
     organizations to educate individuals, including through the 
     use of digital resources, in the United States on the 
     historical importance of Japanese American confinement during 
     World War II, so that present and future generations may 
     learn from Japanese American confinement and the commitment 
     of the United States to equal justice under the law.
       ``(5) Japanese american organization.--The term `Japanese 
     American organization' means a private nonprofit organization 
     within the United States established to promote the 
     understanding and appreciation of the ethnic and cultural 
     diversity of the United States by illustrating the Japanese 
     American experience throughout the history of the United 
     States.''; and
       (2) in section 4--
       (A) by inserting ``(a) In General.--'' before ``There are 
     authorized'';
       (B) by striking ``$38,000,000'' and inserting 
     ``$80,000,000''; and
       (C) by adding at the end the following:
       ``(b) Japanese American Confinement Education Grants.--
       ``(1) In general.--Of the amounts made available under this 
     section, not more than $10,000,000 shall be awarded as 
     Japanese American Confinement Education Grants to Japanese 
     American organizations. Such competitive grants shall be in 
     an amount not less than $750,000 and the Secretary shall give 
     priority consideration to Japanese American organizations 
     with fewer than 100 employees.
       ``(2) Matching requirement.--
       ``(A) Fifty percent.--Except as provided in subparagraph 
     (B), for funds awarded under this subsection, the Secretary 
     shall require a 50 percent match with non-Federal assets from 
     non-Federal sources, which may include cash or durable goods 
     and materials fairly valued, as determined by the Secretary.
       ``(B) Waiver.--The Secretary may waive all or part of the 
     matching requirement under subparagraph (A), if the Secretary 
     determines that--
       ``(i) no reasonable means are available through which an 
     applicant can meet the matching requirement; and
       ``(ii) the probable benefit of the project funded outweighs 
     the public interest in such matching requirement.''.
                                 ______
                                 
  SA 6417. 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 end of title X, add the following:

            Subtitle H--Use of Medical Marijuana by Veterans

     SEC. 1081. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 
                   MARIJUANA.

       (a) Safe Harbor.--Notwithstanding the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
     and Export Act (21 U.S.C. 951 et seq.), or any other Federal 
     law, it shall not be unlawful for--
       (1) a veteran to use, possess, or transport medical 
     marijuana in a State or on Indian land if the use, 
     possession, or transport is authorized and in accordance with 
     the law of the applicable State or Indian Tribe;
       (2) a physician to discuss with a veteran the use of 
     medical marijuana as a treatment if the physician is in a 
     State or on Indian land where the law of the applicable State 
     or Indian Tribe authorizes the use, possession, distribution, 
     dispensation, administration, delivery, and transport of 
     medical marijuana; or
       (3) a physician to recommend, complete forms for, or 
     register veterans for participation in a treatment program 
     involving medical marijuana that is approved by the law of 
     the applicable State or Indian Tribe.
       (b) Definitions.--In this section:
       (1) Indian land.--The term ``Indian land'' means any of the 
     Indian lands, as that term is defined in section 824(b) of 
     the Indian Health Care Improvement Act (25 U.S.C. 1680n).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (3) Physician.--The term ``physician'' means a physician 
     appointed by the Secretary of Veterans Affairs under section 
     7401(1) of title 38, United States Code.
       (4) State.--The term ``State'' has the meaning given that 
     term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (5) Veteran.--The term ``veteran'' has the meaning given 
     that term in section 101 of title 38, United States Code.
       (c) Sunset.--This section shall cease to have force or 
     effect on the date that is five years after the date of the 
     enactment of this Act.

     SEC. 1082. STUDIES ON USE OF MEDICAL MARIJUANA BY VETERANS.

       (a) Study on Effects of Medical Marijuana on Veterans in 
     Pain.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall conduct a study on the effects of medical marijuana on 
     veterans in pain.
       (2) Report.--Not later than 180 days after the date on 
     which the study required under paragraph (1) is completed, 
     the Secretary shall submit to Congress a report on the study, 
     which shall include such recommendations for legislative or 
     administrative action as the Secretary considers appropriate.
       (b) Study on Use by Veterans of State Medical Marijuana 
     Programs.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall conduct a 
     study on the relationship between treatment programs 
     involving medical marijuana that are approved by States, the 
     access of veterans to such programs, and a reduction in 
     opioid use and abuse among veterans.
       (2) Report.--Not later than 180 days after the date on 
     which the study required under paragraph (1) is completed, 
     the Secretary shall submit to Congress a report on the study, 
     which shall include such recommendations for legislative or 
     administrative action as the Secretary considers appropriate.
       (c) Veteran Defined.--In this section, the term ``veteran'' 
     has the meaning given that term in section 101 of title 38, 
     United States Code.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Veterans Affairs such 
     sums as may be necessary to carry out this section.
                                 ______
                                 
  SA 6418. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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. __. UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION 
                   ENFORCEMENT AUTHORITY.

       (a) In General.--Chapter 448 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 44811. Unmanned aircraft system detection and 
       mitigation enforcement

       ``(a) Prohibition.--
       ``(1) In general.--No person may operate a system or 
     technology to detect, identify, monitor, track, or mitigate 
     an unmanned aircraft or unmanned aircraft system in a manner 
     that adversely impacts or interferes with safe airport 
     operations, navigation, or air traffic services, or the safe 
     and efficient operation of the national airspace system.
       ``(2) Actions by the administrator.--The Administrator may 
     take such action as may be necessary to address the adverse 
     impacts or interference of operations that violate paragraph 
     (1).
       ``(b) Penalties.--A person who operates a system or 
     technology referred to in subsection (a)(1) in a manner that 
     adversely impacts or interferes with safe airport operations, 
     navigation, or air traffic services, or the safe and 
     efficient operation of the national airspace system, is 
     liable to the Federal Government for a civil penalty of not 
     more than $25,000 per violation.
       ``(c) Rule of Construction.--The term `person' as used in 
     this section does not include--
       ``(1) the Federal Government or any bureau, department, 
     instrumentality, or other agency of the Federal Government; 
     or
       ``(2) an officer, employee, or contractor of the Federal 
     Government or any bureau, department, instrumentality, or 
     other agency of the Federal Government if the officer, 
     employee, or contractor is authorized by the Federal 
     Government or any bureau, department, instrumentality or 
     other agency of the Federal Government to operate a system or 
     technology referred to in subsection (a)(1).''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 448 is amended by inserting at the end the following:

``44811. Unmanned aircraft system detection and mitigation 
              enforcement.''.
                                 ______
                                 
  SA 6419. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations

[[Page S5934]]

for fiscal year 2023 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to 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. ___. DETECTING, IDENTIFYING, MONITORING, AND TRACKING 
                   UNMANNED AIRCRAFT SYSTEMS AND UNMANNED AIRCRAFT 
                   THAT THREATEN CERTAIN FACILITIES AND ASSETS.

       (a) In General.--Subchapter III of chapter 201 of title 51, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 20150. Detecting, identifying, monitoring, and 
       tracking unmanned aircraft systems and unmanned aircraft 
       that threaten certain facilities and assets

       ``(a) Authority.--Notwithstanding section 46502 of title 49 
     or any provision of title 18, the Administrator may take, and 
     may authorize personnel with assigned duties that include the 
     safety, security, or protection of people, facilities, or 
     assets to take, such actions as are described in subsection 
     (b) that are necessary to detect, identify, monitor, and 
     track a credible threat (as defined by the Administrator, in 
     consultation with the Secretary of Transportation through the 
     Administrator of the Federal Aviation Administration) that an 
     unmanned aircraft system or unmanned aircraft poses to the 
     safety or security of a covered facility or asset.
       ``(b) Actions Described.--The actions authorized under 
     subsection (a) are limited to actions during the operation of 
     an unmanned aircraft system or unmanned aircraft, to detect, 
     identify, monitor, and track the unmanned aircraft system or 
     unmanned aircraft, without prior consent, including by means 
     of intercept or other access of a wire communication, an oral 
     communication, or an electronic communication used to control 
     the unmanned aircraft system or unmanned aircraft.
       ``(c) Research, Testing, Training, and Evaluation.--
       ``(1) Requirement.--
       ``(A) In general.--For any action described in subsection 
     (b), notwithstanding section 46502 of title 49 or any 
     provision of title 18, the Administrator shall conduct 
     research, testing, training on, and evaluation of any 
     equipment, including any electronic equipment, to determine 
     the capability and utility of the equipment prior to the use 
     of the equipment for any action described in subsection (b).
       ``(B) Coordination.--Personnel and contractors who do not 
     have duties that include the safety, security, or protection 
     of people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(2) Training of personnel.--The Administrator may provide 
     training on measures to detect, identify, monitor, and track 
     dangerous or illegally operated unmanned aircraft or unmanned 
     aircraft systems to any personnel who are authorized to take 
     such measures, including personnel authorized to take the 
     actions described in subsection (b).
       ``(3) Coordination for research, testing, training, and 
     evaluation.--The Administrator shall coordinate the 
     procedures of the Administration [SLC Note: To respond to 
     your comment, the term `Administration' is defined in section 
     10101 of title 51, United States Code, to mean `the National 
     Aeronautics and Space Administration'. That definition 
     applies to all of title 51, including this section, which is 
     amendatory text destined for title 51 if it is enacted. All 
     of title 51 uses the term `Administration' in this manner. 
     Please let me know if you have questions.] governing 
     research, testing, training, and evaluation to carry out any 
     provision under this section with the Administrator of the 
     Federal Aviation Administration before initiating such 
     activity in order that the Administrator of the Federal 
     Aviation Administration may ensure the activity does not 
     adversely impact or interfere with safe airport operations, 
     navigation, air traffic services, or the safe and efficient 
     operation of the national airspace system.
       ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is lawfully seized by the Administrator 
     pursuant to subsection (a) is subject to forfeiture to the 
     United States pursuant to the provisions of chapter 46 of 
     title 18, United States Code.
       ``(e) Regulations and Guidance.--The Administrator and the 
     Secretary of Transportation may--
       ``(1) prescribe regulations and shall issue guidance in the 
     respective areas of the Administrator or the Secretary of 
     Transportation to carry out this section; and
       ``(2) in developing regulations and guidance described in 
     paragraph (1), consult the Federal Communications Commission, 
     the Assistant Secretary of Commerce for Communications and 
     Information, and the Administrator of the Federal Aviation 
     Administration.
       ``(f) Coordination.--
       ``(1) In general.--The Administrator shall coordinate with 
     the Administrator of the Federal Aviation Administration 
     before carrying out any action authorized under this section 
     in order that the Administrator may ensure the action does 
     not adversely impact or interfere with--
       ``(A) safe airport operations;
       ``(B) navigation;
       ``(C) air traffic services; or
       ``(D) the safe and efficient operation of the national 
     airspace system.
       ``(2) Guidance.--Before issuing any guidance, or otherwise 
     implementing this section, the Administrator shall, 
     respectively, coordinate with--
       ``(A) the Secretary of Transportation in order that the 
     Secretary of Transportation may ensure the guidance or 
     implementation does not adversely impact critical 
     infrastructure relating to transportation; and
       ``(B) the Administrator of the Federal Aviation 
     Administration in order that the Administrator of the Federal 
     Aviation Administration may ensure the guidance or 
     implementation does not adversely impact or interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system.
       ``(3) Coordination with the faa.--The Administrator shall 
     coordinate the development of guidance under subsection (e) 
     with the Secretary of Transportation (through the 
     Administrator of the Federal Aviation Administration).
       ``(4) Coordination with the department of transportation 
     and national telecommunications and information 
     administration.--The Administrator shall coordinate the 
     development of the actions described in subsection (b) with 
     the Secretary of Transportation (through the Administrator of 
     the Federal Aviation Administration) and the Assistant 
     Secretary of Commerce for Communications and Information.
       ``(g) Privacy Protection.--The regulations or guidance 
     issued to carry out an action described in subsection (b) by 
     the Administrator shall ensure that--
       ``(1) the interception or acquisition of, access to, or 
     maintenance or use of, any communication to or from an 
     unmanned aircraft system or an unmanned aircraft under this 
     section is conducted in a manner consistent with the First 
     and Fourth Amendments to the Constitution of the United 
     States and any applicable provision of Federal law;
       ``(2) any communication to or from an unmanned aircraft 
     system or an unmanned aircraft is intercepted or acquired 
     only to the extent necessary to support an action described 
     in subsection (b);
       ``(3) any record of such a communication is maintained only 
     for as long as necessary, and in no event for more than 180 
     days, unless the Administrator determines that maintenance of 
     the record is--
       ``(A) required under Federal law;
       ``(B) necessary for the purpose of any litigation; or
       ``(C) necessary to investigate or prosecute a violation of 
     law, including by--
       ``(i) directly supporting an ongoing security operation; or
       ``(ii) protecting against dangerous or unauthorized 
     activity by unmanned aircraft systems and unmanned aircraft; 
     and
       ``(4) such a communication is not disclosed to any person 
     not employed or contracted by the Administration unless the 
     disclosure--
       ``(A) is necessary to investigate or prosecute a violation 
     of law;
       ``(B) would support--
       ``(i) the Department of Defense;
       ``(ii) a Federal law enforcement, intelligence, or security 
     agency; or
       ``(iii) another relevant entity or person if the entity or 
     person is engaged in a security or protection operation;
       ``(C) is necessary to support a department or agency listed 
     in subparagraph (B) in investigating or prosecuting a 
     violation of law;
       ``(D) would support the enforcement activities of a Federal 
     regulatory agency relating to a criminal or civil 
     investigation of, or any regulatory, statutory, or other 
     enforcement action relating to, an action described in 
     subsection (b);
       ``(E) is necessary to protect against dangerous or 
     unauthorized activity by unmanned aircraft systems or 
     unmanned aircrafts; or
       ``(F) is otherwise required by law.
       ``(h) Assistance and Support.--
       ``(1) In general.--Subject to paragraph (2), the 
     Administrator is authorized to provide support or assistance, 
     upon the request of a Federal agency or department 
     conducting--
       ``(A) a mission described in section 130i of title 10;
       ``(B) a mission described in section 210G of the Homeland 
     Security Act of 2002 (6 U.S.C. 124n); or
       ``(C) a mission described in section 4510 of the Atomic 
     Energy Defense Act (50 U.S.C. 2661).
       ``(2) Requirements.--Any support or assistance provided by 
     the Administrator shall only be granted--
       ``(A) for the purpose of fulfilling the roles and 
     responsibilities of the Federal agency or department that 
     made the request for the mission for which the request was 
     made;
       ``(B) when exigent circumstances exist;
       ``(C) for a specified duration and location;
       ``(D) within available resources;
       ``(E) on a non-reimbursable basis; and
       ``(F) in coordination with the Federal Aviation 
     Administration.
       ``(i) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning on the 
     date that is 180 days after the date of the enactment of this 
     section, the Administrator shall provide a briefing to the 
     appropriate congressional committees on the

[[Page S5935]]

     activities carried out pursuant to this section.
       ``(2) Requirement.--Each briefing required under paragraph 
     (1) shall be conducted jointly with the Secretary of 
     Transportation.
       ``(3) Content.--Each briefing required under paragraph (1) 
     shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of activities carried out pursuant to this 
     section to the national airspace system and other critical 
     national transportation infrastructure;
       ``(B) a description of--
       ``(i) each instance in which actions described in 
     subsection (b) have been taken, including any instance that 
     may have resulted in harm, damage, or loss to a person or to 
     private property;
       ``(ii) the guidance, policies, or procedures established by 
     the Administrator to address privacy, civil rights, and civil 
     liberties issues implicated by the actions permitted under 
     this section, as well as any changes or subsequent efforts by 
     the Administrator that would significantly affect privacy, 
     civil rights or civil liberties;
       ``(iii) options considered and steps taken by the 
     Administrator to mitigate any identified impacts to the 
     national airspace system related to the use of any system or 
     technology, including the minimization of the use of any 
     technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (b); and
       ``(iv) each instance in which a communication intercepted 
     or acquired during the course of operations of an unmanned 
     aircraft system or an unmanned aircraft was--

       ``(I) held in the possession of the Administration for more 
     than 180 days; or
       ``(II) shared with any entity other than the 
     Administration;

       ``(C) an explanation of how the Administrator and the 
     Secretary of Transportation have--
       ``(i) informed the public as to the possible use of 
     authorities granted under this section; and
       ``(ii) engaged with Federal, State, local, Tribal, and 
     territorial enforcement agencies to implement and use such 
     authorities;
       ``(D) an assessment of whether any gaps or insufficiencies 
     remain in laws, regulations, and policies that impede the 
     ability of the Administration to detect, identify, monitor, 
     and track the threat posed by the malicious use of unmanned 
     aircraft systems and unmanned aircrafts;
       ``(E) recommendations to remedy any such gaps or 
     insufficiencies, including recommendations relating to 
     necessary changes in law, regulations, or policies; and
       ``(F) a description of the impact of the authorities 
     granted under this section on--
       ``(i) lawful operator access to national airspace; and
       ``(ii) the integration of unmanned aircraft systems and 
     unmanned aircrafts into the national airspace system.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(j) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) to vest in the Administrator any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration; or
       ``(2) to vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Administrator.
       ``(k) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Administrator with any additional 
     authority other than the authorities described in subsections 
     (a), (c), and (d).
       ``(l) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure 
     and the Committee on Science, Space, and Technology of the 
     House of Representatives.
       ``(2) Covered facility or asset.--The term `covered 
     facility or asset' means any facility or asset that--
       ``(A) is identified as high-risk and a potential target for 
     unlawful unmanned aircraft or unmanned aircraft system 
     activity by the Administrator, in coordination with the 
     Secretary of Transportation with respect to potentially 
     impacted airspace, through a risk-based assessment for 
     purposes of this section;
       ``(B) is located within the property of the National 
     Aeronautics and Space Administration; and
       ``(C) directly relates to 1 or more missions of the 
     National Aeronautics and Space Administration pertaining to--
       ``(i) launch services;
       ``(ii) reentry services; or
       ``(iii) the protection of space support vehicles or 
     payloads.
       ``(3) Electronic communication; intercept; oral 
     communication; wire communication.--The terms `electronic 
     communication', `intercept', `oral communication', and `wire 
     communication' have the meanings given those terms in section 
     2510 of title 18.
       ``(4) Launch services; reentry services; space support 
     vehicle; payload.--The terms `launch services', `reentry 
     services', `space support vehicle', and `payload' have the 
     meanings given those terms in section 50902 of this title.
       ``(5) Personnel.--
       ``(A) In general.--The term `personnel' means an officer, 
     employee, or contractor of the Administration who is 
     authorized to perform duties that include safety, security, 
     or protection of people, facilities, or assets.
       ``(B) Use of authority.--To qualify for use of the 
     authority under subsection (a), a contractor conducting 
     operations under that subsection must--
       ``(i) be directly contracted by the Administration;
       ``(ii) operate at a government-owned or government-leased 
     facility;
       ``(iii) not conduct inherently governmental functions; and
       ``(iv) be trained and certified by the Administration to 
     meet the established guidance and regulations of the 
     Administration.
       ``(6) Risk-based assessment.--The term `risk-based 
     assessment'means an evaluation of threat information specific 
     to a covered facility or asset and, with respect to potential 
     impacts on the safety and efficiency of the national airspace 
     system and the needs of law enforcement and national security 
     at each covered facility or asset identified by the 
     Administrator of each of the following factors:
       ``(A) Potential impacts to safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems or unmanned 
     aircraft, aviation safety, airport operations, 
     infrastructure, and air navigation services related to the 
     use of any system or technology for carrying out the actions 
     described in subsection (b).
       ``(B) Options for mitigating any identified impacts to the 
     national airspace system relating to the use of any system or 
     technology, including minimizing, when possible, the use of 
     any technology which disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (b).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (b) to the national airspace system 
     and infrastructure if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of law enforcement and national 
     security.
       ``(E) The setting and character of any covered facility or 
     asset, including--
       ``(i) whether the covered facility or asset is located in a 
     populated area or near other structures;
       ``(ii) whether the covered facility or asset is open to the 
     public;
       ``(iii) whether the covered facility or asset is used for 
     nongovernmental functions; and
       ``(iv) any potential for interference with wireless 
     communications or for injury [or damage to persons or 
     property].
       ``(F) The setting, character, timeframe, and national 
     airspace system impacts of launch services and reentry 
     services.
       ``(G) Potential consequences to national security, public 
     safety, or law enforcement if threats posed by unmanned 
     aircraft systems or unmanned aircraft are not detected, 
     identified, monitored, and tracked.
       ``(7) Unmanned aircraft; unmanned aircraft system.--The 
     terms `unmanned aircraft' and `unmanned aircraft system' have 
     the meanings given those terms in section 44801 of title 
     49.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 201 of title 51, United States Code, is amended by 
     inserting after the item relating to section 20149 the 
     following:

``20150. Detecting, identifying, monitoring, and tracking unmanned 
              aircraft systems and unmanned aircraft that threaten 
              certain facilities and assets.''.
                                 ______
                                 
  SA 6420. Mr. SANDERS (for himself, Mr. Markey, 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 A of title X, add the following:

     SEC. 1003. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED 
                   FOR FISCAL YEAR 2023 BY THIS ACT.

       (a) In General.--The amount authorized to be appropriated 
     for fiscal year 2023 by this Act is--
       (1) the aggregate amount authorized to be appropriated for 
     fiscal year 2023 by this Act (other than for military 
     personnel, the Defense Health Program, pay and benefits for 
     persons appointed into the civil service as defined in 
     section 2101 of title 5, United States Code, and assistance 
     for Ukraine); minus
       (2) $45,000,000,000.
       (b) Allocation.--The reduction made by subsection (a) shall 
     apply on a pro rata basis among the accounts and funds for 
     which amounts are authorized to be appropriated

[[Page S5936]]

     by this Act (other than military personnel, the Defense 
     Health Program, pay and benefits for persons appointed into 
     the civil service as defined in section 2101 of title 5, 
     United States Code, and assistance for Ukraine), and shall be 
     applied on a pro rata basis across each program, project, and 
     activity funded by the account or fund concerned.
                                 ______
                                 
  SA 6421. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. MANDATORY TRANSFER.

       Notwithstanding any other provision of law, the Secretary 
     of the Treasury shall transfer 0.1 percent of the funds 
     authorized to be appropriated under this division for fiscal 
     year 2023 from the Department of Defense to the Department of 
     State for educational and cultural exchange program expenses.
                                 ______
                                 
  SA 6422. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. CLARIFICATION OF TIMING ISSUES RELATED TO 
                   CERTIFICATIONS REQUIRED UNDER THE ARMS EXPORT 
                   CONTROL ACT.

       Section 36 of the Arms Export Control Act (22 U.S.C. 2776) 
     is amended by adding at the end the following new subsection:
       ``(j) Rule of Construction Regarding Timing of Submission 
     and Receipt of Certifications.--A certification under this 
     section shall be construed as being submitted and received as 
     of the date that the Senate and the House of Representatives 
     have each published receipt of such certification in the 
     Congressional Record.''.
                                 ______
                                 
  SA 6423. Mr. INHOFE (for himself 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. __. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE 
                   ADVANCEMENT OF AVIATION.

       (a) Short Title.--This section may be cited as the 
     ``National Center for the Advancement of Aviation Act of 
     2022''.
       (b) In General.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 120. National Center for the Advancement of Aviation

       ``(a) Federal Charter and Status.--
       ``(1) In general.--The National Center for the Advancement 
     of Aviation (in this section referred to as the `Center') is 
     a federally chartered entity. The Center is a private 
     independent entity, not a department, agency, or 
     instrumentality of the United States Government or a 
     component thereof. Except as provided in subsection (f)(1), 
     an officer or employee of the Center is not an officer or 
     employee of the Federal Government.
       ``(2) Perpetual existence.--Except as otherwise provided, 
     the Center shall have perpetual existence.
       ``(b) Governing Body.--
       ``(1) In general.--The Board of Directors (in this section 
     referred to as the `Board') is the governing body of the 
     Center.
       ``(2) Authority of powers.--
       ``(A) In general.--The Board shall adopt a constitution, 
     bylaws, regulations, policies, and procedures to carry out 
     the purpose of the Center and may take any other action that 
     it considers necessary (in accordance with the duties and 
     powers of the Center) for the management and operation of the 
     Center. The Board is responsible for the general policies and 
     management of the Center and for the control of all funds of 
     the Center.
       ``(B) Powers of board.--The Board shall have the power to 
     do the following:
       ``(i) Adopt and alter a corporate seal.
       ``(ii) Establish and maintain offices to conduct its 
     activities.
       ``(iii) Enter into contracts or agreements as a private 
     entity not subject to the requirements of title 41.
       ``(iv) Acquire, own, lease, encumber, and transfer property 
     as necessary and appropriate to carry out the purposes of the 
     Center.
       ``(v) Publish documents and other publications in a 
     publicly accessible manner.
       ``(vi) Incur and pay obligations as a private entity not 
     subject to the requirements of title 31.
       ``(vii) Make or issue grants and include any conditions on 
     such grants in furtherance of the purpose and duties of the 
     Center.
       ``(viii) Perform any other act necessary and proper to 
     carry out the purposes of the Center as described in its 
     constitution and bylaws or duties outlined in this section.
       ``(3) Membership of the board.--
       ``(A) In general.--The Board shall have 11 Directors as 
     follows:
       ``(i) Ex-officio membership.--The following individuals, or 
     their designees, shall be considered ex-officio members of 
     the Board:

       ``(I) The Administrator of the Federal Aviation 
     Administration.
       ``(II) The Executive Director, pursuant to paragraph 
     (5)(D).

       ``(ii) Appointments.--

       ``(I) In general.--From among those members of the public 
     who are highly respected and have knowledge and experience in 
     the fields of aviation, finance, or academia--

       ``(aa) the Secretary of Transportation shall appoint 5 
     members to the Board;
       ``(bb) the Secretary of Defense shall appoint 1 member to 
     the Board;
       ``(cc) the Secretary of Veterans Affairs shall appoint 1 
     member to the Board;
       ``(dd) the Secretary of Education shall appoint 1 member to 
     the Board;
       ``(ee) the Administrator of the National Aeronautics and 
     Space Administration shall appoint 1 member to the Board.

       ``(II) Terms.--

       ``(aa) In general.--The members appointed under subclause 
     (I) shall serve for a term of 3 years and may be reappointed.
       ``(bb) Staggering terms.--To ensure subsequent appointments 
     to the Board are staggered, of the 9 members first appointed 
     under subclause (I), 3 shall be appointed for a term of 1 
     year, 3 shall be appointed for a term of 2 years, and 3 shall 
     be appointed for a term of 3 years.

       ``(III) Consideration.--In considering whom to appoint to 
     the Board, the Secretaries and Administrator referenced in 
     subclause (I) shall, to the maximum extent practicable, 
     ensure the overall composition of the Board adequately 
     represents the fields of aviation and academia.

       ``(B) Vacancies.--A vacancy on the Board shall be filled in 
     the same manner as the initial appointment.
       ``(C) Status.--All Members of the Board shall have equal 
     voting powers, regardless if they are ex-officio members or 
     appointed.
       ``(4) Chair of the board.--The Board shall choose a Chair 
     of the Board from among the members of the Board that are not 
     ex-officio members under paragraph (3)(A)(i).
       ``(5) Administrative matters.--
       ``(A) Meetings.--
       ``(i) In general.--The Board shall meet at the call of the 
     Chair but not less than 2 times each year and may, as 
     appropriate, conduct business by telephone or other 
     electronic means.
       ``(ii) Open.--

       ``(I) In general.--Except as provided in subclause (II), a 
     meeting of the Board shall be open to the public.
       ``(II) Exception.--A meeting, or any portion of a meeting, 
     may be closed if the Board, in public session, votes to close 
     the meeting because the matters to be discussed--

       ``(aa) relate solely to the internal personnel rules and 
     practices of the Center;
       ``(bb) may result in disclosure of commercial or financial 
     information obtained from a person that is privileged or 
     confidential;
       ``(cc) may disclose information of a personal nature where 
     disclosure would constitute a clearly unwarranted invasion of 
     personal privacy; or
       ``(dd) are matters that are specifically exempted from 
     disclosure by Federal or State law.
       ``(iii) Public announcement.--At least 1 week before a 
     meeting of the Board, and as soon as practicable thereafter 
     if there are any changes to the information described in 
     subclauses (I) through (III), the Board shall make a public 
     announcement of the meeting that describes--

       ``(I) the time, place, and subject matter of the meeting;
       ``(II) whether the meeting is to be open or closed to the 
     public; and
       ``(III) the name and appropriate contact information of a 
     person who can respond to requests for information about the 
     meeting.

       ``(iv) Record.--The Board shall keep a transcript of 
     minutes from each Board meeting. Such transcript shall be 
     made available to the public in an accessible format, except 
     for portions of the meeting that are closed pursuant to 
     subparagraph (A)(ii)(II).
       ``(B) Quorum.--A majority of members of the Board shall 
     constitute a quorum.
       ``(C) Restriction.--No member of the Board shall 
     participate in any proceeding, application, ruling or other 
     determination,

[[Page S5937]]

     contract claim, scholarship award, controversy, or other 
     matter in which the member, the member's employer or 
     prospective employer, or the member's spouse, partner, or 
     minor child has a direct financial interest. Any person who 
     violates this subparagraph may be fined not more than 
     $10,000, imprisoned for not more than 2 years, or both.
       ``(D) Executive director.--The Board shall appoint and fix 
     the pay of an Executive Director of the Center (in this 
     section referred to as the `Executive Director') who shall--
       ``(i) serve as a Member of the Board;
       ``(ii) serve at the pleasure of the Board, under such terms 
     and conditions as the Board shall establish;
       ``(iii) is subject to removal by the Board at the 
     discretion of the Board; and
       ``(iv) be responsible for the daily management and 
     operation of the Center and for carrying out the purposes and 
     duties of the Center.
       ``(E) Appointment of personnel.--The Board shall designate 
     to the Executive Director the authority to appoint additional 
     personnel as the Board considers appropriate and necessary to 
     carry out the purposes and duties of the Center.
       ``(F) Public information.--Nothing in this section may be 
     construed to withhold disclosure of information or records 
     that are subject to disclosure under section 552 of title 5.
       ``(c) Purpose of the Center.--The purpose of the Center is 
     to--
       ``(1) develop a skilled and robust U.S. aviation and 
     aerospace workforce;
       ``(2) provide a forum to support collaboration and 
     cooperation between governmental, non-governmental, and 
     private aviation and aerospace sector stakeholders regarding 
     the advancement of the U.S. aviation and aerospace workforce, 
     including general, business, and commercial aviation, 
     education, labor, manufacturing and international 
     organizations; and
       ``(3) serve as a repository for research conducted by 
     institutions of higher education, research institutions, or 
     other stakeholders regarding the aviation and aerospace 
     workforce, or related technical and skill development.
       ``(d) Duties of the Center.--In order to accomplish the 
     purpose described in subsection (c), the Center shall perform 
     the following duties:
       ``(1) Improve access to aviation and aerospace education 
     and related skills training to help grow the U.S. aviation 
     and aerospace workforce, including--
       ``(A) assessing the current U.S. aviation and aerospace 
     workforce challenges and identifying actions to address these 
     challenges, including by developing a comprehensive workforce 
     strategy;
       ``(B) establishing scholarship, apprenticeship, internship 
     or mentorship programs for individuals who wish to pursue a 
     career in an aviation- or aerospace-related field, including 
     individuals in economically disadvantaged areas or 
     individuals who are members of underrepresented groups in the 
     aviation and aerospace sector;
       ``(C) supporting the development of aviation and aerospace 
     education curricula, including syllabi, training materials, 
     and lesson plans, for use by middle schools and high schools, 
     institutions of higher education, secondary education 
     institutions, or technical training and vocational schools; 
     and
       ``(D) building awareness of youth-oriented aviation and 
     aerospace programs and other outreach programs.
       ``(2) Support the personnel or veterans of the Armed Forces 
     seeking to transition to a career in civil aviation or 
     aerospace through outreach, training, apprenticeships, or 
     other means.
       ``(3) Amplify and support the research and development 
     efforts conducted as part of the National Aviation Research 
     Plan, as required under section 44501(c), and work done at 
     the Centers of Excellence and Technical Centers of the 
     Federal Aviation Administration regarding the aviation and 
     aerospace workforce, or related technical and skills 
     development, including organizing and hosting symposiums, 
     conferences, and other forums as appropriate, between the 
     Federal Aviation Administration, aviation and aerospace 
     stakeholders, and other interested parties, to discuss 
     current and future research efforts and technical work.
       ``(e) Grants.--
       ``(1) In general.--In order to accomplish the purpose under 
     subsection (c) and duties under subsection (d), the Center 
     may issue grants to eligible entities to--
       ``(A) create, develop, deliver, or update--
       ``(i) middle and high school aviation curricula, including 
     syllabi, training materials, equipment and lesson plans, that 
     are designed to prepare individuals to become aircraft 
     pilots, aerospace engineers, unmanned aircraft system 
     operators, aviation maintenance technicians, or other 
     aviation maintenance professionals, or to support the 
     continuing education of any of the aforementioned 
     individuals; or
       ``(ii) aviation curricula, including syllabi, training 
     materials, equipment and lesson plans, used at institutions 
     of higher education, secondary education institutions, or by 
     technical training and vocational schools, that are designed 
     to prepare individuals to become aircraft pilots, aerospace 
     engineers, unmanned aircraft system operators, aviation 
     maintenance technicians, or other aviation maintenance 
     professionals, or to refresh the knowledge of any of the 
     aforementioned individuals; or
       ``(B) support the professional development of educators 
     using the curriculum in subparagraph (A);
       ``(C) establish new education programs that teach technical 
     skills used in aviation maintenance, including purchasing 
     equipment, or to improve existing programs;
       ``(D) establish scholarships, internships or 
     apprenticeships for individuals pursuing employment in the 
     aviation maintenance industry;
       ``(E) support outreach about educational opportunities and 
     careers in the aviation maintenance industry, including in 
     economically disadvantaged areas; or
       ``(F) support the transition to careers in aviation 
     maintenance, including for members of the Armed Forces.
       ``(2) Eligible entities.--An eligible entity under this 
     subsection includes--
       ``(A) an air carrier, as defined in section 40102, an air 
     carrier engaged in intrastate or intra-U.S. territorial 
     operations, an air carrier engaged in commercial operations 
     covered by part 135 or part 91 of title 14, Code of Federal 
     Regulations, operations, or a labor organization representing 
     aircraft pilots;
       ``(B) an accredited institution of higher education or a 
     high school or secondary school (as defined in section 8101 
     of the Higher Education Act of 1965 (20 U.S.C. 7801));
       ``(C) a flight school that provides flight training, as 
     defined in part 61 of title 14, Code of Federal Regulations, 
     or that holds a pilot school certificate under part 141 of 
     title 14, Code of Federal Regulations;
       ``(D) a State or local governmental entity; or
       ``(E) an organization representing aircraft users, aircraft 
     owners, or aircraft pilots;
       ``(F) a holder of a certificate issued under part 21, 121, 
     135, or 145 of title 14, Code of Federal Regulations or a 
     labor organization representing aviation maintenance workers; 
     or
       ``(G) other organizations at the discretion of the Board.
       ``(3) Limitation.--No organization that receives a grant 
     under this section may sell or make a profit from the 
     creation, development, delivery, or updating of high school 
     aviation curricula.
       ``(f) Administrative Matters of the Center.--
       ``(1) Detailees.--
       ``(A) In general.--At the request of the Center, the head 
     of any Federal agency or department may, at the discretion of 
     such agency or department, detail to the Center, on a 
     reimbursable basis, any employee of the agency or department.
       ``(B) Civil servant status.--The detail of an employee 
     under subparagraph (A) shall be without interruption or loss 
     of civil service status or privilege.
       ``(2) Names and symbols.--The Center may accept, retain, 
     and use proceeds derived from the Center's use of the 
     exclusive right to use its name and seal, emblems, and badges 
     incorporating such name as lawfully adopted by the Board in 
     furtherance of the purpose and duties of the Center.
       ``(3) Gifts, grants, bequests, and devises.--The Center may 
     accept, retain, use, and dispose of gifts, grants, bequests, 
     or devises of money, services, or property from any public or 
     private source for the purpose of covering the costs incurred 
     by the Center in furtherance of the purpose and duties of the 
     Center.
       ``(4) Voluntary services.--The Center may accept from any 
     person voluntary services to be provided in furtherance of 
     the purpose and duties of the Center.
       ``(g) Restrictions of the Center.--
       ``(1) Profit.--The Center may not engage in business 
     activity for profit.
       ``(2) Stocks and dividends.--The Center may not issue any 
     shares of stock or declare or pay any dividends.
       ``(3) Political activities.--The Center shall be 
     nonpolitical and may not provide financial aid or assistance 
     to, or otherwise contribute to or promote the candidacy of, 
     any individual seeking elective public office or political 
     party. The Center may not engage in activities that are, 
     directly, or indirectly, intended to be or likely to be 
     perceived as advocating or influencing the legislative 
     process.
       ``(4) Distribution of income or assets.--The assets of the 
     Center may not inure to the benefit of any member of the 
     Board, or any officer or employee of the Center or be 
     distributed to any person. This subsection does not prevent 
     the payment of reasonable compensation to any officer, 
     employee, or other person or reimbursement for actual and 
     necessary expenses in amounts approved by the Board.
       ``(5) Loans.--The Center may not make a loan to any member 
     of the Board or any officer or employee of the Center.
       ``(6) No claim of governmental approval or authority.--The 
     Center may not claim approval of Congress or of the authority 
     of the United States for any of its activities.
       ``(h) Advisory Committee.--
       ``(1) In general.--The Executive Director shall appoint 
     members to an advisory committee subject to approval by the 
     Board. Members of the Board may not sit on the advisory 
     committee.
       ``(2) Membership.--The advisory committee shall consist of 
     15 members who represent various aviation industry and labor 
     stakeholders, stakeholder associations, and others as 
     determined appropriate by the Board. The advisory committee 
     shall select a Chair and Vice Chair from among its members by 
     majority vote. Members of the advisory committee shall be 
     appointed for a term of 5 years.

[[Page S5938]]

       ``(3) Duties.--The advisory committee shall--
       ``(A) provide recommendations to the Board on an annual 
     basis regarding the priorities for the activities of the 
     Center;
       ``(B) consult with the Board on an ongoing basis regarding 
     the appropriate powers of the Board to accomplish the 
     purposes and duties of the Center;
       ``(C) provide relevant data and information to the Center 
     in order to carry out the duties set forth in subsection (d); 
     and
       ``(D) nominate United States citizens for consideration by 
     the Board to be honored annually by the Center for such 
     citizens' efforts in promoting U.S. aviation or aviation 
     education and enhancing the aviation workforce in the United 
     States.
       ``(4) Meetings.--The provisions for meetings of the Board 
     under subsection (b)(5) shall apply as similarly as is 
     practicable to meetings of the advisory committee.
       ``(i) Working Groups.--
       ``(1) In general.--The Board may establish and appoint the 
     membership of the working groups as determined necessary and 
     appropriate to achieve the purpose of the Center under 
     subsection (c).
       ``(2) Membership.--Any working group established by the 
     Board shall have members representing various aviation 
     industry and labor stakeholders, stakeholder associations, 
     and others, as determined appropriate by the Board. Once 
     established, the membership of such working group shall 
     choose a Chair from among the members of the working group by 
     majority vote.
       ``(3) Termination.--Unless determined otherwise by the 
     Board, any working group established by the Board under this 
     subsection shall be constituted for a time period of not more 
     than 3 years.
       ``(j) Records of Accounts.--The Center shall keep correct 
     and complete records of accounts.
       ``(k) Duty to Maintain Tax-exempt Status.--The Center shall 
     be operated in a manner and for purposes that qualify the 
     Center for exemption from taxation under the Internal Revenue 
     Code as an organization described in section 501(c)(3) of 
     such Code.
       ``(l) Annual Report.--The Board shall submit an annual 
     report to the appropriate committees of Congress that, at 
     minimum,--
       ``(1) includes a review and examination of--
       ``(A) the activities performed as set forth in subsections 
     (d) and (e) during the prior fiscal year;
       ``(B) the advisory committee as described under subsection 
     (h); and
       ``(C) the working groups as described under subsection (i); 
     and
       ``(2) provides recommendations to improve the role, 
     responsibilities, and functions of the Center to achieve the 
     purpose set forth in subsection (c).
       ``(m) Audit by the Department of Transportation Inspector 
     General.--
       ``(1) In general.--Not later than 2 years after the date on 
     which the Center is established under subsection (a), the 
     inspector general of the Department of Transportation shall 
     conduct a review of the Center.
       ``(2) Contents.--The review shall--
       ``(A) include, at a minimum--
       ``(i) an evaluation of the efforts taken at the Center to 
     achieve the purpose set forth in subsection (c); and
       ``(ii) the recommendations provided by the Board in 
     subsection (l)(2); and
       ``(B) provide any other information that the inspector 
     general determines is appropriate.
       ``(3) Report on audit.--
       ``(A) Report to secretary.--Not later than 30 days after 
     the date of completion of the audit, the inspector general 
     shall submit to the Secretary a report on the results of the 
     audit.
       ``(B) Report to congress.--Not later than 60 days after the 
     date of receipt of the report under subparagraph (A), the 
     Secretary shall submit to the appropriate committees of 
     Congress a copy of the report, together with, if appropriate, 
     a description of any actions taken or to be taken to address 
     the results of the audit.
       ``(n) Funding.--
       ``(1) In general.--In order to carry out this section, 
     notwithstanding any other provision of law, an amount equal 
     to 3 percent of the interest from investment credited to the 
     Airport and Airway Trust Fund shall be transferred annually 
     from the Airport and Airway Trust Fund as a direct lump sum 
     payment on the first day of October to the Center to carry 
     out this section and shall be available until expended 
     without further act of appropriation.
       ``(2) Calculation.--In carrying out paragraph (1), the 
     Secretary of the Treasury shall calculate the transfer of 
     funding based on the estimates of revenues into the Airport 
     and Airway Trust Fund from the previous fiscal year.
       ``(o) Exception.--The Secretary of Transportation may 
     temporarily waive expenditures or obligations under 
     subsection (n) in the case of--
       ``(1) an appropriation measure for a fiscal year is not 
     enacted before the beginning of such fiscal year or a joint 
     resolution making continuing appropriations is not in effect; 
     or
       ``(2) a national emergency or other significant event that 
     results in a significant loss in total funding to the Airport 
     and Airway Trust Fund, as determined by the Secretary.
       ``(p) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(3) STEM.--The term `STEM' means science, technology, 
     engineering, and mathematics.''.
       (c) Clerical Amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 119 the following:

``120. National Center for the Advancement of Aviation.''.
       (d) Expenditure Authority From the Airport and Airways 
     Trust Fund.--Section 9502(d)(1)(A) of the Internal Revenue 
     Code of 1986 is amended by striking the semicolon at the end 
     and inserting ``or the National Center for the Advancement of 
     Aviation Act of 2022;''.
       (e) Prevention of Duplicative Programs.--The Board of 
     Directors of the National Center for the Advancement of 
     Aviation established under section 120 of title 49, United 
     States Code (as added by subsection (b) of this section), 
     shall coordinate with the Administrator of the Federal 
     Aviation Administration to prevent any programs of the Center 
     from duplicating programs established under section 625 of 
     the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
                                 ______
                                 
  SA 6424. Mr. MENENDEZ (for himself, Mr. Kennedy, Mr. Booker, Mr. 
Blumenthal, Mr. Coons, Mr. Brown, Mr. Durbin, Mrs. Feinstein, Ms. 
Hassan, Mr. Casey, 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, 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.

[[Page S5939]]

  


     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;
       (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--

[[Page S5940]]

       (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--
       (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.

[[Page S5941]]

       (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 6425. 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.
       ``(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).

[[Page S5942]]

       ``(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 6426. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. AUTHORITY OF ARMY COUNTERINTELLIGENCE AGENTS TO 
                   EXECUTE WARRANTS AND MAKE ARRESTS.

       (a) Authority to Execute Warrants and Make Arrests.--
     Section 7377 of title 10, United States Code, is amended--
       (1) in the section heading, by inserting ``and the Army 
     Counterintelligence Command'' before the colon; and
       (2) in subsection (b)--
       (A) by striking ``any employee of the Department of the 
     Army who is'' and inserting the following: ``any employee of 
     the Department of the Army--
       ``(1) who is'';
       (B) in paragraph (1) (as so designated) by striking the 
     period at the end and inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(2) who is a special agent of the Army 
     Counterintelligence Command (or a successor to that command) 
     whose duties include conducting, supervising, or coordinating 
     counterintelligence investigations involving potential or 
     alleged violations punishable under chapter 37, 113B, or 115 
     of title 18 and similar offenses punishable under this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 747 of such title is amended by striking 
     the item relating to section 7377 and inserting the following 
     new item:

``7377. Civilian special agents of the Criminal Investigation Command 
              and the Army Counterintelligence Command: authority to 
              execute warrants and make arrests.''.
                                 ______
                                 
  SA 6427. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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 __--AMERICAN OFFSHORE WORKER FAIRNESS

     SEC. _1. SHORT TITLE.

       This title may be cited as the ``American Offshore Worker 
     Fairness Act''.

     SEC. _2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER 
                   CONTINENTAL SHELF VESSELS, VEHICLES, AND 
                   STRUCTURES.

       (a) Authorization of Limited Exemptions From Manning and 
     Crew Requirement.--Section 30(c) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1356(c)) is amended--
       (1) in paragraph (1)(C), by striking ``; and'' and 
     inserting a period;
       (2) beginning in the matter preceding paragraph (1), by 
     striking ``(c) The regulations issued under subsection (a)(3) 
     of this section'' and all that follows through ``to any 
     vessel'' in paragraph (1) and inserting the following:
       ``(c) Exemptions.--
       ``(1) In general.--The regulations issued under subsection 
     (a)(3) shall not apply to any vessel''; and
       (3) in paragraph (2)--
       (A) by striking ``(2) to any vessel'' and inserting the 
     following:
       ``(2) Exemption for certain foreign-owned vessels, rigs, 
     platforms, and other vehicles or structures.--
       ``(A) In general.--Subject to the requirements of this 
     paragraph, the regulations issued under subsection (a)(3) 
     shall not apply to any vessel'';
       (B) in subparagraph (A) (as so designated), by striking 
     ``the exploration, development, or production of oil and 
     gas'' and inserting ``exploring for, developing, or producing 
     resources, including nonmineral energy resources,''; and
       (C) by adding at the end the following:
       ``(B) Condition.--An exemption under subparagraph (A) shall 
     be subject to the condition that each individual who is 
     manning or crewing the vessel, rig, platform, or other 
     vehicle or structure is--
       ``(i) a citizen of the United States;
       ``(ii) an alien lawfully admitted to the United States for 
     permanent residence; or
       ``(iii) a citizen of the nation under the laws of which the 
     vessel, rig, platform, or other vehicle or structure is 
     documented.
       ``(C) Requirements.--An exemption under subparagraph (A)--
       ``(i) shall provide that the number of individuals manning 
     or crewing the vessel, rig, platform, or other vehicle or 
     structure who are individuals described in clause (ii) or 
     (iii) of subparagraph (B) may not exceed 2.5 times the number 
     of individuals required to man or crew the vessel, rig, 
     platform, or other vehicle or structure under the laws of the 
     nation in which the vessel, rig, platform, or other vehicle 
     or structure is documented; and
       ``(ii) subject to subparagraph (D), shall be effective for 
     not more than 1 year.
       ``(D) Application.--
       ``(i) In general.--The owner or operator of a vessel, rig, 
     platform, or other vehicle or structure described in 
     subparagraph (A) may submit to the Secretary of the 
     department in which the Coast Guard is operating an 
     application for an exemption or a renewal of an exemption 
     under that subparagraph.
       ``(ii) Contents.--An application under clause (i) shall 
     include a sworn statement by the applicant of all information 
     required by the Secretary of the department in which the 
     Coast Guard is operating for the issuance of the exemption.
       ``(E) Revocations.--
       ``(i) In general.--The Secretary of the department in which 
     the Coast Guard is operating may revoke an exemption for a 
     vessel, rig, platform, or other vehicle or structure under 
     subparagraph (A) if the Secretary of the department in which 
     the Coast Guard is operating determines that information 
     provided in the application for the exemption--

       ``(I) was false or incomplete; or
       ``(II) is no longer true or complete.

       ``(ii) Manning or crewing violation.--The Secretary of the 
     department in which the Coast Guard is operating shall 
     immediately revoke an exemption for a vessel, rig, platform, 
     or other vehicle or structure under subparagraph (A) if the 
     Secretary of the department in which the Coast Guard is 
     operating determines that, during the effective period of the 
     exemption, the vessel, rig, platform, or other vehicle or 
     structure was manned or crewed in a manner that--

       ``(I) was not authorized by the exemption; or
       ``(II) does not otherwise comply with this paragraph.

       ``(iii) Notice.--The Secretary of the department in which 
     the Coast Guard is operating shall provide notice of a 
     determination and revocation under clause (i) or (ii) to the 
     owner, operator, agent, or master of the vessel, rig, 
     platform, or other vehicle or structure.
       ``(F) Review of compliance.--
       ``(i) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall periodically, but not less 
     frequently than annually, inspect each vessel, rig, platform, 
     or other vehicle or structure for which an exemption under 
     subparagraph (A) has been granted to verify the compliance of 
     the vessel, rig, platform, or other vehicle or structure with 
     this paragraph.
       ``(ii) Requirement.--During each inspection of a vessel, 
     rig, platform, or other vehicle or structure under clause 
     (i), the Secretary of the department in which the Coast Guard 
     is operating shall require all individuals who are manning or 
     crewing the vessel, rig, platform, or other vehicle or 
     structure to hold a valid Transportation Worker 
     Identification Credential.
       ``(G) Civil penalties.--The Secretary of the department in 
     which the Coast Guard is operating may impose on the owner or 
     operator of a vessel, rig, platform, or other vehicle or 
     structure for which an exemption under subparagraph (A) has 
     been granted a civil penalty of $10,000 per day for each day 
     the vessel, rig, platform, or other vehicle or structure--
       ``(i) is manned or crewed in violation of this paragraph; 
     or
       ``(ii) operates under the exemption, if the Secretary of 
     the department in which the Coast Guard is operating 
     determines that--

       ``(I) the exemption was not validly obtained; or

[[Page S5943]]

       ``(II) information provided in the application for the 
     exemption was false or incomplete.

       ``(H) Notification of secretary of state.--The Secretary of 
     the department in which the Coast Guard is operating shall 
     notify the Secretary of State of each exemption issued under 
     this subsection, including information on the effective 
     period of the exemption.''.
       (b) Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall promulgate 
     regulations that specify the application requirements and 
     process and other requirements for an exemption under 
     subsection (c)(2)(A) of section 30 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1356).
       (2) Application of letters of determination process.--
     Regulations that specify that the regular complement of the 
     crew regulations and process for making such determinations 
     under subsections (b) and (c) of section 141.15 of title 33, 
     Code of Federal Regulations, respectively is available to 
     vessels with an exemption under this section. In promulgating 
     these regulations, the Secretary shall update the list of the 
     positions that are not part of the regular compliment of the 
     crew, in consultation with the Maritime Administration. 
     Further, the Secretary shall promulgate regulations 
     specifying that any Letter of Determination request that are 
     not approved within 20 business days are deemed approved.
       (3) Letter of exemption process.--Regulations specifying 
     that the letter of exemption process provided under section 
     141.20(a)(2) of title 33, Code of Federal Regulations, is 
     available to foreign flagged vessels. Further, the Secretary 
     shall promulgate regulations specifying that any Letter of 
     Exemption request that are not approved within 30 business 
     days are deemed approved.
       (c) Existing Exemptions.--
       (1) In general.--During the two-year period beginning on 
     the date of enactment of this Act, each exemption granted 
     under section 30(c)(2) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1356(c)(2)) (as in effect on the day before 
     the date of enactment of this Act) before the date of 
     enactment of this Act--
       (A) shall remain in effect; and
       (B) shall not be affected by the amendments made by 
     subsection (a).
       (2) Termination.--On the day after the last day of the 
     period described in paragraph (1), each exemption described 
     in that paragraph shall terminate.
       (3) Notification.--Not later than one year after the date 
     of enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall notify all persons 
     that hold an exemption described in paragraph (1) that the 
     exemption will terminate in accordance with paragraph (2).
       (4) Different terminations.--The following types of vessels 
     shall have exemptions terminations that are different than 
     what is specified under paragraph (1):
       (A) Wind Turbine Installation Vessels meeting the 
     requirements of section 30(c)(2) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1356(c)(2)) may employ individuals 
     from any nation for a period of 4 years after the date of 
     enactment of this Act. However, nothing in this subparagraph 
     shall be construed as allowing such vessels to operate 
     without an exemption.
       (B) Mobile offshore drilling units and drill ships meeting 
     the requirements of section 30(c)(2) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1356(c)(2)) may employ individuals 
     from any nation as part of their manning and crewing 
     complement during this period. However, nothing in this 
     subparagraph shall be construed as allowing such vessels to 
     operate without an exemption.
       (C) Installation vessels meeting the requirements of 
     section 30(c)(2) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356(c)(2)) may employ individuals from any nation as 
     part of their manning and crewing complement during this 
     period. However, nothing in this subparagraph shall be 
     construed as allowing such vessels to operate without an 
     exemption.
       (D) Training vessels meeting the requirements of section 
     30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1356(c)(2)) may employ individuals from any nation as part of 
     their manning and crewing complement for a period of three 
     years after the date of enactment of this Act if such vessels 
     are currently training a sufficient number of U.S. citizens 
     to man or crew the vessel.
       (d) Interim Exemptions.--After the date of enactment of 
     this Act, but prior to the last day of the period described 
     in subsection (c)(1), vessels, meeting the requirements of 
     section 30(c)(2) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356(c)(2)), shall complete an application provided by 
     the Secretary for an exemption that expires on the day after 
     the last day of the period described in subsection (c)(1).
       (e) Annual Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of the department in which the Coast Guard is operating shall 
     submit to Congress a report that describes the number of 
     exemptions granted under subsection (c)(2)(A) of section 30 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) 
     during the preceding year.
       (2) Requirements.--Each report under paragraph (1) shall 
     list for each vessel, rig, platform, or other vehicle or 
     structure granted an exemption during the preceding year--
       (A) the name and International Maritime Organization number 
     of the vessel, rig, platform, or other vehicle or structure;
       (B) the flag of the vessel, rig, platform, or other vehicle 
     or structure;
       (C) the nationality of the 1 or more owners of the vessel, 
     rig, platform, or other vehicle or structure; and
       (D) any changes to the information described in 
     subparagraphs (A) through (C) applicable to the vessel, rig, 
     platform, or other vehicle or structure if the vessel, rig, 
     platform, or other vehicle or structure has received a prior 
     exemption under subsection (c)(2)(A) of section 30 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1356) or section 
     30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1356(c)(2)) (as in effect on the day before the date of 
     enactment of this Act).

     SEC. _3. CUSTOMS AND BORDER PROTECTION TRANSPARENCY 
                   PROMOTION.

       Chapter 551 of title 46, United States Code, is amended by 
     inserting after section 55101 the following:

     ``SEC. 55101A. PETITIONS BY DOMESTIC INTERESTED PARTIES.

       ``(a) Definitions.--
       ``(1) Interested party.--As used in this section, the term 
     `interested party' means a party where--
       ``(A) the owner or operator of a vessel engaged in 
     coastwise trade;
       ``(B) a manufacturer of coastwise qualified vessels;
       ``(C) a certified labor organization, recognized labor 
     organization, or group of workers or mariners which is 
     representative of an industry engaged or employed in--
       ``(i) the coastwise trade; or
       ``(ii) coastwise qualified vessel construction;
       ``(D) a trade or business association a majority of whose 
     members are--
       ``(i) owners or operators of vessels engaged in coastwise 
     trade; or
       ``(ii) manufacturers of coastwise qualified vessels; oe
       ``(E) an association, a majority of whose members are 
     composed of persons described in subparagraphs (A) through 
     (D).
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Department in which the Coast Guard is operating.
       ``(b) Interpretive Rulings.--The Secretary shall, upon 
     written request by an interested party, furnish, within 60 
     days, an interpretive ruling regarding a non-coastwise 
     qualified vessel's activities and compliance with United 
     States laws in United States internal waters, the territorial 
     sea, and the waters of the outer Continental Shelf, including 
     the vessel's compliance with section 55101 to 55121, and 
     section 50503 of this title. If the interested party believes 
     that the conclusion of such interpretive ruling, or any other 
     interpretive ruling regarding the interpretation, 
     application, or enforcement of the coastwise laws, is 
     incorrect, it may file a petition with the Secretary setting 
     forth--
       ``(1) its understanding of the factual scenario;
       ``(2) the outcome of the decision that it believes to be 
     proper in the provided factual scenario; and
       ``(3) the reasons for its belief.
       ``(c) Determination on Petition.--If, after receipt and 
     consideration of a petition filed by such an interested 
     party, the Secretary determines that the conclusion reached 
     in the contested letter is not correct, the Secretary shall 
     determine the proper outcome and notify the interested party 
     of the Secretary's determination within 60 days.
       ``(d) Contest by Petitioner.--If the Secretary determines 
     that the contested interpretive ruling filed pursuant to 
     subsection (b) is correct, the Secretary shall notify the 
     interested party within 30 days. The interested party may 
     file an appeal, not later than 30 days after the date of the 
     notification to contest the ruling. Upon receipt of an appeal 
     from the interested party, the Secretary shall make a 
     determination of the interpretive ruling as presented in the 
     ruling letter within seven days.
       ``(e) Review of Interpretive Ruling.--Within 90 days after 
     the petitioner files the notice in subparagraph (d) of a 
     desire to contest a ruling, any interested party may commence 
     an action in any United States District Court, subject to the 
     venue requirements of section 1391 of title 28, United States 
     Code, by filing concurrently a summons and complaint, each 
     with the content and in the form, manner, and style 
     prescribed by the rules of such court, contesting any legal 
     conclusions of the Secretary.
       ``(f) Regulations Implementing Required Procedures.--
     Regulations shall be prescribed by the Secretary to implement 
     the procedures required under this section no later than 90 
     days after the date of enactment of this section.''.

     SEC. _4. RULES OF CONSTRUCTION.

       (a) Outer Continental Shelf Lands Act.--Nothing in this 
     title or the amendments made by this title may be construed 
     to nullify or supersede any other provision of law relating 
     to the outer Continental Shelf (as such term is defined in 
     section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1331)).
       (b) Ruling Letters.--Nothing in this title or the 
     amendments made by this title may be construed as 
     congressional validation of a ruling letter, interpretative 
     guidance, doctrine or other action issued by the Secretary of 
     Homeland Security.

[[Page S5944]]

  


     SEC. _5. NOTIFICATION.

       (a) Advance Notification Required.--Prior to engaging in 
     any activity or operations on the outer Continental Shelf, 
     the operator of a foreign-flag vessel used in such activity 
     or operations shall file with the Secretary a notification 
     describing all activities and operations to be performed on 
     the outer Continental Shelf and an identification of 
     applicable ruling letters issued by the Secretary that have 
     approved the use of a foreign-flag vessel in a substantially 
     similar activity or operation.
       (b) Publication of Notices.--
       (1) Publication.--The Secretary shall publish a 
     notification under subsection (a) in the Customs Bulletin and 
     Decisions within 14 days of receipt of such notification.
       (2) Confidential information.--The Secretary shall redact 
     any information exempt from disqclosure under section 552 of 
     title 5, United States Code, in a notification published 
     under paragraph (1).

     SEC. _6. PUBLICATION OF FINES AND PENALTIES.

       Section 55102 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(d) Publication of Penalty.--Upon the seizure by the 
     Federal Government of any merchandise, the issuance of a pre-
     penalty notice, or the issuance of a final penalty (including 
     a settlement) under subsection (c), the Secretary shall 
     publish a notification in the Customs Bulletin and Decisions 
     within seven days of effectuating such seizure of 
     merchandise, or issuing any such penalty notice to the 
     affected party. The notification shall include, at a minimum, 
     the following:
       ``(1) The name of the vessel involved in the penalty.
       ``(2) The name of the owner of the vessel involved in the 
     penalty.
       ``(3) The amount of the fine or value of merchandise seized 
     as a result of the violation.
       ``(4) A summary of the alleged misconduct and justification 
     for imposing a penalty.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to implement subsection (d) within 90 days after 
     the date of enactment of such subsection, particularly 
     regarding information to be contained in the notification, or 
     amend any other regulations relating to penalties issued by 
     Customs & Border Protection in order to implement this 
     section.''.

     SEC. _7. PROHIBITION ON JONES ACT PENALTY MITIGATION.

       Section 55102(c) of title 46, United States Code, is 
     amended by inserting ``The Secretary may not mitigate or 
     lower any such penalty amount.'' after ``transported.''.
                                 ______
                                 
  SA 6428. 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 F of title XII, add the following:

     SEC. 1276. REPORT ON MALIGN ACTIVITY INVOLVING CHINESE STATE-
                   OWNED ENTERPRISES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report that--
       (1) assesses whether and to what extent state-owned 
     enterprises in the People's Republic of China are engaged in 
     or knowingly facilitating--
       (A) the commission of serious human rights abuses, 
     including toward religious or ethnic minorities in the 
     People's Republic of China, including in the Xinjiang Uyghur 
     Autonomous Region;
       (B) the use of forced or child labor, including forced or 
     child labor involving ethnic minorities in the People's 
     Republic of China;
       (C) any actions that erode or undermine the autonomy of 
     Hong Kong from the People's Republic of China, as established 
     in the Basic Law of Hong Kong and the Joint Declaration, and 
     as further described in the Hong Kong Autonomy Act (Public 
     Law 116-149; 22 U.S.C. 5701 note); or
       (D) the military-civil fusion strategy of the Government of 
     the People's Republic of China;
       (2) assesses, to the extent practicable, whether and to 
     what extent enterprises in the People's Republic of China 
     that are not state-owned enterprises are engaged in or 
     knowingly facilitating any of the activities described in 
     paragraph (1);
       (3) identifies--
       (A) any state-owned enterprises in the People's Republic of 
     China that are engaged in or knowingly facilitating any 
     activities described in paragraph (1);
       (B) any Communist Chinese military companies identified 
     under section 1237(b) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     50 U.S.C. 1701 note);
       (C) any majority-owned subsidiaries of such enterprises or 
     companies with a market capitalization of $5,000,000,000 or 
     more; and
       (D) any enterprises in the People's Republic of China 
     that--
       (i) are not state-owned enterprises;
       (ii) are engaged in or knowingly facilitating any 
     activities described in paragraph (1); and
       (iii) have received financial assistance from the United 
     States Government during the 5-year period preceding 
     submission of the report;
       (4)(A) assesses whether each enterprise, company, or 
     subsidiary identified under paragraph (2) received, during 
     the 5-year period preceding submission of the report, any 
     loan that is made, guaranteed, or insured by, or financial 
     assistance from, an agency of the United States Government; 
     and
       (B) in the case of any such enterprise, company, or 
     subsidiary that received a loan or financial assistance 
     described in subparagraph (A), identifies the amount of such 
     loan, loans, or financial assistance received by the 
     enterprise, company, or subsidiary; and
       (5) includes recommendations for any legislative or 
     administrative action to address matters identified in the 
     report, including any recommendations with respect to 
     additional limitations on United States financial assistance 
     provided to enterprises, companies, and subsidiaries 
     identified under paragraph (2).
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) Joint declaration.--The term ``Joint Declaration'' 
     means the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing December 19, 1984.
                                 ______
                                 
  SA 6429. 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. MECHANISMS TO AVOID UNITED STATES' CONTRIBUTIONS 
                   TO TERRORISM, HUMAN RIGHTS ABUSES, OR DRUG 
                   TRAFFICKING.

       (a) Strategy.--Not later than 120 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.
       (d) Semi-annual Implementation Reports.--Not later than 180 
     days after the submission of the strategy required under 
     subsection (a), and every 180 days thereafter, the Secretary 
     of State, in coordination with the Administrator of the 
     United States Agency for International Development, shall 
     submit a report to the appropriate congressional committees 
     that describes the efforts undertaken to implement the 
     strategy required under subsection (a).
                                 ______
                                 
  SA 6430. Ms. MURKOWSKI (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr.

[[Page S5945]]

Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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 EXECUTIVE STEERING COMMITTEE.

       (a) Establishment.--There is established with in the 
     Executive Office of the White House, the Arctic Executive 
     Steering Committee (referred to in this section as the 
     ``Committee'').
       (b) Purpose.--The purpose of the Committee shall be--
       (1) to provide guidance to, and enhance the coordination 
     of, Federal Arctic policies across Federal departments and 
     agencies; and
       (2) to coordinate the development and implementation of 
     such policies with--
       (A) State, local, and Alaska Native tribal governments;
       (B) Alaska Native organizations;
       (C) Alaska Native Corporations;
       (D) academic and research institutions;
       (E) private organizations; and
       (F) nonprofit organizations.
       (c) Membership.--The Committee shall be composed of--
       (1) the Director of the Office of Science and Technology 
     Policy, who shall serve as the Chair of the Committee;
       (2) the Assistant to the President for National Security 
     Affairs, who shall serve a the Vice Chair of the Committee;
       (3) the Chair of the Council on Environmental Quality;
       (4) the Director of the National Economic Council;
       (5) the Director of the Domestic Policy Council;
       (6) the Assistant to the President for Public Engagement 
     and Intergovernmental Affairs; and
       (7) a deputy secretary (or a position of equivalent 
     authority) of each of the following entities:
       (A) The Department of State.
       (B) The Department of Defense.
       (C) The Department of Justice.
       (D) The Department of the Interior.
       (E) The Department of Agriculture.
       (F) The Department of Commerce.
       (G) The Department of Labor.
       (H) The Department of Health and Human Services.
       (I) The Department of Housing and Urban Development.
       (J) The Department of Transportation.
       (K) The Department of Energy.
       (L) The Department of Homeland Security.
       (M) The Office of the Director of National Intelligence.
       (N) The Environmental Protection Agency.
       (O) The National Aeronautics and Space Administration.
       (P) The National Science Foundation.
       (Q) The Arctic Research Commission.
       (R) The Office of Management and Budget.
       (S) Any other agency or office that the Chair determines is 
     appropriate.
       (d) Administration.--
       (1) Meetings.--The Committee shall meet not less frequently 
     than quarterly, at the call of the Chair.
       (2) Subcommittees.--The Chair may establish subcommittees 
     or working groups to focus on specific issues.
       (3) Administrative support.--Agencies represented on the 
     Committee shall--
       (A) provide administrative support and additional resources 
     to support their participation in the Committee; and
       (B) bear their own expenses for supporting their 
     participation on the Committee and associated subcommittees 
     or working groups.
       (4) Point of contact.--Each member of the Committee shall 
     provide to the Executive Officer a single point of contact 
     within the agency represented by such member to coordinate 
     all activities and to collaborate with non-Federal partners.
       (e) Activities.--The Committee shall--
       (1) establish strategic direction, oversee implementation, 
     coordinate funding, and ensure coordination of Federal 
     activities in the Arctic region;
       (2) consult with the Governor of the State of Alaska 
     regarding Committee priorities;
       (3) facilitate formal consultation with Alaska Native 
     tribal governments and Alaska Native Corporations to maximize 
     transparency and promote collaboration;
       (4) develop a process to improve coordination and the 
     sharing of information about policies, rulemakings, funding, 
     and knowledge among Federal, State, local, and Alaska tribal 
     governments, Alaska Native Corporations, Alaska Native 
     organizations, the private sector, and nonprofit entities;
       (5) coordinate a strategy and the funding necessary to 
     clean up contaminated lands that have been conveyed and 
     patented, or have been selected to be conveyed and patented, 
     to Alaska Native Corporations pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.);
       (6) provide guidance and coordinate efforts to implement 
     the priorities, objectives, activities, and responsibilities 
     identified in Homeland Security Presidential Directive 25 
     (January 9, 2009; relating to Arctic Region Policy, the 2013 
     National Strategy for the Arctic Region and its 
     implementation lan, and related agency plans; and
       (7) conduct a triennial crosscut of Federal funding for 
     Arctic funding.
       (f) Annual Report.--The Committee shall submit an annual 
     report to the Committee on Appropriations of the Senate and 
     the Committee on Appropriations of the House of 
     Representatives that includes, with respect to the previous 
     12-month period--
       (1) the results of the crosscut conducted pursuant to 
     subsection (e)(7), if conducted during such period;
       (2) an overview of the Arctic research;
       (3) an overview of the activities and accomplishments of 
     the Committee, and any subcommittees or working groups that 
     were established; and
       (4) any other activity of the Committee that the Chair and 
     Vice Chair determine are appropriate to be included in such 
     report.
       (g) Sunset.--The Committee shall be terminated on the date 
     that is 10 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 6431. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. SUSPENSION OF UNITED STATES' CONTRIBUTIONS TO THE 
                   WORLD HEALTH ORGANIZATION UNTIL TAIWAN IS 
                   GRANTED OBSERVER STATUS AT THE WORLD HEALTH 
                   ASSEMBLY.

       (a) Findings.--Congress makes the following findings:
       (1) Congress has repeatedly supported Taiwan's 
     participation in the World Health Assembly, as evidenced by 
     Public Law 106-137, Public Law 107-10, Public Law 108-235, 
     and the recent enactment of Public Law 117-124.
       (2) In advance of the 75th World Health Assembly, Secretary 
     of State Antony J Blinken stated: ``Taiwan and its distinct 
     capabilities and approaches----including its significant 
     public health expertise, democratic governance, resilience to 
     COVID-19, and robust economy--offer considerable value to 
     inform the [World Health Assembly's] deliberations. There is 
     no reasonable justification to exclude its participation, 
     which will benefit the world. As we continue to fight COVID-
     19 and other emerging health threats, Taiwan's isolation from 
     the preeminent global health forum is unwarranted and 
     undermines inclusive global public health cooperation.''.
       (3) The People's Republic of China continues to use its 
     voice, vote, and influence to resist Taiwan's participation 
     in the World Health Assembly.
       (b) Purpose.--The purpose of this section is to address 
     United States' contributions to the World Health Organization 
     so that if Taiwan continues to be excluded from the World 
     Health Organization--
       (1) no Federal funds may be used to pay dues to the World 
     Health Organization; and
       (2) Federal funds that would otherwise be expended on such 
     dues may be used to support alternate global health 
     organizations.
       (c) Prohibition.--Notwithstanding any other provision of 
     law, no funds appropriated or otherwise made available to any 
     Federal agency may be obligated or expended to provide 
     assessed or voluntary contributions to the World Health 
     Organization until the President certifies to Congress that 
     Taiwan has been granted observer status at the World Health 
     Assembly.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the President $600,000,000 for each of 
     the fiscal years 2023 and 2024, which may be used to 
     establish or otherwise participate in a global health 
     organization that--
       (1) is not associated with the United Nations or the World 
     Health Assembly;
       (2) serves a similar function as the World Health Assembly 
     by coordinating global health efforts; and
       (3) includes Taiwan as a fully participating member.
                                 ______
                                 
  SA 6432. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to 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 S5946]]

  


     SEC. 10__. POST-EMPLOYMENT LIMITATIONS ON PRESIDENTIAL 
                   APPOINTEES WITH RESPECT TO THE GOVERNMENT OF 
                   THE PEOPLE'S REPUBLIC OF CHINA, THE CHINESE 
                   COMMUNIST PARTY, AND CHINESE MILITARY 
                   COMPANIES.

       Section 207 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(m) Restrictions on Presidential Appointees With Respect 
     to the Government of the People's Republic of China, the 
     Chinese Communist Party, and Chinese Military Companies.--
       ``(1) In general.--In addition to the other restrictions 
     set forth in this section, any person who serves in a 
     position pursuant to an appointment made by the President and 
     who knowingly, at any time after the termination of his or 
     her service in the position--
       ``(A) represents an entity described in paragraph (2) 
     before any officer or employee of any department or agency of 
     the United States with the intent to influence a decision of 
     such officer or employee in carrying out his or her official 
     duties; or
       ``(B) aids or advises an entity described in paragraph (2) 
     with the intent to influence a decision of any officer or 
     employee of any department or agency of the United States, in 
     carrying out his or her official duties,
     shall be punished as provided in section 216 of this title.
       ``(2) Entities.--An entity described in this paragraph is 
     any of the following:
       ``(A) The Government of the People's Republic of China.
       ``(B) The Chinese Communist Party.
       ``(C) Any entity identified under section 1260H of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (10 U.S.C. 113 note).
       ``(D) An entity based in the People's Republic of China 
     that is included on the entity list maintained by the Bureau 
     of Industry and Security of the Department of Commerce and 
     set forth in Supplement No. 4 to part 744 of title 15, Code 
     of Federal Regulations.''.
                                 ______
                                 
  SA 6433. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
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. SUPPORTING HUMAN RIGHTS IN THE XINJIANG UYGHUR 
                   AUTONOMOUS REGION.

       (a) Declarations of Policy.--Congress--
       (1) calls upon the Government of the People's Republic of 
     China (referred to in this section as the ``PRC'')--
       (A) to permit regular, unsupervised visits by United States 
     Members of Congress, congressional staff delegations, the 
     United States Special Coordinator for Uyghur Issues 
     designated pursuant to subsection (c), members and staff of 
     the Congressional-Executive Commission on the People's 
     Republic of China, journalists, and diplomats to the Xinjiang 
     Uyghur Autonomous Region (referred to in this section as the 
     ``XUAR'');
       (B) to guarantee the rights of Uyghurs and members of other 
     Muslim minority groups in the XUAR, as stipulated in the PRC 
     Constitution and international human rights agreements;
       (C) to recognize, and seek to ensure, the distinct ethnic, 
     cultural, religious, and linguistic identity of Uyghurs and 
     members of other Muslim minority groups in the XUAR;
       (D) to cease all government-sponsored crackdowns, 
     imprisonments, and detentions of people throughout the XUAR 
     aimed at those involved in the peaceful expression of their 
     ethnic, cultural, political, or religious identity; and
       (E) to release all people who have been unjustly detained 
     without due process;
       (2) commends countries that have provided shelter and 
     hospitality to Uyghurs in exile, including Turkey, Albania, 
     and Germany; and
       (3) urges countries with sizeable Muslim populations, given 
     their common religious and cultural identity, to demonstrate 
     particular concern over the plight of Uyghurs.
       (b) Xinjiang Genocide Task Force.--
       (1) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall establish 
     the Xinjiang Genocide Task Force (referred to in this 
     subsection as the ``Task Force'')--
       (A) to assess the ongoing genocide and crimes against 
     humanity in the XUAR;
       (B) to recommend United States policy responses to such 
     crimes; and
       (C) to coordinate advocacy efforts with other nations and 
     within international organizations.
       (2) Membership.--
       (A) In general.--The Task Force shall be composed of--
       (i) the United States Special Coordinator for Uyghur 
     Issues;
       (ii) the Secretary of State, or his or her designee;
       (iii) the Secretary of the Treasury, or his or her 
     designee;
       (iv) the Secretary of Homeland Security, or his or her 
     designee;
       (v) the Commissioner of U.S. Customs and Border Protection, 
     or his or her designee;
       (vi) the Secretary of Commerce, or his or her designee;
       (vii) the Director of National Intelligence, or his or her 
     designee;
       (viii) the Secretary of Defense, or his or her designee; 
     and
       (ix) the United States Permanent Representative to the 
     United Nations, or his or her designee.
       (B) Chair.--The United States Special Coordinator for 
     Uyghur Issues shall serve as the Chair of the Task Force.
       (3) Duties.--The Task Force shall--
       (A) assess the situation facing Uyghurs and members of 
     other Muslim minority groups in the XUAR;
       (B) identify policy and legal gaps and make policy 
     recommendations to the President to ensure that the United 
     States Government takes a leading role in addressing the 
     genocide and crimes against humanity currently taking place 
     in the XUAR; and
       (C) coordinate United States policy responses and advocacy 
     with other nations and within international organizations.
       (4) Powers.--
       (A) Hearings.--The Task Force may, for the purpose of 
     carrying out this section, hold hearings, sit and act at 
     times and places, take testimony, and receive evidence as the 
     Task Force considers appropriate.
       (B) Powers of members and agents.--The Task Force may 
     authorize any member of the Task Force to take any action 
     that the Task Force is authorized to take under this 
     subsection.
       (5) Staff.--
       (A) Personnel.--The United States Special Coordinator for 
     Uyghur Issues may appoint staff to inform, support, and 
     enable Task Force members in the fulfillment of their duties.
       (B) Detailees.--The head of any Federal department or 
     agency may detail, on a nonreimbursable basis, any of the 
     personnel of that department or agency to the Task Force to 
     assist the Task Force in carrying out its duties.
       (C) Expert consultants.--The Task Force may commission 
     intermittent research or other information from experts and 
     provide stipends for engagement consistent with relevant 
     statutes and regulations.
       (6) Interim report to congress.--Not later than 1 year 
     after the establishment of the Task Force, the Task Force 
     shall prepare and submit an interim report to Congress 
     containing--
       (A) an assessment of the situation in the XUAR;
       (B) the United States policy responses to such situation; 
     and
       (C) coordination and advocacy efforts with other nations 
     and within international organizations.
       (7) Sunset.--The Task Force shall terminate when the 
     Secretary of State determines that genocide and crimes 
     against humanity against Uyghurs and members of other Muslim 
     minority groups is no longer occurring in the XUAR.
       (c) United States Special Coordinator for Uyghur Issues.--
       (1) In general.--The Secretary of State, after consultation 
     with the Chair and Ranking Member of the Committee on Foreign 
     Relations of the Senate and the Chair and Ranking Member of 
     the Committee on Foreign Affairs of the House of 
     Representatives shall appoint, within the Department of 
     State, a United States Special Coordinator for Uyghur Issues 
     (referred to in this subsection as the ``Special 
     Coordinator'').
       (2) Central objective.--The Special Coordinator should seek 
     to promote the protection and preservation of the distinct 
     ethnic, cultural, religious, and linguistic identities of the 
     Uyghurs.
       (3) Responsibilities.--The Special Coordinator should--
       (A) coordinate United States Government policies, programs, 
     and projects concerning the Uyghurs;
       (B) vigorously promote the policy of seeking to protect the 
     distinct ethnic, religious, cultural, and linguistic identity 
     of the Uyghurs and seek improved respect for human rights in 
     the XUAR;
       (C) maintain close contact with religious, cultural, and 
     political leaders of the Uyghurs, including seeking regular 
     travel to the XUAR and to Uyghur settlements in Central Asia, 
     Turkey, Albania, Germany, and other parts of Europe;
       (D) lead coordination efforts for the release of political 
     prisoners in the XUAR who are being detained for exercising 
     their human rights;
       (E) consult with Congress on policies relevant to the XUAR 
     and the Uyghurs;
       (F) coordinate with relevant Federal agencies to administer 
     aid to Uyghur rights advocates;
       (G) make efforts to establish contacts with foreign 
     ministries of other countries to pursue a policy of promoting 
     greater respect for human rights and religious freedom for 
     Uyghurs and other groups; and
       (H) coordinate United States outreach and advocacy within 
     international organizations on behalf of the Uyghurs and 
     members of other Muslim minority groups in the XUAR.
       (4) Support.--The Secretary of State shall ensure the 
     Special Coordinator has adequate resources, staff, and 
     administrative support to carry out the objective and 
     responsibilities described in paragraphs (2) and (3).

[[Page S5947]]

  

                                 ______
                                 
  SA 6434. 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 X, insert the following:

     SEC. ___. DYNAMIC AIRSPACE PILOT PROGRAM.

       (a) Pilot Program.--
       (1) Pilot program required.--Not later than 90 days after 
     the date of the enactment of this Act, the Administrator of 
     the Federal Aviation Administration, in coordination with the 
     Secretary of Defense, shall establish a pilot program for the 
     purpose of developing, testing, and assessing dynamic 
     scheduling and management of special activity airspace in 
     order to accommodate emerging military training requirements, 
     including--
       (A) increased access to special activity airspace used by 
     the Department of Defense for infrequent, limited duration 
     testing and training events; and
       (B) streamlined processes for designating and activating 
     special activity airspace for activities described in 
     subparagraph (A).
       (2) Development, test, and assessment of dynamic 
     airspace.--Under the pilot program established under 
     paragraph (1), the Administrator and the Secretary shall 
     jointly establish not less than 2 use cases concerning 
     temporary or permanent special activity airspace established 
     by the Federal Aviation Administration for use by the 
     Department of Defense that develop, test, and assess--
       (A) streamlined processes to designate and activate such 
     airspace;
       (B) whether the streamlined processes supporting the 
     designation and activation of the temporary or permanent 
     special activity airspace available for infrequent, limited 
     duration testing and training events by the Department of 
     Defense are efficient, practical, and sufficient to 
     accommodate the testing and training requirements of the 
     Department of Defense; and
       (C) a streamlined process for the Department of Defense to 
     request the activation of special activity airspace for 
     infrequent, limited duration events pursuant to emerging 
     military training requirements.
       (b) Requirements.--The pilot program established by 
     subsection (a) shall not interfere with--
       (1) the public's right of transit consistent with national 
     security;
       (2) the use of airspace necessary to ensure the safety of 
     aircraft within the National Airspace System; and
       (3) the use of airspace necessary to ensure the efficient 
     use of the National Airspace System.
       (c) Report by the Administrator.--
       (1) In general.--Not less than 2 years after the date of 
     the establishment of the pilot program under subsection 
     (a)(1), the Administrator shall submit to the appropriate 
     committees of Congress a report on the interim findings of 
     the Administrator with respect to the pilot program.
       (2) Elements.--The report submitted under paragraph (1) 
     shall include the following:
       (A) An analysis of how the pilot program established under 
     subsection (a)(1) affected policies on designating and 
     activating special activity airspace with an emphasis on the 
     impact to other nonparticipating users of the National 
     Airspace System.
       (B) An analysis of whether the streamlined processes for 
     designating or activating special activity airspace involved 
     in the pilot program established under subsection (a)(1) 
     contributed to--
       (i) the public's right of transit consistent with national 
     security;
       (ii) the use of airspace necessary to ensure the safety of 
     aircraft within the National Airspace System; and
       (iii) the use of airspace necessary to ensure the efficient 
     use of the National Airspace System.
       (d) Report by the Secretary of Defense.--Not less than 2 
     years after the date of the establishment of the pilot 
     program under subsection (a)(1), the Secretary shall submit 
     to the appropriate committees of Congress a report on the 
     interim findings of the Secretary with respect to the pilot 
     program. Such report shall include an analysis of how the 
     pilot program affected military testing and training.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation, 
     the Committee on Armed Services, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Increased access.--The term ``increased access'' means 
     augmented activation of tailored special activity airspace 
     locations, shapes, altitudes, and scheduling tools, 
     facilitated by improvements to strategic and tactical 
     planning between the Federal Aviation Administration and the 
     Department of Defense that result in timely mission readiness 
     and execution, to include paths to accommodate plan changes 
     within parameters deemed reasonable by the Administrator and 
     Secretary.
       (3) Special activity airspace.--The term ``special activity 
     airspace'' means the following airspace with defined 
     dimensions within the National Airspace System wherein 
     limitations may be imposed upon aircraft operations:
       (A) Restricted areas.
       (B) Military operations areas.
       (C) Air traffic control assigned airspace.
       (D) Warning areas.
       (4) Use cases.--The term ``use cases'' means a compendium 
     of airspace utilization data collected from the development, 
     testing, and assessment conducted under subsection (a)(1) 
     within a specific geographic region as determined by the 
     Administrator and Secretary.
       (f) Duration.--The pilot program under subsection (a)(1) 
     shall continue for not more than 3 years after the date on 
     which it is established.
                                 ______
                                 
  SA 6435. Ms. CANTWELL (for herself 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, add the following:

           DIVISION E--COAST GUARD AUTHORIZATION ACT OF 2022

     SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Coast 
     Guard Authorization Act of 2022''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

           DIVISION E--COAST GUARD AUTHORIZATION ACT OF 2022

Sec. 5001. Short title; table of contents.
Sec. 5002. Definition of Commandant.

                        TITLE LI--AUTHORIZATIONS

Sec. 5101. Authorization of appropriations.
Sec. 5102. Authorized levels of military strength and training.
Sec. 5103. Authorization for shoreside infrastructure and facilities.
Sec. 5104. Authorization for acquisition of vessels.
Sec. 5105. Authorization for the child care subsidy program.

                         TITLE LII--COAST GUARD

                 Subtitle A--Infrastructure and Assets

Sec. 5201. Report on shoreside infrastructure and facilities needs.
Sec. 5202. Fleet mix analysis and shore infrastructure investment plan.
Sec. 5203. Acquisition life-cycle cost estimates.
Sec. 5204. Report and briefing on resourcing strategy for Western 
              Pacific region.
Sec. 5205. Study and report on national security and drug trafficking 
              threats in the Florida Straits and Caribbean region, 
              including Cuba.
Sec. 5206. Coast Guard Yard.
Sec. 5207. Authority to enter into transactions other than contracts 
              and grants to procure cost-effective technology for 
              mission needs.
Sec. 5208. Improvements to infrastructure and operations planning.
Sec. 5209. Aqua alert notification system pilot program.

                        Subtitle B--Great Lakes

Sec. 5211. Great Lakes winter commerce.
Sec. 5212. Database on icebreaking operations in the Great Lakes.
Sec. 5213. Great Lakes snowmobile acquisition plan.
Sec. 5214. Great Lakes barge inspection exemption.
Sec. 5215. Study on sufficiency of Coast Guard aviation assets to meet 
              mission demands.

                           Subtitle C--Arctic

Sec. 5221. Establishment of the Arctic Security Cutter Program Office.
Sec. 5222. Arctic activities.
Sec. 5223. Study on Arctic operations and infrastructure.

         Subtitle D--Maritime Cyber and Artificial Intelligence

Sec. 5231. Enhancing maritime cybersecurity.
Sec. 5232. Establishment of unmanned system program and autonomous 
              control and computer vision technology project.
Sec. 5233. Artificial intelligence strategy.
Sec. 5234. Review of artificial intelligence applications and 
              establishment of performance metrics.
Sec. 5235. Cyber data management.
Sec. 5236. Data management.
Sec. 5237. Study on cyber threats to the United States marine 
              transportation system.

[[Page S5948]]

                          Subtitle E--Aviation

Sec. 5241. Space-available travel on Coast Guard aircraft: program 
              authorization and eligible recipients.
Sec. 5242. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 5243. Study on the operational availability of Coast Guard 
              aircraft and strategy for Coast Guard Aviation.

                    Subtitle F--Workforce Readiness

Sec. 5251. Authorized strength.
Sec. 5252. Number and distribution of officers on active duty promotion 
              list.
Sec. 5253. Continuation on active duty of officers with critical 
              skills.
Sec. 5254. Career incentive pay for marine inspectors.
Sec. 5255. Expansion of the ability for selection board to recommend 
              officers of particular merit for promotion.
Sec. 5256. Pay and allowances for certain members of the Coast Guard 
              during funding gap.
Sec. 5257. Modification to education loan repayment program.
Sec. 5258. Retirement of Vice Commandant.
Sec. 5259. Report on resignation and retirement processing times and 
              denial.
Sec. 5260. Calculation of active service.
Sec. 5261. Physical disability evaluation system procedure review.
Sec. 5262. Expansion of authority for multirater assessments of certain 
              personnel.
Sec. 5263. Promotion parity.
Sec. 5264. Partnership program to diversify the Coast Guard.
Sec. 5265. Expansion of Coast Guard Junior Reserve Officers' Training 
              Corps.
Sec. 5266. Improving representation of women and racial and ethnic 
              minorities among Coast Guard active-duty members.
Sec. 5267. Strategy to enhance diversity through recruitment and 
              accession.
Sec. 5268. Support for Coast Guard Academy.
Sec. 5269. Training for congressional affairs personnel.
Sec. 5270. Strategy for retention of cuttermen.
Sec. 5271. Study on performance of Coast Guard Force Readiness Command.
Sec. 5272. Study on frequency of weapons training for Coast Guard 
              personnel.

                  Subtitle G--Miscellaneous Provisions

Sec. 5281. Budgeting of Coast Guard relating to certain operations.
Sec. 5282. Coast Guard assistance to United States Secret Service.
Sec. 5283. Conveyance of Coast Guard vessels for public purposes.
Sec. 5284. Coast Guard intelligence activities and emergency and 
              extraordinary expenses.
Sec. 5285. Transfer and conveyance.
Sec. 5286. Transparency and oversight.
Sec. 5287. Study on safety inspection program for containers and 
              facilities.
Sec. 5288. Study on maritime law enforcement workload requirements.
Sec. 5289. Feasibility study on construction of Coast Guard station at 
              Port Mansfield.
Sec. 5290. Modification of prohibition on operation or procurement of 
              foreign-made unmanned aircraft systems.
Sec. 5291. Operational data sharing repository.
Sec. 5292. Procurement of tethered aerostat radar system for Coast 
              Guard Station South Padre Island.
Sec. 5293. Assessment of Iran sanctions relief on Coast Guard 
              operations under the Joint Comprehensive Plan of Action.
Sec. 5294. Report on shipyards of Finland and Sweden.
Sec. 5295. Coast Guard spectrum audit.
Sec. 5296. Prohibition on construction contracts with entities 
              associated with the Chinese Communist Party.
Sec. 5297. Review of drug interdiction equipment and standards; testing 
              for fentanyl during interdiction operations.
Sec. 5298. Public availability of information on monthly migrant 
              interdictions.

                        TITLE LIII--ENVIRONMENT

Sec. 5301. Definition of Secretary.

                       Subtitle A--Marine Mammals

Sec. 5311. Definitions.
Sec. 5312. Assistance to ports to reduce the impacts of vessel traffic 
              and port operations on marine mammals.
Sec. 5313. Near real-time monitoring and mitigation program for large 
              cetaceans.
Sec. 5314. Pilot program to establish a Cetacean Desk for Puget Sound 
              region.
Sec. 5315. Monitoring ocean soundscapes.

                         Subtitle B--Oil Spills

Sec. 5321. Improving oil spill preparedness.
Sec. 5322. Western Alaska oil spill planning criteria.
Sec. 5323. Accident and incident notification relating to pipelines.
Sec. 5324. Coast Guard claims processing costs.
Sec. 5325. Calculation of interest on debt owed to the national 
              pollution fund.
Sec. 5326. Per-incident limitation.
Sec. 5327. Access to the Oil Spill Liability Trust Fund.
Sec. 5328. Cost-reimbursable agreements.
Sec. 5329. Oil spill response review.
Sec. 5330. Review and report on limited indemnity provisions in standby 
              oil spill response contracts.
Sec. 5331. Additional exceptions to regulations for towing vessels.

                  Subtitle C--Environmental Compliance

Sec. 5341. Review of anchorage regulations.
Sec. 5342. Study on impacts on shipping and commercial, Tribal, and 
              recreational fisheries from the development of renewable 
              energy on the West Coast.

                    Subtitle D--Environmental Issues

Sec. 5351. Modifications to the Sport Fish Restoration and Boating 
              Trust Fund administration.
Sec. 5352. Improvements to Coast Guard communication with North Pacific 
              maritime and fishing industry.
Sec. 5353. Fishing safety training grants program.
Sec. 5354. Load lines.
Sec. 5355. Actions by National Marine Fisheries Service to increase 
              energy production.

        Subtitle E--Illegal Fishing and Forced Labor Prevention

Sec. 5361. Definitions.

     Chapter 1--Combating Human Trafficking Through Seafood Import 
                               Monitoring

Sec. 5362. Enhancement of Seafood Import Monitoring Program Automated 
              Commercial Environment Message Set.
Sec. 5363. Data sharing and aggregation.
Sec. 5364. Import audits.
Sec. 5365. Availability of fisheries information.
Sec. 5366. Report on Seafood Import Monitoring Program.
Sec. 5367. Authorization of appropriations.

 Chapter 2--Strengthening International Fisheries Management to Combat 
                           Human Trafficking

Sec. 5370. Denial of port privileges.
Sec. 5371. Identification and certification criteria.
Sec. 5372. Equivalent conservation measures.
Sec. 5373. Capacity building in foreign fisheries.
Sec. 5374. Training of United States Observers.
Sec. 5375. Regulations.
Sec. 5376. Use of Devices Broadcasting on AIS for Purposes of Marking 
              Fishing Gear.

              TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE

        Subtitle A--Support for Coast Guard Members and Families

Sec. 5401. Coast Guard child care improvements.
Sec. 5402. Armed Forces access to Coast Guard child care facilities.
Sec. 5403. Cadet pregnancy policy improvements.
Sec. 5404. Pilot program for fertility treatments.
Sec. 5405. Combat-related special compensation.
Sec. 5406. Restoration of amounts improperly withheld for tax purposes 
              from severance payments to veterans of the Coast Guard 
              with combat-related injuries.
Sec. 5407. Modification of basic needs allowance for members of the 
              Coast Guard.
Sec. 5408. Study on food security.

                         Subtitle B--Healthcare

Sec. 5421. Development of medical staffing standards for the Coast 
              Guard.
Sec. 5422. Healthcare system review and strategic plan.
Sec. 5423. Data collection and access to care.
Sec. 5424. Behavioral health policy.
Sec. 5425. Members asserting post-traumatic stress disorder or 
              traumatic brain injury.
Sec. 5426. Improvements to the Physical Disability Evaluation System 
              and transition program.
Sec. 5427. Expansion of access to counseling.
Sec. 5428. Expansion of postgraduate opportunities for members of the 
              Coast Guard in medical and related fields.
Sec. 5429. Study on Coast Guard telemedicine program.
Sec. 5430. Study on Coast Guard medical facilities needs.

                          Subtitle C--Housing

Sec. 5441. Strategy to improve quality of life at remote units.
Sec. 5442. Study on Coast Guard housing access, cost, and challenges.
Sec. 5443. Audit of certain military housing conditions of enlisted 
              members of the Coast Guard in Key West, Florida.
Sec. 5444. Study on Coast Guard housing authorities and privatized 
              housing.

[[Page S5949]]

                       Subtitle D--Other Matters

Sec. 5451. Report on availability of emergency supplies for Coast Guard 
              personnel.

                           TITLE LV--MARITIME

                       Subtitle A--Vessel Safety

Sec. 5501. Abandoned Seafarers Fund amendments.
Sec. 5502. Receipts; international agreements for ice patrol services.
Sec. 5503. Passenger vessel security and safety requirements.
Sec. 5504. At-sea recovery operations pilot program.
Sec. 5505. Exoneration and limitation of liability for small passenger 
              vessels.
Sec. 5506. Moratorium on towing vessel inspection user fees.
Sec. 5507. Certain historic passenger vessels.
Sec. 5508. Coast Guard digital registration.
Sec. 5509. Responses to safety recommendations.
Sec. 5510. Comptroller General of the United States study and report on 
              the Coast Guard's oversight of third party organizations.
Sec. 5511. Articulated tug-barge manning.
Sec. 5512. Alternate safety compliance program exception for certain 
              vessels.

                       Subtitle B--Other Matters

Sec. 5521. Definition of a stateless vessel.
Sec. 5522. Report on enforcement of coastwise laws.
Sec. 5523. Study on multi-level supply chain security strategy of the 
              department of homeland security.
Sec. 5524. Study to modernize the merchant mariner licensing and 
              documentation system.
Sec. 5525. Study and report on development and maintenance of mariner 
              records database.
Sec. 5526. Assessment regarding application process for merchant 
              mariner credentials.
Sec. 5527. Military to Mariners Act of 2022.
Sec. 5528. Floating dry docks.

TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE

Sec. 5601. Definitions.
Sec. 5602. Convicted sex offender as grounds for denial.
Sec. 5603. Accommodation; notices.
Sec. 5604. Protection against discrimination.
Sec. 5605. Alcohol at sea.
Sec. 5606. Sexual harassment or sexual assault as grounds for 
              suspension and revocation.
Sec. 5607. Surveillance requirements.
Sec. 5608. Master key control.
Sec. 5609. Safety management systems.
Sec. 5610. Requirement to report sexual assault and harassment.
Sec. 5611. Civil actions for personal injury or death of seamen.
Sec. 5612. Access to care and sexual assault forensic examinations.
Sec. 5613. Reports to Congress.
Sec. 5614. Policy on requests for permanent changes of station or unit 
              transfers by persons who report being the victim of 
              sexual assault.
Sec. 5615. Sex offenses and personnel records.
Sec. 5616. Study on Coast Guard oversight and investigations.
Sec. 5617. Study on Special Victims' Counsel program.

      TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

      Subtitle A--National Oceanic and Atmospheric Administration 
                       Commissioned Officer Corps

Sec. 5701. Definitions.
Sec. 5702. Requirement for appointments.
Sec. 5703. Repeal of requirement to promote ensigns after 3 years of 
              service.
Sec. 5704. Authority to provide awards and decorations.
Sec. 5705. Retirement and separation.
Sec. 5706. Licensure of health-care professionals.
Sec. 5707. Improving professional mariner staffing.
Sec. 5708. Legal assistance.
Sec. 5709. Acquisition of aircraft for extreme weather reconnaissance.
Sec. 5710. Report on professional mariner staffing models.

                       Subtitle B--Other Matters

Sec. 5711. Conveyance of certain property of the National Oceanic and 
              Atmospheric Administration in Juneau, Alaska.

     TITLE LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS

Sec. 5801. Technical correction.
Sec. 5802. Reinstatement.
Sec. 5803. Terms and vacancies.

                    TITLE LIX--RULE OF CONSTRUCTION

Sec. 5901. Rule of construction.

     SEC. 5002. DEFINITION OF COMMANDANT.

       In this division, the term ``Commandant'' means the 
     Commandant of the Coast Guard.

                        TITLE LI--AUTHORIZATIONS

     SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.

       Section 4902 of title 14, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal years 2020 and 2021'' and inserting ``fiscal years 
     2022 and 2023'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) $10,000,000,000 for fiscal year 2022; and
       ``(ii) $10,750,000,000 for fiscal year 2023.'';
       (B) in subparagraph (B), by striking ``$17,035,000'' and 
     inserting ``$23,456,000''; and
       (C) in subparagraph (C), by striking ``, (A)(ii) 
     $17,376,000'' and inserting ``(A)(ii), $24,353,000'';
       (3) in paragraph (2)--
       (A) in subparagraph (A), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) $2,459,100,000 for fiscal year 2022; and
       ``(ii) $3,477,600,000 for fiscal year 2023.''; and
       (B) in subparagraph (B), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) $20,400,000 for fiscal year 2022; and
       ``(ii) $20,808,000 for fiscal year 2023.'';
       (4) in paragraph (3), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $7,476,000 for fiscal year 2022; and
       ``(B) $14,681,084 for fiscal year 2023.''; and
       (5) in paragraph (4), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $240,577,000 for fiscal year 2022; and
       ``(B) $252,887,000 for fiscal year 2023.''.

     SEC. 5102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       Section 4904 of title 14, United States Code, is amended--
       (1) in subsection (a), by striking ``fiscal years 2020 and 
     2021'' and inserting ``fiscal years 2022 and 2023''; and
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``fiscal years 2020 and 2021'' and inserting 
     ``fiscal years 2022 and 2023''.

     SEC. 5103. AUTHORIZATION FOR SHORESIDE INFRASTRUCTURE AND 
                   FACILITIES.

       (a) In General.--In addition to the amounts authorized to 
     be appropriated under section 4902(2)(A) of title 14, United 
     States Code, as amended by section 5101 of this division, for 
     the period of fiscal years 2023 through 2028--
       (1) $3,000,000,000 is authorized to fund maintenance, new 
     construction, and repairs needed for Coast Guard shoreside 
     infrastructure;
       (2) $160,000,000 is authorized to fund phase two of the 
     recapitalization project at Coast Guard Training Center Cape 
     May in Cape May, New Jersey, to improve recruitment and 
     training of a diverse Coast Guard workforce; and
       (3) $80,000,000 is authorized for the construction of 
     additional new child care development centers not constructed 
     using funds authorized by the Infrastructure Investment and 
     Jobs Act (Public Law 117-58; 135 Stat. 429).
       (b) Coast Guard Yard Resilient Infrastructure and 
     Construction Improvement.--In addition to the amounts 
     authorized to be appropriated under section 4902(2)(A)(ii) of 
     title 14, United States Code, as amended by section 5101 of 
     this division--
       (1) $400,000,000 is authorized for the period of fiscal 
     years 2023 through 2028 for the Secretary of the department 
     in which the Coast Guard is operating for the purposes of 
     improvements to facilities of the Yard; and
       (2) $236,000,000 is authorized for the acquisition of a new 
     floating drydock, to remain available until expended.

     SEC. 5104. AUTHORIZATION FOR ACQUISITION OF VESSELS.

       In addition to the amounts authorized to be appropriated 
     under section 4902(2)(A)(ii) of title 14, United States Code, 
     as amended by section 5101 of this division, for the period 
     of fiscal years 2023 through 2028--
       (1) $350,000,000 is authorized for the acquisition of a 
     Great Lakes icebreaker that is at least as capable as Coast 
     Guard cutter Mackinaw (WLBB-30);
       (2) $172,500,000 is authorized for the program management, 
     design, and acquisition of 12 Pacific Northwest heavy weather 
     boats that are at least as capable as the Coast Guard 52-foot 
     motor surfboat;
       (3) $841,000,000 is authorized for the third Polar Security 
     Cutter;
       (4) $20,000,000 is authorized for initiation of activities 
     to support acquisition of the Arctic Security Cutter class, 
     including program planning and requirements development to 
     include the establishment of an Arctic Security Cutter 
     Program Office;
       (5) $650,000,000 is authorized for the continued 
     acquisition of Offshore Patrol Cutters; and
       (6) $650,000,000 is authorized for a twelfth National 
     Security Cutter.

     SEC. 5105. AUTHORIZATION FOR THE CHILD CARE SUBSIDY PROGRAM.

       In addition to the amounts authorized to be appropriated 
     under section 4902(1)(A) of title 14, United States Code, 
     $25,000,000 is authorized to the Commandant for each of 
     fiscal years 2023 and 2024 for the child care subsidy 
     program.

                         TITLE LII--COAST GUARD

                 Subtitle A--Infrastructure and Assets

     SEC. 5201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES 
                   NEEDS.

       Not less frequently than annually, the Commandant shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes--
       (1) a detailed list of shoreside infrastructure needs for 
     all Coast Guard facilities located within each Coast Guard 
     District in the order of priority, including 
     recapitalization, maintenance needs in excess of $25,000, 
     dredging, and other shoreside infrastructure needs of the 
     Coast Guard;
       (2) the estimated cost of projects to fulfill such needs, 
     to the extent available; and

[[Page S5950]]

       (3) a general description of the state of planning for each 
     such project.

     SEC. 5202. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE 
                   INVESTMENT PLAN.

       (a) Fleet Mix Analysis.--
       (1) In general.--The Commandant shall conduct an updated 
     fleet mix analysis that provides for a fleet mix sufficient, 
     as determined by the Commandant--
       (A) to carry out--
       (i) the missions of the Coast Guard; and
       (ii) emerging mission requirements; and
       (B) to address--
       (i) national security threats; and
       (ii) the global deployment of the Coast Guard to counter 
     great power competitors.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall submit to 
     Congress a report on the results of the updated fleet mix 
     analysis required by paragraph (1).
       (b) Shore Infrastructure Investment Plan.--
       (1) In general.--The Commandant shall develop an updated 
     shore infrastructure investment plan that includes--
       (A) the construction of additional facilities to 
     accommodate the updated fleet mix described in subsection 
     (a)(1);
       (B) improvements necessary to ensure that existing 
     facilities meet requirements and remain operational for the 
     lifespan of such fleet mix, including necessary improvements 
     to information technology infrastructure;
       (C) a timeline for the construction and improvement of the 
     facilities described in subparagraphs (A) and (B); and
       (D) a cost estimate for construction and life-cycle support 
     of such facilities, including for necessary personnel.
       (2) Report.--Not later than 1 year after the date on which 
     the report under subsection (a)(2) is submitted, the 
     Commandant shall submit to Congress a report on the plan 
     required by paragraph (1).

     SEC. 5203. ACQUISITION LIFE-CYCLE COST ESTIMATES.

       Section 1132(e) of title 14, United States Code, is amended 
     by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Types of estimates.--For each Level 1 or Level 2 
     acquisition project or program, in addition to life-cycle 
     cost estimates developed under paragraph (1), the Commandant 
     shall require--
       ``(A) such life-cycle cost estimates to be updated before--
       ``(i) each milestone decision is concluded; and
       ``(ii) the project or program enters a new acquisition 
     phase; and
       ``(B) an independent cost estimate or independent cost 
     assessment, as appropriate, to be developed to validate such 
     life-cycle cost estimates.''.

     SEC. 5204. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR 
                   WESTERN PACIFIC REGION.

       (a) Report.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant, in consultation 
     with the Coast Guard Commander of the Pacific Area, the 
     Commander of United States Indo-Pacific Command, and the 
     Under Secretary of Commerce for Oceans and Atmosphere, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report outlining the Coast Guard's 
     resourcing needs to achieve optimum operations in the Western 
     Pacific region.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following:
       (A) An assessment of the risks and associated needs--
       (i) to United States strategic maritime interests, in 
     particular such interests in areas west of the International 
     Date Line, including risks to bilateral maritime partners of 
     the United States, posed by not fully staffing and equipping 
     Coast Guard operations in the Western Pacific region;
       (ii) to the Coast Guard mission and force posed by not 
     fully staffing and equipping Coast Guard operations in the 
     Western Pacific region; and
       (iii) to support the call of the President, as set forth in 
     the Indo-Pacific Strategy, to expand Coast Guard presence and 
     cooperation in Southeast Asia, South Asia, and the Pacific 
     Islands, with a focus on advising, training, deployment, and 
     capacity building.
       (B) A description of the additional resources, including 
     shoreside resources, required to fully implement the needs 
     described in subparagraph (A), including the United States 
     commitment to bilateral fisheries law enforcement in the 
     Pacific Ocean.
       (C) A description of the operational and personnel assets 
     required and a dispersal plan for available and projected 
     future Coast Guard cutters and aviation forces to conduct 
     optimum operations in the Western Pacific region.
       (D) An analysis with respect to whether a national security 
     cutter or fast response cutter located at a United States 
     military installation in a foreign country in the Western 
     Pacific region would enhance United States national security, 
     partner country capacity building, and prevention and 
     effective response to illegal, unreported, and unregulated 
     fishing.
       (E) An assessment of the benefits and associated costs 
     involved in--
       (i) increasing staffing of Coast Guard personnel within the 
     command elements of United States Indo-Pacific Command or 
     subordinate commands; and
       (ii) designating a Coast Guard patrol force under the 
     direct authority of the Commander of the United States Indo-
     Pacific Command with associated forward-based assets and 
     personnel.
       (F) An identification of any additional authority 
     necessary, including proposals for legislative change, to 
     meet the needs identified in accordance with subparagraphs 
     (A) through (E) and any other mission requirement in the 
     Western Pacific region.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (b) Briefing.--Not later than 60 days after the date on 
     which the Commandant submits the report under subsection (a), 
     the Commandant, or a designated individual, shall provide to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a briefing on the findings 
     and conclusions of such report.

     SEC. 5205. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG 
                   TRAFFICKING THREATS IN THE FLORIDA STRAITS AND 
                   CARIBBEAN REGION, INCLUDING CUBA.

       (a) In General.--The Commandant shall conduct a study on 
     national security, drug trafficking, and other relevant 
     threats as the Commandant considers appropriate, in the 
     Florida Straits and Caribbean region, including Cuba.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An assessment of--
       (A) new technology and evasive maneuvers used by 
     transnational criminal organizations to evade detection and 
     interdiction by Coast Guard law enforcement units and 
     interagency partners; and
       (B) capability gaps of the Coast Guard with respect to--
       (i) the detection and interdiction of illicit drugs in the 
     Florida Straits and Caribbean region, including Cuba; and
       (ii) the detection of national security threats in such 
     region.
       (2) An identification of--
       (A) the critical technological advancements required for 
     the Coast Guard to meet current and anticipated threats in 
     such region;
       (B) the capabilities required to enhance information 
     sharing and coordination between the Coast Guard and 
     interagency partners, foreign governments, and related 
     civilian entities; and
       (C) any significant new or developing threat to the United 
     States posed by illicit actors in such region.
       (c) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study under subsection (a).

     SEC. 5206. COAST GUARD YARD.

       (a) In General.--With respect to the Coast Guard Yard, the 
     purposes of the authorization under section 5103(b) are--
       (1) to improve resilience and capacity;
       (2) to maintain and expand Coast Guard organic 
     manufacturing capacity;
       (3) to expand training and recruitment;
       (4) to enhance safety;
       (5) to improve environmental compliance; and
       (6) to ensure that the Coast Guard Yard is prepared to meet 
     the growing needs of the modern Coast Guard fleet.
       (b) Inclusions.--The Secretary of the department in which 
     the Coast Guard is operating shall ensure that the Coast 
     Guard Yard receives improvements that include the following:
       (1) Facilities upgrades needed to improve resilience of the 
     shipyard, its facilities, and associated infrastructure.
       (2) Acquisition of a large-capacity drydock.
       (3) Improvements to piers and wharves, drydocks, and 
     capital equipment utilities.
       (4) Environmental remediation.
       (5) Construction of a new warehouse and paint facility.
       (6) Acquisition of a new travel lift.
       (7) Dredging necessary to facilitate access to the Coast 
     Guard Yard.
       (c) Workforce Development Plan.--Not later than 180 days 
     after the date of the enactment of this Act, the Commandant 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, a workforce development plan that--
       (1) outlines the workforce needs of the Coast Guard Yard 
     with respect to civilian employees and active duty members of 
     the Coast Guard, including engineers, individuals engaged in 
     trades, cyber specialists, and other personnel necessary to 
     meet the evolving mission set of the Coast Guard Yard; and
       (2) includes recommendations for Congress with respect to 
     the authorities, training, funding, and civilian and active-
     duty recruitment, including the recruitment of women and 
     underrepresented minorities, necessary to meet workforce 
     needs of the Coast Guard Yard for the 10-year period 
     beginning on the date of submission of the plan.

     SEC. 5207. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN 
                   CONTRACTS AND GRANTS TO PROCURE COST-EFFECTIVE 
                   TECHNOLOGY FOR MISSION NEEDS.

       (a) In General.--Subchapter III of chapter 11 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

[[Page S5951]]

  


     ``Sec. 1158. Authority to enter into transactions other than 
       contracts and grants to procure cost-effective, advanced 
       technology for mission-critical needs

       ``(a) In General.--Subject to subsections (b) and (c), the 
     Commandant may enter into transactions (other than contracts, 
     cooperative agreements, and grants) to develop prototypes 
     for, and to operate and procure, cost-effective technology 
     for the purpose of meeting the mission needs of the Coast 
     Guard.
       ``(b) Procurement and Acquisition.--Procurement or 
     acquisition of technologies under subsection (a) shall be--
       ``(1) carried out in accordance with this title and Coast 
     Guard policies and guidance; and
       ``(2) consistent with the operational requirements of the 
     Coast Guard.
       ``(c) Limitations.--
       ``(1) In general.--The Commandant may not enter into a 
     transaction under subsection (a) with respect to a technology 
     that--
       ``(A) does not comply with the cybersecurity standards of 
     the Coast Guard; or
       ``(B) is sourced from an entity domiciled in the People's 
     Republic of China, unless the Commandant determines that the 
     prototype, operation, or procurement of such a technology is 
     for the purpose of--
       ``(i) counter-UAS operations, surrogate testing, or 
     training; or
       ``(ii) intelligence, electronic warfare, and information 
     warfare operations, testing, analysis, and training.
       ``(2) Waiver.--The Commandant may waive the application 
     under paragraph (1) on a case-by-case basis by certifying in 
     writing to the Secretary of Homeland Security and the 
     appropriate committees of Congress that the prototype, 
     operation, or procurement of the applicable technology is in 
     the national interests of the United States.
       ``(d) Education and Training.--The Commandant shall ensure 
     that management, technical, and contracting personnel of the 
     Coast Guard involved in the award or administration of 
     transactions under this section, or other innovative forms of 
     contracting, are provided opportunities for adequate 
     education and training with respect to the authority under 
     this section.
       ``(e) Report.--
       ``(1) In general.--Not later than 5 years after the date of 
     the enactment of this section, the Commandant shall submit to 
     the appropriate committees of Congress a report that--
       ``(A) describes the use of the authority pursuant to this 
     section; and
       ``(B) assesses the mission and operational benefits of such 
     authority.
       ``(2) Appropriate committees of congress defined.--In this 
     subsection, the term `appropriate committees of Congress' 
     means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(f) Regulations.--The Commandant shall prescribe 
     regulations as necessary to carry out this section.
       ``(g) Definitions of Unmanned Aircraft, Unmanned Aircraft 
     System, and Counter-UAS.--In this section, the terms 
     `unmanned aircraft', `unmanned aircraft system', and 
     `counter-UAS' have the meanings given such terms in section 
     44801 of title 49, United States Code.''.
       (b) Clerical Amendment.--The analysis for subchapter III of 
     chapter 11 of title 14, United States Code, is amended by 
     adding at the end the following:

``1158. Authority to enter into transactions other than contracts and 
              grants to procure cost-effective technology for mission 
              needs.''.

     SEC. 5208. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS 
                   PLANNING.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant shall incorporate 
     the most recent oceanic and atmospheric data relating to the 
     increasing rates of extreme weather, including flooding, into 
     planning scenarios for Coast Guard infrastructure and mission 
     deployments with respect to all Coast Guard Missions.
       (b) Coordination With National Oceanic and Atmospheric 
     Administration.--In carrying out subsection (a), the 
     Commandant shall--
       (1) coordinate with the Under Secretary of Commerce for 
     Oceans and Atmosphere to ensure the incorporation of the most 
     recent environmental and climatic data; and
       (2) request technical assistance and advice from the Under 
     Secretary in planning scenarios, as appropriate.
       (c) Briefing.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a briefing on the manner in 
     which the best-available science from the National Oceanic 
     and Atmospheric Administration has been incorporated into at 
     least 1 key mission area of the Coast Guard, and the lessons 
     learned from so doing.

     SEC. 5209. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Commandant shall, subject to 
     the availability of appropriations, establish a pilot program 
     to improve the issuance of alerts to facilitate cooperation 
     with the public to render aid to distressed individuals under 
     section 521 of title 14, United States Code.
       (b) Pilot Program Contents.--The pilot program established 
     under subsection (a) shall, to the maximum extent possible--
       (1) include a voluntary opt-in program under which members 
     of the public, as appropriate, and the entities described in 
     subsection (c), may receive notifications on cellular devices 
     regarding Coast Guard activities to render aid to distressed 
     individuals under section 521 of title 14, United States 
     Code;
       (2) cover areas located within the area of responsibility 
     of 3 different Coast Guard sectors in diverse geographic 
     regions; and
       (3) provide that the dissemination of an alert shall be 
     limited to the geographic areas most likely to facilitate the 
     rendering of aid to distressed individuals.
       (c) Consultation.--In developing the pilot program under 
     subsection (a), the Commandant shall consult--
       (1) the head of any relevant Federal agency;
       (2) the government of any relevant State;
       (3) any Tribal Government;
       (4) the government of any relevant territory or possession 
     of the United States; and
       (5) any relevant political subdivision of an entity 
     described in paragraph (2), (3), or (4).
       (d) Report to Congress.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, and annually thereafter through 
     2026, the Commandant shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the implementation of this 
     section.
       (2) Public availability.--The Commandant shall make the 
     report submitted under paragraph (1) available to the public.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commandant to carry out this 
     section $3,000,000 for each of fiscal years 2023 through 
     2026, to remain available until expended.

                        Subtitle B--Great Lakes

     SEC. 5211. GREAT LAKES WINTER COMMERCE.

       (a) In General.--Subchapter IV of chapter 5 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 564. Great Lakes icebreaking operations

       ``(a) GAO Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this section, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the Coast Guard Great Lakes 
     icebreaking program.
       ``(2) Elements.--The report required under paragraph (1) 
     shall include the following:
       ``(A) An evaluation of the economic impact of vessel delays 
     or cancellations associated with ice coverage on the Great 
     Lakes.
       ``(B) An evaluation of mission needs of the Coast Guard 
     Great Lakes icebreaking program.
       ``(C) An evaluation of the impact that the proposed 
     standards described in subsection (b) would have on--
       ``(i) Coast Guard operations in the Great Lakes;
       ``(ii) Northeast icebreaking missions; and
       ``(iii) inland waterway operations.
       ``(D) A fleet mix analysis for meeting such proposed 
     standards.
       ``(E) A description of the resources necessary to support 
     the fleet mix resulting from such fleet mix analysis, 
     including for crew and operating costs.
       ``(F) Recommendations to the Commandant for improvements to 
     the Great Lakes icebreaking program, including with respect 
     to facilitating commerce and meeting all Coast Guard mission 
     needs.
       ``(b) Proposed Standards for Icebreaking Operations.--The 
     proposed standards described in this subsection are the 
     following:
       ``(1) Except as provided in paragraph (2), the Commandant 
     shall keep ice-covered waterways in the Great Lakes open to 
     navigation during not less than 90 percent of the hours that 
     commercial vessels and ferries attempt to transit such ice-
     covered waterways.
       ``(2) In a year in which the Great Lakes are not open to 
     navigation because of ice of a thickness that occurs on 
     average only once every 10 years, the Commandant shall keep 
     ice-covered waterways in the Great Lakes open to navigation 
     during not less than 70 percent of the hours that commercial 
     vessels and ferries attempt to transit such ice-covered 
     waterways.
       ``(c) Report by Commandant.--Not later than 90 days after 
     the date on which the Comptroller General submits the report 
     under subsection (a), the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that includes the 
     following:
       ``(1) A plan for Coast Guard implementation of any 
     recommendation made by the Comptroller General under 
     subparagraph (F) of subsection (a)(2) the Commandant 
     considers appropriate.
       ``(2) With respect to any recommendation made under such 
     subparagraph that the Commandant declines to implement, a 
     justification for such decision.

[[Page S5952]]

       ``(3) A review of, and a proposed implementation plan for, 
     the results of the fleet mix analysis under subparagraph (D) 
     of that subsection.
       ``(4) Any proposed modifications to the standards for 
     icebreaking operations in the Great Lakes.
       ``(d) Definitions.--In this section:
       ``(1) Commercial vessel.--The term `commercial vessel' 
     means any privately owned cargo vessel operating in the Great 
     Lakes during the winter season of at least 500 tons, as 
     measured under section 14502 of title 46, or an alternate 
     tonnage measured under section 14302 of such title, as 
     prescribed by the Secretary under section 14104 of such 
     title.
       ``(2) Great lakes.--The term `Great Lakes' means the United 
     States waters of Lake Superior, Lake Michigan, Lake Huron, 
     Lake Erie, and Lake Ontario, their connecting waterways, and 
     their adjacent harbors.
       ``(3) Ice-covered waterway.--The term `ice-covered 
     waterway' means any portion of the Great Lakes in which 
     commercial vessels or ferries operate that is 70 percent or 
     greater covered by ice, but does not include any waters 
     adjacent to piers or docks for which commercial icebreaking 
     services are available and adequate for the ice conditions.
       ``(4) Open to navigation.--The term `open to navigation' 
     means navigable to the extent necessary, in no particular 
     order of priority--
       ``(A) to extricate vessels and individuals from danger;
       ``(B) to prevent damage due to flooding;
       ``(C) to meet the reasonable demands of commerce;
       ``(D) to minimize delays to passenger ferries; and
       ``(E) to conduct other Coast Guard missions as required.
       ``(5) Reasonable demands of commerce.--The term `reasonable 
     demands of commerce' means the safe movement of commercial 
     vessels and ferries transiting ice-covered waterways in the 
     Great Lakes, regardless of type of cargo, at a speed 
     consistent with the design capability of Coast Guard 
     icebreakers operating in the Great Lakes and appropriate to 
     the ice capability of the commercial vessel.''.
       (b) Clerical Amendment.--The analysis for chapter 5 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``564. Great Lakes icebreaking operations.''.

     SEC. 5212. DATABASE ON ICEBREAKING OPERATIONS IN THE GREAT 
                   LAKES.

       (a) In General.--The Commandant shall establish and 
     maintain a database for collecting, archiving, and 
     disseminating data on icebreaking operations and commercial 
     vessel and ferry transit in the Great Lakes during ice 
     season.
       (b) Elements.--The database required under subsection (a) 
     shall include the following:
       (1) Attempts by commercial vessels and ferries to transit 
     ice-covered waterways in the Great Lakes that are 
     unsuccessful because of inadequate icebreaking.
       (2) The period of time that each commercial vessel or ferry 
     was unsuccessful at so transiting due to inadequate 
     icebreaking.
       (3) The amount of time elapsed before each such commercial 
     vessel or ferry was successfully broken out of the ice and 
     whether it was accomplished by the Coast Guard or by 
     commercial icebreaking assets.
       (4) Relevant communications of each such commercial vessel 
     or ferry with the Coast Guard and with commercial icebreaking 
     services during such period.
       (5) A description of any mitigating circumstance, such as 
     Coast Guard icebreaker diversions to higher priority 
     missions, that may have contributed to the amount of time 
     described in paragraph (3).
       (c) Voluntary Reporting.--Any reporting by operators of 
     commercial vessels or ferries under this section shall be 
     voluntary.
       (d) Public Availability.--The Commandant shall make the 
     database available to the public on a publicly accessible 
     internet website of the Coast Guard.
       (e) Consultation With Industry.--With respect to the Great 
     Lakes icebreaking operations of the Coast Guard and the 
     development of the database required under subsection (a), 
     the Commandant shall consult operators of commercial vessels 
     and ferries.
       (f) Definitions.--In this section:
       (1) Commercial vessel.--The term ``commercial vessel'' 
     means any privately owned cargo vessel operating in the Great 
     Lakes during the winter season of at least 500 tons, as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of such 
     title, as prescribed by the Secretary of the department in 
     which the Coast Guard is operating under section 14104 of 
     such title.
       (2) Great lakes.--The term ``Great Lakes'' means the United 
     States waters of Lake Superior, Lake Michigan, Lake Huron, 
     Lake Erie, and Lake Ontario, their connecting waterways, and 
     their adjacent harbors.
       (3) Ice-covered waterway.--The term ``ice-covered 
     waterway'' means any portion of the Great Lakes in which 
     commercial vessels or ferries operate that is 70 percent or 
     greater covered by ice, but does not include any waters 
     adjacent to piers or docks for which commercial icebreaking 
     services are available and adequate for the ice conditions.
       (4) Open to navigation.--The term ``open to navigation'' 
     means navigable to the extent necessary, in no particular 
     order of priority--
       (A) to extricate vessels and individuals from danger;
       (B) to prevent damage due to flooding;
       (C) to meet the reasonable demands of commerce;
       (D) to minimize delays to passenger ferries; and
       (E) to conduct other Coast Guard missions as required.
       (5) Reasonable demands of commerce.--The term ``reasonable 
     demands of commerce'' means the safe movement of commercial 
     vessels and ferries transiting ice-covered waterways in the 
     Great Lakes, regardless of type of cargo, at a speed 
     consistent with the design capability of Coast Guard 
     icebreakers operating in the Great Lakes and appropriate to 
     the ice capability of the commercial vessel.
       (g) Public Report.--Not later than July 1 after the first 
     winter in which the Commandant is subject to the requirements 
     of section 564 of title 14, United States Code, the 
     Commandant shall publish on a publicly accessible internet 
     website of the Coast Guard a report on the cost to the Coast 
     Guard of meeting the requirements of that section.

     SEC. 5213. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.

       (a) In General.--The Commandant shall develop a plan to 
     expand snowmobile procurement for Coast Guard units at which 
     snowmobiles may improve ice rescue response times while 
     maintaining the safety of Coast Guard personnel engaged in 
     search and rescue. The plan must include consideration of 
     input from Officers in Charge, Commanding Officers, and 
     Commanders of impacted units.
       (b) Elements.--The plan required by subsection (a) shall 
     include--
       (1) a consideration of input from officers in charge, 
     commanding officers, and commanders of affected Coast Guard 
     units;
       (2) a detailed description of the estimated costs of 
     procuring, maintaining, and training members of the Coast 
     Guard at affected units to use snowmobiles; and
       (3) an assessment of--
       (A) the degree to which snowmobiles may improve ice rescue 
     response times while maintaining the safety of Coast Guard 
     personnel engaged in search and rescue;
       (B) the operational capabilities of a snowmobile, as 
     compared to an airboat, and a force laydown assessment with 
     respect to the assets needed for effective operations at 
     Coast Guard units conducting ice rescue activities; and
       (C) the potential risks to members of the Coast Guard and 
     members of the public posed by the use of snowmobiles by 
     members of the Coast Guard for ice rescue activities.
       (c) Public Availability.--Not later than 1 year after the 
     date of the enactment of this Act, the Commandant shall 
     finalize the plan required by subsection (a) and make the 
     plan available on a publicly accessible internet website of 
     the Coast Guard.

     SEC. 5214. GREAT LAKES BARGE INSPECTION EXEMPTION.

       Section 3302(m) of title 46, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``or a Great Lakes barge'' after ``seagoing barge''; and
       (2) by striking ``section 3301(6) of this title'' and 
     inserting ``paragraph (6) or (13) of section 3301 of this 
     title''.

     SEC. 5215. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION 
                   ASSETS TO MEET MISSION DEMANDS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on--
       (1) the force laydown of Coast Guard aviation assets; and
       (2) any geographic gaps in coverage by Coast Guard assets 
     in areas in which the Coast Guard has search and rescue 
     responsibilities.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The distance, time, and weather challenges that MH-65 
     and MH-60 units may face in reaching the outermost limits of 
     the area of operation of Coast Guard District 9 and Coast 
     Guard District 8 for which such units are responsible.
       (2) An assessment of the advantages that Coast Guard fixed-
     wing assets, or an alternate rotary wing asset, would offer 
     to the outermost limits of any area of operation for purposes 
     of search and rescue, law enforcement, ice operations, and 
     logistical missions.
       (3) A comparison of advantages and disadvantages of the 
     manner in which each of the Coast Guard fixed-wing aircraft 
     would operate in the outermost limits of any area of 
     operation.
       (4) A specific assessment of the coverage gaps, including 
     gaps in fixed-wing coverage, and potential solutions to 
     address such gaps in the area of operation of Coast Guard 
     District 9 and Coast Guard District 8, including the eastern 
     region of such area of operation with regard to Coast Guard 
     District 9 and the southern region of such area of operation 
     with regard to Coast Guard District 8.

                           Subtitle C--Arctic

     SEC. 5221. ESTABLISHMENT OF THE ARCTIC SECURITY CUTTER 
                   PROGRAM OFFICE.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Commandant shall establish a 
     program office for the acquisition of the Arctic Security 
     Cutter to expedite the evaluation of requirements and 
     initiate design of a vessel

[[Page S5953]]

     class critical to the national security of the United States.
       (b) Design Phase.--Not later than 270 days after the date 
     of the enactment of this Act, the Commandant shall initiate 
     the design phase of the Arctic Security Cutter vessel class.
       (c) Quarterly Briefings.--Not less frequently than 
     quarterly until the date on which the contract for 
     acquisition of the Arctic Security Cutter is awarded, the 
     Commandant shall provide a briefing to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the status of requirements evaluations, 
     design of the vessel, and schedule of the program.

     SEC. 5222. ARCTIC ACTIVITIES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Arctic.--The term ``Arctic'' has the meaning given such 
     term in section 112 of the Arctic Research and Policy Act of 
     1984 (15 U.S.C. 4111).
       (b) Arctic Operational Implementation Report.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Secretary of the department in which the Coast Guard is 
     operating shall submit a report to the appropriate committees 
     of Congress that describes the ability and timeline to 
     conduct a transit of the Northern Sea Route and periodic 
     transits of the Northwest Passage.

     SEC. 5223. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study on the Arctic operations 
     and infrastructure of the Coast Guard.
       (b) Elements.--The study required under subsection (a) 
     shall assess the following:
       (1) The extent of the collaboration between the Coast Guard 
     and the Department of Defense to assess, manage, and mitigate 
     security risks in the Arctic region.
       (2) Actions taken by the Coast Guard to manage risks to 
     Coast Guard operations, infrastructure, and workforce 
     planning in the Arctic.
       (3) The plans the Coast Guard has in place for managing and 
     mitigating the risks to commercial maritime operations and 
     the environment in the Arctic region.
       (c) Report.--Not later than 1 year after commencing the 
     study required under subsection (a), the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study.

         Subtitle D--Maritime Cyber and Artificial Intelligence

     SEC. 5231. ENHANCING MARITIME CYBERSECURITY.

       (a) Definitions.--In this section:
       (1) Cyber incident.--The term ``cyber incident''--
       (A) means an event occurring on or conducted through a 
     computer network that actually or imminently jeopardizes the 
     integrity, confidentiality, or availability of computers, 
     information or communications systems or networks, physical 
     or virtual infrastructure controlled by computers or 
     information systems, or information resident thereon; and
       (B) includes a vulnerability in an information system, 
     system security procedures, internal controls, or 
     implementation that could be exploited by a threat source.
       (2) Maritime operators.--The term ``maritime operators'' 
     means the owners or operators of vessels engaged in 
     commercial service, the owners or operators of port 
     facilities, and port authorities.
       (3) Significant cyber incident.--The term ``significant 
     cyber incident'' means a cyber incident that the Secretary of 
     Homeland Security determines is (or group of related cyber 
     incidents that together are) likely to result in demonstrable 
     harm to the national security interests, foreign relations, 
     or economy of the United States or to public confidence, 
     civil liberties, or public health and safety of the people of 
     the United States.
       (4) Port facilities.--The term ``port facilities'' has the 
     meaning given the term ``facility'' in section 70101 of title 
     46.
       (b) Public Availability of Cybersecurity Tools and 
     Resources.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Commandant, in coordination 
     with the Administrator of the Maritime Administration, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, and the Director of the National Institute of 
     Standards and Technology, shall identify and make available 
     to the public a list of tools and resources, including the 
     resources of the Coast Guard and the Cybersecurity and 
     Infrastructure Security Agency, designed to assist maritime 
     operators in identifying, detecting, protecting against, 
     responding to, and recovering from significant cyber 
     incidents.
       (2) Identification.--In carrying out paragraph (1), the 
     Commandant, the Administrator of the Maritime Administration, 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency, and the Director of the National Institute of 
     Standards and Technology shall identify tools and resources 
     that--
       (A) comply with the cybersecurity framework for improving 
     critical infrastructure established by the National Institute 
     of Standards and Technology; or
       (B) use the guidelines on maritime cyber risk management 
     issued by the International Maritime Organization on July 5, 
     2017 (or successor guidelines).
       (3) Consultation.--
       (A) In general.--The Commandant, the Administrator of the 
     Maritime Administration, the Director of the Cybersecurity 
     and Infrastructure Security Agency, and the Director of the 
     National Institute of Standards and Technology may consult 
     with maritime operators, other Federal agencies, industry 
     stakeholders, and cybersecurity experts to identify tools and 
     resources for purposes of this section.
       (B) Inapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     consultation described in subparagraph (A) or to any other 
     action in support of the implementation of this section.

     SEC. 5232. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND 
                   AUTONOMOUS CONTROL AND COMPUTER VISION 
                   TECHNOLOGY PROJECT.

       (a) In General.--Section 319 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 319. Unmanned system program and autonomous control 
       and computer vision technology project

       ``(a) Unmanned System Program.--The Secretary shall 
     establish, under the control of the Commandant, an unmanned 
     system program for the use by the Coast Guard of land-based, 
     cutter-based, and aircraft-based unmanned systems for the 
     purpose of increasing effectiveness and efficiency of mission 
     execution.
       ``(b) Autonomous Control and Computer Vision Technology 
     Project.--
       ``(1) In general.--The Commandant shall conduct a project 
     to retrofit 2 or more existing Coast Guard small boats 
     deployed at operational units with--
       ``(A) commercially available autonomous control and 
     computer vision technology; and
       ``(B) such sensors and methods of communication as are 
     necessary to control, and technology to assist in conducting, 
     search and rescue, surveillance, and interdiction missions.
       ``(2) Data collection.--As part of the project required by 
     paragraph (1), the Commandant shall collect and evaluate 
     field-collected operational data from the retrofit described 
     in that paragraph so as to inform future requirements.
       ``(3) Briefing.--Not later than 180 days after the date on 
     which the project required under paragraph (1) is completed, 
     the Commandant shall provide a briefing to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the project that includes an evaluation 
     of the data collected from the project.
       ``(c) Unmanned System Defined.--In this section, the term 
     `unmanned system' means--
       ``(1) an unmanned aircraft system (as defined in section 
     44801 of title 49, United States Code);
       ``(2) an unmanned marine surface system; and
       ``(3) an unmanned marine subsurface system.
       ``(d) Cost Assessment.--Not later than 1 year after the 
     date of the enactment of this Act, the Commandant shall 
     provide to Congress an estimate of the costs associated with 
     implementing the amendments made by this section.''.
       (b) Clerical Amendment.--The analysis for chapter 3 of 
     title 14, United States Code, is amended by striking the item 
     relating to section 319 and inserting the following:

``319. Unmanned system program and autonomous control and computer 
              vision technology project.''.

     SEC. 5233. ARTIFICIAL INTELLIGENCE STRATEGY.

       (a) Establishment of Activities.--
       (1) In general.--The Commandant shall establish a set of 
     activities to coordinate the efforts of the Coast Guard to 
     develop and mature artificial intelligence technologies and 
     transition such technologies into operational use where 
     appropriate.
       (2) Emphasis.--The set of activities established under 
     paragraph (1) shall--
       (A) apply artificial intelligence and machine-learning 
     solutions to operational and mission-support problems; and
       (B) coordinate activities involving artificial intelligence 
     and artificial intelligence-enabled capabilities within the 
     Coast Guard.
       (b) Designated Official.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant shall designate a 
     senior official of the Coast Guard (referred to in this 
     section as the ``designated official'') with the principal 
     responsibility for the coordination of activities relating to 
     the development and demonstration of artificial intelligence 
     and machine learning for the Coast Guard.
       (2) Duties.--
       (A) Strategic plan.--
       (i) In general.--The designated official shall develop a 
     detailed strategic plan to develop, mature, adopt, and 
     transition artificial intelligence technologies into 
     operational use where appropriate.
       (ii) Elements.--The plan required by clause (i) shall 
     include the following:

[[Page S5954]]

       (I) A strategic roadmap for the identification and 
     coordination of the development and fielding of artificial 
     intelligence technologies and key enabling capabilities.
       (II) The continuous evaluation and adaptation of relevant 
     artificial intelligence capabilities developed by the Coast 
     Guard and by other organizations for military missions and 
     business operations.

       (iii) Coordination.--In developing the plan required by 
     clause (i), the designated official shall coordinate and 
     engage with the Secretary of Defense and the Chief Digital 
     and Artificial Intelligence Office.
       (iv) Submission to commandant.--Not later than 2 years 
     after the date of the enactment of this Act, the designated 
     official shall submit to the Commandant the plan developed 
     under clause (i).
       (B) Governance and oversight of artificial intelligence and 
     machine learning policy.--The designated official shall 
     regularly convene appropriate officials of the Coast Guard--
       (i) to integrate the functional activities of the Coast 
     Guard with respect to artificial intelligence and machine 
     learning;
       (ii) to ensure that there are efficient and effective 
     artificial intelligence and machine-learning capabilities 
     throughout the Coast Guard; and
       (iii) to develop and continuously improve research, 
     innovation, policy, joint processes, and procedures to 
     facilitate the development, acquisition, integration, 
     advancement, oversight, and sustainment of artificial 
     intelligence and machine learning throughout the Coast Guard.
       (c) Acceleration of Development and Fielding of Artificial 
     Intelligence.--To the extent practicable, the Commandant, in 
     conjunction with the Secretary of Defense and the Chief 
     Digital and Artificial Intelligence Office, shall--
       (1) use the flexibility of regulations, personnel, 
     acquisition, partnerships with industry and academia, or 
     other relevant policies of the Coast Guard to accelerate the 
     development and fielding of artificial intelligence 
     capabilities;
       (2) ensure engagement with defense and private industries, 
     research universities, and unaffiliated, nonprofit research 
     institutions;
       (3) provide technical advice and support to entities in the 
     Coast Guard to optimize the use of artificial intelligence 
     and machine-learning technologies to meet Coast Guard 
     missions;
       (4) support the development of requirements for artificial 
     intelligence capabilities that address the highest priority 
     capability gaps of the Coast Guard and technical feasibility;
       (5) develop and support capabilities for technical analysis 
     and assessment of threat capabilities based on artificial 
     intelligence;
       (6) identify the workforce and capabilities needed to 
     support the artificial intelligence capabilities and 
     requirements of the Coast Guard;
       (7) develop classification guidance for all artificial 
     intelligence-related activities of the Coast Guard;
       (8) work with appropriate officials to develop appropriate 
     ethical, legal, and other policies for the Coast Guard 
     governing the development and use of artificial intelligence-
     enabled systems and technologies in operational situations; 
     and
       (9) ensure--
       (A) that artificial intelligence programs of the Coast 
     Guard are consistent with this section; and
       (B) appropriate coordination of artificial intelligence 
     activities of the Coast Guard with interagency, industry, and 
     international efforts relating to artificial intelligence, 
     including relevant participation in standards-setting bodies.
       (d) Interim Strategic Plan.--
       (1) In general.--The Commandant shall develop a strategic 
     plan to develop, mature, adopt, and transition artificial 
     intelligence technologies into operational use where 
     appropriate, that is informed by the plan developed by the 
     designated official under subsection (b)(2)(A).
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) Each element described in clause (ii) of subsection 
     (b)(2)(A).
       (B) A consideration of the identification, adoption, and 
     procurement of artificial intelligence technologies for use 
     in operational and mission support activities.
       (3) Coordination.--In developing the plan required by 
     paragraph (1), the Commandant shall coordinate and engage 
     with the Secretary of Defense, the Chief Digital and 
     Artificial Intelligence Office, defense and private 
     industries, research universities, and unaffiliated, 
     nonprofit research institutions.
       (4) Submission to congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Commandant shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives the plan developed under paragraph (1).

     SEC. 5234. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND 
                   ESTABLISHMENT OF PERFORMANCE METRICS.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Commandant shall--
       (1) review the potential applications of artificial 
     intelligence and digital technology to the platforms, 
     processes, and operations of the Coast Guard;
       (2) identify the resources necessary to improve the use of 
     artificial intelligence and digital technology in such 
     platforms, processes, and operations; and
       (3) establish performance objectives and accompanying 
     metrics for the incorporation of artificial intelligence and 
     digital readiness into such platforms, processes, and 
     operations.
       (b) Performance Objectives and Accompanying Metrics.--
       (1) Skill gaps.--In carrying out subsection (a), the 
     Commandant shall--
       (A) conduct a comprehensive review and assessment of--
       (i) skill gaps in the fields of software development, 
     software engineering, data science, and artificial 
     intelligence;
       (ii) the qualifications of civilian personnel needed for 
     both management and specialist tracks in such fields; and
       (iii) the qualifications of military personnel (officer and 
     enlisted) needed for both management and specialist tracks in 
     such fields; and
       (B) establish recruiting, training, and talent management 
     performance objectives and accompanying metrics for achieving 
     and maintaining staffing levels needed to fill identified 
     gaps and meet the needs of the Coast Guard for skilled 
     personnel.
       (2) AI modernization activities.--In carrying out 
     subsection (a), the Commandant, with support from the 
     Director of the Joint Artificial Intelligence Center, shall--
       (A) assess investment by the Coast Guard in artificial 
     intelligence innovation, science and technology, and research 
     and development;
       (B) assess investment by the Coast Guard in test and 
     evaluation of artificial intelligence capabilities;
       (C) assess the integration of, and the resources necessary 
     to better use artificial intelligence in wargames, exercises, 
     and experimentation;
       (D) assess the application of, and the resources necessary 
     to better use, artificial intelligence in logistics and 
     sustainment systems;
       (E) assess the integration of, and the resources necessary 
     to better use, artificial intelligence for administrative 
     functions;
       (F) establish performance objectives and accompanying 
     metrics for artificial intelligence modernization activities 
     of the Coast Guard; and
       (G) identify the resources necessary to effectively use 
     artificial intelligence to carry out the missions of the 
     Coast Guard.
       (c) Report to Congress.--Not later than 180 days after the 
     completion of the review required by subsection (a)(1), the 
     Commandant shall submit to the Committee on Commerce, 
     Science, and Transportation and the Committee on 
     Appropriations of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives a report on--
       (1) the findings of the Commandant with respect to such 
     review and any action taken or proposed to be taken by the 
     Commandant, and the resources necessary to address such 
     findings;
       (2) the performance objectives and accompanying metrics 
     established under subsections (a)(3) and (b)(1)(B); and
       (3) any recommendation with respect to proposals for 
     legislative change necessary to successfully implement 
     artificial intelligence applications within the Coast Guard.

     SEC. 5235. CYBER DATA MANAGEMENT.

       (a) In General.--The Commandant, in coordination with the 
     Commander of United States Cyber Command, and the Director of 
     the Cybersecurity and Infrastructure Security Agency, shall--
       (1) develop policies, processes, and operating procedures 
     governing--
       (A) access to and the ingestion, structure, storage, and 
     analysis of information and data relevant to the Coast Guard 
     Cyber Mission, including--
       (i) intelligence data relevant to Coast Guard missions;
       (ii) internet traffic, topology, and activity data relevant 
     to such missions; and
       (iii) cyber threat information relevant to such missions; 
     and
       (B) data management and analytic platforms relating to such 
     missions; and
       (2) evaluate data management platforms referred to in 
     paragraph (1)(B) to ensure that such platforms operate 
     consistently with the Coast Guard Data Strategy.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that includes--
       (1) an assessment of the progress on the activities 
     required by subsection (a); and
       (2) any recommendation with respect to funding or 
     additional authorities necessary, including proposals for 
     legislative change, to improve Coast Guard cyber data 
     management.

     SEC. 5236. DATA MANAGEMENT.

       The Commandant shall develop data workflows and processes 
     for the leveraging of mission-relevant data by the Coast 
     Guard to enhance operational effectiveness and efficiency.

     SEC. 5237. STUDY ON CYBER THREATS TO THE UNITED STATES MARINE 
                   TRANSPORTATION SYSTEM.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act,

[[Page S5955]]

     the Comptroller General of the United States shall commence a 
     study on cyber threats to the United States marine 
     transportation system.
       (b) Elements.--The study required by paragraph (1) shall 
     assess the following:
       (1) The extent to which the Coast Guard, in collaboration 
     with other Federal agencies, sets standards for the 
     cybersecurity of facilities and vessels regulated under parts 
     104, 105, or 106 of title 33 of the Code of Federal 
     Regulations, as in effect on the date of the enactment of 
     this Act.
       (2) The manner in which the Coast Guard ensures 
     cybersecurity standards are followed by port, vessel, and 
     facility owners and operators.
       (3) The extent to which maritime sector-specific planning 
     addresses cybersecurity, particularly for vessels and 
     offshore platforms.
       (4) The manner in which the Coast Guard, other Federal 
     agencies, and vessel and offshore platform operators exchange 
     information regarding cyber risks.
       (5) The extent to which the Coast Guard is developing and 
     deploying cybersecurity specialists in port and vessel 
     systems and collaborating with the private sector to increase 
     the expertise of the Coast Guard with respect to 
     cybersecurity.
       (6) The cyber resource and workforce needs of the Coast 
     Guard necessary to meet future mission demands.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Comptroller General 
     shall submit a report on the findings of the study to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       (d) Definition of Facility.--In this section the term 
     ``facility'' has the meaning given the term in section 70101 
     of title 46, United States Code.

                          Subtitle E--Aviation

     SEC. 5241. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: 
                   PROGRAM AUTHORIZATION AND ELIGIBLE RECIPIENTS.

       (a) In General.--Subchapter I of chapter 5 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 509. Space-available travel on Coast Guard aircraft

       ``(a)(1) The Coast Guard may establish a program to provide 
     transportation on Coast Guard aircraft on a space-available 
     basis to the categories of eligible individuals described in 
     subsection (c) (in this section referred to as the 
     `program').
       ``(2) Not later than 1 year after the date on which the 
     program is established, the Commandant shall develop a policy 
     for its operation.
       ``(b)(1) The Commandant shall operate the program in a 
     budget-neutral manner.
       ``(2)(A) Except as provided in subparagraph (B), no 
     additional funds may be used, or flight hours performed, for 
     the purpose of providing transportation under the program.
       ``(B) The Commandant may make de minimis expenditures of 
     resources required for the administrative aspects of the 
     program.
       ``(3) Eligible individuals described in subsection (c) 
     shall not be required to reimburse the Coast Guard for travel 
     provided under this section.
       ``(c) Subject to subsection (d), the categories of eligible 
     individuals described in this subsection are the following:
       ``(1) Members of the armed forces on active duty.
       ``(2) Members of the Selected Reserve who hold a valid 
     Uniformed Services Identification and Privilege Card.
       ``(3) Retired members of a regular or reserve component of 
     the armed forces, including retired members of reserve 
     components who, but for being under the eligibility age 
     applicable under section 12731 of title 10, would be eligible 
     for retired pay under chapter 1223 of title 10.
       ``(4) Subject to subsection (f), veterans with a permanent 
     service-connected disability rated as total.
       ``(5) Such categories of dependents of individuals 
     described in paragraphs (1) through (3) as the Commandant 
     shall specify in the policy under subsection (a)(2), under 
     such conditions and circumstances as the Commandant shall 
     specify in such policy.
       ``(6) Such other categories of individuals as the 
     Commandant, in the discretion of the Commandant, considers 
     appropriate.
       ``(d) In operating the program, the Commandant shall--
       ``(1) in the sole discretion of the Commandant, establish 
     an order of priority for transportation for categories of 
     eligible individuals that is based on considerations of 
     military necessity, humanitarian concerns, and enhancement of 
     morale;
       ``(2) give priority in consideration of transportation to 
     the demands of members of the armed forces in the regular 
     components and in the reserve components on active duty and 
     to the need to provide such members, and their dependents, a 
     means of respite from such demands; and
       ``(3) implement policies aimed at ensuring cost control (as 
     required by subsection (b)) and the safety, security, and 
     efficient processing of travelers, including limiting the 
     benefit under the program to 1 or more categories of 
     otherwise eligible individuals, as the Commandant considers 
     necessary.
       ``(e)(1) Notwithstanding subsection (d)(1), in establishing 
     space-available transportation priorities under the program, 
     the Commandant shall provide transportation for an individual 
     described in paragraph (2), and a single dependent of the 
     individual if needed to accompany the individual, at a 
     priority level in the same category as the priority level for 
     an unaccompanied dependent over the age of 18 years traveling 
     on environmental and morale leave.
       ``(2) Subject to paragraph (3), paragraph (1) applies with 
     respect to an individual described in subsection (c)(3) who--
       ``(A) resides in or is located in a Commonwealth or 
     possession of the United States; and
       ``(B) is referred by a military or civilian primary care 
     provider located in that Commonwealth or possession to a 
     specialty care provider for services to be provided outside 
     of that Commonwealth or possession.
       ``(3) If an individual described in subsection (c)(3) is a 
     retired member of a reserve component who is ineligible for 
     retired pay under chapter 1223 of title 10 by reason of being 
     under the eligibility age applicable under section 12731 of 
     title 10, paragraph (1) applies to the individual only if the 
     individual is also enrolled in the TRICARE program for 
     certain members of the Retired Reserve authorized under 
     section 1076e of title 10.
       ``(4) The priority for space-available transportation 
     required by this subsection applies with respect to--
       ``(A) the travel from the Commonwealth or possession of the 
     United States to receive the specialty care services; and
       ``(B) the return travel.
       ``(5) In this subsection, the terms `primary care provider' 
     and `specialty care provider' refer to a medical or dental 
     professional who provides health care services under chapter 
     55 of title 10.
       ``(f)(1) Travel may not be provided under this section to a 
     veteran eligible for travel pursuant to paragraph (4) of 
     subsection (c) in priority over any member eligible for 
     travel under paragraph (1) of that subsection or any 
     dependent of such a member eligible for travel under this 
     section.
       ``(2) Subsection (c)(4) may not be construed as--
       ``(A) affecting or in any way imposing on the Coast Guard, 
     any armed force, or any commercial entity with which the 
     Coast Guard or an armed force contracts, an obligation or 
     expectation that the Coast Guard or such armed force will 
     retrofit or alter, in any way, military aircraft or 
     commercial aircraft, or related equipment or facilities, used 
     or leased by the Coast Guard or such armed force to 
     accommodate passengers provided travel under such authority 
     on account of disability; or
       ``(B) preempting the authority of an aircraft commander to 
     determine who boards the aircraft and any other matters in 
     connection with safe operation of the aircraft.
       ``(g) The authority to provide transportation under the 
     program is in addition to any other authority under law to 
     provide transportation on Coast Guard aircraft on a space-
     available basis.''.
       (b) Clerical Amendment.--The analysis for subchapter I of 
     chapter 5 of title 14, United States Code, is amended by 
     adding at the end the following:

``509. Space-available travel on Coast Guard aircraft.''.

     SEC. 5242. REPORT ON COAST GUARD AIR STATION BARBERS POINT 
                   HANGAR.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Appropriations of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives a report on 
     facilities requirements for constructing a hangar at Coast 
     Guard Air Station Barbers Point at Oahu, Hawaii.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the $45,000,000 phase one design for 
     the hangar at Coast Guard Air Station Barbers Point funded by 
     the Consolidated Appropriations Act, 2021 (Public Law 116-
     260; 134 Stat. 1132).
       (2) An evaluation of the full facilities requirements for 
     such hangar to house, maintain, and operate the MH-65 and HC-
     130J, including--
       (A) storage and provision of fuel; and
       (B) maintenance and parts storage facilities.
       (3) An evaluation of facilities growth requirements for 
     possible future basing of the MH-60 with the C-130J at Coast 
     Guard Air Station Barbers Point.
       (4) A description of and cost estimate for each project 
     phase for the construction of such hangar.
       (5) A description of the plan for sheltering in the hangar 
     during extreme weather events aircraft of the Coast Guard and 
     partner agencies, such as the National Oceanic and 
     Atmospheric Administration.
       (6) A description of the risks posed to operations at Coast 
     Guard Air Station Barbers Point if future project phases for 
     the construction of such hangar are not funded.

     SEC. 5243. STUDY ON THE OPERATIONAL AVAILABILITY OF COAST 
                   GUARD AIRCRAFT AND STRATEGY FOR COAST GUARD 
                   AVIATION.

       (a) Study.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study on the operational 
     availability of Coast Guard aircraft.

[[Page S5956]]

       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) An assessment of --
       (i) the extent to which the fixed-wing and rotary-wing 
     aircraft of the Coast Guard have met annual operational 
     availability targets in recent years;
       (ii) the challenges the Coast Guard may face with respect 
     to such aircraft meeting operational availability targets, 
     and the effects of such challenges on the Coast Guard's 
     ability to meet mission requirements; and
       (iii) the status of Coast Guard efforts to upgrade or 
     recapitalize its fleet of such aircraft to meet growth in 
     future mission demands globally, such as in the Western 
     Hemisphere, the Arctic region, and the Western Pacific 
     region.
       (B) Any recommendation with respect to the operational 
     availability of Coast Guard aircraft.
       (C) The resource and workforce requirements necessary for 
     Coast Guard Aviation to meet current and future mission 
     demands specific to each rotary-wing and fixed-wing airframe 
     type in the current inventory of the Coast Guard.
       (3) Report.--On completion of the study required by 
     paragraph (1), the Comptroller General shall submit to the 
     Commandant a report on the findings of the study.
       (b) Coast Guard Aviation Strategy.--
       (1) In general.--Not later than 180 days after the date on 
     which the study under subsection (a) is completed, the 
     Commandant shall develop a comprehensive strategy for Coast 
     Guard Aviation that is informed by the relevant 
     recommendations and findings of the study.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include the following:
       (A) With respect to aircraft of the Coast Guard--
       (i) an analysis of--

       (I) the current and future operations and future resource 
     needs; and
       (II) the manner in which such future needs are integrated 
     with the Future Vertical Lift initiatives of the Department 
     of Defense; and

       (ii) an estimated timeline with respect to when such future 
     needs will arise.
       (B) The projected number of aviation assets, the locations 
     at which such assets are to be stationed, the cost of 
     operation and maintenance of such assets, and an assessment 
     of the capabilities of such assets as compared to the 
     missions they are expected to execute, at the completion of 
     major procurement and modernization plans.
       (C) A procurement plan, including an estimated timetable 
     and the estimated appropriations necessary for all platforms, 
     including unmanned aircraft.
       (D) A training plan for pilots and aircrew that addresses--
       (i) the use of simulators owned and operated by the Coast 
     Guard, and simulators that are not owned or operated by the 
     Coast Guard, including any such simulators based outside the 
     United States; and
       (ii) the costs associated with attending training courses.
       (E) Current and future requirements for cutter and land-
     based deployment of aviation assets globally, including in 
     the Arctic, the Eastern Pacific, the Western Pacific, the 
     Caribbean, the Atlantic Basin, and any other area the 
     Commandant considers appropriate.
       (F) A description of the feasibility of deploying, and the 
     resource requirements necessary to deploy, rotary-winged 
     assets onboard all future Arctic cutter patrols.
       (G) An evaluation of current and future facilities needs 
     for Coast Guard aviation units.
       (H) An evaluation of pilot and aircrew training and 
     retention needs, including aviation career incentive pay, 
     retention bonuses, and any other workforce tools the 
     Commandant considers necessary.
       (3) Briefing.--Not later than 180 days after the date on 
     which the strategy required by paragraph (1) is completed, 
     the Commandant shall provide to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a briefing on the strategy.

                    Subtitle F--Workforce Readiness

     SEC. 5251. AUTHORIZED STRENGTH.

       Section 3702 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(c) The Secretary may vary the authorized end strength of 
     the Selected Reserve of the Coast Guard Reserve for a fiscal 
     year by a number equal to not more than 3 percent of such end 
     strength upon a determination by the Secretary that such a 
     variation is in the national interest.
       ``(d) The Commandant may increase the authorized end 
     strength of the Selected Reserve of the Coast Guard Reserve 
     by a number equal to not more than 2 percent of such 
     authorized end strength upon a determination by the 
     Commandant that such an increase would enhance manning and 
     readiness in essential units or in critical specialties or 
     ratings.''.

     SEC. 5252. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY 
                   PROMOTION LIST.

       (a) Maximum Number of Officers.--Section 2103(a) of title 
     14, United States Code, is amended to read as follows:
       ``(a) Maximum Total Number.--
       ``(1) In general.--The total number of Coast Guard 
     commissioned officers on the active duty promotion list, 
     excluding warrant officers, shall not exceed 7,400.
       ``(2) Temporary increase.--Notwithstanding paragraph (1), 
     the Commandant may temporarily increase the total number of 
     commissioned officers permitted under that paragraph by up to 
     4 percent for not more than 60 days after the date of the 
     commissioning of a Coast Guard Academy class.
       ``(3) Notification.--If the Commandant increases pursuant 
     to paragraph (2) the total number of commissioned officers 
     permitted under paragraph (1), the Commandant shall notify 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives of the number of officers on 
     the active duty promotion list on the last day of the 
     preceding 30-day period--
       ``(A) not later than 30 days after such increase; and
       ``(B) every 30 days thereafter until the total number of 
     commissioned officers no longer exceeds the total number of 
     commissioned officers permitted under paragraph (1).''.
       (b) Officers Not on Active Duty Promotion List.--
       (1) In general.--Chapter 51 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5113. Officers not on active duty promotion list

       ``Not later than 60 days after the date on which the 
     President submits to Congress a budget pursuant to section 
     1105(a) of title 31, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives the number of Coast Guard 
     officers who are serving at other Federal agencies on a 
     reimbursable basis, and the number of Coast Guard officers 
     who are serving at other Federal agencies on a non-
     reimbursable basis but are not on the active duty promotion 
     list.''.
       (2) Clerical amendment.--The analysis for chapter 51 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``5113. Officers not on active duty promotion list.''.

     SEC. 5253. CONTINUATION ON ACTIVE DUTY OF OFFICERS WITH 
                   CRITICAL SKILLS.

       (a) In General.--Subchapter II of chapter 21 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 2166. Continuation on active duty of officers with 
       critical skills

       ``(a) In General.--The Commandant may authorize an officer 
     in any grade above grade O-2 to remain on active duty after 
     the date otherwise provided for the retirement of the officer 
     in section 2154 of this title if the officer possesses a 
     critical skill or specialty or is in a career field 
     designated pursuant to subsection (b).
       ``(b) Critical Skill, Specialty, or Career Field.--The 
     Commandant shall designate 1 or more critical skills, 
     specialties, or career fields for purposes of subsection (a).
       ``(c) Duration of Continuation.--An officer continued on 
     active duty pursuant to this section shall, if not earlier 
     retired, be retired on the first day of the month after the 
     month in which the officer completes 40 years of active 
     service.
       ``(d) Policy.--The Commandant shall carry out this section 
     by prescribing policy that specifies the criteria to be used 
     in designating any critical skill, specialty, or career field 
     for purposes of subsection (b).''.
       (b) Clerical Amendment.--The analysis for subchapter II of 
     chapter 21 of title 14, United States Code, is amended by 
     adding at the end the following:

``2166. Continuation on active duty of officers with critical 
              skills.''.

     SEC. 5254. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.

       (a) Authority To Provide Assignment Pay or Special Duty 
     Pay.--The Secretary of the department in which the Coast 
     Guard is operating may provide assignment pay or special duty 
     pay under section 352 of title 37, United States Code, to a 
     member of the Coast Guard serving in a prevention position 
     and assigned as a marine inspector or marine investigator 
     pursuant to section 312 of title 14, United States Code.
       (b) Annual Briefing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of the department in which the Coast Guard is 
     operating shall provide to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a briefing on any uses of the authority under 
     subsection (a) during the preceding year.
       (2) Elements.--Each briefing required by paragraph (1) 
     shall include the following:
       (A) The number of members of the Coast Guard serving as 
     marine inspectors or marine investigators pursuant to section 
     312 of title 14, United States Code, who are receiving 
     assignment pay or special duty pay under section 352 of title 
     37, United States Code.
       (B) An assessment of the impact of the use of the authority 
     under this section on the effectiveness and efficiency of the 
     Coast Guard in administering the laws and regulations for the 
     promotion of safety of life and property on and under the 
     high seas and waters subject to the jurisdiction of the 
     United States.
       (C) An assessment of the effects of assignment pay and 
     special duty pay on retention of marine inspectors and 
     investigators.
       (D) If the authority provided in subsection (a) is not 
     exercised, a detailed justification

[[Page S5957]]

     for not exercising such authority, including an explanation 
     of the efforts the Secretary of the department in which the 
     Coast Guard is operating is taking to ensure that the Coast 
     Guard workforce contains an adequate number of qualified 
     marine inspectors.
       (c) Study.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating, in coordination with the 
     Director of the National Institute for Occupational Safety 
     and Health, shall conduct a study on the health of marine 
     inspectors and marine investigators who have served in such 
     positions for a period of not less than least 10 years.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) An evaluation of--
       (i) the daily vessel inspection duties of marine inspectors 
     and marine investigators, including the examination of 
     internal cargo tanks and voids and new construction 
     activities;
       (ii) major incidents to which marine inspectors and marine 
     investigators have had to respond, and any other significant 
     incident, such as a vessel casualty, that has resulted in the 
     exposure of marine inspectors and marine investigators to 
     hazardous chemicals or substances; and
       (iii) the types of hazardous chemicals or substances to 
     which marine inspectors and marine investigators have been 
     exposed relative to the effects such chemicals or substances 
     have had on marine inspectors and marine investigators.
       (B) A review and analysis of the current Coast Guard health 
     and safety monitoring systems, and recommendations for 
     improving such systems, specifically with respect to the 
     exposure of members of the Coast Guard to hazardous 
     substances while carrying out inspections and investigation 
     duties.
       (C) Any other element the Secretary of the department in 
     which the Coast Guard is operating considers appropriate.
       (3) Report.--On completion of the study required by 
     paragraph (1), the Secretary of the department in which the 
     Coast Guard is operating shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the findings of the study and 
     recommendations for actions the Commandant should take to 
     improve the health and exposure of marine inspectors and 
     marine investigators.
       (d) Termination.--The authority provided by subsection (a) 
     shall terminate on December 31, 2027, unless the study 
     required by subsection (c) is completed and submitted as 
     required by that subsection.

     SEC. 5255. EXPANSION OF THE ABILITY FOR SELECTION BOARD TO 
                   RECOMMEND OFFICERS OF PARTICULAR MERIT FOR 
                   PROMOTION.

       Section 2116(c)(1) of title 14, United States Code, is 
     amended, in the second sentence, by inserting ``three times'' 
     after ``may not exceed''.

     SEC. 5256. PAY AND ALLOWANCES FOR CERTAIN MEMBERS OF THE 
                   COAST GUARD DURING FUNDING GAP.

       (a) In General.--During a funding gap, the Secretary of the 
     Treasury shall make available to the Secretary of Homeland 
     Security, out of any amounts in the general fund of the 
     Treasury not otherwise appropriated, such amounts as the 
     Secretary of Homeland Security determines to be necessary to 
     continue to provide, without interruption, during the funding 
     gap such sums as are necessary for--
       (1) pay and allowances to members of the Coast Guard, 
     including reserve components thereof, who perform active 
     service;
       (2) the payment of a death gratuity under sections 1475 
     through 1477 and 1489 of title 10, United States Code, with 
     respect to members of the Coast Guard;
       (3) the payment or reimbursement of authorized funeral 
     travel and travel related to the dignified transfer of 
     remains and unit memorial services under section 481f of 
     title 37, United States Code, with respect to members of the 
     Coast Guard; and
       (4) the temporary continuation of a basic allowance for 
     housing for dependents of members of the Coast Guard dying on 
     active duty, as authorized by section 403(l) of title 37, 
     United States Code.
       (b) Funding Gap Defined.--In this section, the term 
     ``funding gap'' means any period after the beginning of a 
     fiscal year for which interim or full-year appropriations for 
     the personnel accounts of the Coast Guard have not been 
     enacted.

     SEC. 5257. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.

       (a) In General.--Section 2772 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 2772. Education loan repayment program: members on 
       active duty in specified military specialties

       ``(a)(1) Subject to the provisions of this section, the 
     Secretary may repay--
       ``(A) any loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.);
       ``(B) any loan made under part D of such title (the William 
     D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et 
     seq.);
       ``(C) any loan made under part E of such title (20 U.S.C. 
     1087aa et seq.); or
       ``(D) any loan incurred for educational purposes made by a 
     lender that is--
       ``(i) an agency or instrumentality of a State;
       ``(ii) a financial or credit institution (including an 
     insurance company) that is subject to examination and 
     supervision by an agency of the United States or any State;
       ``(iii) a pension fund approved by the Secretary for 
     purposes of this section; or
       ``(iv) a nonprofit private entity designated by a State, 
     regulated by such State, and approved by the Secretary for 
     purposes of this section.
       ``(2) Repayment of any such loan shall be made on the basis 
     of each complete year of service performed by the borrower.
       ``(3) The Secretary may repay loans described in paragraph 
     (1) in the case of any person for service performed on active 
     duty as a member in an officer program or military specialty 
     specified by the Secretary.
       ``(b) The portion or amount of a loan that may be repaid 
     under subsection (a) is 33\1/3\ percent or $1,500, whichever 
     is greater, for each year of service.
       ``(c) If a portion of a loan is repaid under this section 
     for any year, interest on the remainder of such loan shall 
     accrue and be paid in the same manner as is otherwise 
     required.
       ``(d) Nothing in this section shall be construed to 
     authorize refunding any repayment of a loan.
       ``(e) A person who transfers from service making the person 
     eligible for repayment of loans under this section (as 
     described in subsection (a)(3)) to service making the person 
     eligible for repayment of loans under section 16301 of title 
     10 (as described in subsection (a)(2) or (g) of that section) 
     during a year shall be eligible to have repaid a portion of 
     such loan determined by giving appropriate fractional credit 
     for each portion of the year so served, in accordance with 
     regulations of the Secretary concerned.
       ``(f) The Secretary shall prescribe a schedule for the 
     allocation of funds made available to carry out the 
     provisions of this section and section 16301 of title 10 
     during any year for which funds are not sufficient to pay the 
     sum of the amounts eligible for repayment under subsection 
     (a) and section 16301(a) of title 10.
       ``(g) Except a person described in subsection (e) who 
     transfers to service making the person eligible for repayment 
     of loans under section 16301 of title 10, a member of the 
     Coast Guard who fails to complete the period of service 
     required to qualify for loan repayment under this section 
     shall be subject to the repayment provisions of section 
     303a(e) or 373 of title 37.
       ``(h) The Secretary may prescribe procedures for 
     implementing this section, including standards for qualified 
     loans and authorized payees and other terms and conditions 
     for making loan repayments. Such regulations may include 
     exceptions that would allow for the payment as a lump sum of 
     any loan repayment due to a member under a written agreement 
     that existed at the time of a member's death or 
     disability.''.
       (b) Clerical Amendment.--The analysis for subchapter III of 
     chapter 27 of title 14, United States Code, is amended by 
     striking the item relating to section 2772 and inserting the 
     following:

``2772. Education loan repayment program: members on active duty in 
              specified military specialties.''.

     SEC. 5258. RETIREMENT OF VICE COMMANDANT.

       Section 303 of title 14, United States Code, is amended--
       (1) by amending subsection (a)(2) to read as follows:
       ``(2) A Vice Commandant who is retired while serving as 
     Vice Commandant, after serving not less than 2 years as Vice 
     Commandant, shall be retired with the grade of admiral, 
     except as provided in section 306(d).''; and
       (2) in subsection (c), by striking ``or Vice Commandant'' 
     and inserting ``or as an officer serving as Vice Commandant 
     who has served less than 2 years as Vice Commandant''.

     SEC. 5259. REPORT ON RESIGNATION AND RETIREMENT PROCESSING 
                   TIMES AND DENIAL.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Commandant shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, a report that evaluates resignation and 
     retirement processing timelines.
       (b) Elements.--The report required by subsection (a) shall 
     include the following for the preceding calendar year--
       (1) statistics on the number of resignations, retirements, 
     and other separations that occurred;
       (2) the processing time for each action described in 
     paragraph (1);
       (3) the percentage of requests for such actions that had a 
     command endorsement;
       (4) the percentage of requests for such actions that did 
     not have a command endorsement; and
       (5) for each denial of a request for a command endorsement 
     and each failure to take action on such a request, a detailed 
     description of the rationale for such denial or failure to 
     take such action.

     SEC. 5260. CALCULATION OF ACTIVE SERVICE.

       Any service in the Armed Forces described in writing, 
     including by electronic communication, before the date of the 
     enactment of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283; 
     134 Stat. 3388), by a representative of the Coast Guard 
     Personnel

[[Page S5958]]

     Service Center, as service that counts toward total active 
     service for the purpose of retirement under section 2152 of 
     title 14, United States Code, shall be considered by the 
     President as active service for purposes of applying such 
     section with respect to the determination of the retirement 
     qualification for any officer to whom a description was 
     provided.

     SEC. 5261. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE 
                   REVIEW.

       (a) Study.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall complete a study on the Coast Guard 
     Physical Disability Evaluation System and medical retirement 
     procedures.
       (2) Elements.--The study required by paragraph (1) shall 
     review, and provide recommendations to address, the 
     following:
       (A) Coast Guard compliance with all applicable laws, 
     regulations, and policies relating to the Physical Disability 
     Evaluation System and the Medical Evaluation Board.
       (B) Coast Guard compliance with timelines set forth in--
       (i) the instruction of the Commandant entitled ``Physical 
     Disability Evaluation System'' issued on May 19, 2006 
     (COMDTNST M1850.2D); and
       (ii) the Physical Disability Evaluation System Transparency 
     Initiative (ALCGPSC 030/20).
       (C) An evaluation of Coast Guard processes in place to 
     ensure the availability, consistency, and effectiveness of 
     counsel appointed by the Coast Guard Office of the Judge 
     Advocate General to represent members of the Coast Guard 
     undergoing an evaluation under the Physical Disability 
     Evaluation System.
       (D) The extent to which the Coast Guard has and uses 
     processes to ensure that such counsel may perform their 
     functions in a manner that is impartial, including being able 
     to perform their functions without undue pressure or 
     interference by the command of the affected member of the 
     Coast Guard, the Personnel Service Center, and the United 
     States Coast Guard Office of the Judge Advocate General.
       (E) The frequency with which members of the Coast Guard 
     seek private counsel in lieu of counsel appointed by the 
     Coast Guard Office of the Judge Advocate General, and the 
     frequency of so doing at each member pay grade.
       (F) The timeliness of determinations, guidance, and access 
     to medical evaluations necessary for retirement or rating 
     determinations and overall well-being of the affected member 
     of the Coast Guard.
       (G) The guidance, formal or otherwise, provided by the 
     Personnel Service Center and the Coast Guard Office of the 
     Judge Advocate General, other than the counsel directly 
     representing affected members of the Coast Guard, in 
     communication with medical personnel examining members.
       (H) The guidance, formal or otherwise, provided by the 
     medical professionals reviewing cases within the Physical 
     Disability Evaluation System to affected members of the Coast 
     Guard, and the extent to which such guidance is disclosed to 
     the commanders, commanding officers, or other members of the 
     Coast Guard in the chain of command of such affected members.
       (I) The feasibility of establishing a program to allow 
     members of the Coast Guard to select an expedited review to 
     ensure completion of the Medical Evaluation Board report not 
     later than 180 days after the date on which such review was 
     initiated.
       (b) Report.--The Comptroller General shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the findings of 
     the study conducted under subsection (a) and recommendations 
     for improving the physical disability evaluation system 
     process.
       (c) Updated Policy Guidance.--
       (1) In general.--Not later than 180 days after the date on 
     which the report under subsection (b) is submitted, the 
     Commandant shall issue updated policy guidance in response to 
     the findings and recommendations contained in the report.
       (2) Elements.--The updated policy guidance required by 
     paragraph (1) shall include the following:
       (A) A requirement that a member of the Coast Guard, or the 
     counsel of such a member, shall be informed of the contents 
     of, and afforded the option to be present for, any 
     communication between the member's command and the Personnel 
     Service Center, or other Coast Guard entity, with respect to 
     the duty status of the member.
       (B) An exception to the requirement described in 
     subparagraph (A) that such a member or the counsel of the 
     member is not required to be informed of the contents of such 
     a communication if it is demonstrated that there is a 
     legitimate health and safety need for the member to be 
     excluded from such communications, supported by a medical 
     opinion that such exclusion is necessary for the health or 
     safety of the member, command, or any other individual.
       (C) An option to allow a member of the Coast Guard to 
     initiate an evaluation by a Medical Evaluation Board if a 
     Coast Guard healthcare provider, or other military healthcare 
     provider, has raised a concern about the ability of the 
     member to continue serving in the Coast Guard, in accordance 
     with existing medical and physical disability policy.
       (D) An updated policy to remove the command endorsement 
     requirement for retirement or separation unless absolutely 
     necessary for the benefit of the United States.

     SEC. 5262. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS 
                   OF CERTAIN PERSONNEL.

       (a) In General.--Section 2182(a) of title 14, United States 
     Code, is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Officers.--Each officer of the Coast Guard shall 
     undergo a multirater assessment before promotion to--
       ``(A) the grade of O-4;
       ``(B) the grade of O-5; and
       ``(C) the grade of O-6.
       ``(3) Enlisted members.--Each enlisted member of the Coast 
     Guard shall undergo a multirater assessment before 
     advancement to--
       ``(A) the grade of E-7;
       ``(B) the grade of E-8;
       ``(C) the grade of E-9; and
       ``(D) the grade of E-10.
       ``(4) Selection.--A reviewee shall not be permitted to 
     select the peers and subordinates who provide opinions for 
     his or her multirater assessment.
       ``(5) Post-assessment elements.--
       ``(A) In general.--Following an assessment of an individual 
     pursuant to paragraphs (1) through (3), the individual shall 
     be provided appropriate post-assessment counseling and 
     leadership coaching.
       ``(B) Availability of results.--The supervisor of the 
     individual assessed shall be provided with the results of the 
     multirater assessment.''.
       (b) Cost Assessment.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant shall provide to 
     the appropriate committees of Congress an estimate of the 
     costs associated with implementing the amendment made by this 
     section.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (B) the Committee on Transportation and Infrastructure and 
     the Committee on Appropriations of the House of 
     Representatives.

     SEC. 5263. PROMOTION PARITY.

       (a) Information To Be Furnished.--Section 2115(a) of title 
     14, United States Code, is amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) in the case of an eligible officer considered for 
     promotion to a rank above lieutenant, any credible 
     information of an adverse nature, including any substantiated 
     adverse finding or conclusion from an officially documented 
     investigation or inquiry and any information placed in the 
     personnel service record of the officer under section 1745(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2014 (Public Law 113-66; 10 U.S.C. 1561 note), shall be 
     furnished to the selection board in accordance with standards 
     and procedures set out in the regulations prescribed by the 
     Secretary.''.
       (b) Special Selection Review Boards.--
       (1) In general.--Subchapter I of chapter 21 of title 14, 
     United States Code, is amended by inserting after section 
     2120 the following:

     ``Sec. 2120a. Special selection review boards

       ``(a) In General.--(1) If the Secretary determines that a 
     person recommended by a promotion board for promotion to a 
     grade at or below the grade of rear admiral is the subject of 
     credible information of an adverse nature, including any 
     substantiated adverse finding or conclusion described in 
     section 2115(a)(3) of this title that was not furnished to 
     the promotion board during its consideration of the person 
     for promotion as otherwise required by such section, the 
     Secretary shall convene a special selection review board 
     under this section to review the person and recommend whether 
     the recommendation for promotion of the person should be 
     sustained.
       ``(2) If a person and the recommendation for promotion of 
     the person is subject to review under this section by a 
     special selection review board convened under this section, 
     the name of the person--
       ``(A) shall not be disseminated or publicly released on the 
     list of officers recommended for promotion by the promotion 
     board recommending the promotion of the person; and
       ``(B) shall not be forwarded to the President or the 
     Senate, as applicable, or included on a promotion list under 
     section 2121 of this title.
       ``(b) Convening.--(1) Any special selection review board 
     convened under this section shall be convened in accordance 
     with the provisions of section 2120(c) of this title.
       ``(2) Any special selection review board convened under 
     this section may review such number of persons, and 
     recommendations for promotion of such persons, as the 
     Secretary shall specify in convening such special selection 
     review board.
       ``(c) Information Considered.--(1) In reviewing a person 
     and recommending whether the recommendation for promotion of 
     the person should be sustained under this section, a special 
     selection review board convened under this section shall be 
     furnished and consider the following:
       ``(A) The record and information concerning the person 
     furnished in accordance with section 2115 of this title to 
     the promotion board that recommended the person for 
     promotion.

[[Page S5959]]

       ``(B) Any credible information of an adverse nature on the 
     person, including any substantiated adverse finding or 
     conclusion from an officially documented investigation or 
     inquiry described in section 2115(a)(3) of this title.
       ``(2) The furnishing of information to a special selection 
     review board under paragraph (1)(B) shall be governed by the 
     standards and procedures referred to in section 2115 of this 
     title.
       ``(3)(A) Before information on a person described in 
     paragraph (1)(B) is furnished to a special selection review 
     board for purposes of this section, the Secretary shall 
     ensure that--
       ``(i) such information is made available to the person; and
       ``(ii) subject to subparagraphs (C) and (D), the person is 
     afforded a reasonable opportunity to submit comments on such 
     information to the special selection review board before its 
     review of the person and the recommendation for promotion of 
     the person under this section.
       ``(B) If information on a person described in paragraph 
     (1)(B) is not made available to the person as otherwise 
     required by subparagraph (A)(i) due to the classification 
     status of such information, the person shall, to the maximum 
     extent practicable, be furnished a summary of such 
     information appropriate to the person's authorization for 
     access to classified information.
       ``(C)(i) An opportunity to submit comments on information 
     is not required for a person under subparagraph (A)(ii) if--
       ``(I) such information was made available to the person in 
     connection with the furnishing of such information under 
     section 2115(a) of this title to the promotion board that 
     recommended the promotion of the person subject to review 
     under this section; and
       ``(II) the person submitted comments on such information to 
     that promotion board.
       ``(ii) The comments on information of a person described in 
     clause (i)(II) shall be furnished to the special selection 
     review board.
       ``(D) A person may waive either or both of the following:
       ``(i) The right to submit comments to a special selection 
     review board under subparagraph (A)(ii).
       ``(ii) The furnishing of comments to a special selection 
     review board under subparagraph (C)(ii).
       ``(d) Consideration.--(1) In considering the record and 
     information on a person under this section, the special 
     selection review board shall compare such record and 
     information with an appropriate sampling of the records of 
     those officers who were recommended for promotion by the 
     promotion board that recommended the person for promotion, 
     and an appropriate sampling of the records of those officers 
     who were considered by and not recommended for promotion by 
     that promotion board.
       ``(2) Records and information shall be presented to a 
     special selection review board for purposes of paragraph (1) 
     in a manner that does not indicate or disclose the person or 
     persons for whom the special selection review board was 
     convened.
       ``(3) In considering whether the recommendation for 
     promotion of a person should be sustained under this section, 
     a special selection review board shall, to the greatest 
     extent practicable, apply standards used by the promotion 
     board that recommended the person for promotion.
       ``(4) The recommendation for promotion of a person may be 
     sustained under this section only if the special selection 
     review board determines that the person--
       ``(A) ranks on an order of merit created by the special 
     selection review board as better qualified for promotion than 
     the sample officer highest on the order of merit list who was 
     considered by and not recommended for promotion by the 
     promotion board concerned; and
       ``(B) is comparable in qualification for promotion to those 
     sample officers who were recommended for promotion by that 
     promotion board.
       ``(5) A recommendation for promotion of a person may be 
     sustained under this section only by a vote of a majority of 
     the members of the special selection review board.
       ``(6) If a special selection review board does not sustain 
     a recommendation for promotion of a person under this 
     section, the person shall be considered to have failed of 
     selection for promotion.
       ``(e) Reports.--(1) Each special selection review board 
     convened under this section shall submit to the Secretary a 
     written report, signed by each member of the board, 
     containing the name of each person whose recommendation for 
     promotion it recommends for sustainment and certifying that 
     the board has carefully considered the record and information 
     of each person whose name was referred to it.
       ``(2) The provisions of section 2117(a) of this title apply 
     to the report and proceedings of a special selection review 
     board convened under this section in the same manner as they 
     apply to the report and proceedings of a promotion board 
     convened under section 2106 of this title.
       ``(f) Appointment of Persons.--(1) If the report of a 
     special selection review board convened under this section 
     recommends the sustainment of the recommendation for 
     promotion to the next higher grade of a person whose name was 
     referred to it for review under this section, and the 
     President approves the report, the person shall, as soon as 
     practicable, be appointed to that grade in accordance with 
     section 2121 of this title.
       ``(2) A person who is appointed to the next higher grade as 
     described in paragraph (1) shall, upon that appointment, have 
     the same date of rank, the same effective date for the pay 
     and allowances of that grade, and the same position on the 
     active-duty list as the person would have had pursuant to the 
     original recommendation for promotion of the promotion board 
     concerned.
       ``(g) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.
       ``(h) Promotion Board Defined.--In this section, the term 
     `promotion board' means a selection board convened by the 
     Secretary under section 2106 of this title.''.
       (2) Clerical amendment.--The analysis for subchapter I of 
     chapter 21 of title 14, United States Code, is amended by 
     inserting after the item relating to section 2120 the 
     following:

``2120a. Special selection review boards.''.
       (c) Availability of Information.--Section 2118 of title 14, 
     United States Code, is amended by adding at the end the 
     following:
       ``(e) If the Secretary makes a recommendation under this 
     section that the name of an officer be removed from a report 
     of a selection board and the recommendation is accompanied by 
     information that was not presented to that selection board, 
     that information shall be made available to that officer. The 
     officer shall then be afforded a reasonable opportunity to 
     submit comments on that information to the officials making 
     the recommendation and the officials reviewing the 
     recommendation. If an eligible officer cannot be given access 
     to such information because of its classification status, the 
     officer shall, to the maximum extent practicable, be provided 
     with an appropriate summary of the information.''.
       (d) Delay of Promotion.--Section 2121(f) of title 14, 
     United States Code, is amended to read as follows:
       ``(f)(1) The promotion of an officer may be delayed without 
     prejudice if any of the following applies:
       ``(A) The officer is under investigation or proceedings of 
     a court-martial or a board of officers are pending against 
     the officer.
       ``(B) A criminal proceeding in a Federal or State court is 
     pending against the officer.
       ``(C) The Secretary determines that credible information of 
     an adverse nature, including a substantiated adverse finding 
     or conclusion described in section 2115(a)(3), with respect 
     to the officer will result in the convening of a special 
     selection review board under section 2120a of this title to 
     review the officer and recommend whether the recommendation 
     for promotion of the officer should be sustained.
       ``(2)(A) Subject to subparagraph (B), a promotion may be 
     delayed under this subsection until, as applicable--
       ``(i) the completion of the investigation or proceedings 
     described in subparagraph (A);
       ``(ii) a final decision in the proceeding described in 
     subparagraph (B) is issued; or
       ``(iii) the special selection review board convened under 
     section 2120a of this title issues recommendations with 
     respect to the officer.
       ``(B) Unless the Secretary determines that a further delay 
     is necessary in the public interest, a promotion may not be 
     delayed under this subsection for more than one year after 
     the date the officer would otherwise have been promoted.
       ``(3) An officer whose promotion is delayed under this 
     subsection and who is subsequently promoted shall be given 
     the date of rank and position on the active duty promotion 
     list in the grade to which promoted that he would have held 
     had his promotion not been so delayed.''.

     SEC. 5264. PARTNERSHIP PROGRAM TO DIVERSIFY THE COAST GUARD.

       (a) Establishment.--The Commandant shall establish a 
     program for the purpose of increasing the number of 
     underrepresented minorities in the enlisted ranks of the 
     Coast Guard.
       (b) Partnerships.--In carrying out the program established 
     under subsection (a), the Commandant shall--
       (1) seek to enter into 1 or more partnerships with eligible 
     entities--
       (A) to increase the visibility of Coast Guard careers;
       (B) to promote curriculum development--
       (i) to enable acceptance into the Coast Guard; and
       (ii) to improve success on relevant exams, such as the 
     Armed Services Vocational Aptitude Battery; and
       (C) to provide mentoring for students entering and 
     beginning Coast Guard careers; and
       (2) enter into a partnership with an existing Junior 
     Reserve Officers' Training Corps for the purpose of promoting 
     Coast Guard careers.
       (c) Eligible Institution Defined.--In this section, the 
     term ``eligible institution'' means--
       (1) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001));
       (2) an institution that provides a level of educational 
     attainment that is less than a bachelor's degree;
       (3) a part B institution (as defined in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061));
       (4) a Tribal College or University (as defined in section 
     316(b) of that Act (20 U.S.C. 1059c(b)));
       (5) a Hispanic-serving institution (as defined in section 
     502 of that Act (20 U.S.C. 1101a));

[[Page S5960]]

       (6) an Alaska Native-serving institution or a Native 
     Hawaiian-serving institution (as defined in section 317(b) of 
     that Act (20 U.S.C. 1059d(b)));
       (7) a Predominantly Black institution (as defined in 
     section 371(c) of that Act (20 U.S.C. 1071q(c)));
       (8) an Asian American and Native American Pacific Islander-
     serving institution (as defined in such section); and
       (9) a Native American-serving nontribal institution (as 
     defined in such section).

     SEC. 5265. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' 
                   TRAINING CORPS.

       (a) In General.--Section 320 of title 14, United States 
     Code, is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) in subsection (b), by striking ``subsection (c)'' and 
     inserting ``subsection (d)''; and
       (3) by inserting after subsection (b) the following:
       ``(c) Scope.--Beginning on December 31, 2025, the Secretary 
     of the department in which the Coast Guard is operating shall 
     maintain at all times a Junior Reserve Officers' Training 
     Corps program with not fewer than 1 such program established 
     in each Coast Guard district.''.
       (b) Cost Assessment.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of the department 
     in which the Coast Guard is operating shall provide to 
     Congress an estimate of the costs associated with 
     implementing the amendments made by this section.

     SEC. 5266. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND 
                   ETHNIC MINORITIES AMONG COAST GUARD ACTIVE-DUTY 
                   MEMBERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, in consultation with the Advisory 
     Board on Women at the Coast Guard Academy established under 
     section 1904 of title 14, United States Code, and the 
     minority outreach team program established by section 1905 of 
     such title, the Commandant shall--
       (1) determine which recommendations in the RAND 
     representation report may practicably be implemented to 
     promote improved representation in the Coast Guard of--
       (A) women; and
       (B) racial and ethnic minorities; and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the actions the Commandant has 
     taken, or plans to take, to implement such recommendations.
       (b) Curriculum and Training.--In the case of any action the 
     Commandant plans to take to implement recommendations 
     described in subsection (a)(1) that relate to modification or 
     development of curriculum and training, such modified 
     curriculum and training shall be provided at officer and 
     accession points and at leadership courses managed by the 
     Coast Guard Leadership Development Center.
       (c) Definition of RAND Representation Report.--In this 
     section, the term ``RAND representation report'' means the 
     report of the Homeland Security Operational Analysis Center 
     of the RAND Corporation entitled ``Improving the 
     Representation of Women and Racial/Ethnic Minorities Among 
     U.S. Coast Guard Active-Duty Members'' issued on August 11, 
     2021.

     SEC. 5267. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT 
                   AND ACCESSION.

       (a) In General.--The Commandant shall develop a 10-year 
     strategy to enhance Coast Guard diversity through recruitment 
     and accession--
       (1) at educational institutions at the high school and 
     higher education levels; and
       (2) for the officer and enlisted ranks.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the strategy 
     developed under subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of existing Coast Guard recruitment and 
     accession programs at educational institutions at the high 
     school and higher education levels.
       (B) An explanation of the manner in which the strategy 
     supports the Coast Guard's overall diversity and inclusion 
     action plan.
       (C) A description of the manner in which existing programs 
     and partnerships will be modified or expanded to enhance 
     diversity in recruiting and accession at the high school and 
     higher education levels.

     SEC. 5268. SUPPORT FOR COAST GUARD ACADEMY.

       (a) In General.--Subchapter II of chapter 9 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 953. Support for Coast Guard Academy

       ``(a) Authority.--
       ``(1) Contracts and cooperative agreements.--(A) The 
     Commandant may enter contract and cooperative agreements with 
     1 or more qualified organizations for the purpose of 
     supporting the athletic programs of the Coast Guard Academy.
       ``(B) Notwithstanding section 2304(k) of title 10, the 
     Commandant may enter into such contracts and cooperative 
     agreements on a sole source basis pursuant to section 
     2304(c)(5) of title 10.
       ``(C) Notwithstanding chapter 63 of title 31, a cooperative 
     agreement under this section may be used to acquire property 
     or services for the direct benefit or use of the Coast Guard 
     Academy.
       ``(2) Financial controls.--(A) Before entering into a 
     contract or cooperative agreement under paragraph (1), the 
     Commandant shall ensure that the contract or agreement 
     includes appropriate financial controls to account for the 
     resources of the Coast Guard Academy and the qualified 
     organization concerned in accordance with accepted accounting 
     principles.
       ``(B) Any such contract or cooperative agreement shall 
     contain a provision that allows the Commandant to review, as 
     the Commandant considers necessary, the financial accounts of 
     the qualified organization to determine whether the 
     operations of the qualified organization--
       ``(i) are consistent with the terms of the contract or 
     cooperative agreement; and
       ``(ii) would compromise the integrity or appearance of 
     integrity of any program of the Department of Homeland 
     Security.
       ``(3) Leases.--For the purpose of supporting the athletic 
     programs of the Coast Guard Academy, the Commandant may, 
     consistent with section 504(a)(13), rent or lease real 
     property located at the Coast Guard Academy to a qualified 
     organization, except that proceeds from such a lease shall be 
     retained and expended in accordance with subsection (f).
       ``(b) Support Services.--
       ``(1) Authority.--To the extent required by a contract or 
     cooperative agreement under subsection (a), the Commandant 
     may provide support services to a qualified organization 
     while the qualified organization conducts its support 
     activities at the Coast Guard Academy only if the Commandant 
     determines that the provision of such services is essential 
     for the support of the athletic programs of the Coast Guard 
     Academy.
       ``(2) No liability of the united states.--Support services 
     may only be provided without any liability of the United 
     States to a qualified organization.
       ``(3) Support services defined.--In this subsection, the 
     term `support services' includes utilities, office 
     furnishings and equipment, communications services, records 
     staging and archiving, audio and video support, and security 
     systems, in conjunction with the leasing or licensing of 
     property.
       ``(c) Transfers From Nonappropriated Fund Operation.--(1) 
     Except as provided in paragraph (2), the Commandant may, 
     subject to the acceptance of the qualified organization 
     concerned, transfer to the qualified organization all title 
     to and ownership of the assets and liabilities of the Coast 
     Guard nonappropriated fund instrumentality, the function of 
     which includes providing support for the athletic programs of 
     the Coast Guard Academy, including bank accounts and 
     financial reserves in the accounts of such fund 
     instrumentality, equipment, supplies, and other personal 
     property.
       ``(2) The Commandant may not transfer under paragraph (1) 
     any interest in real property.
       ``(d) Acceptance of Support From Qualified Organization.--
       ``(1) In general.--Notwithstanding section 1342 of title 
     31, the Commandant may accept from a qualified organization 
     funds, supplies, and services for the support of the athletic 
     programs of the Coast Guard Academy.
       ``(2) Employees of qualified organization.--For purposes of 
     this section, employees or personnel of the qualified 
     organization may not be considered to be employees of the 
     United States.
       ``(3) Funds received from ncaa.--The Commandant may accept 
     funds from the National Collegiate Athletic Association to 
     support the athletic programs of the Coast Guard Academy.
       ``(4) Limitation.--The Commandant shall ensure that 
     contributions under this subsection and expenditure of funds 
     pursuant to subsection (f)--
       ``(A) do not reflect unfavorably on the ability of the 
     Coast Guard, any employee of the Coast Guard, or any member 
     of the armed forces (as defined in section 101(a) of title 
     10) to carry out any responsibility or duty in a fair and 
     objective manner; or
       ``(B) compromise the integrity or appearance of integrity 
     of any program of the Coast Guard, or any individual involved 
     in such a program.
       ``(e) Trademarks and Service Marks.--
       ``(1) Licensing, marketing, and sponsorship agreements.--An 
     agreement under subsection (a) may, consistent with section 
     2260 of title 10 (other than subsection (d) of such section), 
     authorize a qualified organization to enter into licensing, 
     marketing, and sponsorship agreements relating to trademarks 
     and service marks identifying the Coast Guard Academy, 
     subject to the approval of the Commandant.
       ``(2) Limitations.--A licensing, marketing, or sponsorship 
     agreement may not be entered into under paragraph (1) if--
       ``(A) such agreement would reflect unfavorably on the 
     ability of the Coast Guard, any employee of the Coast Guard, 
     or any member of the armed forces to carry out any 
     responsibility or duty in a fair and objective manner; or
       ``(B) the Commandant determines that the use of the 
     trademark or service mark would compromise the integrity or 
     appearance of integrity of any program of the Coast Guard or 
     any individual involved in such a program.

[[Page S5961]]

       ``(f) Retention and Use of Funds.--Funds received by the 
     Commandant under this section may be retained for use to 
     support the athletic programs of the Coast Guard Academy and 
     shall remain available until expended.
       ``(g) Service on Qualified Organization Board of 
     Directors.--A qualified organization is a designated entity 
     for which authorization under sections 1033(a) and 1589(a) of 
     title 10, may be provided.
       ``(h) Conditions.--The authority provided in this section 
     with respect to a qualified organization is available only so 
     long as the qualified organization continues--
       ``(1) to qualify as a nonprofit organization under section 
     501(c)(3) of the Internal Revenue Code of 1986 and operates 
     in accordance with this section, the law of the State of 
     Connecticut, and the constitution and bylaws of the qualified 
     organization; and
       ``(2) to operate exclusively to support the athletic 
     programs of the Coast Guard Academy.
       ``(i) Qualified Organization Defined.--In this section, the 
     term `qualified organization' means an organization--
       ``(1) described in subsection (c)(3) of section 501 of the 
     Internal Revenue Code of 1986 and exempt from taxation under 
     subsection (a) of that section; and
       ``(2) established by the Coast Guard Academy Alumni 
     Association solely for the purpose of supporting Coast Guard 
     athletics.

     ``Sec. 954. Mixed-funded athletic and recreational 
       extracurricular programs: authority to manage appropriated 
       funds in same manner as nonappropriated funds

       ``(a) Authority.--In the case of a Coast Guard Academy 
     mixed-funded athletic or recreational extracurricular 
     program, the Commandant may designate funds appropriated to 
     the Coast Guard and available for that program to be treated 
     as nonappropriated funds and expended for that program in 
     accordance with laws applicable to the expenditure of 
     nonappropriated funds. Appropriated funds so designated shall 
     be considered to be nonappropriated funds for all purposes 
     and shall remain available until expended.
       ``(b) Covered Programs.--In this section, the term `Coast 
     Guard Academy mixed-funded athletic or recreational 
     extracurricular program' means an athletic or recreational 
     extracurricular program of the Coast Guard Academy to which 
     each of the following applies:
       ``(1) The program is not considered a morale, welfare, or 
     recreation program.
       ``(2) The program is supported through appropriated funds.
       ``(3) The program is supported by a nonappropriated fund 
     instrumentality.
       ``(4) The program is not a private organization and is not 
     operated by a private organization.''.
       (b) Clerical Amendment.--The analysis for subchapter II of 
     chapter 9 of title 14, United States Code, is amended by 
     adding at the end the following:

``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular programs: 
              authority to manage appropriated funds in same manner as 
              nonappropriated funds.''.

     SEC. 5269. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.

       (a) In General.--Section 315 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 315. Training for congressional affairs personnel

       ``(a) In General.--The Commandant shall develop a training 
     course, which shall be administered in person, on the 
     workings of Congress for any member of the Coast Guard 
     selected for a position as a fellow, liaison, counsel, 
     administrative staff for the Coast Guard Office of 
     Congressional and Governmental Affairs, or any Coast Guard 
     district or area governmental affairs officer.
       ``(b) Course Subject Matter.--
       ``(1) In general.--The training course required by this 
     section shall provide an overview and introduction to 
     Congress and the Federal legislative process, including--
       ``(A) the congressional budget process;
       ``(B) the congressional appropriations process;
       ``(C) the congressional authorization process;
       ``(D) the Senate advice and consent process for 
     Presidential nominees;
       ``(E) the Senate advice and consent process for treaty 
     ratification;
       ``(F) the roles of Members of Congress and congressional 
     staff in the legislative process;
       ``(G) the concept and underlying purposes of congressional 
     oversight within the governance framework of separation of 
     powers;
       ``(H) the roles of Coast Guard fellows, liaisons, counsels, 
     governmental affairs officers, the Coast Guard Office of 
     Program Review, the Coast Guard Headquarters program offices, 
     and any other entity the Commandant considers relevant; and
       ``(I) the roles and responsibilities of Coast Guard public 
     affairs and external communications personnel with respect to 
     Members of Congress and their staff necessary to enhance 
     communication between Coast Guard units, sectors, and 
     districts and Member offices and committees of jurisdiction 
     so as to ensure visibility of Coast Guard activities.
       ``(2) Detail within coast guard office of budget and 
     programs.--
       ``(A) In general.--At the written request of the receiving 
     congressional office, the training course required by this 
     section shall include a multi-day detail within the Coast 
     Guard Office of Budget and Programs to ensure adequate 
     exposure to Coast Guard policy, oversight, and requests from 
     Congress.
       ``(B) Nonconsecutive detail permitted.--A detail under this 
     paragraph is not required to be consecutive with the balance 
     of the training.
       ``(c) Completion of Required Training.--A member of the 
     Coast Guard selected for a position described in subsection 
     (a) shall complete the training required by this section 
     before the date on which such member reports for duty for 
     such position.''.
       (b) Clerical Amendment.--The analysis for chapter 3 of 
     title 14, United States Code, is amended by striking the item 
     relating to section 315 and inserting the following:

``315. Training for congressional affairs personnel.''.

     SEC. 5270. STRATEGY FOR RETENTION OF CUTTERMEN.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commandant shall publish a 
     strategy to improve incentives to attract and retain a 
     diverse workforce serving on Coast Guard cutters.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       (1) Policies to improve flexibility in the afloat career 
     path, including a policy that enables members of the Coast 
     Guard serving on Coast Guard cutters to transition between 
     operations afloat and operations ashore assignments without 
     detriment to their career progression.
       (2) A review of current officer requirements for afloat 
     positions at each pay grade, and an assessment as to whether 
     such requirements are appropriate or present undue 
     limitations.
       (3) Strategies to improve crew comfort afloat, such as 
     berthing modifications to accommodate all crewmembers.
       (4) Actionable steps to improve access to high-speed 
     internet capable of video conference for the purposes of 
     medical, educational, and personal use by members of the 
     Coast Guard serving on Coast Guard cutters.
       (5) An assessment of the effectiveness of bonuses to 
     attract members to serve at sea and retain talented members 
     of the Coast Guard serving on Coast Guard cutters to serve as 
     leaders in senior enlisted positions, department head 
     positions, and command positions.
       (6) Policies to ensure that high-performing members of the 
     Coast Guard serving on Coast Guard cutters are competitive 
     for special assignments, postgraduate education, senior 
     service schools, and other career-enhancing positions.

     SEC. 5271. STUDY ON PERFORMANCE OF COAST GUARD FORCE 
                   READINESS COMMAND.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study on the performance of 
     the Coast Guard Force Readiness Command.
       (b) Elements.--The study required by subsection (a) shall 
     include an assessment of the following:
       (1) The actions the Force Readiness Command has taken to 
     develop and implement training for the Coast Guard workforce.
       (2) The extent to which the Force Readiness Command--
       (A) has assessed performance, policy, and training 
     compliance across Force Readiness Command headquarters and 
     field units, and the results of any such assessment; and
       (B) is modifying and expanding Coast Guard training to 
     match the future demands of the Coast Guard with respect to 
     growth in workforce numbers, modernization of assets and 
     infrastructure, and increased global mission demands relating 
     to the Arctic and Western Pacific regions and cyberspace.
       (c) Report.--Not later than 1 year after the study required 
     by subsection (a) commences, the Comptroller General shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study.

     SEC. 5272. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST 
                   GUARD PERSONNEL.

       (a) In General.--The Commandant shall conduct a study to 
     assess whether current weapons training required for Coast 
     Guard law enforcement and other relevant personnel is 
     sufficient.
       (b) Elements.--The study required by subsection (a) shall--
       (1) assess whether there is a need to improve weapons 
     training for Coast Guard law enforcement and other relevant 
     personnel; and
       (2) identify--
       (A) the frequency of such training most likely to ensure 
     adequate weapons training, proficiency, and safety among such 
     personnel;
       (B) Coast Guard law enforcement and other applicable 
     personnel who should be prioritized to receive such improved 
     training; and
       (C) any challenge posed by a transition to improving such 
     training and offering such training more frequently, and the 
     resources necessary to address such a challenge.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation

[[Page S5962]]

     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the study conducted under subsection (a).

                  Subtitle G--Miscellaneous Provisions

     SEC. 5281. BUDGETING OF COAST GUARD RELATING TO CERTAIN 
                   OPERATIONS.

       (a) In General.--Chapter 51 of title 14, United States 
     Code, as amended by section 5252(b), is further amended by 
     adding at the end the following:

     ``Sec. 5114. Expenses of performing and executing defense 
       readiness missions and other activities unrelated to Coast 
       Guard missions

       ``The Commandant shall include in the annual budget 
     submission of the President under section 1105(a) of title 31 
     a dedicated budget line item that adequately represents a 
     calculation of the annual costs and expenditures of 
     performing and executing all defense readiness mission 
     activities, including--
       ``(1) all expenses related to the Coast Guard's 
     coordination, training, and execution of defense readiness 
     mission activities in the Coast Guard's capacity as an armed 
     force (as such term is defined in section 101 of title 10) in 
     support of Department of Defense national security operations 
     and activities or for any other military department or 
     Defense Agency (as such terms are defined in such section);
       ``(2) costs associated with Coast Guard detachments 
     assigned in support of the Coast Guard's defense readiness 
     mission; and
       ``(3) any other related expenses, costs, or matters the 
     Commandant considers appropriate or otherwise of interest to 
     Congress.''.
       (b) Clerical Amendment.--The analysis for chapter 51 of 
     title 14, United States Code, as amended by section 5252(b), 
     is further amended by adding at the end the following:

``5114. Expenses of performing and executing defense readiness missions 
              or other activities unrelated to Coast Guard missions.''.

     SEC. 5282. COAST GUARD ASSISTANCE TO UNITED STATES SECRET 
                   SERVICE.

       Section 6 of the Presidential Protection Assistance Act of 
     1976 (18 U.S.C. 3056 note) is amended--
       (1) by striking ``Executive departments'' and inserting the 
     following:
       ``(a) Except as provided in subsection (b), Executive 
     departments'';
       (2) by striking ``Director; except that the Department of 
     Defense and the Coast Guard shall provide such assistance'' 
     and inserting the following: ``Director.
       ``(b)(1) Subject to paragraph (2), the Department of 
     Defense and the Coast Guard shall provide assistance 
     described in subsection (a)''; and
       (3) by adding at the end the following:
       ``(2)(A) For fiscal year 2022, and each fiscal year 
     thereafter, the total cost of assistance described in 
     subsection (a) provided by the Coast Guard on a 
     nonreimbursable basis shall not exceed $15,000,000.
       ``(B) The Coast Guard may provide assistance described in 
     subsection (a) during a fiscal year in addition to the amount 
     specified in subparagraph (A) on a reimbursable basis.''.

     SEC. 5283. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC 
                   PURPOSES.

       (a) Transfer.--Section 914 of the Coast Guard Authorization 
     Act of 2010 (14 U.S.C. 501 note; Public Law 111-281) is--
       (1) transferred to subchapter I of chapter 5 of title 14, 
     United States Code;
       (2) added at the end so as to follow section 509 of such 
     title, as added by section 5241 of this Act;
       (3) redesignated as section 510 of such title; and
       (4) amended so that the enumerator, the section heading, 
     typeface, and typestyle conform to those appearing in other 
     sections of title 14, United States Code.
       (b) Clerical Amendments.--
       (1) Coast guard authorization act of 2010.--The table of 
     contents in section 1(b) of the Coast Guard Authorization Act 
     of 2010 (Public Law 111-281) is amended by striking the item 
     relating to section 914.
       (2) Title 14.--The analysis for subchapter I of chapter 5 
     of title 14, United States Code, as amended by section 5241 
     of this Act, is amended by adding at the end the following:

``510. Conveyance of Coast Guard vessels for public purposes.''.
       (c) Conveyance of Coast Guard Vessels for Public 
     Purposes.--Section 510 of title 14, United States Code, as 
     transferred and redesignated by subsection (a), is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--On request by the Commandant, the 
     Administrator of the General Services Administration may 
     transfer ownership of a Coast Guard vessel or aircraft to an 
     eligible entity for educational, cultural, historical, 
     charitable, recreational, or other public purposes if such 
     transfer is authorized by law.''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting ``as if the request were being processed'' 
     after ``vessels''; and
       (ii) by inserting ``, as in effect on the date of the 
     enactment of the Coast Guard Authorization Act of 2022'' 
     after ``Code of Federal Regulations'';
       (B) in paragraph (2) by inserting ``, as in effect on the 
     date of the enactment of the Coast Guard Authorization Act of 
     2022'' after ``such title''; and
       (C) in paragraph (3), by striking ``of the Coast Guard''.

     SEC. 5284. COAST GUARD INTELLIGENCE ACTIVITIES AND EMERGENCY 
                   AND EXTRAORDINARY EXPENSES.

       (a) In General.--Subject to the limitations of subsection 
     (b) and with sums made available to the Director of the Coast 
     Guard Counterintelligence Service, the Commandant may expend 
     funds for human intelligence and counterintelligence 
     activities of any confidential, emergency, or extraordinary 
     nature that cannot be anticipated or classified. The 
     Commandant shall certify that such expenditure was made for 
     an object of a confidential, emergency, or extraordinary 
     nature and such a certification is final and conclusive upon 
     the accounting officers of the United States. A written 
     certification by the Commandant is sufficient voucher for the 
     expenditure.
       (b) Limitations.--
       (1) Maximum annual amount.--For each fiscal year, the 
     Commandant may not obligate or expend funds under subsection 
     (a) in an amount that exceeds 5 percent of the funds made 
     available to the Director of the Coast Guard 
     Counterintelligence Service for such fiscal year until--
       (A) the Commandant has notified the appropriate committees 
     of Congress of the intent to obligate or expend the funds in 
     excess of such amount; and
       (B) 15 days have elapsed since the date of the notification 
     in accordance with subparagraph (A).
       (2) Requirements for expenditures in excess of $25,000.--
     The Commandant may not obligate or expend funds under 
     subsection (a) for an expenditure in excess of $25,000 
     until--
       (A) the Commandant has notified the appropriate committees 
     of Congress of the intent to obligate or expend the funds; 
     and
       (B) 15 days have elapsed since the date of the notification 
     in accordance with subparagraph (A).
       (c) Waiver.--Notwithstanding subsection (b), the Commandant 
     may waive a requirement under such subsection if the 
     Commandant determines that such a waiver is necessary due to 
     extraordinary circumstances that affect the national security 
     of the United States. If the Commandant issues a waiver under 
     this subsection, the Commandant shall submit to the 
     appropriate committees of Congress, by not later than 48 
     hours after issuing the waiver, written notice of and 
     justification for the waiver.
       (d) Reports.--
       (1) In general.--Not less frequently than semiannually, the 
     Commandant shall--
       (A) submit to the appropriate committees of Congress a 
     report on all expenditures during the preceding semiannual 
     period under subsection (a); and
       (B) provide a briefing to the appropriate committees of 
     Congress on the report submitted under subparagraph (A).
       (2) Contents.--Each report submitted under paragraph (1)(A) 
     shall include, for each individual expenditure covered by 
     such report in an amount in excess of $25,000, the following:
       (A) A detailed description of the purpose of such 
     expenditure.
       (B) The amount of such expenditure.
       (C) An identification of the approving authority for such 
     expenditure.
       (D) A justification of why other authorities available to 
     the Coast Guard could not be used for such expenditure.
       (E) Any other additional information as the Commandant 
     considers appropriate.
       (e) Special Rule.--The authority of this section shall be 
     executed in a manner that does not contravene, and is 
     consistent with, the responsibility and authority of the 
     Director of National Intelligence as described in sections 
     3023 and 3024 of title 50, United States Code.
       (f) 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 Transportation and Infrastructure of 
     the House of Representatives.

     SEC. 5285. TRANSFER AND CONVEYANCE.

       (a) In General.--
       (1) Requirement.--The Commandant shall, without 
     consideration, transfer in accordance with subsection (b) and 
     convey in accordance with subsection (c) a parcel of the real 
     property described in paragraph (2), including any 
     improvements thereon, to free the Coast Guard of liability 
     for any unforeseen environmental or remediation of substances 
     unknown that may exist on, or emanate from, such parcel.
       (2) Property.--The property described in this paragraph is 
     real property at Dauphin Island, Alabama, located at 100 
     Agassiz Street, and consisting of a total of approximately 
     35.63 acres. The exact acreage and legal description of the 
     parcel of such property to be transferred or conveyed in 
     accordance with subsection (b) or (c), respectively, shall be 
     determined by a survey satisfactory to the Commandant.
       (b) To the Secretary of Health and Human Services.--The 
     Commandant shall transfer, as described in subsection (a), to 
     the Secretary of Health and Human Services (in this section 
     referred to as the ``Secretary''), for use by the Food and 
     Drug Administration, custody and control of a portion, 
     consisting of approximately 4 acres, of the parcel of real 
     property described in such subsection, to be identified by 
     agreement between the Commandant and the Secretary.
       (c) To the State of Alabama.--The Commandant shall convey, 
     as described in subsection (a), to the Marine Environmental

[[Page S5963]]

     Sciences Consortium, a unit of the government of the State of 
     Alabama, located at Dauphin Island, Alabama, all rights, 
     title, and interest of the United States in and to such 
     portion of the parcel described in such subsection that is 
     not transferred to the Secretary under subsection (b).
       (d) Payments and Costs of Transfer and Conveyance.--
       (1) Payments.--
       (A) In general.--The Secretary shall pay costs to be 
     incurred by the Coast Guard, or reimburse the Coast Guard for 
     such costs incurred by the Coast Guard, to carry out the 
     transfer and conveyance required by this section, including 
     survey costs, appraisal costs, costs for environmental 
     documentation related to the transfer and conveyance, and any 
     other necessary administrative costs related to the transfer 
     and conveyance.
       (B) Funds.--Notwithstanding section 780 of division B of 
     the Further Consolidated Appropriations Act, 2020 (Public Law 
     116-94), any amounts that are made available to the Secretary 
     under such section and not obligated on the date of enactment 
     of this Act shall be available to the Secretary for the 
     purpose described in subparagraph (A).
       (2) Treatment of amounts received.--Amounts received by the 
     Commandant as reimbursement under paragraph (1) shall be 
     credited to the Coast Guard Housing Fund established under 
     section 2946 of title 14, United States Code, or the account 
     that was used to pay the costs incurred by the Coast Guard in 
     carrying out the transfer or conveyance under this section, 
     as determined by the Commandant, and shall be made available 
     until expended. Amounts so credited shall be merged with 
     amounts in such fund or account and shall be available for 
     the same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.

     SEC. 5286. TRANSPARENCY AND OVERSIGHT.

       (a) Notification.--
       (1) In general.--Subject to subsection (b), the Secretary 
     of the department in which the Coast Guard is operating, or 
     the designee of the Secretary, shall notify the appropriate 
     committees of Congress and the Coast Guard Office of 
     Congressional and Governmental Affairs not later than 3 full 
     business days before--
       (A) making or awarding a grant allocation or grant in 
     excess of $1,000,000;
       (B) making or awarding a contract, other transaction 
     agreement, or task or delivery order on a Coast Guard 
     multiple award contract, or issuing a letter of intent 
     totaling more than $4,000,000;
       (C) awarding a task or delivery order requiring an 
     obligation of funds in an amount greater than $10,000,000 
     from multi-year Coast Guard funds;
       (D) making a sole-source grant award; or
       (E) announcing publicly the intention to make or award an 
     item described in subparagraph (A), (B), (C), or (D), 
     including a contract covered by the Federal Acquisition 
     Regulation.
       (2) Element.--A notification under this subsection shall 
     include--
       (A) the amount of the award;
       (B) the fiscal year for which the funds for the award were 
     appropriated;
       (C) the type of contract;
       (D) an identification of the entity awarded the contract, 
     such as the name and location of the entity; and
       (E) the account from which the funds are to be drawn.
       (b) Exception.--If the Secretary of the department in which 
     the Coast Guard is operating determines that compliance with 
     subsection (a) would pose a substantial risk to human life, 
     health, or safety, the Secretary--
       (1) may make an award or issue a letter described in that 
     subsection without the notification required under that 
     subsection; and
       (2) shall notify the appropriate committees of Congress not 
     later than 5 full business days after such an award is made 
     or letter issued.
       (c) Applicability.--Subsection (a) shall not apply to funds 
     that are not available for obligation.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (2) the Committee on Transportation and Infrastructure and 
     the Committee on Appropriations of the House of 
     Representatives.

     SEC. 5287. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS 
                   AND FACILITIES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant, in consultation 
     with the Commissioner of U.S. Customs and Border Protection, 
     shall complete a study on the safety inspection program for 
     containers (as defined in section 80501 of title 46, United 
     States Code) and designated waterfront facilities receiving 
     containers.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An evaluation and review of such safety inspection 
     program.
       (2) A determination of--
       (A) the number of container inspections conducted annually 
     by the Coast Guard during the preceding 10-year period, as 
     compared to the number of containers moved through United 
     States ports annually during such period; and
       (B) the number of qualified Coast Guard container and 
     facility inspectors, and an assessment as to whether, during 
     the preceding 10-year period, there have been a sufficient 
     number of such inspectors to carry out the mission of the 
     Coast Guard.
       (3) An evaluation of the training programs available to 
     such inspectors and the adequacy of such training programs 
     during the preceding 10-year period.
       (4) An assessment as to whether such training programs 
     adequately prepare future leaders for leadership positions in 
     the Coast Guard.
       (5) An identification of areas of improvement for such 
     program in the interest of commerce and national security, 
     and the costs associated with such improvements.
       (c) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Commandant shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study 
     required by subsection (a), including the personnel and 
     resource requirements necessary for such program.

     SEC. 5288. STUDY ON MARITIME LAW ENFORCEMENT WORKLOAD 
                   REQUIREMENTS.

       (a) Study.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Commandant shall commence a 
     study that assesses the maritime law enforcement workload 
     requirements of the Coast Guard.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) For each of the 10 years immediately preceding the date 
     of the enactment of this Act, an analysis of--
       (i) the total number of migrant interdictions, and Coast 
     Guard sectors in which such interdictions occurred;
       (ii) the total number of drug interdictions, the amount and 
     type of drugs interdicted, and the Coast Guard sectors in 
     which such interdictions occurred;
       (iii) the physical assets used for drug interdictions, 
     migrant interdictions, and other law enforcement purposes; 
     and
       (iv) the total number of Coast Guard personnel who carried 
     out drug interdictions, migrant interdictions, and other law 
     enforcement activities.
       (B) An assessment of--
       (i) migrant and drug interdictions and other law 
     enforcement activities along the maritime boundaries of the 
     United States, including the maritime boundaries of the 
     northern and southern continental United States and Alaska;
       (ii) Federal policies and procedures related to immigration 
     and asylum, and the associated impact of such policies and 
     procedures on the activities described in clause (i), 
     including--

       (I) public health exclusion policies, such as expulsion 
     pursuant to sections 362 and 365 of the Public Health Service 
     Act (42 U.S.C. 265 and 268); and
       (II) administrative asylum processing policies, such as the 
     remain in Mexico policy and the migrant protection protocols;

       (iii) increases or decreases in physical terrestrial 
     infrastructure in and around the international borders of the 
     United States, and the associated impact of such increases or 
     decreases on the activities described in clause (i); and
       (iv) increases or decreases in physical Coast Guard assets 
     in the areas described in clause (i), the proximity of such 
     assets to such areas, and the associated impact of such 
     increases or decreases on the activities described in clause 
     (i).
       (b) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Commandant shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the study.
       (c) Briefing.--Not later than 90 days after the date on 
     which the report required by subsection (b) is submitted, the 
     Commandant shall provide a briefing on the report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 5289. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD 
                   STATION AT PORT MANSFIELD.

       (a) Study.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall commence a 
     feasibility study on construction of a Coast Guard station at 
     Port Mansfield, Texas.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) An assessment of the resources and workforce 
     requirements necessary for a new Coast Guard station at Port 
     Mansfield.
       (B) An identification of the enhancements to the missions 
     and capabilities of the Coast Guard that a new Coast Guard 
     station at Port Mansfield would provide.
       (C) An estimate of the life-cycle costs of such a facility, 
     including the construction, maintenance costs, and staffing 
     costs.
       (D) A cost-benefit analysis of the enhancements and 
     capabilities provided, as compared to the costs of 
     construction, maintenance, and staffing.
       (b) Report.--Not later than 180 days after commencing the 
     study required by subsection (a), the Commandant shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the findings of the study.

[[Page S5964]]

  


     SEC. 5290. MODIFICATION OF PROHIBITION ON OPERATION OR 
                   PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT 
                   SYSTEMS.

       Section 8414 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 14 U.S.C. 1156 note) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Exemption.--The Commandant is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is for the purposes of--
       ``(1) counter-UAS system surrogate testing and training; or
       ``(2) intelligence, electronic warfare, and information 
     warfare operations, testing, analysis, and training.'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Waiver.--The Commandant may waive the restriction 
     under subsection (a) on a case-by-case basis by certifying in 
     writing not later than 15 days after exercising such waiver 
     to the Department of Homeland Security, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives that the operation or procurement of a 
     covered unmanned aircraft system is required in the national 
     interest of the United States.'';
       (3) in subsection (d)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Covered foreign country.--The term `covered foreign 
     country' means any of the following:
       ``(A) The People's Republic of China.
       ``(B) The Russian Federation.
       ``(C) The Islamic Republic of Iran.
       ``(D) The Democratic People's Republic of Korea.''; and
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Covered unmanned aircraft system.--The term `covered 
     unmanned aircraft system' means--
       ``(A) an unmanned aircraft system described in paragraph 
     (1) of subsection (a); and
       ``(B) a system described in paragraph (2) of that 
     subsection.''; and
       (D) in paragraph (4), as redesignated, by inserting ``, and 
     any related services and equipment'' after ``United States 
     Code''; and
       (4) by adding at the end the following:
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Commandant $2,700,000 to replace covered unmanned 
     aircraft systems.
       ``(2) Replacement.--Not later than 90 days after the date 
     of the enactment of this Act, the Commandant shall replace 
     covered unmanned aircraft systems of the Coast Guard with 
     unmanned aircraft systems manufactured in the United States 
     or an allied country (as that term is defined in section 
     2350f(d)(1) of title 10, United States Code).''.

     SEC. 5291. OPERATIONAL DATA SHARING REPOSITORY.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating (referred to in this 
     section as the ``Secretary'') shall, consistent with the 
     ongoing Integrated Multi-Domain Enterprise joint effort by 
     the Department of Homeland Security and the Department of 
     Defense, establish a secure, centralized, electronic 
     repository to allow real-time, or near real-time, data and 
     information sharing between U.S. Customs and Border 
     Protection and the Coast Guard for purposes of maritime 
     boundary domain awareness and enforcement activities along 
     the maritime boundaries of the United States, including the 
     maritime boundaries in the northern and southern continental 
     United States and Alaska.
       (b) Priority.--In establishing the repository under 
     subsection (a), the Secretary shall prioritize enforcement 
     areas experiencing the highest levels of enforcement 
     activity.
       (c) Requirements.--The repository established under 
     subsection (a) shall be sufficient for the secure sharing of 
     data, information, and surveillance necessary for operational 
     missions, including data from governmental assets, 
     irrespective of whether an asset belongs to the Coast Guard, 
     U.S. Customs and Border Protection, or any other partner 
     agency, located in and around mission operation areas.
       (d) Elements.--The Commissioner of U.S. Customs and Border 
     Protection and the Commandant shall jointly--
       (1) assess and delineate the types and quality of data 
     sharing needed to meet the respective operational missions of 
     U.S. Customs and Border Protection and the Coast Guard, 
     including video surveillance, seismic sensors, infrared 
     detection, space-based remote sensing, and any other data or 
     information necessary;
       (2) develop appropriate requirements and processes for the 
     credentialing of personnel of U.S. Customs and Border 
     Protection and personnel of the Coast Guard to access and use 
     the repository established under subsection (a); and
       (3) establish a cost-sharing agreement for the long-term 
     operation and maintenance of the repository and the assets 
     that provide data to the repository.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to authorize the Coast Guard, U.S. Customs and 
     Border Protection, or any other partner agency to acquire, 
     share, or transfer personal information relating to an 
     individual in violation of any Federal or State law or 
     regulation.

     SEC. 5292. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR 
                   COAST GUARD STATION SOUTH PADRE ISLAND.

       Subject to the availability of appropriations, the 
     Secretary of the department in which the Coast Guard is 
     operating shall procure not fewer than 1 tethered aerostat 
     radar system, or similar technology, for use by the Coast 
     Guard and other partner agencies, including U.S. Customs and 
     Border Protection, at and around Coast Guard Station South 
     Padre Island.

     SEC. 5293. ASSESSMENT OF IRAN SANCTIONS RELIEF ON COAST GUARD 
                   OPERATIONS UNDER THE JOINT COMPREHENSIVE PLAN 
                   OF ACTION.

       Not later than 1 year after the date of the enactment of 
     this Act, the Commandant, in consultation with the Director 
     of the Defense Intelligence Agency and the Commander of 
     United States Central Command, shall provide a briefing to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, in an unclassified setting 
     with a classified component if necessary, on--
       (1) the extent to which the Commandant assesses Iran would 
     use sanctions relief received by Iran under the Joint 
     Comprehensive Plan of Action to bolster Iran's support for 
     Iranian forces or Iranian-linked groups across the Middle 
     East in a manner that may impact Coast Guard personnel and 
     operations in the Middle East; and
       (2) the Coast Guard requirements for deterring and 
     countering increased malign behavior from such groups with 
     respect to activities under the jurisdiction of the Coast 
     Guard.

     SEC. 5294. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.

       Not later than 2 years after the date of the enactment of 
     this Act, the Commandant, in consultation with the 
     Comptroller General of the United States, shall submit to 
     Congress a report that analyzes the shipyards of Finland and 
     Sweden to assess future opportunities for technical 
     assistance related to engineering to aid the Coast Guard in 
     fulfilling its future mission needs.

     SEC. 5295. COAST GUARD SPECTRUM AUDIT.

       (a) Definition.--In this section, the term ``Assistant 
     Secretary'' means the Assistant Secretary of Commerce for 
     Communications and Information.
       (b) Audit and Report.--Not later than 3 years after the 
     date of enactment of this Act, the Assistant Secretary and 
     the Secretary of Homeland Security, in consultation with the 
     Commandant, shall jointly--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Coast Guard 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).
       (c) Contents of Report.--The Assistant Secretary and the 
     Secretary of Homeland Security shall include in the report 
     submitted under subsection (b)(2), with respect to the 
     electromagnetic spectrum that is assigned or otherwise 
     allocated to the Coast Guard as of the date of the audit--
       (1) each particular band of spectrum being used by the 
     Coast Guard;
       (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 State or other geographic area in which a 
     particular band described in paragraph (1) is assigned or 
     allocated for use;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Coast Guard or shared with another 
     Federal entity or a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Coast Guard.
       (d) Form of Report.--The report required under subsection 
     (b)(2) shall be submitted in unclassified form but may 
     include a classified annex.

     SEC. 5296. PROHIBITION ON CONSTRUCTION CONTRACTS WITH 
                   ENTITIES ASSOCIATED WITH THE CHINESE COMMUNIST 
                   PARTY.

       (a) In General.--The Commandant may not award any contract 
     for new construction until the date on which the Commandant 
     provides to Congress a certification that the other party has 
     not, during the 10-year period preceding the planned date of 
     award, directly or indirectly held an economic interest in an 
     entity that is--
       (1) owned or controlled by the People's Republic of China; 
     and
       (2) part of the defense industry of the Chinese Communist 
     Party.
       (b) Inapplicability to Taiwan.--Subsection (a) shall not 
     apply with respect to an economic interest in an entity owned 
     or controlled by Taiwan.

     SEC. 5297. REVIEW OF DRUG INTERDICTION EQUIPMENT AND 
                   STANDARDS; TESTING FOR FENTANYL DURING 
                   INTERDICTION OPERATIONS.

       (a) Review.--
       (1) In general.--The Commandant, in consultation with the 
     Administrator of the Drug Enforcement Administration and the 
     Secretary of Health and Human Services, shall--
       (A) conduct a review of--

[[Page S5965]]

       (i) the equipment, testing kits, and rescue medications 
     used to conduct Coast Guard drug interdiction operations; and
       (ii) the safety and training standards, policies, and 
     procedures with respect to such operations; and
       (B) determine whether the Coast Guard is using the latest 
     equipment and technology and up-to-date training and 
     standards for recognizing, handling, testing, and securing 
     illegal drugs, fentanyl, synthetic opioids, and precursor 
     chemicals during such operations.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commandant shall submit to the 
     appropriate committees of Congress a report on the results of 
     the review conducted under paragraph (1).
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (B) the Committee on Transportation and Infrastructure and 
     the Committee on Appropriations of the House of 
     Representatives.
       (b) Requirement.--If, as a result of the review required by 
     subsection (a), the Commandant determines that the Coast 
     Guard is not using the latest equipment and technology and 
     up-to-date training and standards for recognizing, handling, 
     testing, and securing illegal drugs, fentanyl, synthetic 
     opioids, and precursor chemicals during drug interdiction 
     operations, the Commandant shall ensure that the Coast Guard 
     acquires and uses such equipment and technology, carries out 
     such training, and implements such standards.
       (c) Testing for Fentanyl.--The Commandant shall ensure that 
     Coast Guard drug interdiction operations include the testing 
     of substances encountered during such operations for 
     fentanyl, as appropriate.

     SEC. 5298. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY 
                   MIGRANT INTERDICTIONS.

       Not later than the 15th day of each month, the Commandant 
     shall make available to the public on an internet website of 
     the Coast Guard the number of migrant interdictions carried 
     out by the Coast Guard during the preceding month.

                        TITLE LIII--ENVIRONMENT

     SEC. 5301. DEFINITION OF SECRETARY.

       Except as otherwise specifically provided, in this title, 
     the term ``Secretary'' means the Secretary of the department 
     in which the Coast Guard is operating.

                       Subtitle A--Marine Mammals

     SEC. 5311. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Transportation and Infrastructure and 
     the Committee on Natural Resources of the House of 
     Representatives.
       (2) Core foraging habitats.--The term ``core foraging 
     habitats'' means areas--
       (A) with biological and physical oceanographic features 
     that aggregate Calanus finmarchicus; and
       (B) where North Atlantic right whales foraging aggregations 
     have been well documented.
       (3) Exclusive economic zone.--The term ``exclusive economic 
     zone'' has the meaning given that term in section 107 of 
     title 46, United States Code.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (5) Large cetacean.--The term ``large cetacean'' means all 
     endangered or threatened species within--
       (A) the suborder Mysticeti;
       (B) the genera Physeter; or
       (C) the genera Orcinus.
       (6) Near real-time.--The term ``near real-time'', with 
     respect to monitoring of whales, means that visual, acoustic, 
     or other detections of whales are processed, transmitted, and 
     reported as close to the time of detection as is technically 
     feasible.
       (7) 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.
       (8) Puget sound region.--The term ``Puget Sound region'' 
     means the Vessel Traffic Service Puget Sound area described 
     in section 161.55 of title 33, Code of Federal Regulations 
     (as of the date of the enactment of this Act).
       (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, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of the enactment of this Act 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).
       (10) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Oceans and Atmosphere.

     SEC. 5312. ASSISTANCE TO PORTS TO REDUCE THE IMPACTS OF 
                   VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE 
                   MAMMALS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary, in 
     consultation with the Director of the United States Fish and 
     Wildlife Service, the Secretary, the Secretary of Defense, 
     and the Administrator of the Maritime Administration, shall 
     establish a grant program to provide assistance to eligible 
     entities to develop and implement mitigation measures that 
     will lead to a quantifiable reduction in threats to marine 
     mammals from vessel traffic, including shipping activities 
     and port operations.
       (b) Eligible Entities.--An entity is an eligible entity for 
     purposes of assistance awarded under subsection (a) if the 
     entity is--
       (1) a port authority for a port;
       (2) a State, regional, local, or Tribal government, or an 
     Alaska Native or Native Hawaiian entity that has jurisdiction 
     over a maritime port authority or a port;
       (3) an academic institution, research institution, or 
     nonprofit organization working in partnership with a port; or
       (4) a consortium of entities described in paragraphs (1), 
     (2), and (3).
       (c) Eligible Uses.--Assistance awarded under subsection (a) 
     may be used to develop, assess, and carry out activities that 
     reduce threats to marine mammals by--
       (1) reducing underwater stressors related to marine 
     traffic;
       (2) reducing mortality and serious injury from vessel 
     strikes and other physical disturbances;
       (3) monitoring sound;
       (4) reducing vessel interactions with marine mammals;
       (5) conducting other types of monitoring that are 
     consistent with reducing the threats to, and enhancing the 
     habitats of, marine mammals; or
       (6) supporting State agencies and Tribal governments in 
     developing the capacity to receive assistance under this 
     section through education, training, information sharing, and 
     collaboration to participate in the grant program under this 
     section.
       (d) Priority.--The Under Secretary shall prioritize 
     assistance under subsection (a) for projects that--
       (1) are based on the best available science with respect to 
     methods to reduce threats to marine mammals;
       (2) collect data on the reduction of such threats and the 
     effects of such methods;
       (3) assist ports that pose a higher relative threat to 
     marine mammals listed as threatened or endangered under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (4) are in close proximity to areas in which threatened or 
     endangered cetaceans are known to experience other stressors; 
     or
       (5) allow eligible entities to conduct risk assessments and 
     to track progress toward threat reduction.
       (e) Outreach.--The Under Secretary, in coordination with 
     the Secretary, the Administrator of the Maritime 
     Administration, and the Director of the United States Fish 
     and Wildlife Service, as appropriate, shall conduct 
     coordinated outreach to ports to provide information with 
     respect to--
       (1) how to apply for assistance under subsection (a);
       (2) the benefits of such assistance; and
       (3) facilitation of best practices and lessons, including 
     the best practices and lessons learned from activities 
     carried out using such assistance.
       (f) Report Required.--Not less frequently than annually, 
     the Under Secretary shall make available to the public on a 
     publicly accessible internet website of the National Oceanic 
     and Atmospheric Administration a report that includes the 
     following information:
       (1) The name and location of each entity to which 
     assistance was awarded under subsection (a) during the year 
     preceding submission of the report.
       (2) The amount of each such award.
       (3) A description of the activities carried out with each 
     such award.
       (4) An estimate of the likely impact of such activities on 
     the reduction of threats to marine mammals.
       (5) An estimate of the likely impact of such activities, 
     including the cost of such activities, on port operations.
       (g) Funding.--From funds otherwise appropriated to the 
     Under Secretary, $10,000,000 is authorized to carry out this 
     section for each of fiscal years 2023 through 2028.
       (h) Savings Clause.--An activity may not be carried out 
     under this section if the Secretary of Defense, in 
     consultation with the Under Secretary, determines that the 
     activity would negatively impact the defense readiness or the 
     national security of the United States.

     SEC. 5313. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM 
                   FOR LARGE CETACEANS.

       (a) Establishment.--The Under Secretary, in coordination 
     with the heads of other relevant Federal agencies, shall 
     design and deploy a cost-effective, efficient, and results-
     oriented near real-time monitoring and mitigation program for 
     endangered or threatened cetaceans (referred to in this 
     section as the ``Program'').
       (b) Purpose.--The purpose of the Program shall be to reduce 
     the risk to large cetaceans posed by vessel collisions, and 
     to minimize other impacts on large cetaceans, through the use 
     of near real-time location monitoring and location 
     information.
       (c) Requirements.--The Program shall--
       (1) prioritize species of large cetaceans for which impacts 
     from vessel collisions are of particular concern;

[[Page S5966]]

       (2) prioritize areas where such impacts are of particular 
     concern;
       (3) be capable of detecting and alerting ocean users and 
     enforcement agencies of the probable location of large 
     cetaceans on an actionable real-time basis, including through 
     real-time data whenever possible;
       (4) inform sector-specific mitigation protocols to 
     effectively reduce takes (as defined in section 216.3 of 
     title 50, Code of Federal Regulations, or successor 
     regulations) of large cetaceans;
       (5) integrate technology improvements; and
       (6) be informed by technologies, monitoring methods, and 
     mitigation protocols developed under the pilot project 
     required by subsection (d).
       (d) Pilot Project.--
       (1) Establishment.--In carrying out the Program, the Under 
     Secretary shall first establish a pilot monitoring and 
     mitigation project for North Atlantic right whales (referred 
     to in this section as the ``pilot project'') for the purposes 
     of informing the Program.
       (2) Requirements.--In designing and deploying the pilot 
     project, the Under Secretary, in coordination with the heads 
     of other relevant Federal agencies, shall, using the best 
     available scientific information, identify and ensure 
     coverage of--
       (A) core foraging habitats; and
       (B) important feeding, breeding, calving, rearing, or 
     migratory habitats of North Atlantic right whales that co-
     occur with areas of high risk of mortality or serious injury 
     of such whales from vessels, vessel strikes, or disturbance.
       (3) Components.--Not later than 3 years after the date of 
     the enactment of this Act, the Under Secretary, in 
     consultation with relevant Federal agencies and Tribal 
     governments, and with input from affected stakeholders, shall 
     design and deploy a near real-time monitoring system for 
     North Atlantic right whales that--
       (A) comprises the best available detection power, spatial 
     coverage, and survey effort to detect and localize North 
     Atlantic right whales within habitats described in paragraph 
     (2);
       (B) is capable of detecting North Atlantic right whales, 
     including visually and acoustically;
       (C) uses dynamic habitat suitability models to inform the 
     likelihood of North Atlantic right whale occurrence in 
     habitats described in paragraph (2) at any given time;
       (D) coordinates with the Integrated Ocean Observing System 
     of the National Oceanic and Atmospheric Administration and 
     Regional Ocean Partnerships to leverage monitoring assets;
       (E) integrates historical data;
       (F) integrates new near real-time monitoring methods and 
     technologies as such methods and technologies become 
     available;
       (G) accurately verifies and rapidly communicates detection 
     data to appropriate ocean users;
       (H) creates standards for contributing, and allows ocean 
     users to contribute, data to the monitoring system using 
     comparable near real-time monitoring methods and 
     technologies;
       (I) communicates the risks of injury to large cetaceans to 
     ocean users in a manner that is most likely to result in 
     informed decision making regarding the mitigation of those 
     risks; and
       (J) minimizes additional stressors to large cetaceans as a 
     result of the information available to ocean users.
       (4) Reports.--
       (A) Preliminary report.--
       (i) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Under Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives, and make available to the public, a 
     preliminary report on the pilot project.
       (ii) Elements.--The report required by clause (i) shall 
     include the following:

       (I) A description of the monitoring methods and technology 
     in use or planned for deployment under the pilot project.
       (II) An analysis of the efficacy of the methods and 
     technology in use or planned for deployment for detecting 
     North Atlantic right whales.
       (III) An assessment of the manner in which the monitoring 
     system designed and deployed under paragraph (3) is directly 
     informing and improving the management, health, and survival 
     of North Atlantic right whales.
       (IV) A prioritized identification of technology or research 
     gaps.
       (V) A plan to communicate the risks of injury to large 
     cetaceans to ocean users in a manner that is most likely to 
     result in informed decision making regarding the mitigation 
     of such risks.
       (VI) Any other information on the potential benefits and 
     efficacy of the pilot project the Under Secretary considers 
     appropriate.

       (B) Final report.--
       (i) In general.--Not later than 6 years after the date of 
     the enactment of this Act, the Under Secretary, in 
     coordination with the heads of other relevant Federal 
     agencies, shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Natural 
     Resources of the House of Representatives, and make available 
     to the public, a final report on the pilot project.
       (ii) Elements.--The report required by clause (i) shall--

       (I) address the elements under subparagraph (A)(ii); and
       (II) include--

       (aa) an assessment of the benefits and efficacy of the 
     pilot project;
       (bb) a strategic plan to expand the pilot project to 
     provide near real-time monitoring and mitigation measures--
       (AA) to additional large cetaceans of concern for which 
     such measures would reduce risk of serious injury or death; 
     and
       (BB) in important feeding, breeding, calving, rearing, or 
     migratory habitats of large cetaceans that co-occur with 
     areas of high risk of mortality or serious injury from vessel 
     strikes or disturbance;
       (cc) a budget and description of funds necessary to carry 
     out such strategic plan;
       (dd) a prioritized plan for acquisition, deployment, and 
     maintenance of monitoring technologies; and
       (ee) the locations or species to which such plan would 
     apply.
       (e) Mitigation Protocols.--The Under Secretary, in 
     consultation with the Secretary, the Secretary of Defense, 
     the Secretary of Transportation, and the Secretary of the 
     Interior, and with input from affected stakeholders, shall 
     develop and deploy mitigation protocols that make use of the 
     monitoring system designed and deployed under subsection 
     (d)(3) to direct sector-specific mitigation measures that 
     avoid and significantly reduce risk of serious injury and 
     mortality to North Atlantic right whales.
       (f) Access to Data.--The Under Secretary shall provide 
     access to data generated by the monitoring system designed 
     and deployed under subsection (d)(3) for purposes of 
     scientific research and evaluation and public awareness and 
     education, including through the Right Whale Sighting 
     Advisory System of the National Oceanic and Atmospheric 
     Administration and WhaleMap or other successor public 
     internet website portals, subject to review for national 
     security considerations.
       (g) Additional Authority.--The Under Secretary may enter 
     into and perform such contracts, leases, grants, or 
     cooperative agreements as may be necessary to carry out the 
     purposes of this section on such terms as the Under Secretary 
     considers appropriate, consistent with the Federal 
     Acquisition Regulation.
       (h) Savings Clause.--An activity may not be carried out 
     under this section if the Secretary of Defense, in 
     consultation with the Under Secretary, determines that the 
     activity would negatively impact the defense readiness or the 
     national security of the United States.
       (i) Funding.--From funds otherwise appropriated to the 
     Under Secretary, $5,000,000 for each of fiscal years 2023 
     through 2027 is authorized to support the development, 
     deployment, application, and ongoing maintenance of the 
     Program.

     SEC. 5314. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR 
                   PUGET SOUND REGION.

       (a) Establishment.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary, with the 
     concurrence of the Under Secretary, shall establish a pilot 
     program to establish a Cetacean Desk, which shall be--
       (A) located and manned within the Puget Sound Vessel 
     Traffic Service; and
       (B) designed--
       (i) to improve coordination with the maritime industry to 
     reduce the risk of vessel impacts to large cetaceans, 
     including impacts from vessel strikes, disturbances, and 
     other sources; and
       (ii) to monitor the presence and location of large 
     cetaceans during the months during which such large cetaceans 
     are present in Puget Sound, the Strait of Juan de Fuca, and 
     the United States portion of the Salish Sea.
       (2) Duration and staffing.--The pilot program required by 
     paragraph (1)--
       (A) shall--
       (i) be for a duration of 4 years; and
       (ii) require not more than 1 full-time equivalent position, 
     who shall also contribute to other necessary Puget Sound 
     Vessel Traffic Service duties and responsibilities as needed; 
     and
       (B) may be supported by other existing Federal employees, 
     as appropriate.
       (b) Engagement With Vessel Operators.--
       (1) In general.--Under the pilot program required by 
     subsection (a), the Secretary shall require personnel of the 
     Cetacean Desk to engage with vessel operators in areas where 
     large cetaceans have been seen or could reasonably be present 
     to ensure compliance with applicable laws, regulations, and 
     voluntary guidance, to reduce the impact of vessel traffic on 
     large cetaceans.
       (2) Contents.--In engaging with vessel operators as 
     required by paragraph (1), personnel of the Cetacean Desk 
     shall communicate where and when sightings of large cetaceans 
     have occurred.
       (c) Memorandum of Understanding.--The Secretary and the 
     Under Secretary may enter into a memorandum of understanding 
     to facilitate real-time sharing of data relating to large 
     cetaceans between the Quiet Sound program of the State of 
     Washington, the National Oceanic and Atmospheric 
     Administration, and the Puget Sound Vessel Traffic Service, 
     and other relevant entities, as appropriate.
       (d) Data.--The Under Secretary shall leverage existing data 
     collection methods, the Program required by section 313, and 
     public data to ensure accurate and timely information on the 
     sighting of large cetaceans.

[[Page S5967]]

       (e) Consultations.--
       (1) In general.--In carrying out the pilot program required 
     by subsection (a), the Secretary shall consult with Tribal 
     governments, the State of Washington, institutions of higher 
     education, the maritime industry, ports in the Puget Sound 
     region, and nongovernmental organizations.
       (2) Coordination with canada.--When appropriate, the 
     Secretary shall coordinate with the Government of Canada, 
     consistent with policies and agreements relating to 
     management of vessel traffic in Puget Sound.
       (f) Puget Sound Vessel Traffic Service Local Variance and 
     Policy.--The Secretary, with the concurrence of the Under 
     Secretary and in consultation with the Captain of the Port 
     for the Puget Sound region--
       (1) shall implement local variances, as authorized by 
     subsection (c) of section 70001 of title 46, United States 
     Code, to reduce the impact of vessel traffic on large 
     cetaceans; and
       (2) may enter into cooperative agreements, in accordance 
     with subsection (d) of that section, with Federal, State, and 
     local officials to reduce the likelihood of vessel 
     interactions with protected large cetaceans, which may 
     include--
       (A) communicating marine mammal protection guidance to 
     vessels;
       (B) training on requirements imposed by local, State, 
     Tribal, and Federal laws and regulations and guidelines 
     concerning--
       (i) vessel buffer zones;
       (ii) vessel speed;
       (iii) seasonal no-go zones for vessels;
       (iv) protected areas, including areas designated as 
     critical habitat, as applicable to marine operations; and
       (v) any other activities to reduce the direct and indirect 
     impact of vessel traffic on large cetaceans;
       (C) training to understand, utilize, and communicate large 
     cetacean location data; and
       (D) training to understand and communicate basic large 
     cetacean detection, identification, and behavior, including--
       (i) cues of the presence of large cetaceans such as spouts, 
     water disturbances, breaches, or presence of prey;
       (ii) important feeding, breeding, calving, and rearing 
     habitats that co-occur with areas of high risk of vessel 
     strikes;
       (iii) seasonal large cetacean migration routes that co-
     occur with areas of high risk of vessel strikes; and
       (iv) areas designated as critical habitat for large 
     cetaceans.
       (g) Report Required.--Not later than 1 year after the date 
     of the enactment of this Act, and every 2 years thereafter 
     for the duration of the pilot program under this section, the 
     Commandant, in coordination with the Under Secretary and the 
     Administrator of the Maritime Administration, shall submit to 
     the appropriate congressional committees a report that--
       (1) evaluates the functionality, utility, reliability, 
     responsiveness, and operational status of the Cetacean Desk 
     established under the pilot program required by subsection 
     (a), including a quantification of reductions in vessel 
     strikes to large cetaceans as a result of the pilot program;
       (2) assesses the efficacy of communication between the 
     Cetacean Desk and the maritime industry and provides 
     recommendations for improvements;
       (3) evaluates the integration and interoperability of 
     existing data collection methods, as well as public data, 
     into the Cetacean Desk operations;
       (4) assesses the efficacy of collaboration and stakeholder 
     engagement with Tribal governments, the State of Washington, 
     institutions of higher education, the maritime industry, 
     ports in the Puget Sound region, and nongovernmental 
     organizations; and
       (5) evaluates the progress, performance, and implementation 
     of guidance and training procedures for Puget Sound Vessel 
     Traffic Service personnel.

     SEC. 5315. MONITORING OCEAN SOUNDSCAPES.

       (a) In General.--The Under Secretary shall maintain and 
     expand an ocean soundscape development program--
       (1) to award grants to expand the deployment of Federal and 
     non-Federal observing and data management systems capable of 
     collecting measurements of underwater sound for purposes of 
     monitoring and analyzing baselines and trends in the 
     underwater soundscape to protect and manage marine life;
       (2) to continue to develop and apply standardized forms of 
     measurements to assess sounds produced by marine animals, 
     physical processes, and anthropogenic activities; and
       (3) after coordinating with the Secretary of Defense, to 
     coordinate and make accessible to the public the datasets, 
     modeling and analysis, and user-driven products and tools 
     resulting from observations of underwater sound funded 
     through grants awarded under paragraph (1).
       (b) Coordination.--The program described in subsection (a) 
     shall--
       (1) include the Ocean Noise Reference Station Network of 
     the National Oceanic and Atmospheric Administration and the 
     National Park Service;
       (2) use and coordinate with the Integrated Ocean Observing 
     System; and
       (3) coordinate with the Regional Ocean Partnerships and the 
     Director of the United States Fish and Wildlife Service, as 
     appropriate.
       (c) Priority.--In awarding grants under subsection (a), the 
     Under Secretary shall consider the geographic diversity of 
     the recipients of such grants.
       (d) Savings Clause.--An activity may not be carried out 
     under this section if the Secretary of Defense, in 
     consultation with the Under Secretary, determines that the 
     activity would negatively impact the defense readiness or the 
     national security of the United States.
       (e) Funding.--From funds otherwise appropriated to the 
     Under Secretary, $1,500,000 is authorized for each of fiscal 
     years 2023 through 2028 to carry out this section.

                         Subtitle B--Oil Spills

     SEC. 5321. IMPROVING OIL SPILL PREPAREDNESS.

       The Under Secretary of Commerce for Oceans and Atmosphere 
     shall include in the Automated Data Inquiry for Oil Spills 
     database (or a successor database) used by National Oceanic 
     and Atmospheric Administration oil weathering models new 
     data, including peer-reviewed data, on properties of crude 
     and refined oils, including data on diluted bitumen, as such 
     data becomes publicly available.

     SEC. 5322. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.

       (a) Alaska Oil Spill Planning Criteria Program.--
       (1) In general.--Chapter 3 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 323. Western Alaska Oil Spill Planning Criteria 
       Program

       ``(a) Establishment.--There is established within the Coast 
     Guard a Western Alaska Oil Spill Planning Criteria Program 
     (referred to in this section as the `Program') to develop and 
     administer the Western Alaska oil spill planning criteria.
       ``(b) Program Manager.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this section, the Commandant shall select a 
     permanent civilian career employee through a competitive 
     search process for a term of not less than 5 years to serve 
     as the Western Alaska Oil Spill Criteria Program Manager 
     (referred to in this section as the `Program Manager')--
       ``(A) the primary duty of whom shall be to administer the 
     Program; and
       ``(B) who shall not be subject to frequent or routine 
     reassignment.
       ``(2) Conflicts of interest.--The individual selected to 
     serve as the Program Manager shall not have conflicts of 
     interest relating to entities regulated by the Coast Guard.
       ``(3) Duties.--
       ``(A) Development of guidance.--The Program Manager shall 
     develop guidance for--
       ``(i) approval, drills, and testing relating to the Western 
     Alaska oil spill planning criteria; and
       ``(ii) gathering input concerning such planning criteria 
     from Federal agencies, State, local, and Tribal governments, 
     and relevant industry and nongovernmental entities.
       ``(B) Assessments.--Not less frequently than once every 5 
     years, the Program Manager shall--
       ``(i) assess whether such existing planning criteria 
     adequately meet the needs of vessels operating in the 
     geographic area; and
       ``(ii) identify methods for advancing response capability 
     so as to achieve, with respect to a vessel, compliance with 
     national planning criteria.
       ``(C) Onsite verifications.--The Program Manager shall 
     address the relatively small number and limited nature of 
     verifications of response capabilities for vessel response 
     plans by increasing, within the Seventeenth Coast Guard 
     District, the quantity and frequency of onsite verifications 
     of the providers identified in vessel response plans.
       ``(c) Training.--The Commandant shall enhance the knowledge 
     and proficiency of Coast Guard personnel with respect to the 
     Program by--
       ``(1) developing formalized training on the Program that, 
     at a minimum--
       ``(A) provides in-depth analysis of--
       ``(i) the national planning criteria described in part 155 
     of title 33, Code of Federal Regulations (or successor 
     regulations);
       ``(ii) alternative planning criteria;
       ``(iii) Western Alaska oil spill planning criteria;
       ``(iv) Captain of the Port and Federal On-Scene Coordinator 
     authorities related to activation of a vessel response plan;
       ``(v) the responsibilities of vessel owners and operators 
     in preparing a vessel response plan for submission; and
       ``(vi) responsibilities of the Area Committee, including 
     risk analysis, response capability, and development of 
     alternative planning criteria;
       ``(B) explains the approval processes of vessel response 
     plans that involve alternative planning criteria or Western 
     Alaska oil spill planning criteria; and
       ``(C) provides instruction on the processes involved in 
     carrying out the actions described in paragraphs (9)(D) and 
     (9)(F) of section 311(j) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321(j)), including instruction on 
     carrying out such actions--
       ``(i) in any geographic area in the United States; and
       ``(ii) specifically in the Seventeenth Coast Guard 
     District; and
       ``(2) providing such training to all Coast Guard personnel 
     involved in the Program.
       ``(d) Definitions.--In this section:
       ``(1) Alternative planning criteria.--The term `alternative 
     planning criteria' means

[[Page S5968]]

     criteria submitted under section 155.1065 or 155.5067 of 
     title 33, Code of Federal Regulations (or successor 
     regulations), for vessel response plans.
       ``(2) Tribal.--The term `Tribal' means of or pertaining to 
     an Indian Tribe or a Tribal organization (as those terms are 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304)).
       ``(3) Vessel response plan.--The term `vessel response 
     plan' means a plan required to be submitted by the owner or 
     operator of a tank vessel or a nontank vessel under 
     regulations issued by the President under section 311(j)(5) 
     of the Federal Water Pollution Control Act (33 U.S.C. 
     1321(j)(5)).
       ``(4) Western alaska oil spill planning criteria.--The term 
     `Western Alaska oil spill planning criteria' means the 
     criteria required under paragraph (9) of section 311(j) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1321(j)).''.
       (2) Clerical amendment.--The analysis for chapter 3 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``323. Western Alaska Oil Spill Planning Criteria Program.''.
       (b) Western Alaska Oil Spill Planning Criteria.--
       (1) Amendment.--Section 311(j) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)) is amended by 
     adding at the end the following:
       ``(9) Alternative planning criteria program.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Alternative planning criteria.--The term `alternative 
     planning criteria' means criteria submitted under section 
     155.1065 or 155.5067 of title 33, Code of Federal Regulations 
     (or successor regulations), for vessel response plans.
       ``(ii) Prince william sound captain of the port zone.--The 
     term `Prince William Sound Captain of the Port Zone' means 
     the area described in section 3.85-15(b) of title 33, Code of 
     Federal Regulations (or successor regulations).
       ``(iii) Secretary.--The term `Secretary' means the 
     Secretary of the department in which the Coast Guard is 
     operating.
       ``(iv) Tribal.--The term `Tribal' means of or pertaining to 
     an Indian Tribe or a Tribal organization (as those terms are 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304)).
       ``(v) Vessel response plan.--The term `vessel response 
     plan' means a plan required to be submitted by the owner or 
     operator of a tank vessel or a nontank vessel under 
     regulations issued by the President under paragraph (5).
       ``(vi) Western alaska captain of the port zone.--The term 
     `Western Alaska Captain of the Port Zone' means the area 
     described in section 3.85-15(a) of title 33, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     paragraph).
       ``(B) Requirement.--Except as provided in subparagraph (I), 
     for any part of the area of responsibility of the Western 
     Alaska Captain of the Port Zone or the Prince William Sound 
     Captain of the Port Zone in which the Secretary has 
     determined that the national planning criteria established 
     pursuant to this subsection are inappropriate for a vessel 
     operating in that area, a response plan required under 
     paragraph (5) with respect to a discharge of oil for such a 
     vessel shall comply with the planning criteria established 
     under subparagraph (D)(i).
       ``(C) Relation to national planning criteria.--The planning 
     criteria established under subparagraph (D)(i) shall, with 
     respect to a discharge of oil from a vessel described in 
     subparagraph (B), apply in lieu of any alternative planning 
     criteria accepted for vessels operating in that area prior to 
     the date on which the planning criteria under subparagraph 
     (D)(i) are established.
       ``(D) Establishment of planning criteria.--The President, 
     acting through the Commandant in consultation with the 
     Western Alaska Oil Spill Criteria Program Manager established 
     under section 323 of title 14, United States Code--
       ``(i) shall establish--

       ``(I) Alaska oil spill planning criteria for a worst case 
     discharge of oil, and a substantial threat of such a 
     discharge, within any part of the area of responsibility of 
     the Western Alaska Captain of the Port Zone or Prince William 
     Sound Captain of the Port Zone in which the Secretary has 
     determined that the national planning criteria established 
     pursuant to this subsection are inappropriate for a vessel 
     operating in that area; and
       ``(II) standardized submission, review, approval, and 
     compliance verification processes for the planning criteria 
     established under clause (i), including the quantity and 
     frequency of drills and on-site verifications of vessel 
     response plans accepted pursuant to those planning criteria; 
     and

       ``(ii) may, as required to develop standards that 
     adequately reflect the needs and capabilities of various 
     locations within the Western Alaska Captain of the Port Zone, 
     develop subregions in which the Alaska oil spill planning 
     criteria referred to in clause (i)(I) may differ from such 
     criteria for other subregions in the Western Alaska Captain 
     of the Port Zone, provided that any such criteria for a 
     subregion is not less stringent than the criteria required 
     for a worst case discharge of oil, and a substantial threat 
     of such a discharge, within any part of the applicable 
     subregion.
       ``(E) Inclusions.--
       ``(i) In general.--The Western Alaska oil spill planning 
     criteria established under subparagraph (D)(i) shall include 
     planning criteria for the following:

       ``(I) Mechanical oil spill response resources that are 
     required to be located within that area.
       ``(II) Response times for mobilization of oil spill 
     response resources and arrival on the scene of a worst case 
     discharge of oil, or substantial threat of such a discharge, 
     occurring within that area.
       ``(III) Pre-identified vessels for oil spill response that 
     are capable of operating in the ocean environment.
       ``(IV) Ensuring the availability of at least 1 oil spill 
     removal organization that is classified by the Coast Guard 
     and that--

       ``(aa) is capable of responding in all operating 
     environments in that area;
       ``(bb) controls oil spill response resources of dedicated 
     and nondedicated resources within that area, through 
     ownership, contracts, agreements, or other means approved by 
     the President, sufficient--
       ``(AA) to mobilize and sustain a response to a worst case 
     discharge of oil; and
       ``(BB) to contain, recover, and temporarily store 
     discharged oil;
       ``(cc) has pre-positioned oil spill response resources in 
     strategic locations throughout that area in a manner that 
     ensures the ability to support response personnel, marine 
     operations, air cargo, or other related logistics 
     infrastructure;
       ``(dd) has temporary storage capability using both 
     dedicated and non-dedicated assets located within that area;
       ``(ee) has non-mechanical oil spill response resources, to 
     be available under contracts, agreements, or other means 
     approved by the President, capable of responding to a 
     discharge of persistent oil and a discharge of nonpersistent 
     oil, whether the discharged oil was carried by a vessel as 
     fuel or cargo; and
       ``(ff) considers availability of wildlife response 
     resources for primary, secondary, and tertiary responses to 
     support carcass collection, sampling, deterrence, rescue, and 
     rehabilitation of birds, sea turtles, marine mammals, fishery 
     resources, and other wildlife.

       ``(V) With respect to tank barges carrying nonpersistent 
     oil in bulk as cargo, oil spill response resources that are 
     required to be carried on board.
       ``(VI) Specifying a minimum length of time that approval of 
     a response plan under this paragraph is valid.
       ``(VII) Managing wildlife protection and rehabilitation, 
     including identified wildlife protection and rehabilitation 
     resources in that area.

       ``(ii) Additional considerations.--The Commandant may 
     consider criteria regarding--

       ``(I) vessel routing measures consistent with international 
     routing measure deviation protocols; and
       ``(II) maintenance of real-time continuous vessel tracking, 
     monitoring, and engagement protocols with the ability to 
     detect and address vessel operation anomalies.

       ``(F) Requirement for approval.--The President may approve 
     a response plan for a vessel under this paragraph only if the 
     owner or operator of the vessel demonstrates the availability 
     of the oil spill response resources required to be included 
     in the response plan under the planning criteria established 
     under subparagraph (D)(i).
       ``(G) Periodic audits.--The Secretary shall conduct 
     periodic audits to ensure compliance of vessel response plans 
     and oil spill removal organizations within the Western Alaska 
     Captain of the Port Zone and the Prince William Sound Captain 
     of the Port Zone with the planning criteria under 
     subparagraph (D)(i).
       ``(H) Review of determination.--Not less frequently than 
     once every 5 years, the Secretary shall review each 
     determination of the Secretary under subparagraph (B) that 
     the national planning criteria are inappropriate for a vessel 
     operating in the area of responsibility of the Western Alaska 
     Captain of the Port Zone and the Prince William Sound Captain 
     of the Port Zone.
       ``(I) Vessels in cook inlet.--Unless otherwise authorized 
     by the Secretary, a vessel may only operate in Cook Inlet, 
     Alaska, under a vessel response plan that meets the 
     requirements of the national planning criteria established 
     pursuant to paragraph (5).
       ``(J) Savings provisions.--Nothing in this paragraph 
     affects--
       ``(i) the requirements under this subsection applicable to 
     vessel response plans for vessels operating within the area 
     of responsibility of the Western Alaska Captain of the Port 
     Zone, within Cook Inlet, Alaska;
       ``(ii) the requirements under this subsection applicable to 
     vessel response plans for vessels operating within the area 
     of responsibility of the Prince William Sound Captain of the 
     Port Zone under section 5005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2735); or
       ``(iii) the authority of a Federal On-Scene Coordinator to 
     use any available resources when responding to an oil 
     spill.''.
       (2) Establishment of alaska oil spill planning criteria.--
       (A) Deadline.--Not later than 2 years after the date of the 
     enactment of this Act, the President shall establish the 
     planning criteria required to be established under paragraph 
     (9)(D)(i) of section 311(j) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321(j)).
       (B) Consultation.--In establishing the planning criteria 
     described in subparagraph

[[Page S5969]]

     (B), the President shall consult with the Federal, State, 
     local, and Tribal agencies and the owners and operators that 
     would be subject to those planning criteria, and with oil 
     spill removal organizations, Alaska Native organizations, and 
     environmental nongovernmental organizations located within 
     the State of Alaska.
       (C) Congressional report.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report describing the status of implementation 
     of paragraph (9) of section 311(j) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)).

     SEC. 5323. ACCIDENT AND INCIDENT NOTIFICATION RELATING TO 
                   PIPELINES.

       (a) Repeal.--Subsection (c) of section 9 of the Pipeline 
     Safety, Regulatory Certainty, and Job Creation Act of 2011 
     (49 U.S.C. 60117 note; Public Law 112-90) is repealed.
       (b) Application.--Section 9 of the Pipeline Safety, 
     Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 
     60117 note; Public Law 112-90) shall be applied and 
     administered as if the subsection repealed by subsection (a) 
     had never been enacted.

     SEC. 5324. COAST GUARD CLAIMS PROCESSING COSTS.

       Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(4)) is amended by striking ``damages;'' and 
     inserting ``damages, including, in the case of a spill of 
     national significance that results in extraordinary Coast 
     Guard claims processing activities, the administrative and 
     personnel costs of the Coast Guard to process those claims 
     (including the costs of commercial claims processing, expert 
     services, training, and technical services), subject to the 
     condition that the Coast Guard shall submit to Congress a 
     report describing the spill of national significance not 
     later than 30 days after the date on which the Coast Guard 
     determines it necessary to process those claims;''.

     SEC. 5325. CALCULATION OF INTEREST ON DEBT OWED TO THE 
                   NATIONAL POLLUTION FUND.

       Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2705(b)(4)) is amended--
       (1) by striking ``The interest paid'' and inserting the 
     following:
       ``(A) In general.--The interest paid for claims, other than 
     Federal Government cost recovery claims,''; and
       (2) by adding at the end the following:
       ``(B) Federal cost recovery claims.--The interest paid for 
     Federal Government cost recovery claims under this section 
     shall be calculated in accordance with section 3717 of title 
     31, United States Code.''.

     SEC. 5326. PER-INCIDENT LIMITATION.

       Subparagraph (A) of section 9509(c)(2) of the Internal 
     Revenue Code of 1986 is amended--
       (1) in clause (i), by striking ``$1,000,000,000'' and 
     inserting ``$1,500,000,000'';
       (2) in clause (ii), by striking ``$500,000,000'' and 
     inserting ``$750,000,000''; and
       (3) in the heading, by striking ``$1,000,000,000'' and 
     inserting ``$1,500,000,000''.

     SEC. 5327. ACCESS TO THE OIL SPILL LIABILITY TRUST FUND.

       Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2752) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Exceptions.--
       ``(1) In general.--Subsection (a) shall not apply to--
       ``(A) section 1006(f), 1012(a)(4), or 5006; or
       ``(B) an amount, which may not exceed $50,000,000 in any 
     fiscal year, made available by the President from the Fund--
       ``(i) to carry out section 311(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(c)); and
       ``(ii) to initiate the assessment of natural resources 
     damages required under section 1006.
       ``(2) Fund advances.--
       ``(A) In general.--To the extent that the amount described 
     in subparagraph (B) of paragraph (1) is not adequate to carry 
     out the activities described in that subparagraph, the Coast 
     Guard may obtain 1 or more advances from the Fund as may be 
     necessary, up to a maximum of $100,000,000 for each advance, 
     with the total amount of advances not to exceed the amounts 
     available under section 9509(c)(2) of the Internal Revenue 
     Code of 1986.
       ``(B) Notification to congress.--Not later than 30 days 
     after the date on which the Coast Guard obtains an advance 
     under subparagraph (A), the Coast Guard shall notify Congress 
     of--
       ``(i) the amount advanced; and
       ``(ii) the facts and circumstances that necessitated the 
     advance.
       ``(C) Repayment.--Amounts advanced under this paragraph 
     shall be repaid to the Fund when, and to the extent that, 
     removal costs are recovered by the Coast Guard from 
     responsible parties for the discharge or substantial threat 
     of discharge.
       ``(3) Availability.--Amounts to which this subsection 
     applies shall remain available until expended.''.

     SEC. 5328. COST-REIMBURSABLE AGREEMENTS.

       Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712) is amended--
       (1) in subsection (a)(1)(B), by striking ``by a Governor or 
     designated State official'' and inserting ``by a State, a 
     political subdivision of a State, or an Indian tribe, 
     pursuant to a cost-reimbursable agreement'';
       (2) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Cost-reimbursable Agreement.--
       ``(1) In general.--In carrying out section 311(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the 
     President may enter into cost-reimbursable agreements with a 
     State, a political subdivision of a State, or an Indian tribe 
     to obligate the Fund for the payment of removal costs 
     consistent with the National Contingency Plan.
       ``(2) Inapplicability.--Neither section 1535 of title 31, 
     United States Code, nor chapter 63 of that title shall apply 
     to a cost-reimbursable agreement entered into under this 
     subsection.''; and
       (3) by redesignating subsections (f), (h), (i), (j), (k), 
     and (l) as subsections (e), (f), (g), (h), (i), and (j), 
     respectively.

     SEC. 5329. OIL SPILL RESPONSE REVIEW.

       (a) In General.--Subject to the availability of 
     appropriations, the Commandant shall develop and carry out a 
     program--
       (1) to increase collection and improve the quality of 
     incident data on oil spill location and response capability 
     by periodically evaluating the data, documentation, and 
     analysis of--
       (A) Coast Guard-approved vessel response plans, including 
     vessel response plan audits and assessments;
       (B) oil spill response drills conducted under section 
     311(j)(7) of the Federal Water Pollution Control Act (33 
     U.S.C. 1321(j)(7)) that occur within the Marine 
     Transportation System; and
       (C) responses to oil spill incidents that require 
     mobilization of contracted response resources;
       (2) to update, not less frequently than annually, 
     information contained in the Coast Guard Response Resource 
     Inventory and other Coast Guard tools used to document the 
     availability and status of oil spill response equipment, so 
     as to ensure that such information remains current; and
       (3) subject to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act''), to 
     make data collected under paragraph (1) available to the 
     public.
       (b) Policy.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall issue a policy--
       (1) to establish processes to maintain the program under 
     subsection (a) and support Coast Guard oil spill prevention 
     and response activities, including by incorporating oil spill 
     incident data from after-action oil spill reports and data 
     ascertained from vessel response plan exercises and audits 
     into--
       (A) review and approval process standards and metrics;
       (B) Alternative Planning Criteria (APC) review processes;
       (C) Area Contingency Plan (ACP) development;
       (D) risk assessments developed under section 70001 of title 
     46, United States Code, including lessons learned from 
     reportable marine casualties;
       (E) mitigating the impact of military personnel rotations 
     in Coast Guard field units on knowledge and awareness of 
     vessel response plan requirements, including knowledge 
     relating to the evaluation of proposed alternatives to 
     national planning requirements; and
       (F) evaluating the consequences of reporting inaccurate 
     data in vessel response plans submitted to the Commandant 
     pursuant to part 300 of title 40, Code of Federal 
     Regulations, and submitted for storage in the Marine 
     Information for Safety and Law Enforcement database pursuant 
     to section 300.300 of that title (or any successor 
     regulation);
       (2) to standardize and develop tools, training, and other 
     relevant guidance that may be shared with vessel owners and 
     operators to assist with accurately calculating and measuring 
     the performance and viability of proposed alternatives to 
     national planning criteria requirements and Area Contingency 
     Plans under the jurisdiction of the Coast Guard;
       (3) to improve training of Coast Guard personnel to ensure 
     continuity of planning activities under this section, 
     including by identifying ways in which civilian staffing may 
     improve the continuity of operations; and
       (4) to increase Federal Government engagement with State, 
     local, and Tribal governments and stakeholders so as to 
     strengthen coordination and efficiency of oil spill 
     responses.
       (c) Periodic Updates.--Not less frequently than every 5 
     years, the Commandant shall update the processes established 
     under subsection (b)(1) to incorporate relevant analyses of--
       (1) incident data on oil spill location and response 
     quality;
       (2) oil spill risk assessments;
       (3) oil spill response effectiveness and the effects of 
     such response on the environment;
       (4) oil spill response drills conducted under section 
     311(j)(7) of the Federal Water Pollution Control Act (33 
     U.S.C. 1321(j)(7));
       (5) marine casualties reported to the Coast Guard; and
       (6) near miss incidents documented by a Vessel Traffic 
     Service Center (as such terms are defined in section 70001(m) 
     of title 46, United States Code).
       (d) Report.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter for 5 
     years, the Commandant shall provide to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a briefing on the status of ongoing and 
     planned efforts to improve the effectiveness and oversight of 
     the vessel response program.
       (2) Public availability.--The Commandant shall publish the 
     report required by

[[Page S5970]]

     subparagraph (A) on a publicly accessible internet website of 
     the Coast Guard.

     SEC. 5330. REVIEW AND REPORT ON LIMITED INDEMNITY PROVISIONS 
                   IN STANDBY OIL SPILL RESPONSE CONTRACTS.

       (a) 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 the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the effects of removing limited 
     indemnity provisions from Coast Guard oil spill response 
     contracts entered into by the President (or a delegate) under 
     section 311(c) of the Federal Water Pollution Control Act (33 
     U.S.C. 1321(c)).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the adequacy of contracts described in 
     that subsection in meeting the needs of the United States to 
     carry out oil spill cleanups under the National Contingency 
     Plan (as defined in section 311(a) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(a)) during the period 
     beginning in 2009 and ending in 2014 with respect to those 
     contracts that included limited indemnity provisions for oil 
     spill response organizations.
       (2) A review of the costs incurred by the Coast Guard, the 
     Oil Spill Liability Trust Fund established by section 9509(a) 
     of the Internal Revenue Code of 1986, and the Federal 
     Government to cover the indemnity provisions provided to oil 
     spill response organizations during the period described in 
     paragraph (1).
       (3) An assessment of the adequacy of contracts described in 
     that subsection in meeting the needs of the United States to 
     carry out oil spill cleanups under the National Contingency 
     Plan (as so defined) after limited indemnity provisions for 
     oil spill response organizations were removed from those 
     contracts in 2014.
       (4) An assessment of the impact that the removal of limited 
     indemnity provisions described in paragraph (3) has had on 
     the ability of oil spill response organizations to enter into 
     contracts described in that subsection.
       (5) An assessment of the ability of the Oil Spill Liability 
     Trust Fund established by section 9509(a) of the Internal 
     Revenue Code of 1986, to cover limited indemnity provided to 
     a contractor for liabilities and expenses incidental to the 
     containment or removal of oil arising out of the performance 
     of a contract that is substantially identical to the terms 
     contained in subsections (d)(2) through (h) of section H.4 of 
     the contract offered by the Coast Guard in the solicitation 
     numbered DTCG89-98-A-68F953 and dated November 17, 1998.

     SEC. 5331. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING 
                   VESSELS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall review existing 
     Coast Guard policies with respect to exceptions to the 
     applicability of subchapter M of chapter I of title 46, Code 
     of Federal Regulations (or successor regulations), for--
       (1) an oil spill response vessel, or a vessel of 
     opportunity, while such vessel is--
       (A) towing boom for oil spill response; or
       (B) participating in an oil response exercise; and
       (2) a fishing vessel while that vessel is operating as a 
     vessel of opportunity.
       (b) Policy.--Not later than 180 days after the conclusion 
     of the review required by subsection (a), the Secretary shall 
     revise or issue any necessary policy to clarify the 
     applicability of subchapter M of chapter I of title 46, Code 
     of Federal Regulations (or successor regulations) to the 
     vessels described in subsection (a). Such a policy shall 
     ensure safe and effective operation of such vessels.
       (c) Definitions.--In this section:
       (1) Fishing vessel; oil spill response vessel.--The terms 
     ``fishing vessel'' and ``oil spill response vessel'' have the 
     meanings given such terms in section 2101 of title 46, United 
     States Code.
       (2) Vessel of opportunity.--The term ``vessel of 
     opportunity'' means a vessel engaged in spill response 
     activities that is normally and substantially involved in 
     activities other than spill response and not a vessel 
     carrying oil as a primary cargo.

                  Subtitle C--Environmental Compliance

     SEC. 5341. REVIEW OF ANCHORAGE REGULATIONS.

       (a) Regulatory Review.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall complete a 
     review of existing anchorage regulations or other rules, 
     which review shall include--
       (1) identifying any such regulations or rules that may need 
     modification or repeal in the interest of marine safety, 
     security, environmental, and economic concerns, taking into 
     account undersea pipelines, cables, or other infrastructure; 
     and
       (2) completing a cost-benefit analysis for any modification 
     or repeal identified under paragraph (1).
       (b) Briefing.--Upon completion of the review under 
     subsection (a), but not later than 2 years after the date of 
     enactment of this Act, the Secretary shall provide a briefing 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives that 
     summarizes the review.

     SEC. 5342. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, 
                   TRIBAL, AND RECREATIONAL FISHERIES FROM THE 
                   DEVELOPMENT OF RENEWABLE ENERGY ON THE WEST 
                   COAST.

       (a) Definitions.--In this section:
       (1) Covered waters.--The term ``covered waters'' means 
     Federal or State waters off of the Canadian border and out to 
     the furthest extent of the exclusive economic zone.
       (2) Exclusive economic zone.--The term ``exclusive economic 
     zone'' has the meaning given that term in section 107 of 
     title 46, United States Code.
       (b) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, the Secretary of the 
     Interior, and the Under Secretary of Commerce for Oceans and 
     Atmosphere, shall enter into an agreement with the National 
     Academy of Sciences under which the National Academy of 
     Sciences shall carry out a study to--
       (1) identify, document, and analyze--
       (A) historic and current, as of the date of the study, 
     Tribal, commercial, and recreational fishing grounds, as well 
     as areas where fish stocks are likely to shift in the future, 
     in all covered waters;
       (B) usual and accustomed fishing areas in all covered 
     waters;
       (C) historic, current, and potential future shipping lanes, 
     based on projected growth in shipping traffic in all covered 
     waters; and
       (D) key data needed to properly site renewable energy sites 
     on the West Coast;
       (2) analyze--
       (A) methods used to manage fishing, shipping, and other 
     maritime activities; and
       (B) how those activities could be impacted by the placement 
     of renewable energy infrastructure and the associated 
     construction, maintenance, and operation of such 
     infrastructure; and
       (3) provide recommendations on appropriate areas for 
     renewable energy sites and outline a comprehensive approach 
     to include all impacted coastal communities, particularly 
     Tribal governments and fisheries communities, in the 
     decision-making process.
       (c) Submission.--Not later than 1 year after commencing the 
     study under subsection (b), the Secretary shall--
       (1) submit the study to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, including all recommendations provided under 
     subsection (b)(3); and
       (2) make the study publicly available.

                    Subtitle D--Environmental Issues

     SEC. 5351. MODIFICATIONS TO THE SPORT FISH RESTORATION AND 
                   BOATING TRUST FUND ADMINISTRATION.

       (a) Dingell-Johnson Sport Fish Restoration Act 
     Amendments.--
       (1) Available amounts.--Section 4(b)(1)(B)(i) of the 
     Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
     777c(b)(1)(B)(i)) is amended by striking subclause (I) and 
     inserting the following:

       ``(I) the product obtained by multiplying--

       ``(aa) $12,786,434; and
       ``(bb) the change, relative to the preceding fiscal year, 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor; and''.
       (2) Authorized expenses.--Section 9(a) of the Dingell-
     Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is 
     amended--
       (A) in paragraph (7), by striking ``full-time''; and
       (B) in paragraph (9), by striking ``on a full-time basis''.
       (b) Pittman-Robertson Wildlife Restoration Act 
     Amendments.--
       (1) Available amounts.--Section 4(a)(1)(B)(i) of the 
     Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
     669c(a)(1)(B)(i)) is amended by striking subclause (I) and 
     inserting the following:

       ``(I) the product obtained by multiplying--

       ``(aa) $12,786,434; and
       ``(bb) the change, relative to the preceding fiscal year, 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor; and''.
       (2) Authorized expenses.--Section 9(a) of the Pittman-
     Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is 
     amended--
       (A) in paragraph (7), by striking ``full-time''; and
       (B) in paragraph (9), by striking ``on a full-time basis''.

     SEC. 5352. IMPROVEMENTS TO COAST GUARD COMMUNICATION WITH 
                   NORTH PACIFIC MARITIME AND FISHING INDUSTRY.

       (a) Rescue 21 System in Alaska.--
       (1) Upgrades.--The Commandant shall ensure the timely 
     upgrade of the Rescue 21 system in Alaska so as to achieve, 
     not later than August 30, 2023, 98 percent operational 
     availability of remote fixed facility sites.
       (2) Plan to reduce outages.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall develop an 
     operations and maintenance plan for the Rescue 21 system in 
     Alaska that anticipates maintenance needs so as to reduce 
     Rescue 21 system outages to the maximum extent practicable.
       (B) Public availability.--The plan required by subparagraph 
     (A) shall be made available to the public on a publicly 
     accessible internet website.
       (3) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commandant shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that--

[[Page S5971]]

       (A) contains a plan for the Coast Guard to notify mariners 
     of radio outages for towers owned and operated by the 
     Seventeenth Coast Guard District;
       (B) addresses in such plan how the Seventeenth Coast Guard 
     will--
       (i) disseminate updates regarding outages on social media 
     not less frequently than every 48 hours;
       (ii) provide updates on a publicly accessible website not 
     less frequently than every 48 hours;
       (iii) develop methods for notifying mariners in areas in 
     which cellular connectivity does not exist; and
       (iv) develop and advertise a web-based communications 
     update hub on AM/FM radio for mariners; and
       (C) identifies technology gaps necessary to implement the 
     plan and provides a budgetary assessment necessary to 
     implement the plan.
       (4) Contingency plan.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant, in collaboration 
     with relevant Federal and State entities (including the North 
     Pacific Fishery Management Council, the National Oceanic and 
     Atmospheric Administration Weather Service, the National 
     Oceanic and Atmospheric Administration Fisheries Service, 
     agencies of the State of Alaska, local radio stations, and 
     stakeholders), shall establish a contingency plan to ensure 
     that notifications of an outage of the Rescue 21 system in 
     Alaska are broadly disseminated in advance of such outage.
       (B) Elements.--The plan required by subparagraph (A) shall 
     require the Coast Guard--
       (i) to disseminate updates regarding outages on social 
     media not less frequently than every 48 hours during an 
     outage;
       (ii) to provide updates on a publicly accessible website 
     not less frequently than every 48 hours during an outage;
       (iii) to notify mariners in areas in which cellular 
     connectivity does not exist;
       (iv) to develop and advertise a web-based communications 
     update hub on AM/FM radio for mariners; and
       (v) to identify technology gaps that need to be addressed 
     in order to implement the plan, and to provide a budgetary 
     assessment necessary to implement the plan.
       (b) Improvements to Communication With the Fishing Industry 
     and Related Stakeholders.--
       (1) In general.--The Commandant, in coordination with the 
     National Commercial Fishing Safety Advisory Committee 
     established by section 15102 of title 46, United States Code, 
     shall develop a publicly accessible internet website that 
     contains all Coast Guard-related information relating to the 
     fishing industry, including safety information, inspection 
     and enforcement requirements, hazards, training, regulations 
     (including proposed regulations), Rescue 21 system outages 
     and similar outages, and any information regarding fishing-
     related activities under the jurisdiction of the Coast Guard.
       (2) Automatic communications.--The Commandant shall provide 
     methods for regular and automatic email communications with 
     stakeholders who elect, through the internet website 
     developed under paragraph (1), to receive such 
     communications.
       (c) Advance Notification of Military or Other Exercises.--
     In consultation with the Secretary of Defense, the Secretary 
     of State, and commercial fishing industry participants, the 
     Commandant shall develop and publish on a publicly available 
     internet website a plan for notifying United States mariners 
     and the operators of United States fishing vessels in advance 
     of--
       (1) military exercises in the exclusive economic zone of 
     the United States (as defined in section 3 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1802)); or
       (2) other military activities that will impact recreational 
     or commercial activities.

     SEC. 5353. FISHING SAFETY TRAINING GRANTS PROGRAM.

       Section 4502(i)(4) of title 46, United States Code, is 
     amended by striking ``2018 through 2021'' and inserting 
     ``2023 through 2025''.

     SEC. 5354. LOAD LINES.

       (a) Definition of Covered Fishing Vessel.--In this section, 
     the term ``covered fishing vessel'' means a vessel that 
     operates exclusively in one, or both, of the Thirteenth and 
     Seventeenth Coast Guard Districts and that--
       (1) was constructed, under construction, or under contract 
     to be constructed as a fish tender vessel before January 1, 
     1980;
       (2) was converted for use as a fish tender vessel before 
     January 1, 2022, and--
       (A) the vessel has a current stability letter issued in 
     accordance with regulations prescribed under chapter 51 of 
     title 46, United States Code; and
       (B) the hull and internal structure of the vessel has been 
     verified as suitable for intended service as examined by a 
     marine surveyor of an organization accepted by the Secretary 
     2 times in the 5 years preceding the date of the 
     determination under this subsection, with no interval of more 
     than 3 years between such examinations; or
       (3) operates part-time as a fish tender vessel for a period 
     of less than 180 days.
       (b) Application to Certain Vessels.--During the period 
     beginning on the date of enactment of this Act and ending on 
     the date that is 3 years after the date on which the report 
     required under subsection (c) is submitted, the load line 
     requirements of chapter 51 of title 46, United States Code, 
     shall not apply to covered fishing vessels.
       (c) GAO Report.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives--
       (A) a report on the safety and seaworthiness of vessels 
     referenced in section 5102(b)(5) of title 46, United States 
     Code; and
       (B) recommendations for exempting certain vessels from the 
     load line requirements under chapter 51 of title 46 of such 
     Code.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following:
       (A) An assessment of stability requirements of vessels 
     referenced in section 5102(b)(5) of title 46, United States 
     Code.
       (B) An analysis of vessel casualties, mishaps, or other 
     safety information relevant to load line requirements when a 
     vessel is operating part-time as a fish tender vessel.
       (C) An assessment of any other safety information as the 
     Comptroller General determines appropriate.
       (D) A list of all vessels that, as of the date of the 
     report--
       (i) are covered under section 5102(b)(5) of title 46, 
     United States Code;
       (ii) are acting as part-time fish tender vessels; and
       (iii) are subject to any captain of the port zone subject 
     to the oversight of the Commandant.
       (3) Consultation.--In preparing the report required under 
     paragraph (1), the Comptroller General shall consider 
     consultation with, at a minimum, the maritime industry, 
     including--
       (A) relevant Federal, State, and Tribal maritime 
     associations and groups; and
       (B) relevant federally funded research institutions, 
     nongovernmental organizations, and academia.
       (d) Applicability.--Nothing in this section shall limit any 
     authority available, as of the date of enactment of this Act, 
     to the captain of a port with respect to safety measures or 
     any other authority as necessary for the safety of covered 
     fishing vessels.

     SEC. 5355. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO 
                   INCREASE ENERGY PRODUCTION.

       (a) In General.--The National Marine Fisheries Service 
     shall, immediately upon the enactment of this Act, take 
     action to address the outstanding backlog of letters of 
     authorization for the Gulf of Mexico.
       (b) Sense of Congress.--It is the sense of Congress that 
     the National Marine Fisheries Service should--
       (1) take immediate action to issue a rule that allows the 
     Service to approve outstanding and future applications for 
     letters of authorization consistent with the Service's 
     permitting activities; and
       (2) on or after the effective date of the rule, prioritize 
     the consideration of applications in a manner that is 
     consistent with applicable Federal law.

        Subtitle E--Illegal Fishing and Forced Labor Prevention

     SEC. 5361. DEFINITIONS.

       In this subtitle:
       (1) 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.
       (2) 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).
       (3) Illegal, unreported, or unregulated fishing.--The term 
     ``illegal, unreported, or unregulated fishing'' has the 
     meaning given such term in the implementing regulations or 
     any subsequent regulations issued pursuant to section 609(e) 
     of the High Seas Driftnet Fishing Moratorium Protection Act 
     (16 U.S.C. 1826j(e)).
       (4) 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).
       (5) Seafood.--The term ``seafood'' means 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 in subpart Q of part 300 of title 50, 
     Code of Federal Regulations (or any successor regulation).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration.

     CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT 
                               MONITORING

     SEC. 5362. 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. Such 
     strategy shall

[[Page S5972]]

     prioritize the use of enumerated data types, such as 
     checkboxes, dropdown menus, or radio buttons, and any 
     additional elements the Administrator of the National Oceanic 
     and Atmospheric Administration finds appropriate.

     SEC. 5363. DATA SHARING AND AGGREGATION.

       (a) Interagency Working Group on Illegal, Unreported, or 
     Unregulated Fishing.--Section 3551(c) of the Maritime SAFE 
     Act (16 U.S.C. 8031(c)) is amended--
       (1) by redesignating paragraphs (4) through (13) as 
     paragraphs (5) through (14), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) maximizing the utility of the import data collected 
     by the members of the Working Group by harmonizing data 
     standards and entry fields;''.
       (b) Prohibition on Aggregated Catch Data for Certain 
     Species.--Beginning not later than 1 year after the date of 
     enactment of this Act, for the purposes of compliance with 
     respect to Northern red snapper under the Seafood Import 
     Monitoring Program, the Secretary may not allow an aggregated 
     harvest report of such species, regardless of vessel size.

     SEC. 5364. 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 covered by the Seafood 
     Import Monitoring Program with respect to a given year.
       (b) Expansion of Marine Forensics Laboratory.--The 
     Secretary shall, not later than 1 year after the date of 
     enactment of this Act, begin the process of expanding the 
     National Oceanic and Atmospheric Administration's Marine 
     Forensics Laboratory, including by establishing sufficient 
     capacity for the development and deployment of rapid, and 
     follow-up, analysis of field-based tests focused on 
     identifying Seafood Import Monitoring Program species, and 
     prioritizing such species at high risk of illegal, 
     unreported, or unregulated fishing and seafood fraud.
       (c) Annual Revision.--In developing the procedures required 
     in subsection (a), the Secretary shall use predictive 
     analytics to inform whether to revise such procedures to 
     prioritize for audit those imports originating from nations--
       (1) identified pursuant to section 609(a) or 610(a) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(a) or 1826k(a)) that have not yet received a 
     subsequent positive certification pursuant to section 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 nations or regional 
     fisheries management organizations as engaging in illegal, 
     unreported, or unregulated fishing;
       (3) identified as having human trafficking or forced labor 
     in any part of the seafood supply chain, including on vessels 
     flagged in such nation, 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 under section 3563 of the 
     Maritime SAFE Act (Public Law 116-92).

     SEC. 5365. AVAILABILITY OF FISHERIES INFORMATION.

       Section 402(b)(1) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is 
     amended--
       (1) in subparagraph (G), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(I) to Federal agencies, to the extent necessary and 
     appropriate, to administer Federal programs established to 
     combat illegal, unreported, or unregulated fishing (as 
     defined in section 5361 of the Coast Guard Authorization Act 
     of 2022) or forced labor (as defined in section 5361 of the 
     Coast Guard Authorization Act of 2022), which shall not 
     include an authorization for such agencies to release data to 
     the public unless such release is related to enforcement.''.

     SEC. 5366. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.

       (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 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives 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 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 Program, 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 the 
     Seafood Import Monitoring 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;
       (8) the additional tools, such as high performance 
     computing and associated costs, that the Secretary needs to 
     improve the efficacy of the Seafood Import Monitoring 
     Program; and
       (9) such other information as the Secretary considers 
     appropriate with respect to monitoring and enforcing 
     compliance with the Seafood Import Monitoring Program.

     SEC. 5367. 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 
     of 1930 (19 U.S.C. 1307) $20,000,000 for each of fiscal years 
     2023 through 2027.

 CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT 
                           HUMAN TRAFFICKING

     SEC. 5370. DENIAL OF PORT PRIVILEGES.

       Section 101(a)(2) of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as 
     follows:
       ``(2) Denial of port privileges.--The Secretary of Homeland 
     Security shall--
       ``(A) withhold or revoke the clearance required by section 
     60105 of title 46, United States Code, for any large-scale 
     driftnet fishing vessel of a nation that receives a negative 
     certification under section 609(d) or 610(c) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(d) or 1826k(c)), or fishing vessels of a nation that 
     has been listed pursuant to section 609(b) or section 610(a) 
     of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more 
     consecutive reports for the same type of fisheries activity, 
     as described under section 607 of such Act (16 U.S.C. 1826h), 
     until a positive certification has been received;
       ``(B) withhold or revoke the clearance required by section 
     60105 of title 46, United States Code, for fishing vessels of 
     a nation that has been listed pursuant to section 609(a) or 
     610(a) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) in 2 or more 
     consecutive reports as described under section 607 of such 
     Act (16 U.S.C. 1826h); and
       ``(C) deny entry of that vessel to any place in the United 
     States and to the navigable waters of the United States, 
     except for the purposes of inspecting such vessel, conducting 
     an investigation, or taking other appropriate enforcement 
     action.''.

     SEC. 5371. IDENTIFICATION AND CERTIFICATION CRITERIA.

       (a) Denial of Port Privileges.--Section 609(a) of the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(a)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(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. In 
     determining which nations to list in such report, the 
     Secretary shall consider the following:
       ``(A) Any nation that is violating, or has violated at any 
     point during the 3 years preceding the date of the 
     determination, conservation and management measures, 
     including catch and other data reporting obligations and 
     requirements, required under an international fishery 
     management agreement to which the United States is a party.
       ``(B) Any nation that is failing, or has failed in the 3-
     year period preceding the date of the determination, to 
     effectively address or regulate illegal, unreported, or 
     unregulated fishing within its fleets in any areas where its 
     vessels are fishing.
       ``(C) Any nation that fails to discharge duties incumbent 
     upon it to which legally obligated as a flag, port, or 
     coastal state to take action to prevent, deter, and eliminate 
     illegal, unreported, or unregulated fishing.
       ``(D) Any nation that has been identified as producing for 
     export to the United States seafood-related goods through 
     forced labor or oppressive child labor (as those terms are 
     defined in section 5361 of the Coast Guard Authorization Act 
     of 2022) in the most recent List of Goods Produced by Child 
     Labor or

[[Page S5973]]

     Forced Labor in accordance with the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7101 et seq.).''; and
       (2) by adding at the end the following:
       ``(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 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j) is amended in 
     subsection (d), by striking paragraph (3) and inserting the 
     following:
       ``(3) Effect of certification determination.--
       ``(A) Effect of negative certification.--The provisions of 
     subsection (a), and paragraphs (3) and (4) of subsection (b), 
     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 notified 
     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 
     subsection (a), and paragraphs (3) and (4) of subsection (b), 
     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. 5372. EQUIVALENT CONSERVATION MEASURES.

       (a) Identification.--Section 610(a) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826k(a)) is 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 nation is engaged, or has 
     been engaged during the 3 years preceding the date of the 
     determination, in fishing activities or practices on the high 
     seas or within the exclusive economic zone of any nation, 
     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 in effectiveness to the regulatory program of the 
     United States, taking into account differing conditions; and
       ``(B) a nation if--
       ``(i) any fishing vessel of that nation is engaged, or has 
     engaged during the 3 years preceding the date of the 
     determination, in fishing activities on the high seas or 
     within the exclusive economic zone of another nation 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)) is 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 practicable, the President and 
     nations that are engaged in, or that have any fishing vessels 
     engaged in, fishing activities or practices described in 
     subsection (a), about the provisions of this Act;
       ``(2) initiate discussions as soon as practicable with all 
     foreign nations that 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 nations to protect such 
     species and to address any underlying failings or gaps that 
     may have contributed to identification under this Act; and
       ``(3) 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)) is amended--
       (1) in paragraph (2), by inserting ``the public and'' after 
     ``comment by''; and
       (2) 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)) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) except as provided in paragraph (2), means nontarget 
     fish, sea turtles, 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); 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. 5373. CAPACITY BUILDING IN FOREIGN FISHERIES.

       (a) In General.--The Secretary of Commerce, in consultation 
     with the heads of other Federal agencies, as appropriate, 
     shall develop and carry out with partner governments and 
     civil society--
       (1) multi-year coastal and marine resource related 
     international cooperation agreements and projects; and
       (2) multi-year capacity-building projects for implementing 
     measures to address illegal, unreported, or unregulated 
     fishing, fraud, forced labor, bycatch, and other conservation 
     measures.
       (b) Capacity Building.--Section 3543(d) of the Maritime 
     SAFE Act (16 U.S.C. 8013(d)) is amended--
       (1) in the matter preceding paragraph (1), by striking ``as 
     appropriate,''; and
       (2) in paragraph (3), by striking ``as appropriate'' and 
     inserting ``for all priority regions identified by the 
     Working Group''.
       (c) Reports.--Section 3553 of the Maritime SAFE Act (16 
     U.S.C. 8033) is amended--
       (1) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the status of work with global enforcement 
     partners.''.

     SEC. 5374. TRAINING OF UNITED STATES OBSERVERS.

       Section 403(b) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1881b(b)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) ensure that each observer has received training to 
     identify indicators of forced labor (as defined in section 
     5361 of the Coast Guard Authorization Act of 2022) and human 
     trafficking (as defined in section 5361 of the Coast Guard 
     Authorization Act of 2022) and refer this information to 
     appropriate authorities; and''.

     SEC. 5375. REGULATIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall promulgate such regulations as may 
     be necessary to carry out this title.

     SEC. 5376. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF 
                   MARKING FISHING GEAR.

       The Secretary of the department in which the Coast Guard is 
     operating shall, within the Eleventh Coast Guard District. 
     Thirteenth Coast Guard District, Fourteenth Coast Guard 
     District, and Seventeenth Coast Guard District, suspend 
     enforcement of individuals using automatic identification 
     systems devices to mark fishing equipment during the period 
     beginning on the date of enactment of this Act and ending on 
     the earlier of--
       (1) the date that is 2 years after such date of enactment; 
     and
       (2) the date the Federal Communications Commission 
     promulgates a final rule to authorize a device used to mark 
     fishing equipment to operate in radio frequencies assigned 
     for Automatic Identification System stations.

              TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE

        Subtitle A--Support for Coast Guard Members and Families

     SEC. 5401. COAST GUARD CHILD CARE IMPROVEMENTS.

       (a) Family Discount for Child Development Services.--
     Section 2922(b)(2) of title 14, United States Code, is 
     amended by adding at the end the following:
       ``(D) In the case of an active duty member with two or more 
     children attending a Coast Guard child development center, 
     the Commandant may modify the fees to be charged for 
     attendance for the second and any subsequent child of such 
     member by an amount that is 15 percent less than the amount 
     of the fee otherwise chargeable for the attendance of the 
     first such child enrolled at the center, or another fee as 
     the Commandant determines appropriate, consistent with 
     multiple children.''.
       (b) Child Development Center Standards and Inspections.--
     Section 2923(a) of title 14, United States Code, is amended 
     to read as follows:
       ``(a) Standards.--The Commandant shall require each Coast 
     Guard child development center to meet standards of 
     operation--
       ``(1) that the Commandant considers appropriate to ensure 
     the health, safety, and welfare of the children and employees 
     at the center; and
       ``(2) necessary for accreditation by an appropriate 
     national early childhood programs accrediting entity.''.
       (c) Child Care Subsidy Program.--
       (1) Authorization.--
       (A) In general.--Subchapter II of chapter 29 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

[[Page S5974]]

  


     ``Sec. 2927. Child care subsidy program

       ``(a) Authority.--The Commandant may operate a child care 
     subsidy program to provide financial assistance to eligible 
     providers that provide child care services or youth program 
     services to members of the Coast Guard, members of the Coast 
     Guard with dependents who are participating in the child care 
     subsidy program, and any other individual the Commandant 
     considers appropriate, if--
       ``(1) providing such financial assistance--
       ``(A) is in the best interests of the Coast Guard; and
       ``(B) enables supplementation or expansion of the provision 
     of Coast Guard child care services, while not supplanting or 
     replacing Coast Guard child care services; and
       ``(2) the Commandant ensures, to the extent practicable, 
     that the eligible provider is able to comply, and does 
     comply, with the regulations, policies, and standards 
     applicable to Coast Guard child care services.
       ``(b) Eligible Providers.--A provider of child care 
     services or youth program services is eligible for financial 
     assistance under this section if the provider--
       ``(1) is licensed to provide such services under applicable 
     State and local law;
       ``(2) is registered in an au pair program of the Department 
     of State;
       ``(3) is a family home daycare; or
       ``(4) is a provider of family child care services that--
       ``(A) otherwise provides federally funded or federally 
     sponsored child development services;
       ``(B) provides such services in a child development center 
     owned and operated by a private, not-for-profit organization;
       ``(C) provides a before-school or after-school child care 
     program in a public school facility;
       ``(D) conducts an otherwise federally funded or federally 
     sponsored school-age child care or youth services program;
       ``(E) conducts a school-age child care or youth services 
     program operated by a not-for-profit organization;
       ``(F) provides in-home child care, such as a nanny or an au 
     pair; or
       ``(G) is a provider of another category of child care 
     services or youth program services the Commandant considers 
     appropriate for meeting the needs of members or civilian 
     employees of the Coast Guard.
       ``(c) Funding.--To provide financial assistance under this 
     subsection, the Commandant may use any funds appropriated for 
     the Coast Guard for operation and maintenance.
       ``(d) Direct Payment.--
       ``(1) In general.--In carrying out a child care subsidy 
     program under subsection (a), subject to paragraph (3), the 
     Commandant shall provide financial assistance under the 
     program to an eligible member or individual the Commandant 
     considers appropriate by direct payment to such eligible 
     member or individual through monthly pay, direct deposit, or 
     other direct form of payment.
       ``(2) Policy.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall establish a 
     policy to provide direct payment as described in paragraph 
     (1).
       ``(3) Eligible provider funding continuation.--With the 
     approval of an eligible member or an individual the 
     Commandant considers appropriate, which shall include the 
     written consent of such member or individual, the Commandant 
     may continue to provide financial assistance under the child 
     care subsidy program directly to an eligible provider on 
     behalf of such member or individual.
       ``(4) Rule of construction.--Nothing in this subsection may 
     be construed to affect any preexisting reimbursement 
     arrangement between the Coast Guard and a qualified 
     provider.''.
       (B) Clerical amendment.--The analysis for chapter 29 of 
     title 14, United States Code, is amended by inserting after 
     the item relating to section 2926 the following:

``2927. Child care subsidy program.''.
       (2) Expansion of child care subsidy program.--
       (A) In general.--The Commandant shall--
       (i) evaluate potential eligible uses for the child care 
     subsidy program established under section 2927 of title 14, 
     United States Code (referred to in this paragraph as the 
     ``program''); and
       (ii) expand the eligible uses of funds for the program to 
     accommodate the child care needs of members of the Coast 
     Guard (including such members with nonstandard work hours or 
     surge or other deployment cycles), including by providing 
     funds directly to such members instead of care providers.
       (B) Considerations.--In evaluating potential eligible uses 
     under subparagraph (A), the Commandant shall consider au 
     pairs, nanny services, nanny shares, in-home child care 
     services, care services such as supplemental care for 
     children with disabilities, and any other child care delivery 
     method the Commandant considers appropriate.
       (C) Requirements.--In establishing expanded eligible uses 
     of funds for the program, the Commandant shall ensure that 
     such uses--
       (i) are in the best interests of the Coast Guard;
       (ii) provide flexibility for eligible members and 
     individuals the Commandant considers appropriate, including 
     such members and individuals with nonstandard work hours; and
       (iii) ensure a safe environment for dependents of such 
     members and individuals.
       (D) Publication.--Not later than 18 months after the date 
     of the enactment of this Act, the Commandant shall publish an 
     updated Commandant Instruction Manual (referred to in this 
     paragraph as the ``manual'') that describes the expanded 
     eligible uses of the program.
       (E) Report.--
       (i) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report outlining the 
     expansion of the program.
       (ii) Elements.--The report required by clause (i) shall 
     include the following:

       (I) An analysis of the considerations described in 
     subparagraph (B).
       (II) A description of the analysis used to identify 
     eligible uses that were evaluated and incorporated into the 
     manual under subparagraph (D).
       (III) A full analysis and justification with respect to the 
     forms of care that were ultimately not included in the 
     manual.
       (IV) Any recommendation with respect to funding or 
     additional authorities necessary, including proposals for 
     legislative change, to meet the current and anticipated 
     future child care subsidy demands of the Coast Guard.

     SEC. 5402. ARMED FORCES ACCESS TO COAST GUARD CHILD CARE 
                   FACILITIES.

       Section 2922(a) of title 14, United States Code, is amended 
     to read as follows:
       ``(a)(1) The Commandant may make child development services 
     available, in such priority as the Commandant considers to be 
     appropriate and consistent with readiness and resources and 
     in the best interests of dependents of members and civilian 
     employees of the Coast Guard, for--
       ``(A) members and civilian employees of the Coast Guard;
       ``(B) surviving dependents of members of the Coast Guard 
     who have died on active duty, if such dependents were 
     beneficiaries of a Coast Guard child development service at 
     the time of the death of such members;
       ``(C) members of the armed forces (as defined in section 
     101 of title 10, United States Code); and
       ``(D) Federal civilian employees.
       ``(2) Child development service benefits provided under the 
     authority of this section shall be in addition to benefits 
     provided under other laws.''.

     SEC. 5403. CADET PREGNANCY POLICY IMPROVEMENTS.

       (a) Regulations Required.--Not later than 18 months after 
     the date of the enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating, in 
     consultation with the Secretary of Defense, shall prescribe 
     regulations that--
       (1) preserve parental guardianship rights of cadets who 
     become pregnant or father a child while attending the Coast 
     Guard Academy; and
       (2) maintain military and academic requirements for 
     graduation and commissioning.
       (b) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a briefing on the development 
     of the regulations required by subsection (a).

     SEC. 5404. PILOT PROGRAM FOR FERTILITY TREATMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) Members of the Coast Guard face unique challenges in 
     addressing infertility issues.
       (2) Frequent deployments, dislocation, transfers, and 
     operational tempo impart unique stresses to members of the 
     Coast Guard and their families. The same stressors often 
     disrupt or make fertility treatments impractical or cost 
     prohibitive.
       (3) Only 6 military treatment facilities in the United 
     States offer fertility treatments to members of the Armed 
     Forces.
       (b) Authorization.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall establish a 
     pilot program for all qualified members of the Coast Guard 
     for the purpose of expanding access to fertility treatment 
     centers.
       (2) Inclusions.--The pilot program required by paragraph 
     (1) may expand access to and availability of fertility-
     related medical care and treatments, as determined by the 
     Commandant.
       (3) Consideration of methods to expand access.--As part of 
     the pilot program under this section, the Commandant shall 
     consider methods to expand access to fertility treatments for 
     members of the Coast Guard, including by--
       (A) examining support to improve access to fertility 
     services traditionally considered nonessential and not 
     covered by the TRICARE program (as defined in section 1072(7) 
     of title 10, United States Code), such as medications, 
     reproductive counseling, and other treatments;
       (B) exploring ways to increase access to military treatment 
     facilities that offer assistive reproductive technology 
     services, consistent with--
       (i) the Department of Defense Joint Travel Regulations 
     issued on June 1, 2022; and

[[Page S5975]]

       (ii) the Coast Guard Supplement to the Joint Travel 
     Regulations issued on June 28, 2019;
       (C) developing a process to allow assignment or 
     reassignment of members of the Coast Guard requesting 
     fertility treatments to a location conducive to receiving 
     treatments; and
       (D) in a case in which use of military treatment facilities 
     is not available or practicable, entering into partnerships 
     with private-sector fertility treatment providers; and
       (E) providing flexible working hours, duty schedules, and 
     administrative leave to allow for necessary treatments, 
     appointments, and other services associated with receipt of 
     fertility treatments and associated care.
       (c) Duration.--The duration of the pilot program under 
     subsection (b) shall be not less than 5 years beginning on 
     the date on which the pilot program is established.
       (d) Discharge on District Basis.--The Commandant--
       (1) may carry out the pilot program on a district basis; 
     and
       (2) shall include remote and urban units in the pilot 
     program.

     SEC. 5405. COMBAT-RELATED SPECIAL COMPENSATION.

       (a) Report and Briefing.--Not later than 90 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter until the date that is 5 years after the date on 
     which the initial report is submitted under this subsection, 
     the Commandant shall submit a report and provide an in-person 
     briefing to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the implementation of section 221 of the 
     Coast Guard Authorization Act of 2015 (Public Law 114-120; 10 
     U.S.C. 1413a note).
       (b) Elements.--Each report and briefing required by 
     subsection (a) shall include the following:
       (1) A description of methods to educate members and 
     retirees on the combat-related special compensation program.
       (2) Statistics regarding enrollment in such program for 
     members of the Coast Guard and Coast Guard retirees.
       (3) A summary of each of the following:
       (A) Activities carried out relating to the education of 
     members of the Coast Guard participating in the Transition 
     Assistance Program with respect to the combat-related special 
     compensation program.
       (B) Activities carried out relating to the education of 
     members of the Coast Guard who are engaged in missions in 
     which they are susceptible to injuries that may result in 
     qualification for combat-related special compensation, 
     including flight school, the National Motor Lifeboat School, 
     deployable specialized forces, and other training programs as 
     the Commandant considers appropriate.
       (C) Activities carried out relating to training physicians 
     and physician assistants employed by the Coast Guard, or 
     otherwise stationed in Coast Guard clinics, sickbays, or 
     other locations at which medical care is provided to members 
     of the Coast Guard, for the purpose of ensuring, during 
     medical examinations, appropriate counseling and 
     documentation of symptoms, injuries, and the associated 
     incident that resulted in such injuries.
       (D) Activities relating to the notification of heath 
     service officers with respect to the combat-related special 
     compensation program.
       (4) The written guidance provided to members of the Coast 
     Guard regarding necessary recordkeeping to ensure eligibility 
     for benefits under such program.
       (5) Any other matter relating to combat-related special 
     compensation the Commandant considers appropriate.
       (c) Disability Due to Chemical or Hazardous Material 
     Exposure.--Section 221(a)(2) of the Coast Guard 
     Reauthorization Act of 2015 (Public Law 114-120; 10 U.S.C. 
     1413a note) is amended, in the matter preceding subparagraph 
     (A)--
       (1) by striking ``and hazardous'' and inserting 
     ``hazardous''; and
       (2) by inserting ``, or a duty in which chemical or other 
     hazardous material exposure has occurred (such as during 
     marine inspections or pollution response activities)'' after 
     ``surfman)''.

     SEC. 5406. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX 
                   PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS OF 
                   THE COAST GUARD WITH COMBAT-RELATED INJURIES.

       (a) Application to Members of the Coast Guard When the 
     Coast Guard Is Not Operating as a Service in the Department 
     of the Navy.--The Combat-Injured Veterans Tax Fairness Act of 
     2016 (Public Law 114-292; 10 U.S.C. 1212 note) is amended--
       (1) in section 3--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``(and the Secretary of Homeland Security, with respect to 
     the Coast Guard when it is not operating as a service in the 
     Department of the Navy, and the Secretary of Transportation, 
     with respect to the Coast Guard during the period in which it 
     was operating as a service in the Department of 
     Transportation), in coordination with the Secretary of the 
     Treasury,'' after ``the Secretary of Defense'';
       (ii) in paragraph (1)(A)--

       (I) in clause (i), by striking ``the Secretary'' and 
     inserting ``the Secretary of Defense (or the Secretary of 
     Homeland Security or the Secretary of Transportation, with 
     respect to the Coast Guard, as applicable)'';
       (II) in clause (ii), by striking ``the Secretary'' and 
     inserting ``the Secretary of Defense (or the Secretary of 
     Homeland Security or the Secretary of Transportation, with 
     respect to the Coast Guard, as applicable)''; and
       (III) in clause (iv), by striking ``the Secretary'' and 
     inserting ``the Secretary of Defense (or the Secretary of 
     Homeland Security or the Secretary of Transportation, with 
     respect to the Coast Guard, as applicable)''; and

       (iii) in paragraph (2), by amending subparagraph (B) to 
     read as follows:
       ``(B) instructions for--
       ``(i) filing amended tax returns to recover the amounts 
     improperly withheld for tax purposes; and
       ``(ii) requesting standard refund amounts described in 
     subsection (b).'';
       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Standard Refund Amounts Described.--The standard 
     refund amounts described in this subsection are--
       ``(1) $1,750 for tax years 1991 through 2005;
       ``(2) $2,400 for tax years 2006 through 2010; and
       ``(3) $3,200 for tax years 2011 through 2016.'';
       (2) in section 4--
       (A) in the section heading, by inserting ``and the 
     secretary of the department in which the coast guard is 
     operating'' after ``secretary of defense'';
       (B) by inserting ``(and the Secretary of the Department in 
     which the Coast Guard is operating when it is not operating 
     as a service in the Department of the Navy), in coordination 
     with the Secretary of the Treasury,'' after ``The Secretary 
     of Defense''; and
       (C) by striking ``made by the Secretary'' and inserting 
     ``made by the Secretary of Defense (and the Secretary of the 
     Department in which the Coast Guard is operating with respect 
     to the Coast Guard)''; and
       (3) in section 5--
       (A) in subsection (a)--
       (i) by inserting ``(and the Secretary of the Department in 
     which the Coast Guard is operating, with respect to the Coast 
     Guard when it is not operating as a service in the Department 
     of the Navy, and the Secretary of Transportation, with 
     respect to the Coast Guard during the period in which it was 
     operating as a service in the Department of Transportation)'' 
     after ``the Secretary of Defense''; and
       (ii) by striking ``the Secretary to'' and inserting ``the 
     Secretary of Defense (or the Secretary of Homeland Security 
     or the Secretary of Transportation, with respect to the Coast 
     Guard, as applicable) to''; and
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``the Secretary'' and 
     inserting ``the Secretary of Defense (or the Secretary of 
     Homeland Security or the Secretary of Transportation, with 
     respect to the Coast Guard, as applicable)''; and
       (ii) in paragraph (3), by striking ``the Secretary'' and 
     inserting ``the Secretary of Defense (or the Secretary of 
     Homeland Security, with respect to the Coast Guard when it is 
     not operating as a service in the Department of the Navy)''.
       (b) Deadlines.--
       (1) Identification of amounts improperly withheld and 
     reporting.--The Secretary of Homeland Security and the 
     Secretary of Transportation, in coordination with the 
     Secretary of the Treasury, shall carry out the requirements 
     under--
       (A) section 3(a) of the Combat-Injured Veterans Tax 
     Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 
     note), as amended by subsection (a)(1)(A), not later than 1 
     year after the date of the enactment of this Act; and
       (B) section 5 of that Act, as amended by subsection (a)(3), 
     not later than 1 year after the date of the enactment of this 
     Act.
       (2) Ensuring amounts are not improperly withheld.--The 
     Secretary of Homeland Security shall carry out the 
     requirements under section 4 of the Combat-Injured Veterans 
     Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 
     note), as amended by subsection (a)(2), beginning on the date 
     of the enactment of this Act.

     SEC. 5407. MODIFICATION OF BASIC NEEDS ALLOWANCE FOR MEMBERS 
                   OF THE COAST GUARD.

       (a) In General.--Section 402b of title 37, United States 
     Code, is amended--
       (1) by redesignating subsections (h) through (k) as 
     subsections (i) through (l), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h) Special Rule for Members of Coast Guard.--
       ``(1) In general.--In the case of a member of the Coast 
     Guard, the Secretary concerned shall--
       ``(A) determine under subsection (f) whether the member is 
     eligible under subsection (b) for the allowance under 
     subsection (a); and
       ``(B) if the Secretary concerned determines a member is 
     eligible for the allowance, pay the allowance to the member 
     unless the member elects not to receive the allowance.
       ``(2) Attestation of income.--A member of the Coast Guard 
     is not required to submit an application under subsection (e) 
     to receive the allowance under subsection (a), but not less 
     frequently than biennially, the member shall submit to the 
     Secretary concerned an

[[Page S5976]]

     attestation that the gross household income of the member 
     does not exceed the amount described in subsection (b)(2).
       ``(3) Electronic process.--The Secretary concerned shall 
     establish an electronic process pursuant to which a member of 
     the Coast Guard may--
       ``(A) elect under paragraph (1)(B) not to receive the 
     allowance; or
       ``(B) submit an attestation under paragraph (2).''.
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (e)--
       (A) in paragraphs (1) and (2), by striking ``A member'' 
     both places it appears and inserting ``Except as provided by 
     subsection (h), a member''; and
       (B) in paragraph (4)(B)--
       (i) by striking ``that the member'' and inserting the 
     following: ``that--
       ``(i) the member'';
       (ii) by striking the period at the end and inserting ``; 
     or''; and
       (iii) by adding at the end the following:
       ``(ii) in the case of a member of the Coast Guard, that the 
     member may receive the allowance as provided by subsection 
     (h).''; and
       (2) in subsection (g)(2), by striking ``A member'' and 
     inserting ``Except as provided by subsection (h), a member''.

     SEC. 5408. STUDY ON FOOD SECURITY.

       (a) Study.--
       (1) In general.--The Commandant shall conduct a study on 
     food insecurity among members of the Coast Guard.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) An analysis of the impact of food deserts on members of 
     the Coast Guard and their dependents who live in areas with 
     high costs of living, including areas with high-density 
     populations and rural areas.
       (B) A comparison of--
       (i) the current method used by the Commandant to determine 
     which areas are considered to be high cost-of-living areas;
       (ii) local-level indicators used by the Bureau of Labor 
     Statistics to determine cost of living that indicate buying 
     power and consumer spending in specific geographic areas; and
       (iii) indicators of cost of living used by the Department 
     of Agriculture in market basket analyses, and other measures 
     of local and regional food costs.
       (C) An assessment of the accuracy of the method and 
     indicators described in subparagraph (B) in quantifying high 
     cost of living in low-data and remote areas.
       (D) An assessment of the manner in which data accuracy and 
     availability affect the accuracy of cost-of-living allowance 
     calculations and other benefits, as the Commandant considers 
     appropriate.
       (E) Recommendations--
       (i) to improve access to high-quality, affordable food 
     within a reasonable distance of Coast Guard units located in 
     areas identified as food deserts;
       (ii) to reduce transit costs for members of the Coast Guard 
     and their dependents who are required to travel to access 
     high-quality, affordable food; and
       (iii) for improving the accuracy of the calculations 
     referred to in subparagraph (D).
       (F) The estimated costs of implementing each recommendation 
     made under subparagraph (E).
       (b) Plan.--
       (1) In general.--The Commandant shall develop a detailed 
     plan to implement the recommendations of the study conducted 
     under subsection (a).
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a briefing on the plan 
     required by paragraph (1), including the cost of 
     implementation, proposals for legislative change, and any 
     other result of the study the Commandant considers 
     appropriate.
       (c) Food Desert Defined.--In this section, the term ``food 
     desert'' means an area, as determined by the Commandant, in 
     which it is difficult, even with a vehicle or an otherwise-
     available mode of transportation, to obtain affordable, high-
     quality fresh food in the immediate area in which members of 
     the Coast Guard serve and reside.

                         Subtitle B--Healthcare

     SEC. 5421. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR THE 
                   COAST GUARD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant, in consultation 
     with the Defense Health Agency and any healthcare expert the 
     Commandant considers appropriate, shall develop medical 
     staffing standards for the Coast Guard consistent with the 
     recommendations of the Comptroller General of the United 
     States set forth in the report entitled ``Coast Guard Health 
     Care: Improvements Needed for Determining Staffing Needs and 
     Monitoring Access to Care'' published in February 2022.
       (b) Inclusions.--The standards required by subsection (a) 
     shall address and take into consideration the following:
       (1) Current and future operations of healthcare personnel 
     in support of Department of Homeland Security missions, 
     including surge deployments for incident response.
       (2) Staffing standards for specialized providers, such as 
     flight surgeons, dentists, behavioral health specialists, and 
     physical therapists.
       (3) Staffing levels of medical, dental, and behavioral 
     health providers for the Coast Guard who are--
       (A) members of the Coast Guard;
       (B) assigned to the Coast Guard from the Public Health 
     Service;
       (C) Federal civilian employees; or
       (D) contractors hired by the Coast Guard to fill vacancies.
       (4) Staffing levels at medical facilities for Coast Guard 
     units in remote locations.
       (5) Any discrepancy between medical staffing standards of 
     the Department of Defense and medical staffing standards of 
     the Coast Guard.
       (c) Review.--Not later than 90 days after the staffing 
     standards required by subsection (a) are completed, the 
     Commandant shall submit the standards to the Comptroller 
     General, who shall review the standards and provide 
     recommendations to the Commandant.
       (d) Report to Congress.--Not later than 180 days after 
     developing such standards, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the standards 
     developed under subsection (a) that includes a plan and a 
     description of the resources and budgetary needs required to 
     implement the standards.
       (e) Modification, Implementation, and Periodic Updates.--
     The Commandant shall--
       (1) modify such standards as necessary based on the 
     recommendations provided under subsection (c);
       (2) implement the standards;
       (3) review and update the standards not less frequently 
     than every 4 years.

     SEC. 5422. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.

       (a) In General.--Not later than 270 days after the 
     completion of the studies conducted by the Comptroller 
     General of the United States under sections 8259 and 8260 of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act of Fiscal Year 2021 (Public Law 116-283; 
     134 Stat. 4679), the Commandant shall--
       (1) conduct a comprehensive review of the Coast Guard 
     healthcare system; and
       (2) develop a strategic plan for improvements to, and 
     modernization of, such system to ensure access to high-
     quality, timely healthcare for members of the Coast Guard, 
     their dependents, and applicable Coast Guard retirees.
       (b) Plan.--
       (1) In general.--The strategic plan developed under 
     subsection (a) shall seek--
       (A) to maximize the medical readiness of members of the 
     Coast Guard;
       (B) to optimize delivery of healthcare benefits;
       (C) to ensure high-quality training of Coast Guard medical 
     personnel; and
       (D) to prepare for the future needs of the Coast Guard.
       (2) Elements.--The plan shall address, at a minimum, the 
     following:
       (A) Improving access to healthcare for members of the Coast 
     Guard, their dependents, and applicable Coast Guard retirees.
       (B) Quality of care.
       (C) The experience and satisfaction of members of the Coast 
     Guard and their dependents with the Coast Guard healthcare 
     system.
       (D) The readiness of members of the Coast Guard and Coast 
     Guard medical personnel.
       (c) Advisory Committee.--
       (1) Establishment.--The Commandant shall establish an 
     advisory committee to conduct a comprehensive review of the 
     Coast Guard healthcare system (referred to in this section as 
     the ``Advisory Committee'').
       (2) Membership.--
       (A) Composition.--The Advisory Committee shall be composed 
     of members selected by the Commandant, including--
       (i) 1 or more members of the uniformed services (as defined 
     in section 101 of title 10, United States Code) or Federal 
     employees with expertise in--

       (I) the medical, dental, pharmacy, behavioral health, or 
     reproductive health fields; or
       (II) any other field the Commandant considers appropriate;

       (ii) a representative of the Defense Health Agency; and
       (iii) a medical representative from each Coast Guard 
     district.
       (3) Chairperson.--The chairperson of the Advisory Committee 
     shall be the Director of the Health, Safety, and Work Life 
     Directorate of the Coast Guard.
       (4) Staff.--The Advisory Committee shall be staffed by 
     employees of the Coast Guard.
       (5) Report to commandant.--Not later than 1 year after the 
     Advisory Committee is established, the Advisory Committee 
     shall submit to the Commandant a report that--
       (A) takes into consideration the medical staffing standards 
     developed under section 5421, assesses the recommended 
     medical staffing standards set forth in the Comptroller 
     General study required by section 8260 of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4679), and 
     compares such standards to the medical staffing standards of 
     the Department of Defense and the private sector;
       (B) addresses improvements needed to ensure continuity of 
     care for members of the Coast Guard, including by evaluating 
     the feasibility of having a dedicated primary

[[Page S5977]]

     care manager for each such member while the member is 
     stationed at a duty station;
       (C) evaluates the effects of increased surge deployments of 
     medical personnel on staffing needs at Coast Guard clinics;
       (D) identifies ways to improve access to care for members 
     of the Coast Guard and their dependents who are stationed in 
     remote areas, including methods to expand access to providers 
     in the available network;
       (E) identifies ways the Coast Guard may better use 
     Department of Defense Medical Health System resources for 
     members of the Coast Guard, their dependents, and applicable 
     Coast Guard retirees;
       (F) identifies barriers to participation in the Coast Guard 
     healthcare system and ways the Coast Guard may better use 
     patient feedback to improve quality of care at Coast Guard-
     owned facilities, military treatment facilities, and 
     specialist referrals;
       (G) includes recommendations to improve the Coast Guard 
     healthcare system; and
       (H) any other matter the Commandant or the Advisory 
     Committee considers appropriate.
       (d) Report to Congress.--Not later than 2 years after the 
     date of the enactment of this Act, the Commandant shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives--
       (1) the strategic plan for the Coast Guard medical system 
     required by subsection (a);
       (2) the report of the Advisory Committee submitted to the 
     Commandant under subsection (c)(5); and
       (3) a description of the manner in which the Commandant 
     plans to implement the recommendations of the Advisory 
     Committee.

     SEC. 5423. DATA COLLECTION AND ACCESS TO CARE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant, in consultation 
     with the Defense Health Agency and any healthcare expert the 
     Commandant considers appropriate, shall develop a policy to 
     require the collection of data regarding access by members of 
     the Coast Guard and their dependents to medical, dental, and 
     behavioral health care as recommended by the Comptroller 
     General of the United States in the report entitled ``Coast 
     Guard Health Care: Improvements Needed for Determining 
     Staffing Needs and Monitoring Access to Care'' published in 
     February 2022.
       (b) Elements.--The policy required by subsection (a) shall 
     address the following:
       (1) Methods to collect data on access to care for--
       (A) routine annual physical health assessments;
       (B) flight physicals for aviators and prospective aviators;
       (C) sick call;
       (D) injuries;
       (E) dental health; and
       (F) behavioral health conditions.
       (2) Collection of data on access to care for referrals.
       (3) Collection of data on access to care for members of the 
     Coast Guard stationed at remote units, aboard Coast Guard 
     cutters, and on deployments.
       (4) Use of the electronic health record system to improve 
     data collection on access to care.
       (5) Use of data for addressing the standards of care, 
     including time between requests for appointments and actual 
     appointments, including appointments made with referral 
     services.
       (c) Review by Comptroller General.--
       (1) Submission.--Not later than 15 days after the policy is 
     developed under subsection (a), the Commandant shall submit 
     the policy to the Comptroller General of the United States.
       (2) Review.--Not later than 180 days after receiving the 
     policy, the Comptroller General shall review the policy and 
     provide recommendations to the Commandant.
       (3) Modification.--Not later than 60 days after receiving 
     the recommendations of the Comptroller General, the 
     Commandant shall modify the policy as necessary based on such 
     recommendations.
       (d) Publication and Report to Congress.--Not later than 90 
     days after the policy is modified under subsection (c)(3), 
     the Commandant shall--
       (1) publish the policy on a publicly accessible internet 
     website of the Coast Guard; and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the policy and the manner in 
     which the Commandant plans to address access-to-care 
     deficiencies.
       (e) Periodic Updates.--Not less frequently than every 5 
     years, the Commandant shall review and update the policy.

     SEC. 5424. BEHAVIORAL HEALTH POLICY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) members of the Coast Guard--
       (A) are exposed to high-risk and often stressful duties; 
     and
       (B) should be encouraged to seek appropriate medical 
     treatment and professional guidance; and
       (2) after treatment for behavioral health conditions, many 
     members of the Coast Guard should be allowed to resume 
     service in the Coast Guard if they--
       (A) are able to do so without persistent duty 
     modifications; and
       (B) do not pose a risk to themselves or other members of 
     the Coast Guard.
       (b) Interim Behavioral Health Policy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall establish an 
     interim behavioral health policy for members of the Coast 
     Guard that is in parity with section 5.28 (relating to 
     behavioral health) of Department of Defense Instruction 
     6130.03, volume 2, ``Medical Standards for Military Service: 
     Retention''.
       (2) Termination.--The interim policy established under 
     paragraph (1) shall remain in effect until the date on which 
     the Commandant issues a permanent behavioral health policy 
     for members of the Coast Guard.
       (c) Permanent Policy.--In developing a permanent policy 
     with respect to retention and behavioral health, the 
     Commandant shall ensure that, to the extent practicable, the 
     policy of the Coast Guard is in parity with section 5.28 
     (relating to behavioral health) of Department of Defense 
     Instruction 6130.03, volume 2, ``Medical Standards for 
     Military Service: Retention''.

     SEC. 5425. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER 
                   OR TRAUMATIC BRAIN INJURY.

       (a) In General.--Subchapter I of chapter 25 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 2515. Members asserting post-traumatic stress disorder 
       or traumatic brain injury

       ``(a) Medical Examination Required.--(1) The Secretary 
     shall ensure that a member of the Coast Guard who has 
     performed Coast Guard operations or has been sexually 
     assaulted during the preceding 2-year period, and who is 
     diagnosed by an appropriate licensed or certified healthcare 
     professional as experiencing post-traumatic stress disorder 
     or traumatic brain injury or who otherwise alleges, based on 
     the service of the member or based on such sexual assault, 
     the influence of such a condition, receives a medical 
     examination to evaluate a diagnosis of post-traumatic stress 
     disorder or traumatic brain injury.
       ``(2) A member described in paragraph (1) shall not be 
     administratively separated under conditions other than 
     honorable, including an administrative separation in lieu of 
     court-martial, until the results of the medical examination 
     have been reviewed by appropriate authorities responsible for 
     evaluating, reviewing, and approving the separation case, as 
     determined by the Secretary.
       ``(3)(A) In a case involving post-traumatic stress 
     disorder, the medical examination shall be--
       ``(i) performed by--
       ``(I) a board-certified or board-eligible psychiatrist; or
       ``(II) a licensed doctorate-level psychologist; or
       ``(ii) performed under the close supervision of--
       ``(I) a board-certified or board-eligible psychiatrist; or
       ``(II) a licensed doctorate-level psychologist, a 
     doctorate-level mental health provider, a psychiatry 
     resident, or a clinical or counseling psychologist who has 
     completed a 1-year internship or residency.
       ``(B) In a case involving traumatic brain injury, the 
     medical examination shall be performed by a physiatrist, 
     psychiatrist, neurosurgeon, or neurologist.
       ``(b) Purpose of Medical Examination.--The medical 
     examination required by subsection (a) shall assess whether 
     the effects of mental or neurocognitive disorders, including 
     post-traumatic stress disorder and traumatic brain injury, 
     constitute matters in extenuation that relate to the basis 
     for administrative separation under conditions other than 
     honorable or the overall characterization of the service of 
     the member as other than honorable.
       ``(c) Inapplicability to Proceedings Under Uniform Code of 
     Military Justice.--The medical examination and procedures 
     required by this section do not apply to courts-martial or 
     other proceedings conducted pursuant to the Uniform Code of 
     Military Justice.
       ``(d) Coast Guard Operations Defined.--In this section, the 
     term `Coast Guard operations' has the meaning given that term 
     in section 888(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 468(a)).''.
       (b) Clerical Amendment.--The analysis for subchapter I of 
     chapter 25 of title 14, United States Code, is amended by 
     adding at the end the following:

``2515. Members asserting post-traumatic stress disorder or traumatic 
              brain injury.''.

     SEC. 5426. IMPROVEMENTS TO THE PHYSICAL DISABILITY EVALUATION 
                   SYSTEM AND TRANSITION PROGRAM.

       (a) Temporary Policy.--Not later than 60 days after the 
     date of the enactment of this Act, the Commandant shall 
     develop a temporary policy that--
       (1) improves timeliness, communication, and outcomes for 
     members of the Coast Guard undergoing the Physical Disability 
     Evaluation System, or a related formal or informal process;
       (2) affords maximum career transition benefits to members 
     of the Coast Guard determined by a Medical Evaluation Board 
     to be unfit for retention in the Coast Guard; and
       (3) maximizes the potential separation and career 
     transition benefits for members of the Coast Guard undergoing 
     the Physical Disability Evaluation System, or a related 
     formal or informal process.

[[Page S5978]]

       (b) Elements.--The policy required by subsection (a) shall 
     include the following:
       (1) A requirement that any member of the Coast Guard who is 
     undergoing the Physical Disability Evaluation System, or a 
     related formal or informal process, shall be placed in a duty 
     status that allows the member the opportunity to attend 
     necessary medical appointments and other activities relating 
     to the Physical Disability Evaluation System, including 
     completion of any application of the Department of Veterans 
     Affairs and career transition planning.
       (2) In the case of a Medical Evaluation Board report that 
     is not completed within 120 days after the date on which an 
     evaluation by the Medical Evaluation Board was initiated, the 
     option for such a member to enter permissive duty status.
       (3) A requirement that the date of initiation of an 
     evaluation by a Medical Evaluation Board shall include the 
     date on which any verbal or written affirmation is made to 
     the member, command, or medical staff that the evaluation by 
     the Medical Evaluation Board has been initiated.
       (4) An option for such member to seek an internship under 
     the SkillBridge program established under section 1143(e) of 
     title 10, United States Code, and outside employment aimed at 
     improving the transition of the member to civilian life, only 
     if such an internship or employment does not interfere with 
     necessary medical appointments required for the member's 
     physical disability evaluation.
       (5) A requirement that not less than 21 days notice shall 
     be provided to such a member for any such medical 
     appointment, to the maximum extent practicable, to ensure 
     that the appointment timeline is in the best interests of the 
     immediate health of the member.
       (6) A requirement that the Coast Guard shall provide such a 
     member with a written separation date upon the completion of 
     a Medical Evaluation Board report that finds the member unfit 
     to continue active duty.
       (7) To provide certainty to such a member with respect to a 
     separation date, a policy that ensures--
       (A) that accountability measures are in place with respect 
     to Coast Guard delays throughout the Physical Disability 
     Evaluation System, including--
       (i) placement of the member in an excess leave status after 
     270 days have elapsed since the date of initiation of an 
     evaluation by a Medical Evaluation Board by any competent 
     authority; and
       (ii) a calculation of the costs to retain the member on 
     active duty, including the pay, allowances, and other 
     associated benefits of the member, for the period beginning 
     on the date that is 90 days after the date of initiation of 
     an evaluation by a Medical Evaluation Board by any competent 
     authority and ending on the date on which the member is 
     separated from the Coast Guard; and
       (B) the availability of administrative solutions to any 
     such delay.
       (8) With respect to a member of the Coast Guard on 
     temporary limited duty status, an option to remain in the 
     member's current billet, to the maximum extent practicable, 
     or to be transferred to a different active-duty billet, so as 
     to minimize any negative impact on the member's career 
     trajectory.
       (9) A requirement that each respective command shall report 
     to the Coast Guard Personnel Service Center any delay of more 
     than 21 days between each stage of the Physical Disability 
     Evaluation System for any such member, including between 
     stages of the processes, the Medical Evaluation Board, the 
     Informal Physical Evaluation Board, and the Formal Physical 
     Evaluation Board.
       (10) A requirement that, not later than 7 days after 
     receipt of a report of a delay described in paragraph (9), 
     the Personnel Service Center shall take corrective action, 
     which shall ensure that the Coast Guard exercises maximum 
     discretion to continue the Physical Disability Evaluation 
     System of such a member in a timely manner, unless such delay 
     is caused by the member.
       (11) A requirement that--
       (A) a member of the Coast Guard shall be allowed to make a 
     request for a reasonable delay in the Physical Disability 
     Evaluation System to obtain additional input and consultation 
     from a medical or legal professional; and
       (B) any such request for delay shall be approved by the 
     Commandant based on a showing of good cause by the member.
       (c) Report on Temporary Policy.--Not later than 60 days 
     after the date of the enactment of this Act, the Commandant 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a copy of the policy developed under 
     subsection (a).
       (d) Permanent Policy.--Not later than 180 days after the 
     date of the enactment of this Act, the Commandant shall 
     publish a Commandant Instruction making the policy developed 
     under subsection (a) a permanent policy of the Coast Guard.
       (e) Briefing.--Not later than 1 year after the date of the 
     enactment of this Act, the Commandant shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a briefing on, and a copy of, 
     the permanent policy.
       (f) Annual Report on Costs.--
       (1) In general.--Not less frequently than annually, the 
     Commandant shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that, for the preceding fiscal 
     year--
       (A) details the total aggregate service-wide costs 
     described in subsection (b)(7)(A)(ii) for members of the 
     Coast Guard whose Physical Disability Evaluation System 
     process has exceeded 90 days; and
       (B) includes for each such member--
       (i) an accounting of such costs; and
       (ii) the number of days that elapsed between the initiation 
     and completion of the Physical Disability Evaluation System 
     process.
       (2) Personally identifiable information.--A report under 
     paragraph (1) shall not include the personally identifiable 
     information of any member of the Coast Guard.

     SEC. 5427. EXPANSION OF ACCESS TO COUNSELING.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant shall hire, train, 
     and deploy not fewer than an additional 5 behavioral health 
     specialists.
       (b) Requirement.--Through the hiring process required by 
     subsection (a), the Commandant shall ensure that at least 35 
     percent of behavioral health specialists employed by the 
     Coast Guard have experience in behavioral healthcare for the 
     purpose of supporting members of the Coast Guard with 
     fertility, infertility, pregnancy, miscarriage, child loss, 
     postpartum depression, and related counseling needs.
       (c) Accessibility.--The support provided by the behavioral 
     health specialists described in subsection (a)--
       (1) may include care delivered via telemedicine; and
       (2) shall be made widely available to members of the Coast 
     Guard.
       (d) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated under section 4902(1)(A) of 
     title 14, United States Code, as amended by section 5101 of 
     this Act, $2,000,000 shall be made available to the 
     Commandant for each of fiscal years 2023 and 2024 to carry 
     out this section.

     SEC. 5428. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR 
                   MEMBERS OF THE COAST GUARD IN MEDICAL AND 
                   RELATED FIELDS.

       (a) In General.--The Commandant shall expand opportunities 
     for members of the Coast Guard to secure postgraduate degrees 
     in medical and related professional disciplines for the 
     purpose of supporting Coast Guard clinics and operations.
       (b) Military Training Student Loads.--Section 4904(b)(3) of 
     title 14, United States Code, is amended by striking ``350'' 
     and inserting ``385''.

     SEC. 5429. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study on the Coast Guard 
     telemedicine program.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An assessment of--
       (A) the current capabilities and limitations of the Coast 
     Guard telemedicine program;
       (B) the degree of integration of such program with existing 
     electronic health records;
       (C) the capability and accessibility of such program, as 
     compared to the capability and accessibility of the 
     telemedicine programs of the Department of Defense and 
     commercial medical providers;
       (D) the manner in which the Coast Guard telemedicine 
     program may be expanded to provide better clinical and 
     behavioral medical services to members of the Coast Guard, 
     including such members stationed at remote units or onboard 
     Coast Guard cutters at sea; and
       (E) the costs savings associated with the provision of--
       (i) care through telemedicine; and
       (ii) preventative care.
       (2) An identification of barriers to full use or expansion 
     of such program.
       (3) A description of the resources necessary to expand such 
     program to its full capability.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study.

     SEC. 5430. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study on Coast Guard medical 
     facilities needs.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) A current list of Coast Guard medical facilities, 
     including clinics, sickbays, and shipboard facilities.
       (2) A summary of capital needs for Coast Guard medical 
     facilities, including construction and repair.
       (3) A summary of equipment upgrade backlogs of Coast Guard 
     medical facilities.
       (4) An assessment of improvements to Coast Guard medical 
     facilities, including improvements to IT infrastructure, 
     required to enable the Coast Guard to fully use telemedicine 
     and implement other modernization initiatives.

[[Page S5979]]

       (5) An evaluation of the process used by the Coast Guard to 
     identify, monitor, and construct Coast Guard medical 
     facilities.
       (6) A description of the resources necessary to fully 
     address all Coast Guard medical facilities needs.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study.

                          Subtitle C--Housing

     SEC. 5441. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE 
                   UNITS.

       (a) In General.--Not more than 180 days after the date of 
     the enactment of this Act, the Commandant shall develop a 
     strategy to improve the quality of life for members of the 
     Coast Guard and their dependents who are stationed in remote 
     units.
       (b) Elements.--The strategy required by subsection (a) 
     shall address the following:
       (1) Methods to improve the availability or affordability of 
     housing options for members of the Coast Guard and their 
     dependents through--
       (A) Coast Guard-owned housing;
       (B) Coast Guard-facilitated housing; or
       (C) basic allowance for housing adjustments to rates that 
     are more competitive for members of the Coast Guard seeking 
     privately owned or privately rented housing.
       (2) Methods to improve access by members of the Coast Guard 
     and their dependents to--
       (A) medical, dental, and pediatric care;
       (B) healthcare specific to women; and
       (C) behavioral health care.
       (3) Methods to increase access to child care services, 
     including recommendations for increasing child care capacity 
     and opportunities for care within the Coast Guard and in the 
     private sector.
       (4) Methods to improve non-Coast Guard network internet 
     access at remote units--
       (A) to improve communications between families and members 
     of the Coast Guard on active duty; and
       (B) for other purposes such as education and training.
       (5) Methods to support spouses and dependents who face 
     challenges specific to remote locations.
       (6) Any other matter the Commandant considers appropriate.
       (c) Briefing.--Not later than 180 days after the strategy 
     required by subsection (a) is completed, the Commandant shall 
     provide to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a briefing on the strategy.
       (d) Remote Unit Defined.--In this section, the term 
     ``remote unit'' means a unit located in an area in which 
     members of the Coast Guard and their dependents are eligible 
     for TRICARE Prime Remote.

     SEC. 5442. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND 
                   CHALLENGES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study on housing access, cost, 
     and associated challenges facing members of the Coast Guard.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An assessment of--
       (A) the extent to which--
       (i) the Commandant has evaluated the sufficiency, 
     availability, and affordability of housing options for 
     members of the Coast Guard and their dependents; and
       (ii) the Coast Guard owns and leases housing for members of 
     the Coast Guard and their dependents;
       (B) the methods used by the Commandant to manage housing 
     data, and the manner in which the Commandant uses such data--
       (i) to inform Coast Guard housing policy; and
       (ii) to guide investments in Coast Guard-owned housing 
     capacity and other investments in housing, such as long-term 
     leases and other options; and
       (C) the process used by the Commandant to gather and 
     provide information used to calculate housing allowances for 
     members of the Coast Guard and their dependents, including 
     whether the Commandant has established best practices to 
     manage low-data areas.
       (2) An assessment as to whether it is advantageous for the 
     Coast Guard to continue to use the Department of Defense 
     basic allowance for housing system.
       (3) Recommendations for actions the Commandant should take 
     to improve the availability and affordability of housing for 
     members of the Coast Guard and their dependents who are 
     stationed in--
       (A) remote units located in areas in which members of the 
     Coast Guard and their dependents are eligible for TRICARE 
     Prime Remote; or
       (B) units located in areas with a high number of vacation 
     rental properties.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study.
       (d) Strategy.--Not later than 180 days after the submission 
     of the report required by subsection (c), the Commandant 
     shall publish a Coast Guard housing strategy that addresses 
     the findings set forth in the report, which shall, at a 
     minimum--
       (1) address housing inventory shortages and affordability; 
     and
       (2) include a Coast Guard-owned housing infrastructure 
     investment prioritization plan.

     SEC. 5443. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF 
                   ENLISTED MEMBERS OF THE COAST GUARD IN KEY 
                   WEST, FLORIDA.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Commandant, in coordination 
     with the Secretary of the Navy, shall commence the conduct of 
     an audit to assess--
       (1) the conditions of housing units of enlisted members of 
     the Coast Guard located at Naval Air Station Key West Sigsbee 
     Park Annex;
       (2) the percentage of those units that are considered 
     unsafe or unhealthy housing units for enlisted members of the 
     Coast Guard and their families;
       (3) the process used by enlisted members of the Coast Guard 
     and their families to report housing concerns;
       (4) the extent to which enlisted members of the Coast Guard 
     and their families who experience unsafe or unhealthy housing 
     units incur relocation, per diem, or similar expenses as a 
     direct result of displacement that are not covered by a 
     landlord, insurance, or claims process and the feasibility of 
     providing reimbursement for uncovered expenses; and
       (5) what is needed to provide appropriate and safe living 
     quarters for enlisted members of the Coast Guard and their 
     families in Key West, Florida.
       (b) Report.--Not later than 90 days after the commencement 
     of the audit under subsection (a), the Commandant shall 
     submit to the appropriate committees of Congress a report on 
     the results of the audit.
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Transportation and Infrastructure and 
     the Committee on Homeland Security of the House of 
     Representatives.
       (2) Privatized military housing.--The term ``privatized 
     military housing'' means military housing provided under 
     subchapter IV of chapter 169 of title 10, United States Code.
       (3) Unsafe or unhealthy housing unit.--The term ``unsafe or 
     unhealthy housing unit'' means a unit of privatized military 
     housing in which is present, at levels exceeding national 
     standards or guidelines, at least one of the following 
     hazards:
       (A) Physiological hazards, including the following:
       (i) Dampness or microbial growth.
       (ii) Lead-based paint.
       (iii) Asbestos or manmade fibers.
       (iv) Ionizing radiation.
       (v) Biocides.
       (vi) Carbon monoxide.
       (vii) Volatile organic compounds.
       (viii) Infectious agents.
       (ix) Fine particulate matter.
       (B) Psychological hazards, including the following:
       (i) Ease of access by unlawful intruders.
       (ii) Lighting issues.
       (iii) Poor ventilation.
       (iv) Safety hazards.
       (v) Other hazards similar to the hazards specified in 
     clauses (i) through (iv).

     SEC. 5444. STUDY ON COAST GUARD HOUSING AUTHORITIES AND 
                   PRIVATIZED HOUSING.

       (a) Study.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study--
       (A) to evaluate the authorities of the Coast Guard relating 
     to construction, operation, and maintenance of housing 
     provided to members of the Coast Guard and their dependents; 
     and
       (B) to assess other options to meet Coast Guard housing 
     needs in rural and urban housing markets, including public-
     private partnerships, long-term lease agreements, privately 
     owned housing, and any other housing option the Comptroller 
     General identifies.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) A review of authorities, regulations, and policies 
     available to the Secretary of the department in which the 
     Coast Guard is operating (referred to in this section as the 
     ``Secretary'') with respect to construction, maintenance, and 
     operation of housing for members of the Coast Guard and their 
     dependents, including unaccompanied member housing, that 
     considers--
       (i) housing that is owned and operated by the Coast Guard;
       (ii) long-term leasing or extended-rental housing;
       (iii) public-private partnerships or other privatized 
     housing options for which the Secretary may enter into 1 or 
     more contracts with a private entity to build, maintain, and 
     operate privatized housing for members of the Coast Guard and 
     their dependents;

[[Page S5980]]

       (iv) on-installation and off-installation housing options, 
     and the availability of, and authorities relating to, such 
     options; and
       (v) housing availability near Coast Guard units, readiness 
     needs, and safety.
       (B) A review of the housing-related authorities, 
     regulations, and policies available to the Secretary of 
     Defense, and an identification of the differences between 
     such authorities afforded to the Secretary of Defense and the 
     housing-related authorities, regulations, and policies 
     afforded to the Secretary.
       (C) A description of lessons learned or recommendations for 
     the Coast Guard based on the use by the Department of Defense 
     of privatized housing, including the recommendations set 
     forth in the report of the Government Accountability Office 
     entitled ``Privatized Military Housing: Update on DOD's 
     Efforts to Address Oversight Challenges'' (GAO-22-105866), 
     issued in March 2022.
       (D) An assessment of the extent to which the Secretary has 
     used the authorities provided in subchapter IV of chapter 169 
     of title 10, United States Code.
       (E) An analysis of immediate and long-term costs associated 
     with housing owned and operated by the Coast Guard, as 
     compared to opportunities for long-term leases, private 
     housing, and other public-private partnerships in urban and 
     remote locations.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     results of the study conducted under subsection (a).
       (c) Briefing.--Not later than 180 days after the date on 
     which the report required by subsection (b) is submitted, the 
     Commandant or the Secretary shall provide a briefing to the 
     appropriate committees of Congress on--
       (1) the actions the Commandant has, or has not, taken with 
     respect to the results of the study;
       (2) a plan for addressing areas identified in the report 
     that present opportunities for improving the housing options 
     available to members of the Coast Guard and their dependents; 
     and
       (3) the need for, or potential manner of use of, any 
     authorities the Coast Guard does not have with respect to 
     housing, as compared to the Department of Defense.
       (d) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

                       Subtitle D--Other Matters

     SEC. 5451. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR 
                   COAST GUARD PERSONNEL.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the availability of appropriate 
     emergency supplies at Coast Guard units.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which--
       (A) the Commandant ensures that Coast Guard units assess 
     risks and plan accordingly to obtain and maintain appropriate 
     emergency supplies; and
       (B) Coast Guard units have emergency food and water 
     supplies available according to local emergency preparedness 
     needs.
       (2) A description of any challenge the Commandant faces in 
     planning for and maintaining adequate emergency supplies for 
     Coast Guard personnel.
       (c) Publication.--Not later than 90 days after the date of 
     submission of the report required by subsection (a), the 
     Commandant shall publish a strategy and recommendations in 
     response to the report that includes--
       (1) a plan for improving emergency preparedness and 
     emergency supplies for Coast Guard units; and
       (2) a process for periodic review and engagement with Coast 
     Guard units to ensure emerging emergency response supply 
     needs are achieved and maintained.

                           TITLE LV--MARITIME

                       Subtitle A--Vessel Safety

     SEC. 5501. ABANDONED SEAFARERS FUND AMENDMENTS.

       Section 11113(c) of title 46, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (1), by inserting ``plus a surcharge of 25 percent of such 
     total amount'' after ``seafarer''; and
       (2) by striking paragraph (4).

     SEC. 5502. RECEIPTS; INTERNATIONAL AGREEMENTS FOR ICE PATROL 
                   SERVICES.

       Section 80301(c) of title 46, United States Code, is 
     amended by striking the period at the end and inserting ``and 
     subject to appropriations shall be available until expended 
     for the purpose of the Coast Guard international ice patrol 
     program.''.

     SEC. 5503. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.

       Notwithstanding any other provision of law, requirements 
     authorized under sections 3509 of title 46, United States 
     Code, shall not apply to any passenger vessel, as defined in 
     section 2101 of such title, that--
       (1) carries in excess of 250 passengers; and
       (2) is, or was, in operation in the internal waters of the 
     United States on voyages inside the Boundary Line, as defined 
     in section 103 of such title, on or before July 27, 2030.

     SEC. 5504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.

       (a) In General.--The Secretary shall conduct a pilot 
     program to evaluate the potential use of remotely controlled 
     or autonomous operation and monitoring of certain vessels for 
     the purposes of--
       (1) better understanding the complexities of such at-sea 
     operations and potential risks to navigation safety, vessel 
     security, maritime workers, the public, and the environment;
       (2) gathering observational and performance data from 
     monitoring the use of remotely-controlled or autonomous 
     vessels; and
       (3) assessing and evaluating regulatory requirements 
     necessary to guide the development of future occurrences of 
     such operations and monitoring activities.
       (b) Duration and Effective Date.--The duration of the pilot 
     program established under this section shall be not more than 
     5 years beginning on the date on which the pilot program is 
     established, which shall be not later than 180 days after the 
     date of enactment of this Act.
       (c) Authorized Activities.--The activities authorized under 
     this section include--
       (1) remote over-the-horizon monitoring operations related 
     to the active at-sea recovery of spaceflight components on an 
     unmanned vessel or platform;
       (2) procedures for the unaccompanied operation and 
     monitoring of an unmanned spaceflight recovery vessel or 
     platform; and
       (3) unmanned vessel transits and testing operations without 
     a physical tow line related to space launch and recovery 
     operations, except within 12 nautical miles of a port.
       (d) Interim Authority.--In recognition of potential risks 
     to navigation safety, vessel security, maritime workers, the 
     public, and the environment, and the unique circumstances 
     requiring the use of remotely operated or autonomous vessels, 
     the Secretary, in the pilot program established under 
     subsection (a), may--
       (1) allow remotely controlled or autonomous vessel 
     operations to proceed consistent to the extent practicable 
     under titles 33 and 46 of the United States Code, including 
     navigation and manning laws and regulations;
       (2) modify or waive applicable regulations and guidance as 
     the Secretary considers appropriate to--
       (A) allow remote and autonomous vessel at-sea operations 
     and activities to occur while ensuring navigation safety; and
       (B) ensure the reliable, safe, and secure operation of 
     remotely-controlled or autonomous vessels; and
       (3) require each remotely operated or autonomous vessel to 
     be at all times under the supervision of 1 or more 
     individuals--
       (A) holding a merchant mariner credential which is suitable 
     to the satisfaction of the Coast Guard; and
       (B) who shall practice due regard for the safety of 
     navigation of the autonomous vessel, to include collision 
     avoidance.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to authorize the Secretary to--
       (1) permit foreign vessels to participate in the pilot 
     program established under subsection (a);
       (2) waive or modify applicable laws and regulations under 
     titles 33 and 46 of the United States Code, except to the 
     extent authorized under subsection (d)(2); or
       (3) waive or modify any regulations arising under 
     international conventions.
       (f) Savings Provision.--Nothing in this section may be 
     construed to authorize the employment in the coastwise trade 
     of a vessel or platform that does not meet the requirements 
     of sections 12112, 55102, 55103, and 55111 of title 46, 
     United States Code.
       (g) Briefings.--The Secretary or the designee of the 
     Secretary shall brief the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the program established under subsection 
     (a) on a quarterly basis.
       (h) Report.--Not later than 180 days after the expiration 
     of the pilot program established under subsection (a), the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a final report regarding an assessment of the 
     execution of the pilot program and implications for 
     maintaining navigation safety, the safety of maritime 
     workers, and the preservation of the environment.
       (i) GAO Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the state of autonomous and 
     remote technologies in the operation of shipboard equipment 
     and the safe and secure navigation of vessels in Federal 
     waters of the United States.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following:
       (A) An assessment of commercially available autonomous and 
     remote technologies in

[[Page S5981]]

     the operation of shipboard equipment and the safe and secure 
     navigation of vessels during the 10 years immediately 
     preceding the date of the report.
       (B) An analysis of the safety, physical security, 
     cybersecurity, and collision avoidance risks and benefits 
     associated with autonomous and remote technologies in the 
     operation of shipboard equipment and the safe and secure 
     navigation of vessels, including environmental 
     considerations.
       (C) An assessment of the impact of such autonomous and 
     remote technologies, and all associated technologies, on 
     labor, including--
       (i) roles for credentialed and noncredentialed workers 
     regarding such autonomous, remote, and associated 
     technologies; and
       (ii) training and workforce development needs associated 
     with such technologies.
       (D) An assessment and evaluation of regulatory requirements 
     necessary to guide the development of future autonomous, 
     remote, and associated technologies in the operation of 
     shipboard equipment and safe and secure navigation of 
     vessels.
       (E) An assessment of the extent to which such technologies 
     are being used in other countries and how such countries have 
     regulated such technologies.
       (F) Recommendations regarding authorization, 
     infrastructure, and other requirements necessary for the 
     implementation of such technologies in the United States.
       (3) Consultation.--The report required under paragraph (1) 
     shall include, at a minimum, consultation with the maritime 
     industry including--
       (A) vessel operators, including commercial carriers, 
     entities engaged in exploring for, developing, or producing 
     resources, including non-mineral energy resources in its 
     offshore areas, and supporting entities in the maritime 
     industry;
       (B) shipboard personnel impacted by any change to 
     autonomous vessel operations, in order to assess the various 
     benefits and risks associated with the implementation of 
     autonomous, remote, and associated technologies in the 
     operation of shipboard equipment and safe and secure 
     navigation of vessels and the impact such technologies would 
     have on maritime jobs and maritime manpower; and
       (C) relevant federally funded research institutions, non-
     governmental organizations, and academia.
       (j) Definitions.--In this section:
       (1) Merchant mariner credential.--The term ``merchant 
     mariner credential'' means a merchant mariner license, 
     certificate, or document that the Secretary is authorized to 
     issue pursuant to title 46, United States Code.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.

     SEC. 5505. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL 
                   PASSENGER VESSELS.

       (a) Restructuring.--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 before section 30503 the following:

      ``Subchapter II--Exoneration and Limitation of Liability'';

     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) Covered small passenger vessel.--The term `covered 
     small passenger vessel'--
       ``(A) means a small passenger vessel, as defined in section 
     2101, that is--
       ``(i) not a wing-in-ground craft; and
       ``(ii) carrying--

       ``(I) not more than 49 passengers on an overnight domestic 
     voyage; and
       ``(II) not more than 150 passengers on any voyage that is 
     not an overnight domestic voyage; and

       ``(B) includes any wooden vessel constructed prior to March 
     11, 1996, carrying at least 1 passenger for hire.
       ``(2) Owner.--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.''.
       (c) Applicability.--Section 30502 of title 46, United 
     States Code, is amended--
       (1) by striking ``Except as otherwise provided'' and 
     inserting the following: ``(a) In General.--Except as to 
     covered small passenger vessels and as otherwise provided'';
       (2) by striking ``section 30503'' and inserting ``section 
     30521''; and
       (3) by adding at the end the following:
       ``(b) Application.--Notwithstanding subsection (a), the 
     requirements of section 30526 of this title shall apply to 
     covered small passenger vessels.''.
       (d) Provisions Requiring Notice of Claim or Limiting Time 
     for Bringing Action.--Section 30526 of title 46, United 
     States Code, as redesignated by subsection (a), is amended--
       (1) in subsection (a), by inserting ``and covered small 
     passenger vessels'' after ``seagoing vessels''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``6 months'' and 
     inserting ``2 years''; and
       (B) in paragraph (2), by striking ``one year'' and 
     inserting ``2 years''.
       (e) Chapter Analysis.--The analysis for chapter 305 of 
     title 46, United States Code, is amended--
       (1) by inserting before the item relating to section 30501 
     the following:

                 ``subchapter i--general provisions'';

       (2) by inserting after the item relating to section 30502 
     the following:

      ``subchapter ii--exoneration and limitation of liability'';

       (3) by striking the item relating to section 30501 and 
     inserting the following:

``30501. Definitions.'';
     and
       (4) by redesignating the items relating to sections 30503 
     through 30512 as items relating to sections 30521 through 
     30530, respectively.
       (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), 
     by striking ``section 30506'' and inserting ``section 
     30524'';
       (3) in section 30524(b), as redesignated by subsection (a), 
     by striking ``section 30505'' and inserting ``section 
     30523''; and
       (4) in section 30525, as redesignated by subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``sections 30505 and 30506'' and inserting ``sections 30523 
     and 30524'';
       (B) in paragraph (1), by striking ``section 30505'' and 
     inserting ``section 30523''; and
       (C) in paragraph (2), by striking ``section 30506(b)'' and 
     inserting ``section 30524(b)''.

     SEC. 5506. MORATORIUM ON TOWING VESSEL INSPECTION USER FEES.

       Notwithstanding section 9701 of title 31, United States 
     Code, and section 2110 of title 46 of such Code, the 
     Secretary of the department in which the Coast Guard is 
     operating may not charge an inspection fee for a towing 
     vessel that has a certificate of inspection issued under 
     subchapter M of chapter I of title 46, Code of Federal 
     Regulations (or any successor regulation), and that uses the 
     Towing Safety Management System option for compliance with 
     such subchapter, until--
       (1) the completion of the review required under section 815 
     of the Frank LoBiondo Coast Guard Authorization Act of 2018 
     (14 U.S.C. 946 note; Public Law 115-282); and
       (2) the promulgation of regulations to establish specific 
     inspection fees for such vessels.

     SEC. 5507. CERTAIN HISTORIC PASSENGER VESSELS.

       (a) Report on Covered Historic Vessels.--
       (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 the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report evaluating the practicability of the 
     application of section 3306(n)(3)(A)(v) of title 46, United 
     States Code, to covered historic vessels.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following:
       (A) An assessment of the compliance, as of the date on 
     which the report is submitted in accordance with paragraph 
     (1), of covered historic vessels with section 
     3306(n)(3)(A)(v) of title 46, United States Code.
       (B) An assessment of the safety record of covered historic 
     vessels.
       (C) An assessment of the risk, if any, that modifying the 
     requirements under section 3306(n)(3)(A)(v) of title 46, 
     United States Code, would have on the safety of passengers 
     and crew of covered historic vessels.
       (D) An evaluation of the economic practicability of the 
     compliance of covered historic vessels with such section 
     3306(n)(3)(A)(v) and whether that compliance would 
     meaningfully improve safety of passengers and crew in a 
     manner that is both feasible and economically practicable.
       (E) Any recommendations to improve safety in addition to, 
     or in lieu of, such section 3306(n)(3)(A)(v).
       (F) Any other recommendations as the Comptroller General 
     determines are appropriate with respect to the applicability 
     of such section 3306(n)(3)(A)(v) to covered historic vessels.
       (G) An assessment to determine if covered historic vessels 
     could be provided an exemption to such section 
     3306(n)(3)(A)(v) and what changes to legislative or 
     rulemaking requirements, including modifications to section 
     177.500(q) of title 46, Code of Federal Regulations (as in 
     effect on the date of enactment of this Act), are necessary 
     to provide the Commandant the authority to make such 
     exemption or to otherwise provide for such exemption.
       (b) Consultation.--In completing the report required under 
     subsection (a)(1), the Comptroller General may consult with--
       (1) the National Transportation Safety Board;
       (2) the Coast Guard; and
       (3) the maritime industry, including relevant federally 
     funded research institutions, nongovernmental organizations, 
     and academia.
       (c) Extension for Covered Historic Vessels.--The captain of 
     a port may waive the requirements of section 3306(n)(3)(A)(v) 
     of title 46, United States Code, with respect to covered 
     historic vessels for not more than 2

[[Page S5982]]

     years after the date of submission of the report required by 
     subsection (a) to Congress in accordance with such 
     subsection.
       (d) Savings Clause.--Nothing in this section shall limit 
     any authority available, as of the date of enactment of this 
     Act, to the captain of a port with respect to safety measures 
     or any other authority as necessary for the safety of covered 
     historic vessels.
       (e) Notice to Passengers.--A covered historic vessel that 
     receives a waiver under subsection (c) shall, beginning on 
     the date on which the requirements under section 
     3306(n)(3)(A)(v) of title 46, United States Code, take 
     effect, provide a prominently displayed notice on its 
     website, ticket counter, and each ticket for passengers that 
     the vessel is exempt from meeting the Coast Guard safety 
     compliance standards concerning egress as provided for under 
     such section 3306(n)(3)(A)(v).
       (f) Definition of Covered Historic Vessels.--In this 
     section, the term ``covered historic vessels'' means the 
     following:
       (1) American Eagle (Official Number 229913).
       (2) Angelique (Official Number 623562).
       (3) Heritage (Official Number 649561).
       (4) J & E Riggin (Official Number 226422).
       (5) Ladona (Official Number 222228).
       (6) Lewis R. French (Official Number 015801).
       (7) Mary Day (Official Number 288714).
       (8) Stephen Taber (Official Number 115409).
       (9) Victory Chimes (Official Number 136784).
       (10) Grace Bailey (Official Number 085754).
       (11) Mercantile (Official Number 214388).
       (12) Mistress (Official Number 509004).

     SEC. 5508. COAST GUARD DIGITAL REGISTRATION.

       Section 12304(a) of title 46, United States Code, is 
     amended--
       (1) by striking ``shall be pocketsized,''; and
       (2) by striking ``, and may be valid'' and inserting ``and 
     may be in hard copy or digital form. The certificate shall be 
     valid''.

     SEC. 5509. RESPONSES TO SAFETY RECOMMENDATIONS.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 721. Responses to safety recommendations

       ``(a) In General.--Not later than 90 days after the 
     submission to the Commandant of a recommendation and 
     supporting justification by the National Transportation 
     Safety Board relating to transportation safety, the 
     Commandant shall submit to the National Transportation Safety 
     Board a written response to the recommendation, which shall 
     include whether the Commandant--
       ``(1) concurs with the recommendation;
       ``(2) partially concurs with the recommendation; or
       ``(3) does not concur with the recommendation.
       ``(b) Explanation of Concurrence.--A response under 
     subsection (a) shall include--
       ``(1) with respect to a recommendation with which the 
     Commandant concurs, an explanation of the actions the 
     Commandant intends to take to implement such recommendation;
       ``(2) with respect to a recommendation with which the 
     Commandant partially concurs, an explanation of the actions 
     the Commandant intends to take to implement the portion of 
     such recommendation with which the Commandant partially 
     concurs; and
       ``(3) with respect to a recommendation with which the 
     Commandant does not concur, the reasons the Commandant does 
     not concur.
       ``(c) Failure To Respond.--If the National Transportation 
     Safety Board has not received the written response required 
     under subsection (a) by the end of the time period described 
     in that subsection, the National Transportation Safety Board 
     shall notify the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that such response has not been received.''.
       (b) Clerical Amendment.--The analysis for chapter 7 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``721. Responses to safety recommendations.''.

     SEC. 5510. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND 
                   REPORT ON THE COAST GUARD'S OVERSIGHT OF THIRD 
                   PARTY ORGANIZATIONS.

       (a) In General.--The Comptroller General of the United 
     States shall initiate a review, not later than 1 year after 
     the date of enactment of this Act, that assesses the Coast 
     Guard's oversight of third party organizations.
       (b) Elements.--The study required under subsection (a) 
     shall analyze the following:
       (1) Coast Guard utilization of third party organizations in 
     its prevention mission, and the extent the Coast Guard plans 
     to increase such use to enhance prevention mission 
     performance, including resource utilization and specialized 
     expertise.
       (2) The extent the Coast Guard has assessed the potential 
     risks and benefits of using third party organizations to 
     support prevention mission activities.
       (3) The extent the Coast Guard provides oversight of third 
     party organizations authorized to support prevention mission 
     activities.
       (c) Report.--The Comptroller General shall submit the 
     results from this study not later than 1 year after 
     initiating the review to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 5511. ARTICULATED TUG-BARGE MANNING.

       (a) In General.--Notwithstanding the watch setting 
     requirements set forth in section 8104 of title 46, United 
     States Code, the Secretary of the department in which the 
     Coast Guard is operating shall authorize an Officer in 
     Charge, Marine Inspection to issue an amended certificate of 
     inspection that does not require engine room watch setting to 
     inspected towing vessels certificated prior to July 19, 2022, 
     forming part of an articulated tug-barge unit, provided that 
     such vessels are equipped with engineering control and 
     monitoring systems of a type accepted for no engine room 
     watch setting under a previously approved Minimum Safe 
     Manning Document or certificate of inspection for articulated 
     tug-barge units.
       (b) Definitions.--In this section:
       (1) Certificate of inspection.--The term ``certificate of 
     inspection'' means a certificate of inspection under 
     subchapter M of chapter I of title 46, Code of Federal 
     Regulations.
       (2) Inspected towing vessel.--The term ``inspected towing 
     vessel'' means a vessel issued a Certificate of Inspection.

     SEC. 5512. ALTERNATE SAFETY COMPLIANCE PROGRAM EXCEPTION FOR 
                   CERTAIN VESSELS.

       Section 4503a of title 46, United States Code, is amended--
       (1) by redesignating subsections (d) through (f) as 
     subsections (e) through (g), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Subsection (a) shall not apply to a vessel that--
       ``(1) is 79 feet or less in length as listed on the 
     vessel's certificate of documentation or certificate of 
     number; and
       ``(2)(A) successfully completes a dockside examination by 
     the Secretary every 2 years in accordance with section 
     4502(f)(2) of this title; and
       ``(B) visibly displays a current decal demonstrating 
     examination compliance in the pilothouse or equivalent 
     space.''.

                       Subtitle B--Other Matters

     SEC. 5521. DEFINITION OF A STATELESS VESSEL.

       Section 70502(d)(1) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) a vessel aboard which no individual, on request of an 
     officer of the United States authorized to enforce applicable 
     provisions of United States law, claims to be the master or 
     is identified as the individual in charge and that has no 
     other claim of nationality or registry under paragraph (1) or 
     (2) of subsection (e).''.

     SEC. 5522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.

       Not later than 1 year after the date of enactment of this 
     Act, the Commandant shall submit to Congress a report 
     describing any changes to the enforcement of chapters 121 and 
     551 of title 46, United States Code, as a result of the 
     amendments to section 4(a)(1) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283).

     SEC. 5523. STUDY ON MULTI-LEVEL SUPPLY CHAIN SECURITY 
                   STRATEGY OF THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall initiate a study that assesses the efforts of 
     the Department of Homeland Security with respect to securing 
     vessels and maritime cargo bound for the United States from 
     national security related risks and threats.
       (b) Elements.--The study required under subsection (a) 
     shall assess the following:
       (1) Programs that comprise the maritime strategy of the 
     Department of Homeland Security for securing vessels and 
     maritime cargo bound for the United States, and the extent 
     that such programs cover the critical components of the 
     global supply chain.
       (2) The extent to which the components of the Department of 
     Homeland Security responsible for maritime security issues 
     have implemented leading practices in collaboration.
       (3) The extent to which the Department of Homeland Security 
     has assessed the effectiveness of its maritime security 
     strategy.
       (c) Report.--Not later than 1 year after initiating the 
     study under subsection (a), the Comptroller General of the 
     United States shall submit the results from the study to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 5524. STUDY TO MODERNIZE THE MERCHANT MARINER LICENSING 
                   AND DOCUMENTATION SYSTEM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Commandant shall submit to the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Appropriations of the Senate, and the Committee 
     on Transportation and Infrastructure and the Committee

[[Page S5983]]

     on Appropriations of the House of Representatives, a report 
     on the financial, human, and information technology 
     infrastructure resources needed to establish an electronic 
     merchant mariner licensing and documentation system.
       (b) Legislative and Regulatory Suggestions.--The report 
     described in subsection (a) shall include recommendations for 
     such legislative or administrative actions as the Commandant 
     determines necessary to establish the electronic merchant 
     mariner licensing and documentation system described in 
     subsection (a) as soon as possible.
       (c) GAO Report.--
       (1) In general.--By not later than 180 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States, in consultation with the Commandant, shall 
     prepare and submit a report to Congress that evaluates the 
     current processes, as of the date of enactment of this Act, 
     of the National Maritime Center for processing and approving 
     merchant mariner credentials.
       (2) Contents of evaluation.--The evaluation conducted under 
     paragraph (1) shall include--
       (A) an analysis of the effectiveness of the current 
     merchant mariner credentialing process, as of the date of 
     enactment of this Act;
       (B) an analysis of the backlogs relating to the merchant 
     mariner credentialing process and the reasons for such 
     backlogs; and
       (C) recommendations for improving and expediting the 
     merchant mariner credentialing process.
       (3) Definition of merchant mariner credential.--In this 
     subsection, the term ``merchant mariner credential'' means a 
     merchant mariner license, certificate, or document that the 
     Secretary of the department in which the Coast Guard is 
     operating is authorized to issue pursuant to title 46, United 
     States Code.

     SEC. 5525. STUDY AND REPORT ON DEVELOPMENT AND MAINTENANCE OF 
                   MARINER RECORDS DATABASE.

       (a) Study.--
       (1) In general.--The Secretary, in coordination with the 
     Commandant and the Administrator of the Maritime 
     Administration and the Commander of the United States 
     Transportation Command, shall conduct a study on the 
     potential benefits and feasibility of developing and 
     maintaining a Coast Guard database that--
       (A) contains records with respect to each credentialed 
     mariner, including credential validity, drug and alcohol 
     testing results, and information on any final adjudicated 
     agency action involving a credentialed mariner or regarding 
     any involvement in a marine casualty; and
       (B) maintains such records in a manner such that data can 
     be readily accessed by the Federal Government for the purpose 
     of assessing workforce needs and for the purpose of the 
     economic and national security of the United States.
       (2) Elements.--The study required under paragraph (1) 
     shall--
       (A) include an assessment of the resources, including 
     information technology, and authorities necessary to develop 
     and maintain the database described in such paragraph; and
       (B) specifically address the protection of the privacy 
     interests of any individuals whose information may be 
     contained within the database, which shall include limiting 
     access to the database or having access to the database be 
     monitored by, or accessed through, a member of the Coast 
     Guard.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study under subsection (a), including findings, 
     conclusions, and recommendations.
       (c) Definitions.--In this section:
       (1) Credentialed mariner.--The term ``credentialed 
     mariner'' means an individual with a merchant mariner 
     license, certificate, or document that the Secretary is 
     authorized to issue pursuant to title 46, United States Code.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department in which the Coast Guard is operating.

     SEC. 5526. ASSESSMENT REGARDING APPLICATION PROCESS FOR 
                   MERCHANT MARINER CREDENTIALS.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct an assessment to 
     determine the resources, including personnel and computing 
     resources, required to--
       (1) reduce the amount of time necessary to process merchant 
     mariner credentialing applications to not more than 2 weeks 
     after the date of receipt; and
       (2) develop and maintain an electronic merchant mariner 
     credentialing application.
       (b) Briefing Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     provide a briefing to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives with the results of the assessment required 
     under subsection (a).
       (c) Definition.--In this section, the term ``merchant 
     mariner credentialing application'' means a credentialing 
     application for a merchant mariner license, certificate, or 
     document that the Secretary is authorized to issue pursuant 
     to title 46, United States Code.

     SEC. 5527. MILITARY TO MARINERS ACT OF 2022.

       (a) Short Title.--This section may be cited as the 
     ``Military to Mariners Act of 2022''.
       (b) Findings; Sense of Congress.--
       (1) Findings.--Congress makes the following findings:
       (A) The United States Uniformed Services are composed of 
     the world's most highly trained and professional 
     servicemembers.
       (B) A robust Merchant Marine and ensuring United States 
     mariners can compete in the global workforce are vital to 
     economic and national security.
       (C) Attracting additional trained and credentialed 
     mariners, particularly from active duty servicemembers and 
     military veterans, will support United States national 
     security requirements and provide meaningful, well-paying 
     jobs to United States veterans.
       (D) There is a need to ensure that the Federal Government 
     has a robust, state of the art, and efficient merchant 
     mariner credentialing system to support economic and national 
     security.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) veterans and members of the Uniformed Services who 
     pursue credentialing to join the United States Merchant 
     Marine should receive vigorous support; and
       (B) it is incumbent upon the regulatory bodies of the 
     United States to streamline regulations to facilitate 
     transition of veterans and members of the Uniformed Services 
     into the United States Merchant Marine to maintain a strong 
     maritime presence in the United States and worldwide.
       (c) Modification of Sea Service Requirements for Merchant 
     Mariner Credentials for Veterans and Members of the Uniformed 
     Services.--
       (1) Definitions.--In this subsection:
       (A) Merchant mariner credential.--The term ``merchant 
     mariner credential'' has the meaning given the term in 
     section 7510 of title 46, United States Code.
       (B) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (C) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 2101 of title 5, United States Code.
       (2) Review and regulations.--Notwithstanding any other 
     provision of law, not later than 2 years after the date of 
     enactment of this Act, the Secretary shall--
       (A) review and examine--
       (i) the requirements and procedures for veterans and 
     members of the Uniformed Services to receive a merchant 
     mariner credential;
       (ii) the classifications of sea service acquired through 
     training and service as a member of the Uniformed Services 
     and level of equivalence to sea service on merchant vessels;
       (iii) the amount of sea service, including percent of the 
     total time onboard for purposes of equivalent underway 
     service, that will be accepted as required experience for all 
     endorsements for applicants for a merchant mariner credential 
     who are veterans or members of the Uniformed Services;
       (B) provide the availability for a fully internet-based 
     application process for a merchant mariner credential, to the 
     maximum extent practicable; and
       (C) issue new regulations to--
       (i) reduce paperwork, delay, and other burdens for 
     applicants for a merchant mariner credential who are veterans 
     and members of the Uniformed Services, and, if determined to 
     be appropriate, increase the acceptable percentages of time 
     equivalent to sea service for such applicants; and
       (ii) reduce burdens and create a means of alternative 
     compliance to demonstrate instructor competency for Standards 
     of Training, Certification and Watchkeeping for Seafarers 
     courses.
       (3) Consultation.--In carrying out paragraph (2), the 
     Secretary shall consult with the National Merchant Marine 
     Personnel Advisory Committee taking into account the present 
     and future needs of the United States Merchant Marine labor 
     workforce.
       (4) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Committee on the Marine 
     Transportation System shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Armed Services of the Senate, the Committee on 
     Energy and Commerce of the House of Representatives, and the 
     Committee on Armed Services of the House of Representatives, 
     a report that contains an update on the activities carried 
     out to implement--
       (A) the July 2020 report by the Committee on the Marine 
     Transportation System to the White House Office of Trade and 
     Manufacturing Policy on the implementation of Executive Order 
     13860 (84 Fed. Reg. 8407; relating to supporting the 
     transition of active duty servicemembers and military 
     veterans into the Merchant Marine); and
       (B) section 3511 of the National Defense Authorization Act 
     of 2020 (Public Law 116-92; 133 Stat. 1978).
       (d) Assessment of Skillbridge for Employment as a Merchant 
     Mariner.--The Secretary of the department in which the Coast 
     Guard is operating, in collaboration with the Secretary of 
     Defense, shall assess the use of the SkillBridge program of 
     the Department of Defense as a means for

[[Page S5984]]

     transitioning active duty sea service personnel toward 
     employment as a merchant mariner.

     SEC. 5528. FLOATING DRY DOCKS.

       Section 55122(a) of title 46, United States Code, is 
     amended--
       (1) in paragraph (1)(C)--
       (A) by striking ``(C)'' and inserting ``(C)(i)'';
       (B) by striking ``2015; and'' and inserting ``2015; or''; 
     and
       (C) by adding at the end the following:
       ``(ii) had a letter of intent for purchase by such shipyard 
     or affiliate signed prior to such date of enactment; and''; 
     and
       (2) in paragraph (2), by inserting ``or occurs between 
     Honolulu, Hawaii, and Pearl Harbor, Hawaii'' before the 
     period at the end.

TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE

     SEC. 5601. DEFINITIONS.

       (a) In General.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraphs (45) through (54) as 
     paragraphs (47) through (56), respectively; and
       (2) by inserting after paragraph (44) the following:
       ``(45) `sexual assault' means any form of abuse or contact 
     as defined in chapter 109A of title 18, or a substantially 
     similar offense under a State, local, or Tribal law.
       ``(46) `sexual harassment' means any of the following:
       ``(A) Conduct towards an individual (which may have been by 
     the individual's supervisor, a supervisor in another area, a 
     coworker, or another credentialed mariner) that--
       ``(i) involves unwelcome sexual advances, requests for 
     sexual favors, or deliberate or repeated offensive comments 
     or gestures of a sexual nature, when--

       ``(I) submission to such conduct is made either explicitly 
     or implicitly a term or condition of employment, pay, career, 
     benefits, or entitlements of the individual;
       ``(II) any submission to, or rejection of, such conduct by 
     the individual is used as a basis for decisions affecting the 
     individual's job, pay, career, benefits, or entitlements; or
       ``(III) such conduct has the purpose or effect of 
     unreasonably interfering with the individual's work 
     performance or creates an intimidating, hostile, or offensive 
     working environment; and

       ``(ii) is so severe or pervasive that a reasonable person 
     would perceive, and the individual does perceive, the 
     environment as hostile or offensive.
       ``(B) Any use or condonation by any person in a supervisory 
     or command position of any form of sexual behavior to 
     control, influence, or affect the career, pay, or job of an 
     individual who is a subordinate to the person.
       ``(C) Any intentional or repeated unwelcome verbal comment 
     or gesture of a sexual nature towards or about an individual 
     by the individual's supervisor, a supervisor in another area, 
     a coworker, or another credentialed mariner.''.
       (b) Report.--The Commandant shall submit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report describing any changes 
     the Commandant may propose to the definitions added by the 
     amendments in subsection (a).
       (c) Conforming Amendments.--
       (1) Section 2113(3) of title 46, United States Code, is 
     amended by striking ``section 2101(51)(A)'' and inserting 
     ``section 2101(53)(A)''.
       (2) Section 4105 of title 46, United States Code, is 
     amended--
       (A) in subsections (b)(1) and (c), by striking ``section 
     2101(51)'' each place it appears and inserting ``section 
     2101(53)''; and
       (B) in subsection (d), by striking ``section 2101(51)(A)'' 
     and inserting ``section 2101(53)(A)''.
       (3) Section 1131(a)(1)(E) of title 49, United States Code, 
     is amended by striking ``section 2101(46)'' and inserting 
     ``116''.

     SEC. 5602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.

       (a) In General.--Chapter 75 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 7511. Convicted sex offender as grounds for denial

       ``(a) Sexual Abuse.--A license, certificate of registry, or 
     merchant mariner's document authorized to be issued under 
     this part shall be denied to an individual who has been 
     convicted of a sexual offense prohibited under--
       ``(1) chapter 109A of title 18, except for subsection (b) 
     of section 2244 of title 18; or
       ``(2) a substantially similar offense under a State, local, 
     or Tribal law.
       ``(b) Abusive Sexual Contact.--A license, certificate of 
     registry, or merchant mariner's document authorized to be 
     issued under this part may be denied to an individual who 
     within 5 years before applying for the license, certificate, 
     or document, has been convicted of a sexual offense 
     prohibited under subsection (b) of section 2244 of title 18, 
     or a substantially similar offense under a State, local, or 
     Tribal law.''.
       (b) Clerical Amendment.--The analysis for chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

``7511. Convicted sex offender as grounds for denial.''.

     SEC. 5603. ACCOMMODATION; NOTICES.

       Section 11101 of title 46, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) each crew berthing area shall be equipped with 
     information regarding--
       ``(A) vessel owner or company policies prohibiting sexual 
     assault, sexual harassment, retaliation, and drug and alcohol 
     use; and
       ``(B) procedures and resources to report allegations of 
     sexual assault and sexual harassment, including information--
       ``(i) on the contact information, website address, and 
     mobile application of the Coast Guard Investigative Services 
     and the Coast Guard National Command Center, in order to 
     report allegations of sexual assault or sexual harassment;
       ``(ii) on vessel owner or company procedures to report 
     violations of company policy and access resources;
       ``(iii) on resources provided by outside organizations such 
     as sexual assault hotlines and counseling;
       ``(iv) on the retention period for surveillance video 
     recording after an incident of sexual harassment or sexual 
     assault is reported; and
       ``(v) on additional items specified in regulations issued 
     by, and at the discretion of, the Secretary.''; and
       (2) in subsection (d), by adding at the end the following: 
     ``In each washing place in a visible location, there shall be 
     information regarding procedures and resources to report 
     alleged sexual assault and sexual harassment upon the vessel, 
     and vessel owner or company policies prohibiting sexual 
     assault and sexual harassment, retaliation, and drug and 
     alcohol use.''.

     SEC. 5604. PROTECTION AGAINST DISCRIMINATION.

       Section 2114(a) of title 46, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (B) through (G) as 
     subparagraphs (C) through (H), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) the seaman in good faith has reported or is about to 
     report to the vessel owner, Coast Guard, or other appropriate 
     Federal agency or department sexual harassment or sexual 
     assault against the seaman or knowledge of sexual harassment 
     or sexual assault against another seaman;''; and
       (2) in paragraphs (2) and (3), by striking ``paragraph 
     (1)(B)'' each place it appears and inserting ``paragraph 
     (1)(C)''.

     SEC. 5605. ALCOHOL AT SEA.

       (a) In General.--The Commandant shall seek to enter into an 
     agreement with the National Academy of Sciences not later 
     than 1 year after the date of the enactment of this Act under 
     which the National Academy of Sciences shall prepare an 
     assessment to determine safe levels of alcohol consumption 
     and possession by crew members aboard vessels of the United 
     States engaged in commercial service, except when such 
     possession is associated with the commercial sale to 
     individuals aboard the vessel who are not crew members.
       (b) Assessment.--The assessment under this section shall--
       (1) take into account the safety and security of every 
     individual on the vessel;
       (2) take into account reported incidences of sexual 
     harassment or sexual assault, as defined in section 2101 of 
     title 46, United States Code; and
       (3) provide any appropriate recommendations for any changes 
     to laws, including regulations, or employer policies.
       (c) Submission.--Upon completion of the assessment under 
     this section, the National Academy of Sciences shall submit 
     the assessment to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Transportation 
     and Infrastructure of the House of Representatives, the 
     Commandant, and the Secretary of the department in which the 
     Coast Guard is operating.
       (d) Regulations.--The Commandant--
       (1) shall review the findings and recommendations of the 
     assessment under this section by not later than 180 days 
     after receiving the assessment under subsection (c); and
       (2) taking into account the safety and security of every 
     individual on vessels of the United States engaged in 
     commercial service, may issue regulations relating to alcohol 
     consumption on such vessels.
       (e) Report Required.--If, by the date that is 2 years after 
     the receipt of the assessment under subsection (c), the 
     Commandant does not issue regulations under subsection (d), 
     the Commandant shall provide a report by such date to the 
     appropriate committees of Congress--
       (1) regarding the rationale for not issuing such 
     regulations; and
       (2) providing other recommendations as necessary to ensure 
     safety at sea.

     SEC. 5606. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR 
                   SUSPENSION AND REVOCATION.

       (a) In General.--Chapter 77 of title 46, United States 
     Code, is amended by inserting after section 7704 the 
     following:

     ``Sec. 7704a. Sexual harassment or sexual assault as grounds 
       for suspension and revocation

       ``(a) Sexual Harassment.--If it is shown at a hearing under 
     this chapter that a holder

[[Page S5985]]

     of a license, certificate of registry, or merchant mariner's 
     document issued under this part, within 10 years before the 
     beginning of the suspension and revocation proceedings, is 
     the subject of a substantiated claim of sexual harassment, 
     then the license, certificate of registry, or merchant 
     mariner's document shall be suspended or revoked.
       ``(b) Sexual Assault.--If it is shown at a hearing under 
     this chapter that a holder of a license, certificate of 
     registry, or merchant mariner's document issued under this 
     part, within 20 years before the beginning of the suspension 
     and revocation proceedings, is the subject of a substantiated 
     claim of sexual assault, then the license, certificate of 
     registry, or merchant mariner's document shall be revoked.
       ``(c) Substantiated Claim.--
       ``(1) In general.--In this section, the term `substantiated 
     claim' means--
       ``(A) a legal proceeding or agency action in any 
     administrative proceeding that determines the individual 
     committed sexual harassment or sexual assault in violation of 
     any Federal, State, local, or Tribal law or regulation and 
     for which all appeals have been exhausted, as applicable; or
       ``(B) a determination after an investigation by the Coast 
     Guard that it is more likely than not that the individual 
     committed sexual harassment or sexual assault as defined in 
     section 2101, if the determination affords appropriate due 
     process rights to the subject of the investigation.
       ``(2) Investigation by the coast guard.--An investigation 
     by the Coast Guard under paragraph (1)(B) shall include 
     evaluation of the following materials that shall be provided 
     to the Coast Guard:
       ``(A) Any inquiry or determination made by the employer of 
     the individual as to whether the individual committed sexual 
     harassment or sexual assault.
       ``(B) Upon request from the Coast Guard, any investigative 
     materials, documents, records, or files in the possession of 
     an employer or former employer of the individual that are 
     related to the claim of sexual harassment or sexual assault 
     by the individual.
       ``(3) Additional review.--A license, certificate of 
     registry, or merchant mariner's document shall not be 
     suspended or revoked under subsection (a) or (b), unless the 
     substantiated claim is reviewed and affirmed, in accordance 
     with the applicable definition in section 2101, by an 
     administrative law judge at the same suspension or revocation 
     hearing under this chapter described in subsection (a) or 
     (b), as applicable.''.
       (b) Clerical Amendment.--The analysis for chapter 77 of 
     title 46, United States Code, is amended by inserting after 
     the item relating to section 7704 the following:

``7704a. Sexual harassment or sexual assault as grounds for suspension 
              or revocation.''.

     SEC. 5607. SURVEILLANCE REQUIREMENTS.

       (a) In General.--Part B of subtitle II of title 46, United 
     States Code, is amended by adding at the end the following:

        ``CHAPTER 49--OCEANGOING NONPASSENGER COMMERCIAL VESSELS

     ``Sec. 4901. Surveillance requirements

       ``(a) Applicability.--
       ``(1) In general.--The requirements in this section shall 
     apply to vessels engaged in commercial service that do not 
     carry passengers and are any of the following:
       ``(A) A documented vessel with overnight accommodations for 
     at least 10 persons on board that--
       ``(i) is on a voyage of at least 600 miles and crosses 
     seaward of the boundary line; or
       ``(ii) is at least 24 meters (79 feet) in overall length 
     and required to have a load line under chapter 51.
       ``(B) A documented vessel on an international voyage that 
     is of--
       ``(i) at least 500 gross tons as measured under section 
     14502; or
       ``(ii) an alternate tonnage measured under section 14302 as 
     prescribed by the Secretary under section 14104.
       ``(C) A vessel with overnight accommodations for at least 
     10 persons on board that are operating for no less than 72 
     hours on waters superjacent to the outer Continental Shelf 
     (as defined in section 2(a) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1331(a)).
       ``(2) Exception.--Notwithstanding paragraph (1), the 
     requirements in this section shall not apply to any fishing 
     vessel, fish processing vessel, or fish tender vessel.
       ``(b) Requirement for Maintenance of Video Surveillance 
     System.--Each vessel to which this section applies shall 
     maintain a video surveillance system in accordance with this 
     section.
       ``(c) Placement of Video and Audio Surveillance 
     Equipment.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall install video and audio surveillance 
     equipment aboard the vessel not later than 2 years after the 
     date of enactment of the Coast Guard Authorization Act of 
     2022, or during the next scheduled drydock, whichever is 
     later.
       ``(2) Locations.--Video and audio surveillance equipment 
     shall be placed in passageways onto which doors from 
     staterooms open. Such equipment shall be placed in a manner 
     ensuring the visibility of every door in each such 
     passageway.
       ``(d) Notice of Video and Audio Surveillance.--The owner of 
     a vessel to which this section applies shall provide clear 
     and conspicuous signs on board the vessel notifying the crew 
     of the presence of video and audio surveillance equipment.
       ``(e) Access to Video and Audio Records.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall provide to any Federal, State, or other 
     law enforcement official performing official duties in the 
     course and scope of a criminal or marine safety 
     investigation, upon request, a copy of all records of video 
     and audio surveillance that the official believes may provide 
     evidence of a crime reported to law enforcement officials.
       ``(2) Civil actions.--Except as proscribed by law 
     enforcement authorities or court order, the owner of a vessel 
     to which this section applies shall, upon written request, 
     provide to any individual or the individual's legal 
     representative a copy of all records of video and audio 
     surveillance--
       ``(A) in which the individual is a subject of the video and 
     audio surveillance;
       ``(B) if the request is in conjunction with a legal 
     proceeding or investigation; and
       ``(C) that may provide evidence of any sexual harassment or 
     sexual assault incident in a civil action.
       ``(3) Limited access.--The owner of a vessel to which this 
     section applies shall ensure that access to records of video 
     and audio surveillance is limited to the purposes described 
     in this section and not used as part of a labor action 
     against a crew member or employment dispute unless used in a 
     criminal or civil action.
       ``(f) Retention Requirements.--The owner of a vessel to 
     which this section applies shall retain all records of audio 
     and video surveillance for not less than 4 years after the 
     footage is obtained. Any video and audio surveillance found 
     to be associated with an alleged incident of sexual 
     harassment or sexual assault shall be retained by such owner 
     for not less than 10 years from the date of the alleged 
     incident. The Federal Bureau of Investigation and the Coast 
     Guard are authorized access to all records of video and audio 
     surveillance relevant to an investigation into criminal 
     conduct.
       ``(g) Personnel Training.--A vessel owner, managing 
     operator, or employer of a seafarer (in this subsection 
     referred to as the `company') shall provide training for all 
     individuals employed by the company for the purpose of 
     responding to incidents of sexual assault or sexual 
     harassment, including--
       ``(1) such training to ensure the individuals--
       ``(A) retain audio and visual records and other evidence 
     objectively; and
       ``(B) act impartially without influence from the company or 
     others; and
       ``(2) training on applicable Federal, State, Tribal, and 
     local laws and regulations regarding sexual assault and 
     sexual harassment investigations and reporting requirements.
       ``(h) Definition of Owner.--In this section, the term 
     `owner' means the owner, charterer, managing operator, 
     master, or other individual in charge of a vessel.''.
       (b) Clerical Amendment.--The analysis of subtitle II at the 
     beginning of title 46, United States Code, is amended by 
     adding after the item relating to chapter 47 the following:

      ``Chapter 49--Oceangoing Nonpassenger Commercial Vessels''.

     SEC. 5608. MASTER KEY CONTROL.

       (a) In General.--Chapter 31 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3106. Master key control system

       ``(a) In General.--The owner of a vessel subject to 
     inspection under section 3301 shall--
       ``(1) ensure that such vessel is equipped with a vessel 
     master key control system, manual or electronic, which 
     provides controlled access to all copies of the vessel's 
     master key of which access shall only be available to the 
     individuals described in paragraph (2);
       ``(2)(A) establish a list of all crew members, identified 
     by position, allowed to access and use the master key; and
       ``(B) maintain such list upon the vessel within owner 
     records and include such list in the vessel safety management 
     system under section 3203(a)(6);
       ``(3) record in a log book, which may be electronic and 
     shall be included in the safety management system under 
     section 3203(a)(6), information on all access and use of the 
     vessel's master key, including--
       ``(A) dates and times of access;
       ``(B) the room or location accessed; and
       ``(C) the name and rank of the crew member that used the 
     master key; and
       ``(4) make the list under paragraph (2) and the log book 
     under paragraph (3) available upon request to any agent of 
     the Federal Bureau of Investigation, any member of the Coast 
     Guard, and any law enforcement officer performing official 
     duties in the course and scope of an investigation.
       ``(b) Prohibited Use.--A crew member not included on the 
     list described in subsection (a)(2) shall not have access to 
     or use the master key unless in an emergency and shall 
     immediately notify the master and owner of the vessel 
     following access to or use of such key.
       ``(c) Penalty.--Any crew member who violates subsection (b) 
     shall be liable to the United States Government for a civil 
     penalty of not more than $1,000, and may be subject to 
     suspension or revocation under section 7703.''.
       (b) Clerical Amendment.--The analysis for chapter 31 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

``3106. Master key control system.''.

[[Page S5986]]

  


     SEC. 5609. SAFETY MANAGEMENT SYSTEMS.

       Section 3203 of title 46, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (5) and (6) as paragraphs 
     (7) and (8), respectively; and
       (B) by inserting after paragraph (4) the following:
       ``(5) with respect to sexual harassment and sexual assault, 
     procedures and annual training requirements for all 
     responsible persons and vessels to which this chapter applies 
     on--
       ``(A) prevention;
       ``(B) bystander intervention;
       ``(C) reporting;
       ``(D) response; and
       ``(E) investigation;
       ``(6) the list required under section 3106(a)(2) and the 
     log book required under section 3106(a)(3);'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Procedures and Training Requirements.--In prescribing 
     regulations for the procedures and training requirements 
     described in subsection (a)(5), such procedures and 
     requirements shall be consistent with the requirements to 
     report sexual harassment or sexual assault under section 
     10104.
       ``(c) Audits.--
       ``(1) In general.--Upon discovery of a failure of a 
     responsible person or vessel to comply with a requirement 
     under section 10104 during an audit of a safety management 
     system or from other sources of information acquired by the 
     Coast Guard (including an audit or systematic review under 
     section 10104(g)), the Secretary shall audit the safety 
     management system of a vessel under this section to determine 
     if there is a failure to comply with any other requirement 
     under section 10104.
       ``(2) Certificates.--
       ``(A) Suspension.--During an audit of a safety management 
     system of a vessel required under paragraph (1), the 
     Secretary may suspend the Safety Management Certificate 
     issued for the vessel under section 3205 and issue a separate 
     Safety Management Certificate for the vessel to be in effect 
     for a 3-month period beginning on the date of the issuance of 
     such separate certificate.
       ``(B) Revocation.--At the conclusion of an audit of a 
     safety management system required under paragraph (1), the 
     Secretary shall revoke the Safety Management Certificate 
     issued for the vessel under section 3205 if the Secretary 
     determines--
       ``(i) that the holder of the Safety Management Certificate 
     knowingly, or repeatedly, failed to comply with section 
     10104; or
       ``(ii) other failure of the safety management system 
     resulted in the failure to comply with such section.
       ``(3) Documents of compliance.--
       ``(A) In general.--Following an audit of the safety 
     management system of a vessel required under paragraph (1), 
     the Secretary may audit the safety management system of the 
     responsible person for the vessel.
       ``(B) Suspension.--During an audit under subparagraph (A), 
     the Secretary may suspend the Document of Compliance issued 
     to the responsible person under section 3205 and issue a 
     separate Document of Compliance to such person to be in 
     effect for a 3-month period beginning on the date of the 
     issuance of such separate document.
       ``(C) Revocation.--At the conclusion of an assessment or an 
     audit of a safety management system under subparagraph (A), 
     the Secretary shall revoke the Document of Compliance issued 
     to the responsible person if the Secretary determines--
       ``(i) that the holder of the Document of Compliance 
     knowingly, or repeatedly, failed to comply with section 
     10104; or
       ``(ii) that other failure of the safety management system 
     resulted in the failure to comply with such section.''.

     SEC. 5610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND 
                   HARASSMENT.

       Section 10104 of title 46, United States Code, is amended 
     by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Mandatory Reporting by Crew Members.--
       ``(1) In general.--A crew member of a documented vessel 
     shall report to the Commandant in accordance with subsection 
     (c) any complaint or incident of sexual harassment or sexual 
     assault of which the crew member has firsthand or personal 
     knowledge.
       ``(2) Penalty.--Except as provided in paragraph (3), a crew 
     member with firsthand or personal knowledge of a sexual 
     assault or sexual harassment incident on a documented vessel 
     who knowingly fails to report in compliance with paragraph 
     (1) is liable to the United States Government for a civil 
     penalty of not more than $25,000.
       ``(3) Amnesty.--A crew member who knowingly fails to make 
     the required reporting under paragraph (1) shall not be 
     subject to the penalty described in paragraph (2) if the 
     complaint is shared in confidence with the crew member 
     directly from the individual who experienced the sexual 
     harassment or sexual assault or the crew member is a victim 
     advocate as defined in section 40002(a) of the Violence 
     Against Women Act of 1994 (34 U.S.C. 12291(a)).
       ``(b) Mandatory Reporting by Vessel Owner, Master, Managing 
     Operator, or Employer.--
       ``(1) In general.--A vessel owner, master, or managing 
     operator of a documented vessel or the employer of a seafarer 
     on that vessel shall report to the Commandant in accordance 
     with subsection (c) any complaint or incident of sexual 
     harassment or sexual assault involving a crew member in 
     violation of employer policy or law of which such vessel 
     owner, master, managing operator, or employer of the seafarer 
     is made aware. Such reporting shall include results of any 
     investigation into the incident, if applicable, and any 
     action taken against the offending crew member.
       ``(2) Penalty.--A vessel owner, master, or managing 
     operator of a documented vessel or the employer of a seafarer 
     on that vessel who knowingly fails to report in compliance 
     with paragraph (1) is liable to the United States Government 
     for a civil penalty of not more than $50,000.
       ``(c) Reporting Procedures.--
       ``(1) Timing.--
       ``(A) Reports by crew members.--A report required under 
     subsection (a) shall be made as soon as practicable, but not 
     later than 10 days after the individual develops firsthand or 
     personal knowledge of the sexual assault or sexual harassment 
     incident, to the Commandant by the fastest telecommunications 
     channel available.
       ``(B) Reports by vessel owners, masters, managing 
     operators, or employers.--A report required under subsection 
     (b) shall be made immediately after the vessel owner, master, 
     managing operator, or employer of the seafarer gains 
     knowledge of a sexual assault or sexual harassment incident 
     by the fastest telecommunications channel available. Such 
     report shall be made to the Commandant and the appropriate 
     officer or agency of the government of the country in whose 
     waters the incident occurs.
       ``(2) Contents.--A report required under subsection (a) or 
     (b) shall include, to the best of the knowledge of the 
     individual making the report--
       ``(A) the name, official position or role in relation to 
     the vessel, and contact information of the individual making 
     the report;
       ``(B) the name and official number of the documented 
     vessel;
       ``(C) the time and date of the incident;
       ``(D) the geographic position or location of the vessel 
     when the incident occurred; and
       ``(E) a brief description of the alleged sexual harassment 
     or sexual assault being reported.
       ``(3) Receiving reports and collection of information.--
       ``(A) Receiving reports.--With respect to reports submitted 
     under this subsection to the Coast Guard, the Commandant--
       ``(i) may establish additional reporting procedures, 
     including procedures for receiving reports through--

       ``(I) a telephone number that is continuously manned at all 
     times; and
       ``(II) an email address that is continuously monitored; and

       ``(ii) shall use procedures that include preserving 
     evidence in such reports and providing emergency service 
     referrals.
       ``(B) Collection of information.--After receiving a report 
     under this subsection, the Commandant shall collect 
     information related to the identity of each alleged victim, 
     alleged perpetrator, and witness identified in the report 
     through a means designed to protect, to the extent 
     practicable, the personal identifiable information of such 
     individuals.
       ``(d) Subpoena Authority.--
       ``(1) In general.--The Commandant may compel the testimony 
     of witnesses and the production of any evidence by subpoena 
     to determine compliance with this section.
       ``(2) Jurisdictional limits.--The jurisdictional limits of 
     a subpoena issued under this section are the same as, and are 
     enforceable in the same manner as, subpoenas issued under 
     chapter 63 of this title.
       ``(e) Company After-action Summary.--A vessel owner, 
     master, managing operator, or employer of a seafarer that 
     makes a report under subsection (b), or becomes aware of a 
     report made under subsection (a) that involves an individual 
     employed by the owner, master, operator, or employer at the 
     time of the sexual assault or sexual harassment incident, 
     shall--
       ``(1) submit to the Commandant a document with detailed 
     information to describe the actions taken by the vessel 
     owner, master, managing operator, or employer of a seafarer 
     after it became aware of the sexual assault or sexual 
     harassment incident; and
       ``(2) make such submission not later than 10 days after the 
     vessel owner, master, managing operator, or employer of a 
     seafarer made the report under subsection (b), or became 
     aware of a report made under subsection (a) that involves an 
     individual employed by the owner, master, operator, or 
     employer at the time of the sexual assault or sexual 
     harassment incident.
       ``(f) Required Company Records.--A vessel owner, master, 
     managing operator, or employer of a seafarer shall--
       ``(1) submit to the Commandant copies of all records, 
     including documents, files, recordings, statements, reports, 
     investigatory materials, findings, and any other materials 
     requested by the Commandant related to the claim of sexual 
     assault or sexual harassment; and
       ``(2) make such submission not later than 14 days after--
       ``(A) the vessel owner, master, managing operator, or 
     employer of a seafarer submitted a report under subsection 
     (b); or
       ``(B) the vessel owner, master, managing operator, or 
     employer of a seafarer acquired knowledge of a report made 
     under subsection

[[Page S5987]]

     (a) that involved individuals employed by the vessel owner, 
     master, managing operator, or employer of a seafarer.
       ``(g) Investigatory Audit.--The Commandant shall 
     periodically perform an audit or other systematic review of 
     the submissions made under this section to determine if there 
     were any failures to comply with the requirements of this 
     section.
       ``(h) Civil Penalty.--A vessel owner, master, managing 
     operator, or employer of a seafarer that fails to comply with 
     subsections (e) or (f) is liable to the United States 
     Government for a civil penalty of $50,000 for each day a 
     failure continues.
       ``(i) Applicability; Regulations.--
       ``(1) Effective date.--The requirements of this section 
     take effect on the date of enactment of the Coast Guard 
     Authorization Act of 2022.
       ``(2) Regulations.--The Commandant may issue regulations to 
     implement the requirements of this section.
       ``(3) Reports.--Any report required to be made to the 
     Commandant under this section shall be made to the Coast 
     Guard National Command Center, until regulations establishing 
     other reporting procedures are issued.''.

     SEC. 5611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF 
                   SEAMEN.

       (a) Personal Injury to or Death of Seamen.--Section 30104 
     of title 46, United States Code, is amended by inserting ``, 
     including an injury resulting from sexual assault or sexual 
     harassment (as such terms are defined in section 2101),'' 
     after ``in the course of employment''.
       (b) Time Limit on Bringing Maritime Action.--Section 30106 
     of title 46, United States Code, is amended--
       (1) in the section heading, by striking ``for personal 
     injury or death'';
       (2) by striking ``Except as otherwise'' and inserting the 
     following:
       ``(a) In General.--Except as otherwise''; and
       (3) by adding at the end the following:
       ``(b) Extension for Sexual Offense.--A civil action under 
     subsection (a) arising out of a maritime tort for a claim of 
     sexual harassment or sexual assault, as such terms are 
     defined in section 2101, shall be brought not later than 5 
     years after the cause of action for a claim of sexual 
     harassment or sexual assault arose.''.
       (c) Clerical Amendment.--The analysis for chapter 301 of 
     title 46, United States Code, is amended by striking the item 
     relating to section 30106 and inserting the following:

``30106. Time limit on bringing maritime action.''.

     SEC. 5612. ACCESS TO CARE AND SEXUAL ASSAULT FORENSIC 
                   EXAMINATIONS.

       (a) In General.--Subchapter IV of chapter 5 of title 14, 
     United States Code, as amended by section 5211, is further 
     amended by adding at the end the following:

     ``Sec. 565. Access to care and sexual assault forensic 
       examinations

       ``(a) In General.--Before embarking on any prescheduled 
     voyage, a Coast Guard vessel shall have in place a written 
     operating procedure that ensures that an embarked victim of 
     sexual assault shall have access to a sexual assault forensic 
     examination--
       ``(1) as soon as possible after the victim requests an 
     examination; and
       ``(2) that is treated with the same level of urgency as 
     emergency medical care.
       ``(b) Requirements.--The written operating procedure 
     required by subsection (a), shall, at a minimum, account 
     for--
       ``(1) the health, safety, and privacy of a victim of sexual 
     assault;
       ``(2) the proximity of ashore or afloat medical facilities, 
     including coordination as necessary with the Department of 
     Defense, including other military departments (as defined in 
     section 101 of title 10, United States Code);
       ``(3) the availability of aeromedical evacuation;
       ``(4) the operational capabilities of the vessel concerned;
       ``(5) the qualifications of medical personnel onboard;
       ``(6) coordination with law enforcement and the 
     preservation of evidence;
       ``(7) the means of accessing a sexual assault forensic 
     examination and medical care with a restricted report of 
     sexual assault;
       ``(8) the availability of nonprescription pregnancy 
     prophylactics; and
       ``(9) other unique military considerations.''.
       (b) Study.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall seek to enter into 
     an agreement with the National Academy of Sciences under 
     which the National Academy of Sciences shall conduct a study 
     to assess the feasibility of the development of a self-
     administered sexual assault forensic examination for use by 
     victims of sexual assault onboard a vessel at sea.
       (2) Elements.--The study under paragraph (1) shall--
       (A) take into account--
       (i) the safety and security of the alleged victim of sexual 
     assault;
       (ii) the ability to properly identify, document, and 
     preserve any evidence relevant to the allegation of sexual 
     assault; and
       (iii) the applicable criminal procedural laws relating to 
     authenticity, relevance, preservation of evidence, chain of 
     custody, and any other matter relating to evidentiary 
     admissibility; and
       (B) provide any appropriate recommendation for changes to 
     existing laws, regulations, or employer policies.
       (3) Report.--Upon completion of the study under paragraph 
     (1), the National Academy of Sciences shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Transportation and Infrastructure of 
     the House of Representatives, and the Secretary of the 
     department in which the Coast Guard is operating a report on 
     the findings of the study.
       (c) Clerical Amendment.--The analysis for subchapter IV of 
     chapter 5 of title 14, United States Code, as amended by 
     section 5211, is further amended by adding at the end the 
     following:

``565. Access to care and sexual assault forensic examinations.''.

     SEC. 5613. REPORTS TO CONGRESS.

       (a) In General.--Chapter 101 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 10105. Reports to Congress

       ``Not later than 1 year after the date of enactment of the 
     Coast Guard Authorization Act of 2022, and on an annual basis 
     thereafter, the Commandant shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report to include--
       ``(1) the number of reports received under section 10104;
       ``(2) the number of penalties issued under such section;
       ``(3) the number of open investigations under such section, 
     completed investigations under such section, and the outcomes 
     of such open or completed investigations;
       ``(4) the number of assessments or audits conducted under 
     section 3203 and the outcome of those assessments or audits;
       ``(5) a statistical analysis of compliance with the safety 
     management system criteria under section 3203;
       ``(6) the number of credentials denied or revoked due to 
     sexual harassment, sexual assault, or related offenses; and
       ``(7) recommendations to support efforts of the Coast Guard 
     to improve investigations and oversight of sexual harassment 
     and sexual assault in the maritime sector, including funding 
     requirements and legislative change proposals necessary to 
     ensure compliance with title LVI of the Coast Guard 
     Authorization Act of 2022 and the amendments made by such 
     title.''.
       (b) Clerical Amendment.--The analysis for chapter 101 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

``10105. Reports to Congress.''.

     SEC. 5614. POLICY ON REQUESTS FOR PERMANENT CHANGES OF 
                   STATION OR UNIT TRANSFERS BY PERSONS WHO REPORT 
                   BEING THE VICTIM OF SEXUAL ASSAULT.

       Not later than 30 days after the date of the enactment of 
     this Act, the Commandant, in consultation with the Director 
     of the Health, Safety, and Work Life Directorate, shall issue 
     an interim update to Coast Guard policy guidance to allow a 
     member of the Coast Guard who has reported being the victim 
     of a sexual assault or any other offense covered by section 
     920, 920c, or 930 of title 10, United States Code (article 
     120, 120c, or 130 of the Uniform Code of Military Justice) to 
     request an immediate change of station or a unit transfer. 
     The final policy shall be updated not later than 1 year after 
     the date of the enactment of this Act.

     SEC. 5615. SEX OFFENSES AND PERSONNEL RECORDS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Commandant shall issue final regulations or 
     policy guidance required to fully implement section 1745 of 
     the National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 10 U.S.C. 1561 note).

     SEC. 5616. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study to assess the oversight 
     over Coast Guard activities, including investigations, 
     personnel management, whistleblower protection, and other 
     activities carried out by the Department of Homeland Security 
     Office of Inspector General.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An analysis of the ability of the Department of 
     Homeland Security Office of Inspector General to ensure 
     timely, thorough, complete, and appropriate oversight over 
     the Coast Guard, including oversight over both civilian and 
     military activities.
       (2) An assessment of--
       (A) the best practices with respect to such oversight; and
       (B) the ability of the Department of Homeland Security 
     Office of Inspector General and the Commandant to identify 
     and achieve such best practices.
       (3) An analysis of the methods, standards, and processes 
     employed by the Department of Defense Office of Inspector 
     General and the inspectors generals of the armed forces (as 
     defined in section 101 of title 10, United States Code), 
     other than the Coast Guard, to conduct oversight and 
     investigation activities.
       (4) An analysis of the methods, standards, and processes of 
     the Department of Homeland Security Office of Inspector 
     General with respect to oversight over the civilian

[[Page S5988]]

     and military activities of the Coast Guard, as compared to 
     the methods, standards, and processes described in paragraph 
     (3).
       (5) An assessment of the extent to which the Coast Guard 
     Investigative Service completes investigations or other 
     disciplinary measures after referral of complaints from the 
     Department of Homeland Security Office of Inspector General.
       (6) A description of the staffing, expertise, training, and 
     other resources of the Department of Homeland Security Office 
     of Inspector General, and an assessment as to whether such 
     staffing, expertise, training, and other resources meet the 
     requirements necessary for meaningful, timely, and effective 
     oversight over the activities of the Coast Guard.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study, 
     including recommendations with respect to oversight over 
     Coast Guard activities.

     SEC. 5617. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall enter into an 
     agreement with a federally funded research and development 
     center for the conduct of a study on--
       (1) the Special Victims' Counsel program of the Coast 
     Guard;
       (2) Coast Guard investigations of sexual assault offenses 
     for cases in which the subject of the investigation is no 
     longer under jeopardy for the alleged misconduct for reasons 
     including the death of the accused, a lapse in the statute of 
     limitations for the alleged offense, and a fully adjudicated 
     criminal trial of the alleged offense in which all appeals 
     have been exhausted; and
       (3) legal support and representation provided to members of 
     the Coast Guard who are victims of sexual assault, including 
     in instances in which the accused is a member of the Army, 
     Navy, Air Force, Marine Corps, or Space Force.
       (b) Elements.--The study required by subsection (a) shall 
     assess the following:
       (1) The Special Victims' Counsel program of the Coast 
     Guard, including training, effectiveness, capacity to handle 
     the number of cases referred, and experience with cases 
     involving members of the Coast Guard and members of another 
     armed force (as defined in section 101 of title 10, United 
     States Code).
       (2) The experience of Special Victims' Counsels in 
     representing members of the Coast Guard during a court-
     martial.
       (3) Policies concerning the availability and detailing of 
     Special Victims' Counsels for sexual assault allegations, in 
     particular such allegations in which the accused is a member 
     of another armed force (as defined in section 101 of title 
     10, United States Code), and the impact that the cross-
     service relationship had on--
       (A) the competence and sufficiency of services provided to 
     the alleged victim; and
       (B) the interaction between--
       (i) the investigating agency and the Special Victims' 
     Counsels; and
       (ii) the prosecuting entity and the Special Victims' 
     Counsels.
       (4) Training provided to, or made available for, Special 
     Victims' Counsels and paralegals with respect to Department 
     of Defense processes for conducting sexual assault 
     investigations and Special Victims' Counsel representation of 
     sexual assault victims.
       (5) The ability of Special Victims' Counsels to operate 
     independently without undue influence from third parties, 
     including the command of the accused, the command of the 
     victim, the Judge Advocate General of the Coast Guard, and 
     the Deputy Judge Advocate General of the Coast Guard.
       (6) The skill level and experience of Special Victims' 
     Counsels, as compared to special victims' counsels available 
     to members of the Army, Navy, Air Force, Marine Corps, and 
     Space Force.
       (7) Policies regarding access to an alternate Special 
     Victims' Counsel, if requested by the member of the Coast 
     Guard concerned, and potential improvements for such 
     policies.
       (c) Report.--Not later than 180 days after entering into an 
     agreement under subsection (a), the federally funded research 
     and development center shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report that includes--
       (1) the findings of the study required by that subsection;
       (2) recommendations to improve the coordination, training, 
     and experience of Special Victims' Counsels of the Coast 
     Guard so as to improve outcomes for members of the Coast 
     Guard who have reported sexual assault; and
       (3) any other recommendation the federally funded research 
     and development center considers appropriate.

      TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

      Subtitle A--National Oceanic and Atmospheric Administration 
                       Commissioned Officer Corps

     SEC. 5701. DEFINITIONS.

       Section 212(b) of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3002(b)) is amended by adding at the end the 
     following:
       ``(8) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Oceans and Atmosphere.''.

     SEC. 5702. REQUIREMENT FOR APPOINTMENTS.

       Section 221(c) of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3021(c)) is amended by striking ``may not be given'' 
     and inserting the following: ``may--
       ``(1) be given only to an individual who is a citizen of 
     the United States; and
       ``(2) not be given''.

     SEC. 5703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 
                   YEARS OF SERVICE.

       (a) In General.--Section 223 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3023) is amended to read as follows:

     ``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.

       ``If an officer in the permanent grade of ensign is at any 
     time found not fully qualified, the officer's commission 
     shall be revoked and the officer shall be separated from the 
     commissioned service.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 223 and inserting the following:

``Sec. 223. Separation of ensigns found not fully qualified.''.

     SEC. 5704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.

       (a) In General.--Subtitle A of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3001 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 220. AWARDS AND DECORATIONS.

       ``The Under Secretary may provide ribbons, medals, badges, 
     trophies, and similar devices to members of the commissioned 
     officer corps of the Administration and to members of other 
     uniformed services for service and achievement in support of 
     the missions of the Administration.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 219 the following:

``Sec. 220. Awards and decorations.''.

     SEC. 5705. RETIREMENT AND SEPARATION.

       (a) Involuntary Retirement or Separation.--Section 
     241(a)(1) of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3041(a)(1)) is amended to read as follows:
       ``(1) an officer in the permanent grade of captain or 
     commander may--
       ``(A) except as provided by subparagraph (B), be 
     transferred to the retired list; or
       ``(B) if the officer is not qualified for retirement, be 
     separated from service; and''.
       (b) Retirement for Age.--Section 243(a) of that Act (33 
     U.S.C. 3043(a)) is amended by striking ``be retired'' and 
     inserting ``be retired or separated (as specified in section 
     1251(e) of title 10, United States Code)''.
       (c) Retirement or Separation Based on Years of Creditable 
     Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is 
     amended--
       (1) by redesignating paragraphs (17) through (26) as 
     paragraphs (18) through (27), respectively; and
       (2) by inserting after paragraph (16) the following:
       ``(17) Section 1251(e), relating to retirement or 
     separation based on years of creditable service.''.

     SEC. 5706. LICENSURE OF HEALTH-CARE PROFESSIONALS.

       Section 263 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3073) is amended--
       (1) by striking ``The Secretary'' and inserting ``(a) In 
     General.--The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Licensure of Health-care Professionals.--
       ``(1) In general.--Notwithstanding any other provision of 
     law regarding the licensure of health-care providers, a 
     health-care professional described in paragraph (2) may 
     practice the health profession or professions of the health-
     care professional at any location in any State, the District 
     of Columbia, or a Commonwealth, territory, or possession of 
     the United States, or in any other area within or beyond the 
     jurisdiction of the United States, regardless of where the 
     health-care professional or the patient of the health-care 
     professional is located, if the practice is within the scope 
     of the authorized Federal duties of the health-care 
     professional.
       ``(2) Health-care professional described.--A health-care 
     professional described in this paragraph is a health-care 
     professional--
       ``(A) who is--
       ``(i) a member of the commissioned officer corps of the 
     Administration;
       ``(ii) a civilian employee of the Administration;
       ``(iii) an officer or employee of the Public Health Service 
     who is assigned or detailed to the Administration; or
       ``(iv) any other health-care professional credentialed and 
     privileged at a Federal health-care institution or location 
     specially designated by the Secretary; and

[[Page S5989]]

       ``(B) who--
       ``(i) has a current license to practice medicine, 
     osteopathic medicine, dentistry, or another health 
     profession; and
       ``(ii) is performing authorized duties for the 
     Administration.
       ``(3) Definitions.--In this subsection:
       ``(A) Health-care professional.--The term `health-care 
     professional' has the meaning given that term in section 
     1094(e) of title 10, United States Code, except that such 
     section shall be applied and administered by substituting 
     `Secretary of Commerce' for `Secretary of Defense' each place 
     it appears.
       ``(B) License.--The term `license' has the meaning given 
     that term in such section.''.

     SEC. 5707. IMPROVING PROFESSIONAL MARINER STAFFING.

       (a) In General.--Subtitle E of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (33 U.S.C. 3071 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.

       ``(a) In General.--The Under Secretary may prescribe 
     regulations relating to shore leave for professional mariners 
     without regard to the requirements of section 6305 of title 
     5, United States Code.
       ``(b) Requirements.--The regulations prescribed under 
     subsection (a) shall--
       ``(1) require that a professional mariner serving aboard an 
     ocean-going vessel be granted a leave of absence of four days 
     per pay period; and
       ``(2) provide that a professional mariner serving in a 
     temporary promotion position aboard a vessel may be paid the 
     difference between the mariner's temporary and permanent 
     rates of pay for leave accrued while serving in the temporary 
     promotion position.
       ``(c) Professional Mariner Defined.--In this section, the 
     term `professional mariner' means an individual employed on a 
     vessel of the Administration who has the necessary expertise 
     to serve in the engineering, deck, steward, electronic 
     technician, or survey department.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269A the following:

``Sec. 269B. Shore leave for professional mariners.''.

     SEC. 5708. LEGAL ASSISTANCE.

       Section 1044(a)(3) of title 10, United States Code, is 
     amended by inserting ``or the commissioned officer corps of 
     the National Oceanic and Atmospheric Administration'' after 
     ``Public Health Service''.

     SEC. 5709. ACQUISITION OF AIRCRAFT FOR EXTREME WEATHER 
                   RECONNAISSANCE.

       (a) Increased Fleet Capacity.--
       (1) In general.--The Under Secretary of Commerce for Oceans 
     and Atmosphere shall acquire adequate aircraft platforms with 
     the necessary observation and modification requirements--
       (A) to meet agency-wide air reconnaissance and research 
     mission requirements, particularly with respect to hurricanes 
     and tropical cyclones, and also for atmospheric chemistry, 
     climate, air quality for public health, full-season fire 
     weather research and operations, full-season atmospheric 
     river air reconnaissance observations, and other mission 
     areas; and
       (B) to ensure data and information collected by the 
     aircraft are made available to all users for research and 
     operations purposes.
       (2) Contracts.--In carrying out paragraph (1), the Under 
     Secretary shall negotiate and enter into 1 or more contracts 
     or other agreements, to the extent practicable and necessary, 
     with 1 or more governmental, commercial, or nongovernmental 
     entities.
       (3) Derivation of funds.--For each of fiscal years 2023 
     through 2026, amounts to support the implementation of 
     paragraphs (1) and (2) shall be derived--
       (A) from amounts appropriated to the Office of Marine and 
     Aviation Operations of the National Oceanic and Atmospheric 
     Administration and available for the purpose of atmospheric 
     river reconnaissance; and
       (B) if amounts described in subparagraph (A) are 
     insufficient to support the implementation of paragraphs (1) 
     and (2), from amounts appropriated to that Office and 
     available for purposes other than atmospheric river 
     reconnaissance.
       (b) Acquisition of Aircraft to Replace the WP-3D 
     Aircraft.--
       (1) In general.--Not later than September 30, 2023, the 
     Under Secretary shall enter into a contract for the 
     acquisition of 6 aircraft to replace the WP-3D aircraft that 
     provides for--
       (A) the first newly acquired aircraft to be fully 
     operational before the retirement of the last WP-3D aircraft 
     operated by the National Oceanic and Atmospheric 
     Administration; and
       (B) the second newly acquired aircraft to be fully 
     operational not later than 1 year after the first such 
     aircraft is required to be fully operational under 
     subparagraph (A).
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Under Secretary $1,800,000,000, 
     without fiscal year limitation, for the acquisition of the 
     aircraft under paragraph (1).

     SEC. 5710. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the committees specified in 
     subsection (c) a report on staffing issues relating to 
     professional mariners within the Office of Marine and 
     Aviation Operations of the National Oceanic and Atmospheric 
     Administration.
       (b) Elements.--The report required by subsection (a) shall 
     include consideration of--
       (1) the challenges the Office of Marine and Aviation 
     Operations faces in recruiting and retaining qualified 
     professional mariners;
       (2) workforce planning efforts to address those challenges; 
     and
       (3) other models or approaches that exist, or are under 
     consideration, to provide incentives for the retention of 
     qualified professional mariners.
       (c) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Transportation and Infrastructure and 
     the Committee on Natural Resources of the House of 
     Representatives.
       (d) Professional Mariner Defined.--In this section, the 
     term ``professional mariner'' means an individual employed on 
     a vessel of the National Oceanic and Atmospheric 
     Administration who has the necessary expertise to serve in 
     the engineering, deck, steward, or survey department.

                       Subtitle B--Other Matters

     SEC. 5711. CONVEYANCE OF CERTAIN PROPERTY OF THE NATIONAL 
                   OCEANIC AND ATMOSPHERIC ADMINISTRATION IN 
                   JUNEAU, ALASKA.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the City and Borough of 
     Juneau, Alaska.
       (2) Master plan.--The term ``Master Plan'' means the Juneau 
     Small Cruise Ship Infrastructure Master Plan released by the 
     Docks and Harbors Board and Port of Juneau for the City and 
     dated March 2021.
       (3) Property.--The term ``Property'' means the parcel of 
     real property consisting of approximately 2.4 acres, 
     including tidelands, owned by the United States and under 
     administrative custody and control of the National Oceanic 
     and Atmospheric Administration and located at 250 Egan Drive, 
     Juneau, Alaska, including any improvements thereon that are 
     not authorized or required by another provision of law to be 
     conveyed to a specific individual or entity.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Under Secretary of Commerce 
     for Oceans and Atmosphere and the Administrator of the 
     National Oceanic and Atmospheric Administration.
       (b) Conveyance Authorized.--
       (1) In general.--The Secretary may convey, at fair market 
     value, all right, title, and interest of the United States in 
     and to the Property, subject to subsection (c) and the 
     requirements of this section.
       (2) Termination of authority.--The authority provided by 
     paragraph (1) shall terminate on the date that is 3 years 
     after the date of the enactment of this Act.
       (c) Right of First Refusal.--The City shall have the right 
     of first refusal with respect to the purchase, at fair market 
     value, of the Property.
       (d) Survey.--The exact acreage and legal description of the 
     Property shall be determined by a survey satisfactory to the 
     Secretary.
       (e) Condition; Quitclaim Deed.--If the Property is conveyed 
     under this section, the Property shall be conveyed--
       (1) in an ``as is, where is'' condition; and
       (2) via a quitclaim deed.
       (f) Fair Market Value.--
       (1) In general.--The fair market value of the Property 
     shall be--
       (A) determined by an appraisal that--
       (i) is conducted by an independent appraiser selected by 
     the Secretary; and
       (ii) meets the requirements of paragraph (2); and
       (B) adjusted, at the Secretary's discretion, based on the 
     factors described in paragraph (3).
       (2) Appraisal requirements.--An appraisal conducted under 
     paragraph (1)(A) shall be conducted in accordance with 
     nationally recognized appraisal standards, including--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (3) Factors.--The factors described in this paragraph are--
       (A) matters of equity and fairness;
       (B) actions taken by the City regarding the Property, if 
     the City exercises its right of first refusal under 
     subsection (c), including--
       (i) comprehensive waterfront planning, site development, 
     and other redevelopment activities supported by the City in 
     proximity to the Property in furtherance of the Master Plan;
       (ii) in-kind contributions made to facilitate and support 
     use of the Property by governmental agencies; and
       (iii) any maintenance expenses, capital improvement, or 
     emergency expenditures made necessary to ensure public safety 
     and access to and from the Property; and
       (C) such other factors as the Secretary considers 
     appropriate.
       (g) Costs of Conveyance.--If the City exercises its right 
     of first refusal under subsection (c), all reasonable and 
     necessary

[[Page S5990]]

     costs, including real estate transaction and environmental 
     documentation costs, associated with the conveyance of the 
     Property to the City under this section may be shared 
     equitably by the Secretary and the City, as determined by the 
     Secretary, including with the City providing in-kind 
     contributions for any or all of such costs.
       (h) Proceeds.--Notwithstanding section 3302 of title 31, 
     United States Code, or any other provision of law, any 
     proceeds from a conveyance of the Property under this section 
     shall--
       (1) be deposited in an account or accounts of the National 
     Oceanic and Atmospheric Administration that exists as of the 
     date of the enactment of this Act;
       (2) used to cover costs associated with the conveyance, 
     related relocation efforts, and other facility and 
     infrastructure projects in Alaska; and
       (3) remain available until expended, without further 
     appropriation.
       (i) Memorandum of Agreement.--If the City exercises its 
     right of first refusal under subsection (c), before 
     finalizing a conveyance to the City under this section, the 
     Secretary and the City shall enter into a memorandum of 
     agreement to establish the terms under which the Secretary 
     shall have future access to, and use of, the Property to 
     accommodate the reasonable expectations of the Secretary for 
     future operational and logistical needs in southeast Alaska.
       (j) Reservation or Easement for Access and Use.--The 
     conveyance authorized under this section shall be subject to 
     a reservation providing, or an easement granting, the 
     Secretary, at no cost to the United States, a right to access 
     and use the Property that--
       (1) is compatible with the Master Plan; and
       (2) authorizes future operational access and use by other 
     Federal, State, and local government agencies that have 
     customarily used the Property.
       (k) Liability.--
       (1) After conveyance.--An individual or entity to which a 
     conveyance is made under this section shall hold the United 
     States harmless from any liability with respect to activities 
     carried out on or after the date and time of the conveyance 
     of the Property.
       (2) Before conveyance.--The United States shall remain 
     responsible for any liability the United States incurred with 
     respect to activities the United States carried out on the 
     Property before the date and time of the conveyance of the 
     Property.
       (l) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under this section as the Secretary 
     considers appropriate and reasonable to protect the interests 
     of the United States.
       (m) Environmental Compliance.--Nothing in this section may 
     be construed to affect or limit the application of or 
     obligation to comply with any applicable environmental law, 
     including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (2) section 120(h) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(h)).
       (n) Conveyance Not a Major Federal Action.--A conveyance 
     under this section shall not be considered a major Federal 
     action for purposes of section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

     TITLE LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS

     SEC. 5801. TECHNICAL CORRECTION.

       Section 319(b) of title 14, United States Code, is amended 
     by striking ``section 331 of the FAA Modernization and Reform 
     Act of 2012 (49 U.S.C. 40101 note)'' and inserting ``section 
     44801 of title 49''.

     SEC. 5802. REINSTATEMENT.

       (a) Reinstatement.--The text of section 12(a) of the Act of 
     June 21, 1940 (33 U.S.C. 522(a)), popularly known as the 
     ``Truman-Hobbs Act'', is--
       (1) reinstated as it appeared on the day before the date of 
     the enactment of section 8507(b) of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283; 134 Stat. 4754); and
       (2) redesignated as the sole text of section 12 of the Act 
     of June 21, 1940 (33 U.S.C. 522).
       (b) Effective Date.--The provision reinstated by subsection 
     (a) shall be treated as if such section 8507(b) had never 
     taken effect.
       (c) Conforming Amendment.--The provision reinstated under 
     subsection (a) is amended by striking ``, except to the 
     extent provided in this section''.

     SEC. 5803. TERMS AND VACANCIES.

       Section 46101(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2)--
       (A) by striking ``one year'' and inserting ``2 years''; and
       (B) by striking ``2 terms'' and inserting ``3 terms''; and
       (2) in paragraph (3)--
       (A) by striking ``of the individual being succeeded'' and 
     inserting ``to which such individual is appointed'';
       (B) by striking ``2 terms'' and inserting ``3 terms''; and
       (C) by striking ``the predecessor of that'' and inserting 
     ``such''.

                    TITLE LIX--RULE OF CONSTRUCTION

     SEC. 5901. RULE OF CONSTRUCTION.

       Nothing in this divisions may be construed--
       (1) to satisfy any requirement for government-to-government 
     consultation with Tribal governments; or
       (2) to affect or modify any treaty or other right of any 
     Tribal government.
                                 ______
                                 
  SA 6436. Ms. CANTWELL (for herself 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, add the following:

                   DIVISION E--OCEANS AND ATMOSPHERE

     SEC. 5001. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

Sec. 5001. Table of contents.

                   TITLE LI--CORAL REEF CONSERVATION

Sec. 5101. Short title.

   Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000

Sec. 5111. Reauthorization of Coral Reef Conservation Act of 2000.

            Subtitle B--United States Coral Reef Task Force

Sec. 5121. Establishment.
Sec. 5122. Duties.
Sec. 5123. Membership.
Sec. 5124. Responsibilities of Federal agency members.
Sec. 5125. Working groups.
Sec. 5126. Definitions.

     Subtitle C--Department of the Interior Coral Reef Authorities

Sec. 5131. Coral reef conservation and restoration assistance.

Subtitle D--Susan L. Williams National Coral Reef Management Fellowship

Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Establishment of fellowship program.
Sec. 5144. Fellowship awards.
Sec. 5145. Matching requirement.

 TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE 
                GREAT LAKES, OCEANS, BAYS, AND ESTUARIES

Sec. 5201. Short title.
Sec. 5202. Purpose.
Sec. 5203. Sense of Congress.
Sec. 5204. Definitions.
Sec. 5205. Workforce study.
Sec. 5206. Accelerating innovation at Cooperative Institutes.
Sec. 5208. Blue Economy valuation.
Sec. 5210. No additional funds authorized.
Sec. 5211. No additional funds authorized.

                TITLE LIII--REGIONAL OCEAN PARTNERSHIPS

Sec. 5301. Short title.
Sec. 5302. Findings; sense of Congress; purposes.
Sec. 5303. Regional Ocean Partnerships.

                 TITLE LIV--NATIONAL OCEAN EXPLORATION

Sec. 5401. Short title.
Sec. 5402. Findings.
Sec. 5403. Definitions.
Sec. 5404. Ocean Policy Committee.
Sec. 5405. National Ocean Mapping, Exploration, and Characterization 
              Council.
Sec. 5406. Modifications to the ocean exploration program of the 
              National Oceanic and Atmospheric Administration.
Sec. 5407. Repeal.
Sec. 5408. Modifications to ocean and coastal mapping program of the 
              National Oceanic and Atmospheric Administration.
Sec. 5409. Modifications to Hydrographic Services Improvement Act of 
              1998.

             TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE

Sec. 5501. Short title.
Sec. 5502. Data collection and dissemination.
Sec. 5503. Stranding or entanglement response agreements.
Sec. 5504. Unusual mortality event activity funding.
Sec. 5505. Liability.
Sec. 5506. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 5507. Marine Mammal Rescue and Response Grant Program and Rapid 
              Response Fund.
Sec. 5508. Health MAP.
Sec. 5509. Reports to Congress.
Sec. 5510. Authorization of appropriations.
Sec. 5511. Definitions.
Sec. 5512. Study on marine mammal mortality.

                   TITLE LVI--VOLCANIC ASH AND FUMES

Sec. 5601. Short title.
Sec. 5602. Modifications to National Volcano Early Warning and 
              Monitoring System.

           TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS

Sec. 5701. Short title.
Sec. 5702. Definitions.
Sec. 5703. Establishment of fire weather services program.

[[Page S5991]]

Sec. 5704. National Oceanic and Atmospheric Administration data 
              management.
Sec. 5705. Digital fire weather services and data management.
Sec. 5706. High-performance computing.
Sec. 5707. Government Accountability Office report on fire weather 
              services program.
Sec. 5708. Fire weather testbed.
Sec. 5709. Fire weather surveys and assessments.
Sec. 5710. Incident Meteorologist Service.
Sec. 5711. Automated surface observing system.
Sec. 5712. Emergency response activities.
Sec. 5713. Government Accountability Office report on interagency 
              wildfire forecasting, prevention, planning, and 
              management bodies.
Sec. 5714. Amendments to Infrastructure Investment and Jobs Act 
              relating to wildfire mitigation.
Sec. 5715. Wildfire technology modernization amendments.
Sec. 5716. Cooperation; coordination; support to non-Federal entities.
Sec. 5717. International coordination.
Sec. 5718. Submissions to Congress regarding the fire weather services 
              program, incident meteorologist workforce needs, and 
              National Weather Service workforce support.
Sec. 5719. Government Accountability Office report; Fire Science and 
              Technology Working Group; strategic plan.
Sec. 5720. Fire weather rating system.
Sec. 5721. Avoidance of duplication.
Sec. 5722. Authorization of appropriations.

 TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS

Sec. 5801. Short title.
Sec. 5802. Definitions.
Sec. 5803. Purposes.
Sec. 5804. Plan and implementation of plan to make certain models and 
              data available to the public.
Sec. 5805. Requirement to review models and leverage innovations.
Sec. 5806. Report on implementation.
Sec. 5807. Protection of national security interests.
Sec. 5808. Authorization of appropriations.

                   TITLE LI--CORAL REEF CONSERVATION

     SEC. 5101. SHORT TITLE.

       This title may be cited as the ``Restoring Resilient Reefs 
     Act of 2022''.

   Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000

     SEC. 5111. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 
                   2000.

       (a) In General.--The Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6401 et seq.) is amended--
       (1) by redesignating sections 209 and 210 as sections 217 
     and 218, respectively;
       (2) by striking sections 202 through 208 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 and non-Federal 
     stakeholders 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, and community-
     based coral reef management by covered States and covered 
     Native entities, 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, complement, and 
     strengthen community-based management programs and 
     conservation and restoration projects of non-Federal reefs;
       ``(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 exigent circumstances that pose 
     immediate and long-term threats to coral reefs, such as coral 
     disease, invasive or nuisance species, coral bleaching, 
     natural disasters, and industrial or mechanical disasters, 
     such as vessel groundings, hazardous spills, or coastal 
     construction accidents; and
       ``(8) to serve as a model for advancing similar 
     international efforts to monitor, conserve, and restore coral 
     reef ecosystems.

     ``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 204; and
       ``(3) coral reef action plans in effect under section 205, 
     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 in situ and remotely sensed 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, 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, 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;
       ``(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 through navigational aids and expansion 
     of reef-safe anchorages and mooring buoy systems, to enhance 
     recreational access while preventing or minimizing the 
     likelihood of vessel impacts or other physical damage to 
     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; and
       ``(10) centrally archiving, managing, and distributing data 
     sets and coral reef ecosystem assessments and publishing such 
     information on publicly available internet websites, by means 
     such as leveraging and partnering with existing data 
     repositories, 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.

     ``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.

       ``(a) In General.--The Administrator shall--
       ``(1) not later than 2 years after the date of the 
     enactment of the Restoring Resilient Reefs Act of 2022, 
     develop a national coral reef resilience strategy; and
       ``(2) periodically thereafter, but not less frequently than 
     once every 15 years (and not less frequently than once every 
     5 years, in the case of guidance on best practices under 
     subsection (b)(4)), review and revise the strategy as 
     appropriate.
       ``(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 reef managers and covered reef managers;
       ``(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;

[[Page S5992]]

       ``(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 and solutions; 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, 
     covered reef managers;
       ``(G) science-based adaptive management and restoration 
     efforts; and
       ``(H) management of coral reef emergencies and disasters.
       ``(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 cooperative agreements under 
     section 208; and
       ``(C) research priorities for the reef research 
     coordination institutes designated under section 214.
       ``(3) A designation of priority areas for conservation, and 
     priority areas for restoration, to support the review and 
     approval of grants under section 213(e).
       ``(4) General templates for use by covered reef managers 
     and Federal reef managers to guide the development of coral 
     reef action plans under section 205, including guidance on 
     the best science-based practices to respond to coral reef 
     emergencies that can be included in coral reef action plans.
       ``(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 covered Native entities;
       ``(2) engage stakeholders, including covered States, coral 
     reef stewardship partnerships, reef research coordination 
     institutes and research centers designated under section 214, 
     and recipients of grants under section 213; 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.

     ``SEC. 205. CORAL REEF ACTION PLANS.

       ``(a) Plans Prepared by Federal Reef Managers.--
       ``(1) In general.--Not later than 3 years after the date of 
     the enactment of the Restoring Resilient Reefs Act of 2022, 
     each Federal reef manager shall--
       ``(A) prepare a coral reef action plan to guide management 
     and restoration activities to be undertaken within the 
     responsibilities and jurisdiction of the manager; or
       ``(B) in the case of a reef under the jurisdiction of a 
     Federal reef manager for which there is a management plan in 
     effect as of such date of enactment, update that plan to 
     comply with the requirements of this subsection.
       ``(2) Elements.--A plan prepared under paragraph (1) by a 
     Federal reef manager shall include a discussion of the 
     following:
       ``(A) Short- and mid-term coral reef conservation and 
     restoration objectives within the jurisdiction of the 
     manager.
       ``(B) A current adaptive management framework to inform 
     research, monitoring, and assessment needs.
       ``(C) Tools, strategies, and partnerships necessary to 
     identify, monitor, and address pollution and water quality 
     impacts to coral reef ecosystems within the jurisdiction of 
     the manager.
       ``(D) The status of efforts to improve coral reef ecosystem 
     management cooperation and integration between Federal reef 
     managers and covered reef managers, including the 
     identification of existing research and monitoring activities 
     that can be leveraged for coral reef status and trends 
     assessments within the jurisdiction of the manager.
       ``(E) Estimated budgetary and resource considerations 
     necessary to carry out the plan.
       ``(F) Contingencies for response to and recovery from 
     emergencies and disasters.
       ``(G) In the case of an updated plan, annual records of 
     significant management and restoration actions taken under 
     the previous plan, cash and non-cash resources used to 
     undertake the actions, and the source of such resources.
       ``(H) Documentation by the Federal reef manager that the 
     plan is consistent with the national coral reef resilience 
     strategy in effect under section 204.
       ``(I) A data management plan to ensure data, assessments, 
     and accompanying information are appropriately preserved, 
     curated, publicly accessible, and broadly reusable.
       ``(3) Submission to task force.--Each Federal reef manager 
     shall submit a plan prepared under paragraph (1) to the Task 
     Force.
       ``(4) Application of administrative procedure act.--Each 
     plan prepared under paragraph (1) shall be subject to the 
     requirements of subchapter II of chapter 5, and chapter 7, of 
     title 5, United States Code (commonly known as the 
     `Administrative Procedure Act').
       ``(b) Plans Prepared by Covered Reef Managers.--
       ``(1) In general.--A covered reef manager may elect to 
     prepare, submit to the Task Force, and maintain a coral reef 
     action plan to guide management and restoration activities to 
     be undertaken within the responsibilities and jurisdiction of 
     the manager.
       ``(2) Effective period.--A plan prepared under this 
     subsection shall remain in effect for 5 years, or until an 
     updated plan is submitted to the Task Force, whichever occurs 
     first.
       ``(3) Elements.--A plan prepared under paragraph (1) by a 
     covered reef manager--
       ``(A) shall contain a discussion of--
       ``(i) short- and mid-term coral reef conservation and 
     restoration objectives within the jurisdiction of the 
     manager;
       ``(ii) estimated budgetary and resource considerations 
     necessary to carry out the plan;
       ``(iii) in the case of an updated plan, annual records of 
     significant management and restoration actions taken under 
     the previous plan, cash and non-cash resources used to 
     undertake the actions, and the source of such resources; and
       ``(iv) contingencies for response to and recovery from 
     emergencies and disasters; and
       ``(B) may contain a discussion of--
       ``(i) the status of efforts to improve coral reef ecosystem 
     management cooperation and integration between Federal reef 
     managers and covered reef managers, including the 
     identification of existing research and monitoring activities 
     that can be leveraged for coral reef status and trends 
     assessments within the jurisdiction of the manager;
       ``(ii) a current adaptive management framework to inform 
     research, monitoring, and assessment needs;
       ``(iii) tools, strategies, and partnerships necessary to 
     identify, monitor, and address pollution and water quality 
     impacts to coral reef ecosystems within the jurisdiction of 
     the manager; and
       ``(iv) a data management plan to ensure data, assessments, 
     and accompanying information are appropriately preserved, 
     curated, publicly accessible, and broadly reusable..
       ``(c) Technical Assistance.--The Administrator and the Task 
     Force shall make all reasonable efforts to provide technical 
     assistance upon request by a Federal reef manager or covered 
     reef manager developing a coral reef action plan under this 
     section.
       ``(d) 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.

     ``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.

       ``(a) In General.--To further the community-based 
     stewardship of coral reefs, coral reef stewardship 
     partnerships for Federal and non-Federal coral reefs may be 
     established in accordance with this section.
       ``(b) Standards and Procedures.--The Administrator shall 
     develop and adopt--
       ``(1) standards for identifying individual coral reefs and 
     ecologically significant units of coral reefs; and
       ``(2) processes for adjudicating multiple applicants for 
     stewardship of the same coral reef or ecologically 
     significant unit of a reef to ensure no geographic overlap in 
     representation among stewardship partnerships authorized by 
     this section.
       ``(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 unit 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 chairperson of the coral reef stewardship 
     partnership.
       ``(2) A State or county's resource management agency.
       ``(3) A coral reef research center designated under section 
     214(b).
       ``(4) A nongovernmental organization.
       ``(5) Such other members as the partnership considers 
     appropriate, such as interested stakeholder groups and 
     covered Native entities.
       ``(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

[[Page S5993]]

     in section 203(c) shall, at a minimum, include the following:
       ``(A) A State or county's resource management agency or a 
     covered Native entity, a representative of which shall serve 
     as the chairperson of the coral reef stewardship partnership.
       ``(B) A coral reef research center designated under section 
     214(b).
       ``(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.
       ``(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 chairperson of the partnership referred to in 
     paragraph (1)(A); and
       ``(ii) the chairperson 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 under this 
     section.

     ``SEC. 207. BLOCK GRANTS.

       ``(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 in accordance with this section. The 
     Administrator shall review each covered State's application 
     for block grant funding to ensure that applications are 
     consistent with applicable action plans and the national 
     coral reef resilience strategy in effect under section 204.
       ``(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 for certain fiscal years.--The Administrator 
     may waive the requirement under paragraph (1) during fiscal 
     years 2023 and 2024.
       ``(c) Funding Formula.--Subject to the availability of 
     appropriations, 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, as reported 
     within the previous fiscal year; and
       ``(B) an additional amount, from any funds appropriated for 
     block grants under this section that remain after 
     distribution under subparagraph (A) and paragraph (1), 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 
     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).

     ``SEC. 208. COOPERATIVE AGREEMENTS.

       ``(a) In General.--The Administrator shall seek to enter 
     into cooperative agreements with covered States to fund coral 
     reef conservation and restoration activities in waters 
     managed under the jurisdiction of those covered States that 
     are consistent with the national coral reef resilience 
     strategy in effect under section 204 and any applicable 
     action plans under section 205.
       ``(b) All Islands Committee.--The Administrator may enter 
     into a cooperative agreement with the All Islands Committee 
     of the Task Force to provide support for its activities.
       ``(c) Funding.--Cooperative agreements under subsection (a) 
     shall provide not less than $500,000 to each covered State 
     and are not subject to any matching requirement.

     ``SEC. 209. CORAL REEF STEWARDSHIP FUND.

       ``(a) Agreement.--The Administrator shall seek to 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.--
       ``(1) In general.--The Foundation shall establish an 
     account, which shall--
       ``(A) be known as the `Coral Reef Stewardship Fund' (in 
     this section referred to as the `Fund'); and
       ``(B) serve as the successor to the account known before 
     the date of the enactment of the Restoring Resilient Reefs 
     Act of 2022 as the Coral Reef Conservation Fund and 
     administered through a public-private partnership with the 
     Foundation.
       ``(2) Deposits.--The Foundation shall deposit funds 
     received under this section into the Fund.
       ``(3) Purposes.--The Fund shall be available solely to 
     support coral reef stewardship activities that--
       ``(A) further the purposes of this title; and
       ``(B) are consistent with--
       ``(i) the national coral reef resilience strategy in effect 
     under section 204; and
       ``(ii) 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.
       ``(4) Investment of amounts.--
       ``(A) Investment of amounts.--The Foundation shall invest 
     such portion of the Fund as is not required to meet current 
     withdrawals in interest-bearing obligations of the United 
     States or in obligations guaranteed as to both principal and 
     interest by the United States.
       ``(B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       ``(5) 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--
       ``(A) this section; and
       ``(B) the national coral reef resilience strategy in effect 
     under section 204.
       ``(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.
       ``(d) Administration.--Under an agreement entered into 
     pursuant to subsection (a), and subject to the availability 
     of appropriations, 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 covered Native entities.

     ``SEC. 210. EMERGENCY ASSISTANCE.

       ``(a) In General.--Notwithstanding any other provision of 
     law, from funds appropriated pursuant to the authorization of 
     appropriations under section 217, the Administrator may 
     provide emergency assistance to any covered State or coral 
     reef stewardship partnership to respond to immediate harm to 
     coral reefs or coral reef ecosystems arising from any of the 
     exigent circumstances described in subsection (b).
       ``(b) Coral Reef Exigent Circumstances.--The Administrator 
     shall develop a list of, and criteria for, circumstances that 
     pose an exigent threat to coral reefs, 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) industrial or mechanical incidents, such as vessel 
     groundings, hazardous spills, or coastal construction 
     accidents; and
       ``(6) other circumstances that pose an urgent threat to 
     coral reefs.
       ``(c) Annual Report on Exigent Circumstances.--On February 
     1 of each year, the Administrator 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 report 
     that--
       ``(1) describes locations with exigent circumstances 
     described in subsection (b) that were considered but declined 
     for emergency assistance, and the rationale for the decision; 
     and
       ``(2) with respect to each instance in which emergency 
     assistance under this section was provided--
       ``(A) the location and a description of the exigent 
     circumstances that prompted the emergency assistance, the 
     entity that received the assistance, and the current and 
     expected outcomes from the assistance;

[[Page S5994]]

       ``(B) a description of activities of the National Oceanic 
     and Atmospheric Administration that were curtailed as a 
     result of providing the emergency assistance;
       ``(C) in the case of an incident described in subsection 
     (b)(5), a statement of whether legal action was commenced 
     under subsection (c), and the rationale for the decision; and
       ``(D) an assessment of whether further action is needed to 
     restore the affected coral reef, recommendations for such 
     restoration, and a cost estimate to implement such 
     recommendations.

     ``SEC. 211. CORAL REEF DISASTER FUND.

       ``(a) Agreements.--The Administrator shall seek to 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.--
       ``(1) In general.--The Foundation shall establish an 
     account, to be known as the `Coral Reef Disaster Fund' (in 
     this section referred to as the `Fund').
       ``(2) Deposits.--The Foundation shall deposit funds 
     received under this section into the Fund.
       ``(3) Purposes.--The Fund shall be available solely to 
     support the long-term recovery of coral reefs from exigent 
     circumstances described in section 210--
       ``(A) in partnership with non-Federal stakeholders; and
       ``(B) in a manner that is consistent with--
       ``(i) the national coral reef resilience strategy in effect 
     under section 204; and
       ``(ii) coral reef action plans in effect, if any, under 
     section 205.
       ``(4) Investment of amounts.--
       ``(A) Investment of amounts.--The Foundation shall invest 
     such portion of the Fund as is not required to meet current 
     withdrawals in interest-bearing obligations of the United 
     States or in obligations guaranteed as to both principal and 
     interest by the United States.
       ``(B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       ``(5) Review of performance.--The Administrator shall 
     conduct continuing reviews of all deposits into, and 
     disbursements from, the Fund. Each such review shall include 
     a written assessment concerning the extent to which the 
     Foundation has implemented the goals and requirements of this 
     section.
       ``(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.
       ``(d) Administration.--Under an agreement entered into 
     under subsection (a), and subject to the availability of 
     appropriations, 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 covered Native entities.

     ``SEC. 212. VESSEL GROUNDING INVENTORY.

       ``The Administrator, in coordination with the Commandant of 
     the Coast Guard, the Administrator of the Maritime 
     Administration, and the heads of other Federal and State 
     agencies as appropriate, shall establish and maintain an 
     inventory of all vessel grounding incidents involving United 
     States coral reefs, including a description of--
       ``(1) the location of each such incident;
       ``(2) vessel and ownership information relating to each 
     such incident, if available;
       ``(3) the impacts of each such incident to coral reefs, 
     coral reef ecosystems, and related natural resources;
       ``(4) the estimated cost of removal of the vessel, 
     remediation, or restoration arising from each such incident;
       ``(5) any response actions taken by the owner of the 
     vessel, the Administrator, the Commandant, or representatives 
     of other Federal or State agencies;
       ``(6) the status of such response actions, including--
       ``(A) when the grounded vessel was removed, the costs of 
     removal, and the how the removal was resourced;
       ``(B) a narrative and timeline of remediation or 
     restoration activities undertaken by a Federal agency or 
     agencies;
       ``(C) any emergency or disaster assistance provided under 
     section 210 or 211;
       ``(D) any actions taken to prevent future grounding 
     incidents; and
       ``(7) recommendations for additional navigational aids or 
     other mechanisms for preventing future grounding incidents.

     ``SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT 
                   PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, 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) Matching Requirements for Grants.--
       ``(1) In general.--Except as provided in paragraph (3), 
     Federal funds for any coral reef project for which a grant is 
     provided under subsection (a) may not exceed 50 percent of 
     the total cost of the project.
       ``(2) Non-federal share.--The non-Federal share of the cost 
     of a coral reef project may be provided by in-kind 
     contributions and other noncash support.
       ``(3) Waiver.--The Administrator may waive all or part of 
     the matching requirement under paragraph (1) if the 
     Administrator determines that no reasonable means are 
     available through which an applicant can meet the matching 
     requirement with respect to a coral reef project and the 
     probable benefit of the project outweighs the public interest 
     in the matching requirement.
       ``(c) 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 covered reef manager or a covered Native entity--
       ``(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 
     214(b); 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.
       ``(d) 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.
       ``(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 (f)(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.
       ``(e) 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 (f).
       ``(2) Prioritization of conservation projects.--The 
     Administrator shall prioritize the awarding of funding for 
     projects that meet the criteria for approval under 
     subparagraphs (A) through (G) of subsection (f)(2) that are 
     proposed to be conducted within priority areas identified for 
     coral reef conservation by the Administrator under the 
     national coral reef resilience strategy in effect under 
     section 204.
       ``(3) Prioritization of restoration projects.--The 
     Administrator shall prioritize the awarding of funding for 
     projects that meet the criteria for approval under 
     subparagraphs (E) through (L) of subsection (f)(2) that are 
     proposed to be conducted within priority areas identified for 
     coral reef restoration by the Administrator under the 
     national coral reef resilience strategy in effect under 
     section 204.
       ``(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, covered Native 
     entity, 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

[[Page S5995]]

     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, covered 
     Native entity, and other government jurisdictions that 
     provided comments under subparagraph (A).
       ``(f) 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 204; and
       ``(B) any Federal or non-Federal coral reef action plans in 
     effect under section 205 covering a coral reef or 
     ecologically significant unit 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;
       ``(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 
     conserve 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; or
       ``(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.
       ``(g) 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.
       ``(3) Not more than 67 percent of funds distributed in each 
     region in accordance with paragraphs (1) and (2) shall be 
     made exclusively available to projects that are--
       ``(A) submitted by a coral reef stewardship partnership; 
     and
       ``(B) consistent with the coral reef action plan in effect 
     under section 205 by such a partnership.
       ``(4) Of the funds distributed to support projects in 
     accordance with paragraph (3), not less than 20 percent and 
     not more than 33 percent shall be awarded for projects 
     submitted by a Federal coral reef stewardship partnership.
       ``(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. NON-FEDERAL CORAL REEF RESEARCH.

       ``(a) Reef Research Coordination Institutes.--
       ``(1) Establishment.--The Administrator shall designate 2 
     reef research coordination institutes for the purpose of 
     advancing and sustaining essential capabilities in coral reef 
     research, one each in the Atlantic and Pacific basins, to be 
     known as the `Atlantic Reef Research Coordination Institute' 
     and the `Pacific Reef Research Coordination Institute', 
     respectively.
       ``(2) Membership.--Each institute designated under 
     paragraph (1) shall be housed within a single coral reef 
     research center designated by the Administrator under 
     subsection (b) and may enter into contracts with other coral 
     reef research centers designated under subsection (b) within 
     the same basin to support the institute's capacity and reach.
       ``(3) Functions.--The institutes designated under paragraph 
     (1) shall--
       ``(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 204;
       ``(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 subsection (b);
       ``(ii) assist in the development and implementation of--

       ``(I) the national coral reef resilience strategy under 
     section 204; and
       ``(II) coral reef action plans under section 205;

       ``(iii) build capacity within non-Federal 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.

       ``(b) Coral Reef Research Centers.--
       ``(1) In general.--The Administrator shall--
       ``(A) periodically solicit applications for designation of 
     qualifying institutions in covered States as coral reef 
     research centers; and
       ``(B) designate all qualifying institutions in covered 
     States as coral reef research centers.
       ``(2) Qualifying institutions.--For purposes of paragraph 
     (1), an institution is a qualifying institution if the 
     Administrator determines that the institution--
       ``(A) is operated by an institution of higher education or 
     nonprofit marine research organization;
       ``(B) has established management-driven national or 
     regional coral reef research or restoration programs;
       ``(C) has demonstrated abilities to coordinate closely with 
     appropriate Federal and State agencies, as well as other 
     academic and nonprofit organizations; and
       ``(D) maintains significant local community engagement and 
     outreach programs related to coral reef ecosystems.

     ``SEC. 215. REPORTS ON ADMINISTRATION.

       ``Not later than 3 years after the date of the enactment of 
     the Restoring Resilient Reefs Act of 2022, and every 2 years 
     thereafter, the Administrator 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 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 204;
       ``(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.

     ``SEC. 216. CORAL REEF PRIZE COMPETITIONS.

       ``(a) In General.--The head of any Federal agency with a 
     representative serving on the United States Coral Reef Task 
     Force established by Executive Order 13089 (16 U.S.C.

[[Page S5996]]

     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, including ocean acidification, temperature-
     related bleaching, disease, and their associated impacts on 
     coral physiology;
       ``(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.'';
       (3) in section 217, as redesignated by paragraph (1)--
       (A) in subsection (c), by striking ``section 204'' and 
     inserting ``section 213'';
       (B) in subsection (d), by striking ``under section 207'' 
     and inserting ``authorized under this title''; and
       (C) by adding at the end the following:
       ``(e) Block Grants.--There is authorized to be appropriated 
     to the Administrator $10,000,000 for each of fiscal years 
     2023 through 2027 to carry out section 207.
       ``(f) Cooperative Agreements.--There is authorized to be 
     appropriated to the Administrator $10,000,000 for each of 
     fiscal years 2023 through 2027 to carry out section 208.
       ``(g) Non-Federal Coral Reef Research.--There is authorized 
     to be appropriated to the Administrator $4,500,000 for each 
     of fiscal years 2023 through 2027 for agreements with the 
     reef research coordination institutes designated under 
     section 214.''; and
       (4) by amending section 218, as redesignated by paragraph 
     (1), to read as follows:

     ``SEC. 218. DEFINITIONS.

       ``In this title:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Alaska native corporation.--The term `Alaska Native 
     Corporation' has the meaning given the term `Native 
     Corporation' in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602).
       ``(3) 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.
       ``(4) Conservation.--The term `conservation' means the use 
     of methods and procedures necessary to preserve or sustain 
     native 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.
       ``(5) 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.
       ``(6) 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 (5).
       ``(7) 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.
       ``(8) 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 
     control or affect coral calcification rates, tissue growth, 
     reproduction, recruitment, abundance, coral-algal symbiosis, 
     and biodiversity in such habitat.
       ``(9) Covered native entity.--The term `covered Native 
     entity' means a Native entity of a covered State with 
     interests in a coral reef ecosystem.
       ``(10) Covered reef manager.--The term `covered reef 
     manager' means--
       ``(A) a management unit of a covered State with 
     jurisdiction over a coral reef ecosystem;
       ``(B) a covered State; or
       ``(C) a coral reef stewardship partnership under section 
     206(d).
       ``(11) 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.
       ``(12) Federal reef manager.--
       ``(A) In general.--The term `Federal reef manager' means--
       ``(i) a management unit of a Federal agency specified in 
     subparagraph (B) with lead management jurisdiction over a 
     coral reef ecosystem; or
       ``(ii) a coral reef stewardship partnership under section 
     206(c).
       ``(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.
       ``(13) 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).
       ``(14) Interested stakeholder groups.--The term `interested 
     stakeholder groups' includes community members such as 
     businesses, commercial and recreational fishermen, other 
     recreationalists, covered Native entities, Federal, State, 
     and local government units with related jurisdiction, 
     institutions of higher education, and nongovernmental 
     organizations.
       ``(15) Native entity.--The term `Native entity' means any 
     of the following:
       ``(A) An Indian Tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304)).
       ``(B) An Alaska Native Corporation.
       ``(C) The Department of Hawaiian Home Lands.
       ``(D) The Office of Hawaiian Affairs.
       ``(E) A Native Hawaiian organization (as defined in section 
     6207 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7517)).
       ``(16) Nonprofit organization.--The term `nonprofit 
     organization' means any corporation, trust, association, 
     cooperative, or other organization, not including an 
     institutions of higher education, that--
       ``(A) is operated primarily for scientific, educational, 
     service, charitable, or similar purposes in the public 
     interest;
       ``(B) is not organized primarily for profit; and
       ``(C) uses net proceeds to maintain, improve, or expand the 
     operations of the organization.
       ``(17) 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.
       ``(18) 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 ecosystem services, as determined by clearly 
     identifiable, measurable, and science-based standards.
       ``(19) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(20) 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 or possession of the United 
     States or separate sovereign in free association with the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(21) Stewardship.--The term `stewardship', with respect 
     to a coral reef, includes conservation, restoration, and 
     public outreach and education.
       ``(22) Task force.--The term `Task Force' means the United 
     States Coral Reef Task Force established under section 201 of 
     the Restoring Resilient Reefs Act of 2022.''.

[[Page S5997]]

       (b) 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''.

            Subtitle B--United States Coral Reef Task Force

     SEC. 5121. 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. 5122. DUTIES.

       The duties of the Task Force shall be--
       (1) to coordinate, in cooperation with covered States, 
     covered Native entities, Federal reef managers, covered reef 
     managers, coral reef research centers designated under 
     section 214(b) of the Coral Reef Conservation Act of 2000 (as 
     amended by section 5111), 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 13089 (63 Fed. Reg. 32701; relating to 
     coral reef protection); and
       (B) the national coral reef resilience strategy developed 
     under section 204 of the Coral Reef Conservation Act of 2000, 
     as amended by section 5111;
       (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 204 of the Coral Reef Conservation Act of 2000, as 
     amended by section 5111; and
       (B) coral reef action plans under section 205 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. 5123. 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-chairpersons 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 Administrator of the National Aeronautics and 
     Space Administration.
       (13) The Director of the National Science Foundation.
       (14) 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 of the South Atlantic Fishery Management 
     Council who is designated by the Governor of Florida under 
     section 302(b)(1) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852(b)(1)).
       (2) A member of the Gulf of Mexico Fishery Management 
     Council who is designated by the Governor of Florida under 
     such section.
       (3) A member of the Western Pacific Fishery Management 
     Council who is designated under such section and selected as 
     follows:
       (A) For the period beginning on the date of the enactment 
     of this Act and ending on December 31 of the calendar year 
     during which such date of enactment occurs, the member shall 
     be selected jointly by the governors of Hawaii, American 
     Samoa, Guam, and the Commonwealth of the Northern Mariana 
     Islands.
       (B) For each calendar year thereafter, the governors of 
     Hawaii, American Samoa, Guam, and the Commonwealth of the 
     Northern Mariana Islands shall, on a rotating basis, take 
     turns selecting the member.
       (4) A member of the Caribbean Fishery Management Council 
     who is designated under such section and selected as follows:
       (A) For the period beginning on the date of the enactment 
     of this Act and ending on December 31 of the calendar year 
     during which such date of enactment occurs, the member shall 
     be selected jointly by the governors of Puerto Rico and the 
     United States Virgin Islands.
       (B) For each calendar year thereafter, the governors of 
     Puerto Rico and the United States Virgin Islands shall, on an 
     alternating basis, take turns selecting the member.
       (5) A member appointed by the President of the Federated 
     States of Micronesia.
       (6) A member appointed by the President of the Republic of 
     the Marshall Islands.
       (7) A member appointed by the President of the Republic of 
     Palau.

     SEC. 5124. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.

       (a) In General.--A member of the Task Force specified in 
     paragraphs (1) through (14) of section 5123(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-chairpersons.--In addition to their responsibilities 
     under subsection (a), the co-chairpersons 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 (14) of 
     section 5123(a).

     SEC. 5125. WORKING GROUPS.

       (a) In General.--The co-chairpersons 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-chairpersons establish a working 
     group under subsection (a).
       (c) Participation by Nongovernmental Organizations.--The 
     co-chairpersons 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. 5126. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate; and
       (B) the Committee on Natural Resources and the Committee on 
     Agriculture of the House of Representatives.
       (2) Conservation, coral, coral reef, etc.--The terms 
     ``conservation'', ``coral'', ``coral reef'', ``coral reef 
     ecosystem'', ``covered Native entity'', ``covered reef 
     manager'', ``covered State'', ``Federal reef manager'', 
     ``Native entity'', ``restoration'', ``resilience'', and 
     ``State'' have the meanings given those terms in section 218 
     of the Coral Reef Conservation Act of 2000, as amended by 
     section 5111.

     Subtitle C--Department of the Interior Coral Reef Authorities

     SEC. 5131. CORAL REEF CONSERVATION AND RESTORATION 
                   ASSISTANCE.

       (a) In General.--The Secretary of the Interior may provide 
     scientific expertise and technical assistance, and subject to 
     the availability of appropriations, 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 204 of the Coral Reef Conservation Act of 2000, 
     as amended by section 5111; and
       (2) coral reef action plans in effect under section 205 of 
     that Act, as applicable.
       (b) Coral Reef Initiative.--The Secretary may establish a 
     Coral Reef Initiative Program--
       (1) to provide grant funding to support local management, 
     conservation, and protection of coral reef ecosystems in--
       (A) coastal areas of covered States; and
       (B) Freely Associated States;
       (2) to enhance resource availability of National Park 
     Service and National Wildlife Refuge System management units 
     to implement coral reef conservation and restoration 
     activities;
       (3) to complement the other conservation and assistance 
     activities conducted under this Act or the Coral Reef 
     Conservation Act of 2000, as amended by section 5111; and

[[Page S5998]]

       (4) to provide other technical, scientific, and financial 
     assistance and conduct conservation and restoration 
     activities that advance the purposes of this title and the 
     Coral Reef Conservation Act of 2000, as amended by section 
     5111.
       (c) Consultation With the Department of Commerce.--
       (1) Coral reef conservation and restoration activities.--
     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 section 
     5111.
       (2) Award of coral reef management fellowship.--The 
     Secretary of the Interior shall consult with the Secretary of 
     Commerce to award the Susan L. Williams Coral Reef Management 
     Fellowship under subtitle D.
       (d) Cooperative Agreements.--Subject to the availability of 
     appropriations, 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 204 of the Coral Reef 
     Conservation Act of 2000, as amended by section 5111; and
       (2) support and enhance the success of coral reef action 
     plans in effect under section 205 of that Act.
       (e) Definitions.--In this section:
       (1) Conservation, coral, coral reef, etc.--The terms 
     ``conservation'', ``coral reef'', ``covered reef manager'', 
     ``covered State'', ``restoration'', and ``State'' have the 
     meanings given those terms in section 218 of the Coral Reef 
     Conservation Act of 2000, as amended by section 5111.
       (2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal'' 
     refer to Indian Tribes (as defined in section 102 of the 
     Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
     5130)).

Subtitle D--Susan L. Williams National Coral Reef Management Fellowship

     SEC. 5141. SHORT TITLE.

       This subtitle may be cited as the ``Susan L. Williams 
     National Coral Reef Management Fellowship Act of 2022''.

     SEC. 5142. DEFINITIONS.

       In this subtitle:
       (1) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the meaning given the term ``Native 
     Corporation'' in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602).
       (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 5143.
       (4) Covered native entity.--The term ``covered Native 
     entity'' means a Native entity of a covered State with 
     interests in a coral reef ecosystem.
       (5) 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.
       (6) Native entity.--The term ``Native entity'' means any of 
     the following:
       (A) An Indian Tribe (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304)).
       (B) An Alaska Native Corporation.
       (C) The Department of Hawaiian Home Lands.
       (D) The Office of Hawaiian Affairs.
       (E) A Native Hawaiian organization (as defined in section 
     6207 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7517)).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 5143. 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 covered States or 
     covered Native entities with highly qualified candidates 
     whose education and work experience meet the specific needs 
     of each covered State or covered Native entity; and
       (3) to provide fellows with professional experience in 
     management of coastal and coral reef resources.

     SEC. 5144. FELLOWSHIP AWARDS.

       (a) In General.--The Secretary, in partnership 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 Secretary 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, a 
     resource management college or graduate degree with 
     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 Secretary considers 
     appropriate.

     SEC. 5145. MATCHING REQUIREMENT.

       (a) In General.--Except as provided in subsection (b), the 
     non-Federal share of the costs of a fellowship under this 
     section shall be 25 percent of such costs.
       (b) Waiver of Requirements.--The Secretary may waive the 
     application of subsection (a) if the Secretary finds that 
     such waiver is necessary to support a project that the 
     Secretary has identified as a high priority.

 TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE 
                GREAT LAKES, OCEANS, BAYS, AND ESTUARIES

     SEC. 5201. SHORT TITLE.

       This title may be cited as the ``Bolstering Long-term 
     Understanding and Exploration of the Great Lakes, Oceans, 
     Bays, and Estuaries Act'' or the ``BLUE GLOBE Act''.

     SEC. 5202. PURPOSE.

       The purpose of this title is to promote and support--
       (1) the monitoring, understanding, and exploration of the 
     Great Lakes, oceans, bays, estuaries, and coasts; and
       (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. 5203. SENSE OF CONGRESS.

       It is the sense of Congress that Federal agencies should 
     optimize data collection, management, and dissemination, to 
     the extent practicable, to maximize their impact for 
     research, conservation, 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.

     SEC. 5204. DEFINITIONS.

       In this title:
       (1) Administrator.--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.
       (2) 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).

     SEC. 5205. 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 such Act (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 such Act (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 Bolstering Long-
     term Understanding and Exploration of the Great Lakes, 
     Oceans, Bays, and Estuaries Act'';
       (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 such Act (33 
     U.S.C. 893c(d)) is amended--

[[Page S5999]]

       (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. 5206. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.

       (a) Focus on Emerging Technologies.--The Administrator 
     shall consider evaluating the goals of one or more 
     Cooperative Institutes of the National Oceanic and 
     Atmospheric Administration to 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 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 model outputs, electronic monitoring, and 
     remote sensing.
       (b) Coordination With Other Programs.--If appropriate, 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. 5208. BLUE ECONOMY VALUATION.

       (a) Measurement of Blue Economy Industries.--The 
     Administrator, in consultation with the heads of other 
     relevant Federal agencies, shall establish a program to 
     improve 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 energy 
     development and siting including for renewable energy, 
     offshore mineral production, ship and boat building, tourism, 
     recreation, subsistence, commercial, recreational, and 
     charter fishing, seafood processing, and other fishery-
     related businesses, aquaculture such as kelp and shellfish, 
     and 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, Tribal, 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 
     until the date that is 20 years after the date of the 
     enactment of this Act, the Administrator, in consultation 
     with the heads of other relevant Federal agencies, shall 
     publish a report that--
       (1) defines the Blue Economy, in coordination with Indian 
     Tribes, academia, the private sector, 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. 5210. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are to be authorized to carry out this 
     title.

     SEC. 5211. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to be appropriated to 
     carry out this title.

                TITLE LIII--REGIONAL OCEAN PARTNERSHIPS

     SEC. 5301. SHORT TITLE.

       This title may be cited as the ``Regional Ocean Partnership 
     Act''.

     SEC. 5302. FINDINGS; SENSE OF CONGRESS; PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) The ocean and coastal waters and the Great Lakes of the 
     United States are foundational to the economy, security, 
     global competitiveness, and well-being of the United States 
     and continuously serve the people of the United States and 
     other countries as an important source of food, energy, 
     economic productivity, recreation, beauty, and enjoyment.
       (2) Over many years, the resource productivity and water 
     quality of the ocean, coastal, and Great Lakes areas of the 
     United States have been diminished by pollution, increasing 
     population demands, economic development, and natural and 
     man-made hazard events, both acute and chronic.
       (3) The ocean, coastal, and Great Lakes areas of the United 
     States are managed by State and Federal resource agencies and 
     Indian Tribes and regulated on an interstate and regional 
     scale by various overlapping Federal authorities, thereby 
     creating a significant need for interstate coordination to 
     enhance regional priorities, including the ecological and 
     economic health of those areas.
       (4) Indian Tribes have unique expertise and knowledge 
     important for the stewardship of the ocean and coastal waters 
     and the Great Lakes of the United States.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should seek to support interstate 
     coordination of shared regional priorities relating to the 
     management, conservation, resilience, and restoration of 
     ocean, coastal, and Great Lakes areas to maximize 
     efficiencies through collaborative regional efforts by 
     Regional Ocean Partnerships, in coordination with Federal and 
     State agencies, Indian Tribes, and local authorities;
       (2) such efforts would enhance existing and effective 
     ocean, coastal, and Great Lakes management efforts of States 
     and Indian Tribes based on shared regional priorities; and
       (3) Regional Ocean Partnerships should coordinate with 
     Indian Tribes.
       (c) Purposes.--The purposes of this title are as follows:
       (1) To complement and expand cooperative voluntary efforts 
     intended to manage, conserve, and restore ocean, coastal, and 
     Great Lakes areas spanning across multiple State and Indian 
     Tribe jurisdictions.
       (2) To expand Federal support for monitoring, data 
     management, restoration, research, and conservation 
     activities in ocean, coastal, and Great Lakes areas.
       (3) To commit the United States to a comprehensive 
     cooperative program to achieve improved water quality in, and 
     improvements in the productivity of living resources of, 
     oceans, coastal, and Great Lakes ecosystems.
       (4) To authorize Regional Ocean Partnerships as 
     intergovernmental coordinators for shared regional priorities 
     among States and Indian Tribes relating to the collaborative 
     management of the large marine ecosystems, thereby reducing 
     duplication of efforts and maximizing opportunities to 
     leverage support in the ocean and coastal regions.
       (5) To empower States to take a lead role in managing 
     oceans, coastal, and Great Lakes areas.
       (6) To incorporate rights of Indian Tribes in the 
     management of oceans, coasts, and Great Lakes resources and 
     provide resources to support Indian Tribe participation in 
     and engagement with Regional Ocean Partnerships.
       (7) To enable Regional Ocean Partnerships, or designated 
     fiscal management entities of such partnerships, to receive 
     Federal funding to conduct the scientific research, 
     conservation and restoration activities, and priority 
     coordination on shared regional priorities necessary to 
     achieve the purposes described in paragraphs (1) through (6).

     SEC. 5303. REGIONAL OCEAN PARTNERSHIPS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Coastal state.--The term ``coastal state'' has the 
     meaning given that term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       (3) 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).
       (4) Regional ocean partnership.--The term ``Regional Ocean 
     Partnership'' means a Regional Ocean Partnership, a Regional 
     Coastal Partnership, or a Regional Great Lakes Partnership.
       (b) Regional Ocean Partnerships.--
       (1) In general.--A coastal state may participate in a 
     Regional Ocean Partnership with one or more--
       (A) coastal states that share a common ocean or coastal 
     area with the coastal state, without regard to whether the 
     coastal states are contiguous; and
       (B) States--
       (i) with which the coastal state shares a common watershed; 
     or
       (ii) that would contribute to the priorities of the 
     partnership.
       (2) Great lakes.--A partnership consisting of one or more 
     coastal states bordering one or more of the Great Lakes may 
     be known as a ``Regional Coastal Partnership'' or a 
     ``Regional Great Lakes Partnership''.

[[Page S6000]]

       (3) Application.--The Governor of a coastal state or the 
     Governors of a group of coastal states may apply to the 
     Secretary of Commerce, on behalf of a partnership, for the 
     partnership to receive designation as a Regional Ocean 
     Partnership if the partnership--
       (A) meets the requirements under paragraph (4); and
       (B) submits an application for such designation in such 
     manner, in such form, and containing such information as the 
     Secretary may require.
       (4) Requirements.--A partnership is eligible for 
     designation as a Regional Ocean Partnership by the Secretary 
     under paragraph (3) if the partnership--
       (A) is established to coordinate the management of ocean, 
     coastal, and Great Lakes resources among State governments 
     and Indian Tribes;
       (B) focuses on the environmental issues affecting the 
     ocean, coastal, and Great Lakes areas of the members 
     participating in the partnership;
       (C) complements existing coastal and ocean management 
     efforts of States and Indian Tribes on an interstate scale, 
     focusing on shared regional priorities;
       (D) does not have a regulatory function; and
       (E) is not duplicative of an existing Regional Ocean 
     Partnership designated under paragraph (5), as determined by 
     the Secretary.
       (5) Designation of certain entities as regional ocean 
     partnerships.--Notwithstanding paragraph (3) or (4), the 
     following entities are designated as Regional Ocean 
     Partnerships:
       (A) The Gulf of Mexico Alliance, comprised of the States of 
     Alabama, Florida, Louisiana, Mississippi, and Texas.
       (B) The Northeast Regional Ocean Council, comprised of the 
     States of Maine, Vermont, New Hampshire, Massachusetts, 
     Connecticut, and Rhode Island.
       (C) The Mid-Atlantic Regional Council on the Ocean, 
     comprised of the States of New York, New Jersey, Delaware, 
     Maryland, and Virginia.
       (D) The West Coast Ocean Alliance, comprised of the States 
     of California, Oregon, and Washington and the coastal Indian 
     Tribes therein.
       (c) Governing Bodies of Regional Ocean Partnerships.--
       (1) In general.--A Regional Ocean Partnership designated 
     under subsection (b) shall have a governing body.
       (2) Membership.--A governing body described in paragraph 
     (1)--
       (A) shall be comprised, at a minimum, of voting members 
     from each coastal state participating in the Regional Ocean 
     Partnership, designated by the Governor of the coastal state; 
     and
       (B) may include such other members as the partnership 
     considers appropriate.
       (d) Functions.--A Regional Ocean Partnership designated 
     under subsection (b) may perform the following functions:
       (1) Promote coordination of the actions of the agencies of 
     coastal states participating in the partnership with the 
     actions of the appropriate officials of Federal agencies, 
     State governments, and Indian Tribes in developing 
     strategies--
       (A) to conserve living resources, increase valuable 
     habitats, enhance coastal resilience and ocean management, 
     promote ecological and economic health, and address such 
     other issues related to the shared ocean, coastal, or Great 
     Lakes areas as are determined to be a shared, regional 
     priority by those states; and
       (B) to manage regional data portals and develop associated 
     data products for purposes that support the priorities of the 
     partnership.
       (2) In cooperation with appropriate Federal and State 
     agencies, Indian Tribes, and local authorities, develop and 
     implement specific action plans to carry out coordination 
     goals.
       (3) Coordinate and implement priority plans and projects, 
     and facilitate science, research, modeling, monitoring, data 
     collection, and other activities that support the goals of 
     the partnership through the provision of grants and contracts 
     under subsection (f).
       (4) Engage, coordinate, and collaborate with relevant 
     governmental entities and stakeholders to address ocean and 
     coastal related matters that require interagency or 
     intergovernmental solutions.
       (5) Implement outreach programs for public information, 
     education, and participation to foster stewardship of the 
     resources of the ocean, coastal, and Great Lakes areas, as 
     relevant.
       (6) Develop and make available, through publications, 
     technical assistance, and other appropriate means, 
     information pertaining to cross-jurisdictional issues being 
     addressed through the coordinated activities of the 
     partnership.
       (7) Serve as a liaison with, and provide information to, 
     international counterparts, as appropriate on priority issues 
     for the partnership.
       (e) Coordination, Consultation, and Engagement.--
       (1) In general.--A Regional Ocean Partnership designated 
     under subsection (b) shall maintain mechanisms for 
     coordination, consultation, and engagement with the 
     following:
       (A) The Federal Government.
       (B) Indian Tribes.
       (C) Nongovernmental entities, including academic 
     organizations, nonprofit organizations, and private sector 
     entities.
       (D) Other federally mandated regional entities, including 
     the Regional Fishery Management Councils, the regional 
     associations of the National Integrated Coastal and Ocean 
     Observation System, and relevant Marine Fisheries 
     Commissions.
       (2) Rule of construction.--Nothing in paragraph (1)(B) may 
     be construed as affecting any requirement to consult with 
     Indian Tribes under Executive Order 13175 (25 U.S.C. 5301 
     note; relating to consultation and coordination with Indian 
     tribal governments) or any other applicable law or policy.
       (f) Grants and Contracts.--
       (1) In general.--A Regional Ocean Partnership designated 
     under subsection (b) may, in coordination with existing 
     Federal and State management programs, from amounts made 
     available to the partnership by the Administrator or the head 
     of another Federal agency, provide grants and enter into 
     contracts for the purposes described in paragraph (2).
       (2) Purposes.--The purposes described in this paragraph 
     include any of the following:
       (A) Monitoring the water quality and living resources of 
     multi-State ocean and coastal ecosystems and coastal 
     communities.
       (B) Researching and addressing the effects of natural and 
     human-induced environmental changes on--
       (i) ocean and coastal ecosystems; and
       (ii) coastal communities.
       (C) Developing and executing cooperative strategies that--
       (i) address regional data issues identified by the 
     partnership; and
       (ii) will result in more effective management of common 
     ocean and coastal areas.
       (g) Report Required.--
       (1) In general.--Not later than 5 years after the date of 
     the enactment of this Act, the Administrator, in coordination 
     with the Regional Ocean Partnerships designated under 
     subsection (b), shall submit to Congress a report on the 
     partnerships.
       (2) Report requirements.--The report required by paragraph 
     (1) shall include the following:
       (A) An assessment of the overall status of the work of the 
     Regional Ocean Partnerships designated under subsection (b).
       (B) An assessment of the effectiveness of the partnerships 
     in supporting regional priorities relating to the management 
     of common ocean, coastal, and Great Lakes areas.
       (C) An assessment of the effectiveness of the strategies 
     that the partnerships are supporting or implementing and the 
     extent to which the priority needs of the regions covered by 
     the partnerships are being met through such strategies.
       (D) An assessment of how the efforts of the partnerships 
     support or enhance Federal and State efforts consistent with 
     the purposes of this title.
       (E) Such recommendations as the Administrator may have for 
     improving--
       (i) efforts of the partnerships to support the purposes of 
     this title; and
       (ii) collective strategies that support the purposes of 
     this title in coordination with all relevant Federal and 
     State entities and Indian Tribes.
       (F) The distribution of funds from each partnership for 
     each fiscal year covered by the report.
       (h) Availability of Federal Funds.--In addition to amounts 
     made available to the Regional Ocean Partnerships designated 
     under subsection (b) by the Administrator under this section, 
     the head of any other Federal agency may provide grants to, 
     enter into contracts with, or otherwise provide funding to 
     such partnerships.
       (i) Authorities.--Nothing in this section establishes any 
     new legal or regulatory authority of the National Oceanic and 
     Atmospheric Administration or of the Regional Ocean 
     Partnerships designated under subsection (b), other than--
       (1) the authority of the Administrator to provide amounts 
     to the partnerships; and
       (2) the authority of the partnerships to provide grants and 
     enter into contracts under subsection (f).

                 TITLE LIV--NATIONAL OCEAN EXPLORATION

     SEC. 5401. SHORT TITLE.

       This title may be cited as the ``National Ocean Exploration 
     Act''.

     SEC. 5402. FINDINGS.

       Congress makes the following findings:
       (1) The health and resilience of the ocean are vital to the 
     security and economy of the United States and to the lives of 
     the people of the United States.
       (2) The United States depends on the ocean to regulate 
     weather and climate, to sustain and protect the diversity of 
     life, for maritime shipping, for national defense, and for 
     food, energy, medicine, recreation, and other services 
     essential to the people of the United States and all 
     humankind.
       (3) The prosperity, security, and well-being of the United 
     States depend on successful understanding and stewardship of 
     the ocean.
       (4) Interdisciplinary cooperation and engagement among 
     government agencies, research institutions, nongovernmental 
     organizations, States, Indian Tribes, and the private sector 
     are essential for successful stewardship of ocean and coastal 
     environments, national economic growth, national security, 
     and development of agile strategies that develop, promote, 
     and use new technologies.
       (5) Ocean exploration can help the people of the United 
     States understand how to be effective stewards of the ocean 
     and serve as catalysts and enablers for other sectors of the 
     economy.

[[Page S6001]]

       (6) Mapping, exploration, and characterization of the ocean 
     provides basic, essential information to protect and restore 
     the marine environment, stimulate economic activity, and 
     provide security for the United States.
       (7) A robust national ocean exploration program engaging 
     multiple Federal agencies, Indian Tribes, the private sector, 
     nongovernmental organizations, and academia is--
       (A) essential to the interests of the United States and 
     vital to its security and economy and the health and well-
     being of all people of the United States; and
       (B) critical to reestablish the United States at the 
     forefront of global ocean exploration and stewardship.

     SEC. 5403. DEFINITIONS.

       In this title:
       (1) Characterization.--The term ``characterization'' refers 
     to activities that provide comprehensive data and 
     interpretations for a specific area of interest of the 
     seafloor, sub-bottom, water column, or hydrologic features, 
     such as water masses and currents, in direct support of 
     specific research, environmental protection, resource 
     management, policymaking, or applied mission objectives.
       (2) Exploration.--The term ``exploration'' refers to 
     activities that provide--
       (A) a multidisciplinary view of an unknown or poorly 
     understood area of the seafloor, sub-bottom, or water column; 
     and
       (B) an initial assessment of the physical, chemical, 
     geological, biological, archeological, or other 
     characteristics of such an area.
       (3) 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).
       (4) Mapping.--The term ``mapping'' refers to activities 
     that provide comprehensive data and information needed to 
     understand seafloor characteristics, such as depth, 
     topography, bottom type, sediment composition and 
     distribution, underlying geologic structure, and benthic 
     flora and fauna.

     SEC. 5404. OCEAN POLICY COMMITTEE.

       (a) Subcommittees.--Section 8932(c) of title 10, United 
     States Code, is amended to read as follows:
       ``(c) Subcommittees.--(1) The Committee shall include--
       ``(A) a subcommittee to be known as the `Ocean Science and 
     Technology Subcommittee'; and
       ``(B) a subcommittee to be known as the `Ocean Resource 
     Management Subcommittee'.
       ``(2) In discharging its responsibilities in support of 
     agreed-upon scientific needs, and to assist in the execution 
     of the responsibilities described in subsection (b), the 
     Committee may delegate responsibilities to the Ocean Science 
     and Technology Subcommittee, the Ocean Resource Management 
     Subcommittee, or another subcommittee of the Committee, as 
     the Committee determines appropriate.''.
       (b) Increased Access to Geospatial Data for More Efficient 
     and Informed Decision Making.--
       (1) Establishment of document system.--Section 8932(b) of 
     title 10, United States Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4)(F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) establish or designate one or more systems for ocean-
     related documents prepared under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), in accordance 
     with subsection (h).''.
       (2) Elements.--Section 8932 of such title is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h) Elements of Document System.--The systems established 
     or designated under subsection (b)(5) shall include the 
     following:
       ``(1) A publicly accessible, centralized digital archive of 
     documents described in subsection (b)(5) that are finalized 
     after the date of the enactment of the National Ocean 
     Exploration Act, including--
       ``(A) environmental impact statements;
       ``(B) environmental assessments;
       ``(C) categorical exclusions;
       ``(D) records of decision; and
       ``(E) other relevant documents as determined by the 
     Committee.
       ``(2) Geospatially referenced data, if any, contained in 
     the documents under paragraph (1).
       ``(3) A mechanism to retrieve information through geo-
     information tools that can map and integrate relevant 
     geospatial information, such as--
       ``(A) Ocean Report Tools;
       ``(B) the Environmental Studies Program Information System;
       ``(C) Regional Ocean Partnerships; and
       ``(D) the Integrated Ocean Observing System.''.

     SEC. 5405. NATIONAL OCEAN MAPPING, EXPLORATION, AND 
                   CHARACTERIZATION COUNCIL.

       (a) Establishment.--The President shall establish a 
     council, to be known as the ``National Ocean Mapping, 
     Exploration, and Characterization Council'' (in this section 
     referred to as the ``Council'').
       (b) Purpose.--The Council shall--
       (1) update national priorities for ocean mapping, 
     exploration, and characterization; and
       (2) coordinate and facilitate activities to advance those 
     priorities.
       (c) Reporting.--The Council shall report to the Ocean 
     Science and Technology Subcommittee of the Ocean Policy 
     Committee established under section 8932(c) of title 10, 
     United States Code.
       (d) Membership.--The Council shall be composed of not fewer 
     than one senior-level representative from each of the 
     following:
       (1) The Department of the Navy.
       (2) The Department of the Interior.
       (3) The National Oceanic and Atmospheric Administration.
       (4) The department in which the Coast Guard is operating.
       (5) The Office of Management and Budget.
       (6) The Office of Science and Technology Policy.
       (7) The National Science Foundation.
       (8) The National Aeronautics and Space Administration.
       (9) The Marine Mammal Commission.
       (10) The Department of Transportation.
       (11) The Department of Energy.
       (12) The Office of the Director of National Intelligence.
       (e) Co-Chairs.--The Council shall be co-chaired by--
       (1) two senior-level representatives from the National 
     Oceanic and Atmospheric Administration; and
       (2) one senior-level representative from the Department of 
     the Interior.
       (f) Duties.--The Council shall--
       (1) set national ocean mapping, exploration, and 
     characterization priorities and strategies;
       (2) cultivate and facilitate transparent and sustained 
     partnerships among Federal and State agencies, Indian Tribes, 
     private industry, academia, and nongovernmental organizations 
     to conduct ocean mapping, exploration, and characterization 
     activities and related technology development;
       (3) coordinate improved processes for data compilation, 
     management, access, synthesis, and visualization with respect 
     to ocean mapping, exploration, and characterization, with a 
     focus on building on existing ocean data management systems, 
     as appropriate;
       (4) encourage education, workforce training, and public 
     engagement activities that--
       (A) advance interdisciplinary principles that contribute to 
     ocean mapping, exploration, research, and characterization;
       (B) improve public engagement with and understanding of 
     ocean science; and
       (C) provide opportunities for underserved populations;
       (5) coordinate activities as appropriate with domestic and 
     international ocean mapping, exploration, and 
     characterization initiatives or programs; and
       (6) establish and monitor metrics to track progress in 
     achieving the priorities set under paragraph (1).
       (g) Interagency Working Group on Ocean Exploration and 
     Characterization.--
       (1) Establishment.--The President shall establish a new 
     interagency working group to be known as the ``Interagency 
     Working Group on Ocean Exploration and Characterization''.
       (2) Membership.--The Interagency Working Group on Ocean 
     Exploration and Characterization shall be comprised of senior 
     representatives from Federal agencies with ocean exploration 
     and characterization responsibilities.
       (3) Functions.--The Interagency Working Group on Ocean 
     Exploration and Characterization shall support the Council 
     and the Ocean Science and Technology Subcommittee of the 
     Ocean Policy Committee established under section 8932(c) of 
     title 10, United States Code, on ocean exploration and 
     characterization activities and associated technology 
     development across the Federal Government, State governments, 
     Indian Tribes, private industry, nongovernmental 
     organizations, and academia.
       (h) Oversight.--The Council shall oversee--
       (1) the Interagency Working Group on Ocean Exploration and 
     Characterization established under subsection (g)(1); and
       (2) the Interagency Working Group on Ocean and Coastal 
     Mapping under section 12203 of the Ocean and Coastal Mapping 
     Integration Act (33 U.S.C. 3502).
       (i) Plan.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Council shall develop or 
     update and submit to the appropriate committees of Congress a 
     plan for an integrated cross-sectoral ocean mapping, 
     exploration, and characterization initiative.
       (2) Elements.--The plan required by paragraph (1) shall--
       (A) discuss the utility and benefits of ocean exploration 
     and characterization;
       (B) identify and describe national ocean mapping, 
     exploration, and characterization priorities;
       (C) identify and describe Federal and federally funded 
     ocean mapping, exploration, and characterization programs;
       (D) facilitate and incorporate non-Federal input into 
     national ocean mapping, exploration, and characterization 
     priorities;
       (E) ensure effective coordination of ocean mapping, 
     exploration, and characterization activities among programs 
     described in subparagraph (C);
       (F) identify opportunities for combining overlapping or 
     complementary needs, activities, and resources of Federal 
     agencies and non-Federal organizations relating to ocean 
     mapping, exploration, and characterization while not reducing 
     benefits from existing

[[Page S6002]]

     mapping, explorations, and characterization activities;
       (G) promote new and existing partnerships among Federal and 
     State agencies, Indian Tribes, private industry, academia, 
     and nongovernmental organizations to conduct or support ocean 
     mapping, exploration, and characterization activities and 
     technology development needs, including through coordination 
     under section 3 of the Commercial Engagement Through Ocean 
     Technology Act of 2018 (33 U.S.C. 4102) and the National 
     Oceanographic Partnership Program under section 8931 of title 
     10, United States Code;
       (H) develop a transparent and sustained mechanism for non-
     Federal partnerships and stakeholder engagement in strategic 
     planning and mission execution to be implemented not later 
     than December 31, 2023;
       (I) establish standardized collection and data management 
     protocols, such as with respect to metadata, for ocean 
     mapping, exploration, and characterization;
       (J) encourage the development, testing, demonstration, and 
     adoption of innovative ocean mapping, exploration, and 
     characterization technologies and applications;
       (K) promote protocols for accepting data, equipment, 
     approaches, or other resources that support national ocean 
     mapping, exploration, and characterization priorities;
       (L) identify best practices for the protection of marine 
     life during mapping, exploration, and characterization 
     activities;
       (M) identify training, technology, and other resource 
     requirements for enabling the National Oceanic and 
     Atmospheric Administration and other appropriate Federal 
     agencies to support a coordinated national ocean mapping, 
     exploration, and characterization effort;
       (N) identify and facilitate a centralized mechanism or 
     office for coordinating data collection, compilation, 
     processing, archiving, and dissemination activities relating 
     to ocean mapping, exploration, and characterization that 
     meets Federal mandates for data accuracy and accessibility;
       (O) designate repositories responsible for archiving and 
     managing ocean mapping, exploration, and characterization 
     data;
       (P) set forth a timetable and estimated costs for 
     implementation and completion of the plan;
       (Q) to the extent practicable, align ocean exploration and 
     characterization efforts with existing programs and identify 
     key gaps; and
       (R) identify criteria for determining the optimal frequency 
     of observations.
       (j) Briefings.--Not later than 1 year after the date of the 
     enactment of this Act, and not less frequently than once 
     every 2 years thereafter, the Council shall brief the 
     appropriate committees of Congress on--
       (1) progress made toward meeting the national priorities 
     described in subsection (i)(2)(B); and
       (2) recommendations for meeting such priorities, such as 
     additional authorities that may be needed to develop a 
     mechanism for non-Federal partnerships and stakeholder 
     engagement described in subsection (i)(2)(H).
       (k) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     and the Committee on Armed Services of the Senate; and
       (2) the Committee on Natural Resources, the Committee on 
     Science, Space, and Technology, and the Committee on Armed 
     Services of the House of Representatives.

     SEC. 5406. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF 
                   THE NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION.

       (a) Purpose.--Section 12001 of the Omnibus Public Land 
     Management Act of 2009 (33 U.S.C. 3401) is amended by 
     striking ``and the national undersea research program''.
       (b) Program Established.--Section 12002 of such Act (33 
     U.S.C. 3402) is amended--
       (1) in the first sentence, by striking ``and undersea''; 
     and
       (2) in the second sentence, by striking ``and undersea 
     research and exploration'' and inserting ``research and ocean 
     exploration and characterization efforts''.
       (c) Powers and Duties of the Administrator.--
       (1) In general.--Section 12003(a) of such Act (33 U.S.C. 
     3403(a)) is amended--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     in coordination with the Ocean Policy Committee established 
     under section 8932 of title 10, United States Code,'' after 
     ``Administration'';
       (B) in paragraph (1)--
       (i) by striking ``voyages'' and inserting ``expeditions'';
       (ii) by striking ``Federal agencies'' and all that follows 
     through ``and survey'' and inserting ``Federal and State 
     agencies, Tribal governments, private industry, academia, and 
     nongovernmental organizations, to map, explore, and 
     characterize''; and
       (iii) by inserting ``characterize,'' after ``observe,'';
       (C) in paragraph (2), by inserting ``of the exclusive 
     economic zone'' after ``deep ocean regions'';
       (D) in paragraph (3), by striking ``voyages'' and inserting 
     ``expeditions'';
       (E) in paragraph (4), by striking ``, in consultation with 
     the National Science Foundation,'';
       (F) by amending paragraph (5) to read as follows:
       ``(5) support technological innovation of the United States 
     marine science community by promoting the development and use 
     of new and emerging technologies for research, communication, 
     navigation, and data collection, such as sensors and 
     autonomous vehicles;'';
       (G) in paragraph (6)--
       (i) by inserting ``, in collaboration with the National 
     Ocean Mapping, Exploration, and Characterization Council 
     established under section 5405 of the National Ocean 
     Exploration Act,'' after ``forum''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (H) by adding at the end the following:
       ``(7) provide guidance, in coordination with the National 
     Ocean Mapping, Exploration, and Characterization Council, to 
     Federal and State agencies, Tribal governments, private 
     industry, academia (including secondary schools, community 
     colleges, and universities), and nongovernmental 
     organizations on data standards, protocols for accepting 
     data, and coordination of data collection, compilation, 
     processing, archiving, and dissemination for data relating to 
     ocean exploration and characterization.''.
       (2) Donations.--Section 12003(b) of such Act (33 U.S.C. 
     3403(b)) is amended to read as follows:
       ``(b) Donations.--For the purpose of mapping, exploring, 
     and characterizing the oceans or increasing the knowledge of 
     the oceans, the Administrator may--
       ``(1) accept monetary donations and donations of property, 
     data, and equipment; and
       ``(2) pay all necessary expenses in connection with the 
     conveyance or transfer of a gift, devise, or bequest.''.
       (3) Definition of exclusive economic zone.--Section 12003 
     of such Act (33 U.S.C. 3403) is amended by adding at the end 
     the following:
       ``(c) Definition of Exclusive Economic Zone.--In this 
     section, the term `exclusive economic zone' means the zone 
     established by Presidential Proclamation Number 5030, dated 
     March 10, 1983 (16 U.S.C. 1453 note; relating to the 
     exclusive economic zone of the United States of America).''.
       (d) Repeal of Ocean Exploration and Undersea Research 
     Technology and Infrastructure Task Force.--Section 12004 of 
     such Act (33 U.S.C. 3404) is repealed.
       (e) Education, Workforce Training, and Outreach.--
       (1) In general.--Such Act is further amended by inserting 
     after section 12003 the following new section 12004:

     ``SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.

       ``(a) In General.--The Administrator of the National 
     Oceanic and Atmospheric Administration shall--
       ``(1) conduct education and outreach efforts in order to 
     broadly disseminate information to the public on the 
     discoveries made by the program under section 12002; and
       ``(2) to the extent possible, coordinate the efforts 
     described in paragraph (1) with the outreach strategies of 
     other domestic or international ocean mapping, exploration, 
     and characterization initiatives.
       ``(b) Education and Outreach Efforts.--Efforts described in 
     subsection (a)(1) may include--
       ``(1) education of the general public, teachers, students, 
     and ocean and coastal resource managers; and
       ``(2) workforce training, reskilling, and opportunities to 
     encourage development of ocean related science, technology, 
     engineering, and mathematics (STEM) technical training 
     programs involving secondary schools, community colleges, and 
     universities, including Historically Black Colleges or 
     Universities (within the meaning of the term ``part B 
     institution'' under section 322 of the Higher Education Act 
     of 1965 (20 U.S.C. 1061)), Tribal Colleges or Universities 
     (as defined in section 316(b) of such Act (20 U.S.C. 
     1059c(b))), and other minority-serving institutions (as 
     described in section 371(a) of such Act (20 U.S.C. 
     1067q(a))).
       ``(c) Outreach Strategy.--Not later than 180 days after the 
     date of the enactment of the National Ocean Exploration Act, 
     the Administrator of the National Oceanic and Atmospheric 
     Administration shall develop an outreach strategy to broadly 
     disseminate information on the discoveries made by the 
     program under section 12002.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 991) is amended by striking the 
     item relating to section 12004 and inserting the following:

``Sec. 12004. Education, workforce training, and outreach.
       (f) Ocean Exploration Advisory Board.--
       (1) Establishment.--Section 12005(a)(1) of such Act (33 
     U.S.C. 3505(1)) is amended by inserting ``and the National 
     Ocean Mapping, Exploration, and Characterization Council 
     established under section 5405 of the National Ocean 
     Exploration Act'' after ``advise the Administrator''.
       (2) Technical amendment.--Section 12005(c) of such Act (33 
     U.S.C. 3505(c)) is amended by inserting ``this'' before 
     ``part''.
       (g) Authorization of Appropriations.--Section 12006 of such 
     Act (33 U.S.C. 3406) is amended by striking ``this part'' and 
     all that follows and inserting ``this part $60,000,000 for 
     each of fiscal years 2023 through 2028''.
       (h) Definitions.--Such Act is further amended by inserting 
     after section 12006 the following:

     ``SEC. 12007. DEFINITIONS.

       ``In this part:
       ``(1) Characterization.--The terms `characterization', 
     `characterize', and `characterizing' refer to activities that 
     provide comprehensive data and interpretations for a

[[Page S6003]]

     specific area of interest of the seafloor, sub-bottom, water 
     column, or hydrologic features, such as water masses and 
     currents, in direct support of specific research, 
     environmental protection, resource management, policymaking, 
     or applied mission objectives.
       ``(2) Exploration.--The term `exploration', `explore', and 
     `exploring' refer to activities that provide--
       ``(A) a multidisciplinary view of an unknown or poorly 
     understood area of the seafloor, sub-bottom, or water column; 
     and
       ``(B) an initial assessment of the physical, chemical, 
     geological, biological, archaeological, or other 
     characteristics of such an area.
       ``(3) Mapping.--The terms `map' and `mapping' refer to 
     activities that provide comprehensive data and information 
     needed to understand seafloor characteristics, such as depth, 
     topography, bottom type, sediment composition and 
     distribution, underlying geologic structure, and benthic 
     flora and fauna.''.
       (i) Clerical Amendment.--The table of contents in section 
     1(b) of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 991) is amended by inserting 
     after the item relating to section 12006 the following:

``Sec. 12007. Definitions.

     SEC. 5407. REPEAL.

       (a) In General.--The NOAA Undersea Research Program Act of 
     2009 (part II of subtitle A of title XII of Public Law 111-
     11; 33 U.S.C. 3421 et seq.) is repealed.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 991) is amended by striking the 
     items relating to part II of subtitle A of title XII of such 
     Act.

     SEC. 5408. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM 
                   OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION.

       (a) Establishment of Program.--
       (1) In general.--Section 12202(a) of the Ocean and Coastal 
     Mapping Integration Act (33 U.S.C. 3501(a)) is amended--
       (A) by striking ``establish a program to develop a 
     coordinated and'' and inserting ``establish and maintain a 
     program to coordinate'';
       (B) by striking ``plan'' and inserting ``efforts''; and
       (C) by striking ``that enhances'' and all that follows and 
     inserting ``that--
       ``(1) enhances ecosystem approaches in decision-making for 
     natural resource and habitat management restoration and 
     conservation, emergency response, and coastal resilience and 
     adaptation;
       ``(2) establishes research and mapping priorities;
       ``(3) supports the siting of research and other platforms; 
     and
       ``(4) advances ocean and coastal science.''.
       (2) Membership.--Section 12202 of such Act (33 U.S.C. 3501) 
     is amended by striking subsection (b) and redesignating 
     subsection (c) as subsection (b).
       (3) Program parameters.--Subsection (b) of section 12202 of 
     such Act (33 U.S.C. 3501), as redesignated by paragraph (2), 
     is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``developing'' and inserting ``maintaining'';
       (B) in paragraph (2), by inserting ``and for leveraging 
     existing Federal geospatial services capacities and contract 
     vehicles for efficiencies'' after ``coastal mapping'';
       (C) in paragraph (7), by striking ``with coastal state and 
     local government programs'' and inserting ``with mapping 
     programs, in conjunction with Federal and State agencies, 
     Tribal governments, private industry, academia, and 
     nongovernmental organizations'';
       (D) in paragraph (8), by striking ``of real-time tide data 
     and the development'' and inserting ``of tide data and water-
     level data and the development and dissemination'';
       (E) in paragraph (9), by striking ``; and'' and inserting a 
     semicolon;
       (F) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (G) by adding at the end the following:
       ``(11) support--
       ``(A) the Ocean Science and Technology Subcommittee of the 
     Ocean Policy Committee established under section 8932(c) of 
     title 10, United States Code; and
       ``(B) the National Ocean Mapping, Exploration, and 
     Characterization Council established under section 5405 of 
     the National Ocean Exploration Act.''.
       (b) Interagency Working Group on Ocean and Coastal 
     Mapping.--
       (1) Name change.--The Ocean and Coastal Mapping Integration 
     Act (33 U.S.C. 3501 et seq.) is amended--
       (A) in section 12202 (33 U.S.C. 3501)--
       (i) in subsection (a), by striking ``Interagency Committee 
     on Ocean and Coastal Mapping'' and inserting ``Interagency 
     Working Group on Ocean and Coastal Mapping under section 
     12203''; and
       (ii) in subsection (b), as redesignated by subsection 
     (a)(2), by striking ``Committee'' and inserting ``Working 
     Group'';
       (B) in section 12203 (33 U.S.C. 3502)--
       (i) in the section heading, by striking ``committee'' and 
     inserting ``working group'';
       (ii) in subsection (b), in the first sentence, by striking 
     ``committee'' and inserting ``Working Group'';
       (iii) in subsection (e), by striking ``committee'' and 
     inserting ``Working Group''; and
       (iv) in subsection (f), by striking ``committee'' and 
     inserting ``Working Group''; and
       (C) in section 12208 (33 U.S.C. 3507), by amending 
     paragraph (3) to read as follows:
       ``(3) Working group.--The term `Working Group' means the 
     Interagency Working Group on Ocean and Coastal Mapping under 
     section 12203.''.
       (2) In general.--Section 12203(a) of such Act (33 U.S.C. 
     3502(a)) is amended by striking ``within 30 days'' and all 
     that follows and inserting ``not later than 30 days after the 
     date of the enactment of the National Ocean Exploration Act, 
     shall use the Interagency Working Group on Ocean and Coastal 
     Mapping in existence as of the date of the enactment of such 
     Act to implement section 12202.''.
       (3) Membership.--Section 12203(b) of such Act (33 U.S.C. 
     3502(b)) is amended--
       (A) in the first sentence, by striking ``senior'' both 
     places it appears and inserting ``senior-level'';
       (B) in the third sentence, by striking ``the Minerals 
     Management Service'' and inserting ``the Bureau of Ocean 
     Energy Management of the Department of the Interior, the 
     Office of the Assistant Secretary, Fish and Wildlife and 
     Parks of the Department of the Interior''; and
       (C) by striking the second sentence.
       (4) Co-chairs.--Section 12203(c) of such Act (33 U.S.C. 
     3502(c)) is amended to read as follows:
       ``(c) Co-Chairs.--The Working Group shall be co-chaired by 
     one representative from each of the following:
       ``(1) The National Oceanic and Atmospheric Administration.
       ``(2) The Department of the Interior.
       ``(3) The United States Army Corps of Engineers.''.
       (5) Subordinate groups.--Section 12203(d) of such Act (33 
     U.S.C. 3502(d)) is amended to read as follows:
       ``(d) Subordinate Groups.--The co-chairs may establish such 
     permanent or temporary subordinate groups as determined 
     appropriate by the Working Group.''.
       (6) Meetings.--Section 12203(e) of such Act (33 U.S.C. 
     3502(e)) is amended by striking ``each subcommittee and each 
     working group'' and inserting ``each subordinate group''.
       (7) Coordination.--Section 12203(f) of such Act (33 U.S.C. 
     3502(f)) is amended by striking paragraphs (1) through (5) 
     and inserting the following:
       ``(1) other Federal efforts, such as the Digital Coast, the 
     Federal Geographic Data Committee, GeoPlatform, the 
     Integrated Ocean Observing System, the Hydrographic Services 
     Review Panel of the National Oceanic and Atmospheric 
     Administration, the Ocean Exploration Advisory Board of the 
     National Oceanic and Atmospheric Administration, the National 
     Geospatial Advisory Committee of the Department of the 
     Interior, the advisory committee for the National Integrated 
     Coastal and Ocean Observation System, and the Technical 
     Mapping Advisory Council of the Federal Emergency Management 
     Agency;
       ``(2) international mapping activities;
       ``(3) coastal states;
       ``(4) coastal Indian Tribes;
       ``(5) data acquisition and user groups through workshops, 
     partnerships, and other appropriate mechanisms; and
       ``(6) representatives of nongovernmental entities.''.
       (8) Advisory panel.--Section 12203 of such Act (33 U.S.C. 
     3502) is amended by striking subsection (g).
       (9) Functions.--Section 12203 of such Act (33 U.S.C. 3502), 
     as amended by paragraph (8), is further amended by adding at 
     the end the following:
       ``(g) Support Functions.--The Working Group shall support 
     the National Ocean Mapping, Exploration, and Characterization 
     Council established under section 5405 of the National Ocean 
     Exploration Act and the Ocean Science and Technology 
     Subcommittee of the Ocean Policy Committee established under 
     section 8932(c) of title 10, United States Code, on ocean 
     mapping activities and associated technology development 
     across the Federal Government, State governments, coastal 
     Indian Tribes, private industry, nongovernmental 
     organizations, and academia.''.
       (10) Clerical amendment.--The table of contents in section 
     1(b) of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 991) is amended by striking the 
     item relating to section 12203 and inserting the following:

``Sec. 12203. Interagency working group on ocean and coastal mapping.
       (c) Biennial Reports.--Section 12204 of the Ocean and 
     Coastal Mapping Integration Act (33 U.S.C. 3503) is amended--
       (1) in the matter preceding paragraph (1), by striking ``No 
     later'' and all that follows through ``House of 
     Representatives'' and inserting ``Not later than 18 months 
     after the date of the enactment of the National Ocean 
     Exploration Act, and biennially thereafter until 2040, the 
     co-chairs of the Working Group, in coordination with the 
     National Ocean Mapping, Exploration, and Characterization 
     Council established under section 5405 of such Act, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation and the Committee on Energy and Natural 
     Resources of the Senate, and the Committee on Natural 
     Resources and the Committee on Science, Space, and Technology 
     of the House of Representatives,'';

[[Page S6004]]

       (2) in paragraph (1), by inserting ``, including the data 
     maintained by the National Centers for Environmental 
     Information of the National Oceanic and Atmospheric 
     Administration,'' after ``mapping data'';
       (3) in paragraph (3), by inserting ``, including a plan to 
     map the coasts of the United States on a requirements-based 
     cycle, with mapping agencies and partners coordinating on a 
     unified approach that factors in recent related studies, 
     meets multiple user requirements, and identifies gaps'' after 
     ``accomplished'';
       (4) by striking paragraph (10) and redesignating paragraphs 
     (11), (12), and (13) as paragraphs (10), (11), and (12), 
     respectively;
       (5) in paragraph (10), as so redesignated, by striking 
     ``with coastal state and local government programs'' and 
     inserting ``with international, coastal state, and local 
     government and nongovernmental mapping programs'';
       (6) in paragraph (11), as redesignated by paragraph (4)--
       (A) by striking ``increase'' and inserting ``streamline and 
     expand'';
       (B) by inserting ``for the purpose of fulfilling Federal 
     mapping and charting responsibilities, plans, and 
     strategies'' after ``entities''; and
       (C) by striking ``; and'' and inserting a semicolon;
       (7) in paragraph (12), as redesignated by paragraph (4), by 
     striking the period at the end and inserting a semicolon; and
       (8) by adding at the end the following:
       ``(13) a progress report on the development of new and 
     innovative technologies and applications through research and 
     development, including cooperative or other agreements with 
     joint or cooperative research institutes and centers and 
     other nongovernmental entities;
       ``(14) a description of best practices in data processing 
     and distribution and leveraging opportunities among agencies 
     represented on the Working Group and with coastal states, 
     coastal Indian Tribes, and nongovernmental entities;
       ``(15) an identification of any training, technology, or 
     other requirements for enabling Federal mapping programs, 
     vessels, and aircraft to support a coordinated ocean and 
     coastal mapping program; and
       ``(16) a timetable for implementation and completion of the 
     plan described in paragraph (3), including recommendations 
     for integrating new approaches into the program.''.
       (d) NOAA Joint Ocean and Coastal Mapping Centers.--
       (1) Centers.--Section 12205(c) of such Act (33 U.S.C. 
     3504(c)) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``3'' and inserting ``three''; and
       (B) in paragraph (4), by inserting ``and uncrewed'' after 
     ``sensing''.
       (2) Plan.--Section 12205 of such Act (33 U.S.C. 3504) is 
     amended--
       (A) in the section heading, by striking ``plan'' and 
     inserting ``noaa joint ocean and coastal mapping centers'';
       (B) by striking subsections (a), (b), and (d); and
       (C) in subsection (c), by striking ``(c) NOAA Joint Ocean 
     and Coastal Mapping Centers.--''.
       (3) Clerical amendment.--The table of contents in section 
     1(b) of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 991) is amended by striking the 
     item relating to section 12205 and inserting the following:

``Sec. 12205. NOAA joint ocean and coastal mapping centers.
       (e) Ocean and Coastal Mapping Federal Funding 
     Opportunity.--The Ocean and Coastal Mapping Integration Act 
     (33. U.S.C. 3501 et seq.) is amended--
       (1) by redesignating sections 12206, 12207, and 12208 as 
     sections 12208, 12209, and 12210, respectively; and
       (2) by inserting after section 12205 the following:

     ``SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING 
                   OPPORTUNITY.

       ``(a) In General.--Not later than one year after the date 
     of the enactment of the National Ocean Exploration Act, the 
     Administrator shall develop an integrated ocean and coastal 
     mapping Federal funding match opportunity within the National 
     Oceanic and Atmospheric Administration with Federal, State, 
     Tribal, local, nonprofit, private industry, or academic 
     partners in order to increase the coordinated acquisition, 
     processing, stewardship, and archival of new ocean and 
     coastal mapping data in United States waters.
       ``(b) Rules.--The Administrator shall develop 
     administrative and procedural rules for the ocean and coastal 
     mapping Federal funding match opportunity developed under 
     subsection (a), to include--
       ``(1) specific and detailed criteria that must be addressed 
     by an applicant, such as geographic overlap with pre-
     established priorities, number and type of project partners, 
     benefit to the applicant, coordination with other funding 
     opportunities, and benefit to the public;
       ``(2) determination of the appropriate funding match 
     amounts and mechanisms to use, such as grants, agreements, or 
     contracts; and
       ``(3) other funding award criteria as are necessary or 
     appropriate to ensure that evaluations of proposals and 
     decisions to award funding under this section are based on 
     objective standards applied fairly and equitably to those 
     proposals.
       ``(c) Geospatial Services and Contract Vehicles.--The ocean 
     and coastal mapping Federal funding match opportunity 
     developed under subsection (a) shall leverage Federal 
     expertise and capacities for geospatial services and Federal 
     geospatial contract vehicles using the private sector for 
     acquisition efficiencies.

     ``SEC. 12207. COOPERATIVE AGREEMENTS, CONTRACTS, AND GRANTS.

       ``(a) In General.--To carry out interagency activities 
     under this subtitle, the heads of agencies represented on the 
     Working Group may enter into cooperative agreements, or any 
     other agreement with each other, and transfer, receive, and 
     expend funds made available by any Federal agency, any State 
     or subdivision thereof, or any public or private organization 
     or individual, for ocean and coastal mapping investigations, 
     surveys, studies, and other geospatial collaborations 
     authorized by this subtitle or agreements authorized by 
     section 5 of the Act entitled `An Act to define the functions 
     and duties of the Coast and Geodetic Survey, and for other 
     purposes', approved August 6, 1947 (33 U.S.C. 883e).
       ``(b) Grants.--The Administrator may make grants to any 
     State or subdivision thereof or any public or private 
     organization or individual to carry out the purposes of this 
     subtitle.''.
       (f) Authorization of Appropriations.--Section 12209 of such 
     Act, as redesignated by subsection (e)(1), is amended--
       (1) in subsection (a), by striking ``this subtitle'' and 
     all that follows and inserting ``this subtitle $45,000,000 
     for each of fiscal years 2023 through 2028.'';
       (2) in subsection (b), by striking ``this subtitle'' and 
     all that follows and inserting ``this subtitle $15,000,000 
     for each of fiscal years 2023 through 2028.'';
       (3) by striking subsection (c); and
       (4) by inserting after subsection (b) the following:
       ``(c) Ocean and Coastal Mapping Federal Funding 
     Opportunity.--Of amounts appropriated pursuant to subsection 
     (a), $20,000,000 is authorized to carry out section 12206.''.
       (g) Definitions.--
       (1) Ocean and coastal mapping.--Paragraph (5) of section 
     12210 of such Act, as redesignated by subsection (e)(1), is 
     amended by striking ``processing, and management'' and 
     inserting ``processing, management, maintenance, 
     interpretation, certification, and dissemination''.
       (2) Coastal indian tribe.--Section 12210 of such Act, as 
     redesignated by subsection (e)(1), is amended by adding at 
     the end the following:
       ``(9) Coastal indian tribe.--The term `coastal Indian 
     Tribe' means an `Indian tribe', as defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304), the land of which is located in a coastal 
     state.''.
       (h) Clerical Amendments.--The table of contents in section 
     1(b) of the Omnibus Public Land Management Act of 2009 
     (Public Law 111-11; 123 Stat. 991) is amended by striking the 
     items relating to sections 12206 through 12208 and inserting 
     the following:

``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.

     SEC. 5409. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT 
                   ACT OF 1998.

       (a) Definitions.--Section 302(4)(A) of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is 
     amended by inserting ``hydrodynamic forecast and datum 
     transformation models,'' after ``nautical information 
     databases,''.
       (b) Functions of the Administrator.--Section 303(b) of such 
     Act (33 U.S.C. 892a(b)) is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``precision navigation,'' after ``promote''; and
       (2) in paragraph (2)--
       (A) by inserting ``and hydrodynamic forecast models'' after 
     ``monitoring systems'';
       (B) by inserting ``and provide foundational information and 
     services required to support coastal resilience planning for 
     coastal transportation and other infrastructure, coastal 
     protection and restoration projects, and related activities'' 
     after ``efficiency''; and
       (C) by striking ``; and'' and inserting a semicolon.
       (c) Quality Assurance Program.--Section 304(a) of such Act 
     (33 U.S.C. 892b(a)) is amended by striking ``product 
     produced'' and inserting ``product or service produced or 
     disseminated''.
       (d) Authorization of Appropriations.--Section 306(a) of 
     such Act (33 U.S.C. 892d(a)) 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 2028'';
       (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 2028'';
       (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 2028'';
       (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 2028''; and

[[Page S6005]]

       (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 2028''.

             TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE

     SEC. 5501. SHORT TITLE.

       This title may be cited as the ``Marine Mammal Research and 
     Response Act of 2022''.

     SEC. 5502. 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 or the Director of the United States Fish and 
     Wildlife Service--
       ``(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.
       ``(3) Online data input system.--The Secretary, acting 
     through the Under Secretary of Commerce for Oceans and 
     Atmosphere, in consultation with the stranding network and 
     the Office of Evaluation Sciences of the General Services 
     Administration, shall establish an online system for the 
     purposes of efficient and timely submission of data described 
     in paragraph (1).
       ``(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 or the United States Fish and Wildlife Service 
     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 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.
       ``(g) Authorship Agreements and Acknowledgment Policy.--The 
     Secretary, acting through the Under Secretary of Commerce for 
     Oceans and Atmosphere, shall include authorship agreements or 
     other acknowledgment considerations for use of data by the 
     public, as determined by the Secretary.
       ``(h) Savings Clause.--The Secretary shall not require 
     submission of research data that is not described in 
     subsection (c).''.

     SEC. 5503. 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).''.
       (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. 5504. 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. 5505. LIABILITY.

       Section 406(a) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1421e(a)) is

[[Page S6006]]

     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. 5506. 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. 5507. 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--

       ``(I) the applicable Secretary considers to be an 
     emergency; or
       ``(II) with the concurrence of the applicable Secretary, a 
     State, territorial, 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 sub regions (including, but not limited to, 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 this 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').
       ``(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 2023 through 2028, to remain 
     available until expended, of which for each fiscal year--
       ``(i) $6,000,000 shall be made available to the Secretary 
     of Commerce; and
       ``(ii) $1,000,000 shall be made available 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 the Marine 
     Mammal Research and Response Act of 2022.
       ``(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 2023 
     through 2028.
       ``(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) Technical Edits.--Section 408 of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1421f-1), as amended by 
     subsection (a), is further amended in subsection (f), as 
     redesignated by subsection (a)(3)--
       (1) in paragraph (1)--
       (A) by striking ``the costs of an activity conducted with a 
     grant under this section shall be'' and inserting ``a project 
     conducted with funds awarded under the grant program under 
     this section shall be not less than''; and
       (B) by striking ``such costs'' and inserting ``such 
     project''; and
       (2) in paragraph (2)--
       (A) by striking ``an activity'' and inserting ``a 
     project''; and
       (B) by striking ``the activity'' and inserting ``the 
     project''.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section of the

[[Page S6007]]

     Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 
     Stat. 1027) (as amended by section 5503(b)) is 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. 5508. 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 the Marine Mammal Research and Response Act of 
     2022, 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, 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; 86 Stat. 1027) (as amended by section 
     5507(b)) is amended by inserting after the item related to 
     section 408 the following:

``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform 
              (Health MAP).

     SEC. 5509. REPORTS TO CONGRESS.

       (a) In General.--Title IV of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1421 et seq.) (as amended by section 
     5508(a)) is 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;
       ``(2) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(3) the Committee on Science, Space, and Technology of 
     the House of Representatives.
       ``(b) Health MAP Status Report.--
       ``(1) In general.--Not later than 2 year after the date of 
     enactment of the Marine Mammal Research and Response Act of 
     2022, 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 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 
     Director of the United States Fish and Wildlife Service, 
     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, and Tribal governments, and the public.
       ``(d) Marine Mammal Response Capabilities in the Arctic.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Marine Mammal Research and Response Act of 
     2022, 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, 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 
     Fish and Wildlife Service of the Department of the Interior, 
     of all marine mammal stranding agreements in place for

[[Page S6008]]

     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; 86 Stat. 1027) (as amended by section 
     5508(b)) is amended by inserting after the item related to 
     section 408A the following:

``Sec. 408B. Reports to Congress.

     SEC. 5510. 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 ``2023 through 2028;'';
       (2) in paragraph (2), by striking ``1993 and 1994;'' and 
     inserting ``2023 through 2028;''; and
       (3) in paragraph (3), by striking ``fiscal year 1993.'' and 
     inserting ``for each of fiscal years 2023 through 2028.''.

     SEC. 5511. 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. 5512. STUDY ON MARINE MAMMAL MORTALITY.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Undersecretary 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 Undersecretary 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.

                   TITLE LVI--VOLCANIC ASH AND FUMES

     SEC. 5601. SHORT TITLE.

       This title may be cited as the ``Volcanic Ash and Fumes Act 
     of 2022''.

     SEC. 5602. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING 
                   AND MONITORING SYSTEM.

       (a) Definitions.--Subsection (a) of section 5001 of the 
     John D. Dingell, Jr. Conservation, Management, and Recreation 
     Act (43 U.S.C. 31k) is amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following:
       ``(2) Secretary of commerce.--The term `Secretary of 
     Commerce' means the Secretary of Commerce, acting through the 
     Under Secretary of Commerce for Oceans and Atmosphere.''; and
       (3) by adding at the end the following:
       ``(4) Volcanic ash advisory center.--The term `Volcanic Ash 
     Advisory Center' means an entity designated by the 
     International Civil Aviation Organization that is responsible 
     for informing aviation interests about the presence of 
     volcanic ash in the airspace.''.
       (b) Purposes.--Subsection (b)(1)(B) of such section is 
     amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iii) to strengthen the warning and monitoring systems of 
     volcano observatories in the United States by integrating 
     relevant capacities of the National Oceanic and Atmospheric 
     Administration, including with the Volcanic Ash Advisory 
     Centers located in Anchorage, Alaska, and Washington, DC, to 
     observe and model emissions of gases, aerosols, and ash, 
     atmospheric dynamics and chemistry, and ocean chemistry 
     resulting from volcanic eruptions.''.
       (c) System Components.--Subsection (b)(2) of such section 
     is amended--
       (1) in subparagraph (B)--
       (A) by striking ``and'' before ``spectrometry''; and
       (B) by inserting ``, and unoccupied aerial vehicles'' after 
     ``emissions''; and
       (2) by adding at the end the following:
       ``(C) Memorandum of understanding.--The Secretary and the 
     Secretary of Commerce shall develop and execute a memorandum 
     of understanding to establish cooperative support for the 
     activities of the System from the National Oceanic and 
     Atmospheric Administration, including environmental 
     observations, modeling, and temporary duty assignments of 
     personnel to support emergency activities, as necessary or 
     appropriate.''.
       (d) Management.--Subsection (b)(3) of such section is 
     amended--
       (1) in subparagraph (A), by adding at the end the 
     following:
       ``(iii) Update.--

       ``(I) National oceanic and atmospheric administration cost 
     estimates.--The Secretary of Commerce shall submit to the 
     Secretary annual cost estimates for modernization activities 
     and support of the System for the National Oceanic and 
     Atmospheric Administration.
       ``(II) Update of management plan.--The Secretary shall 
     update the management plan submitted under clause (i) to 
     include the cost estimates submitted under subclause (I).''; 
     and

       (2) by adding at the end the following:
       ``(E) Collaboration.--The Secretary of Commerce shall 
     collaborate with the Secretary to implement activities 
     carried out under this section related to the expertise of 
     the National Oceanic and Atmospheric Administration, 
     including observations and modeling of emissions of gases, 
     aerosols, and ash, atmospheric dynamics and chemistry, and 
     ocean chemistry resulting from volcanic eruptions.''.
       (e) Funding.--Subsection (c) of such section is amended--
       (1) in paragraph (1)--
       (A) in the paragraph heading, by inserting ``, united 
     states geological survey'' after ``appropriations''; and
       (B) by inserting ``to the United States Geological Survey'' 
     after ``appropriated'';.
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Authorization of appropriations, national oceanic and 
     atmospheric administration.--There is authorized to be 
     appropriated to the National Oceanic and Atmospheric 
     Administration to carry out this section such sums as may be 
     necessary for the period of fiscal years 2023 through 
     2024.''; and
       (4) in paragraph (3), as redesignated by paragraph (2)--
       (A) by striking ``United States Geological Survey''; and
       (B) by inserting ``of the United States Geological Survey 
     and the National Oceanic and Atmospheric Administration'' 
     after ``programs''.
       (f) Implementation Plan.--
       (1) Development of plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Commerce, 
     in consultation with the Secretary of the Interior, shall 
     develop a plan to implement the amendments made by this Act 
     during the 5-year period beginning on the date on which the 
     plan is developed.
       (2) Elements.--The plan developed under paragraph (1) shall 
     include an estimate of the cost and schedule required for the 
     implementation described in such paragraph.
       (3) Public availability.--Upon completion of the plan 
     developed under paragraph (1), the Secretary of Commerce 
     shall make the plan publicly available.

           TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS

     SEC. 5701. SHORT TITLE.

       This title may be cited as the ``Fire Ready Nation Act of 
     2022''.

     SEC. 5702. DEFINITIONS.

       In this title:
       (1) Administration.--The term ``Administration'' means the 
     National Oceanic and Atmospheric Administration.

[[Page S6009]]

       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (3) Earth system model.--The term ``Earth system model'' 
     means a mathematical model containing all relevant components 
     of the Earth, namely the atmosphere, oceans, land, 
     cryosphere, and biosphere.
       (4) Fire environment.--The term ``fire environment'' 
     means--
       (A) the environmental conditions, such as soil moisture, 
     vegetation, topography, snowpack, atmospheric temperature, 
     moisture, and wind, that influence--
       (i) fuel and fire behavior; and
       (ii) smoke dispersion and transport; and
       (B) the associated environmental impacts occurring during 
     and after fire events.
       (5) Fire weather.--The term ``fire weather'' means the 
     weather conditions that influence the start, spread, 
     character, or behavior of wildfire or fires at the wildland-
     urban interface and relevant meteorological and chemical 
     phenomena, including air quality, smoke, and meteorological 
     parameters such as relative humidity, air temperature, wind 
     speed and direction, and atmospheric composition and 
     chemistry, including emissions and mixing heights.
       (6) Impact-based decision support services.--The term 
     ``impact-based decision support services'' means forecast 
     advice and interpretative services the Administration 
     provides to help core partners, such as emergency personnel 
     and public safety officials, make decisions when weather, 
     water, and climate impact the lives and livelihoods of the 
     people of the United States.
       (7) Seasonal.--The term ``seasonal'' has the meaning given 
     that term in section 2 of the Weather Research and 
     Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (9) Smoke.--The term ``smoke'' means emissions, including 
     the gases and particles released into the air as a result of 
     combustion.
       (10) State.--The term ``State'' means a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, the 
     United State Virgin Islands, the Federated States of 
     Micronesia, the Republic of the Marshall Islands, or the 
     Republic of Palau.
       (11) Subseasonal.--The term ``subseasonal'' has the meaning 
     given that term in section 2 of the Weather Research and 
     Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
       (12) 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, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of enactment of this Act 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).
       (13) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Oceans and Atmosphere.
       (14) Weather enterprise.--The term ``weather enterprise'' 
     has the meaning given that term in section 2 of the Weather 
     Research and Forecasting Innovation Act of 2017 (15 U.S.C. 
     8501).
       (15) Wildfire.--The term ``wildfire'' means any non-
     structure fire that occurs in vegetation or natural fuels, 
     originating from an unplanned ignition.
       (16) Wildland-urban interface.--The term ``wildland-urban 
     interface'' means the area, zone, or region of transition 
     between unoccupied or undeveloped land and human development 
     where structures and other human development meet or 
     intermingle with undeveloped wildland or vegetative fuels.

     SEC. 5703. ESTABLISHMENT OF FIRE WEATHER SERVICES PROGRAM.

       (a) In General.--The Under Secretary shall establish and 
     maintain a coordinated fire weather services program among 
     the offices of the Administration in existence as of the date 
     of the enactment of this Act and designated by the Under 
     Secretary.
       (b) Program Functions.--The functions of the program 
     established under subsection (a), consistent with the 
     priorities described in section 101 of the Weather Research 
     and Forecasting Innovation Act of 2017 (15 U.S.C. 8511), 
     shall be--
       (1) to support readiness, responsiveness, understanding, 
     and overall resilience of the United States to wildfires, 
     fire weather, smoke, and other associated conditions, 
     hazards, and impacts in built and natural environments and at 
     the wildland-urban interface;
       (2) to collaboratively develop and disseminate accurate, 
     precise, effective, and timely risk communications, 
     forecasts, watches, and warnings relating to wildfires, fire 
     weather, smoke, and other associated conditions, hazards, and 
     impacts, as applicable, with Federal land management 
     agencies;
       (3) to partner with and support the public, Federal, State, 
     and Tribal governments, and academic and local partners 
     through the development of capabilities, impact-based 
     decision support services, and overall service delivery and 
     utility;
       (4) to conduct and support research and development of new 
     and innovative models, technologies, techniques, products, 
     systems, processes, and procedures to improve understanding 
     of wildfires, fire weather, air quality, and the fire 
     environment;
       (5) to develop strong research-to-operations and 
     operations-to-research transitions, in order to facilitate 
     delivery of products, services, and tools to operational 
     users and platforms; and
       (6) to develop, in coordination with Federal land 
     management agencies, impact-based decision support services 
     that operationalize and integrate the functions described in 
     paragraphs (1) through (5) in order to provide comprehensive 
     impact-based decision support services that encompass the 
     fire environment.
       (c) Program Priorities.--In developing and implementing the 
     program established under subsection (a), the Under Secretary 
     shall prioritize--
       (1) development of a fire weather-enabled Earth system 
     model and data assimilation systems that--
       (A) are capable of prediction and forecasting across 
     relevant spatial and temporal timescales;
       (B) include variables associated with fire weather, air 
     quality from smoke, and the fire environment;
       (C) improve understanding of the connections between fire 
     weather and modes of climate variability; and
       (D) incorporate emerging techniques such as artificial 
     intelligence, machine learning, and cloud computing;
       (2) advancement of existing and new observational 
     capabilities, including satellite-, airborne-, air-, and 
     ground-based systems and technologies and social networking 
     and other public information-gathering applications that--
       (A) identify--
       (i) high-risk pre-ignition conditions;
       (ii) conditions that influence fire behavior and spread 
     including those conditions that suppress active fire events; 
     and
       (iii) fire risk values;
       (B) support real-time notification and monitoring of 
     ignitions;
       (C) support observations and data collection of fire 
     weather and fire environment variables, including smoke, for 
     development of the model and systems under paragraph (1); and
       (D) support forecasts and advancing understanding and 
     research of the impacts of wildfires on human health, 
     ecosystems, climate, transportation, and economies; and
       (3) development and implementation of advanced and user-
     oriented impact-based decision tools, science, and 
     technologies that--
       (A) ensure real-time and retrospective data, products, and 
     services are findable, accessible, interoperable, usable, 
     inform further research, and are analysis- and decision-
     ready;
       (B) provide targeted information throughout the fire 
     lifecycle including pre-ignition, detection, forecasting, 
     post-fire, and monitoring phases; and
       (C) support early assessment of post-fire hazards, such as 
     air quality, debris flows, mudslides, and flooding.
       (d) Program Activities.--In developing and implementing the 
     program established under subsection (a), the Under Secretary 
     may--
       (1) conduct relevant physical and social science research 
     activities in support of the functions described in 
     subsection (b) and the priorities described in subsection 
     (c);
       (2) conduct relevant activities, in coordination with 
     Federal land management agencies and Federal science 
     agencies, to assess fuel characteristics, including moisture, 
     loading, and other parameters used to determine fire risk 
     levels and outlooks;
       (3) support and conduct research that assesses impacts to 
     marine, riverine, and other relevant ecosystems, which may 
     include forest and rangeland ecosystems, resulting from 
     activities associated with mitigation of and response to 
     wildfires;
       (4) support and conduct attribution science research 
     relating to wildfires, fire weather, fire risk, smoke, and 
     associated conditions, risks, and impacts;
       (5) develop smoke and air quality forecasts, forecast 
     guidance, and prescribed burn weather forecasts, and conduct 
     research on the impact of such forecasts on response behavior 
     that minimizes health-related impacts from smoke exposure;
       (6) use, in coordination with Federal land management 
     agencies, wildland fire resource intelligence to inform fire 
     environment impact-based decision support products and 
     services for safety;
       (7) work with Federal agencies to provide data, tools, and 
     services to support determinations by such agencies for the 
     implementation of mitigation measures;
       (8) provide training and support to ensure effective media 
     utilization of impact-based decision support products and 
     guidance to the public regarding actions needing to be taken;
       (9) provide comprehensive training to ensure staff of the 
     program established under subsection (a) is properly equipped 
     to deliver the impact-based decision support products and 
     services described in paragraphs (1) through (6); and
       (10) acquire through contracted purchase private sector-
     produced observational data to fill identified gaps, as 
     needed.
       (e) Collaboration; Agreements.--

[[Page S6010]]

       (1) Collaboration.--The Under Secretary shall, as the Under 
     Secretary considers appropriate, collaborate and consult with 
     partners in the weather and climate enterprises, academic 
     institutions, States, Tribal governments, local partners, and 
     Federal agencies, including land and fire management 
     agencies, in the development and implementation of the 
     program established under subsection (a).
       (2) Agreements.--The Under Secretary may enter into 
     agreements in support of the functions described in 
     subsection (b), the priorities described in subsection (c), 
     the activities described in subsection (d), and activities 
     carried out under section 5708.
       (f) Program Administration Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary shall submit 
     to the appropriate committees of Congress a plan that details 
     how the program established under subsection (a) will be 
     administered and governed within the Administration.
       (2) Elements.--The plan required by paragraph (1) should 
     include a description of--
       (A) how the functions described in subsection (b), the 
     priorities described in subsection (c), and the activities 
     described in subsection (d) will be distributed among the 
     line offices of the Administration; and
       (B) the mechanisms in place to ensure seamless coordination 
     among those offices.

     SEC. 5704. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
                   DATA MANAGEMENT.

       Section 301 of the Weather Research and Forecasting 
     Innovation Act of 2017 (15 U.S.C. 8531) is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Data Availability and Management.--
       ``(1) In general.--The Under Secretary shall--
       ``(A) make data and metadata generated or collected by the 
     National Oceanic and Administration that the Under Secretary 
     has the legal right to redistribute fully and openly 
     available, in accordance with chapter 35 of title 44, United 
     States Code, and the Foundations for Evidence-Based 
     Policymaking Act of 2018 (Public Law 115-435; 132 Stat. 5529) 
     and the amendments made by that Act, and preserve and curate 
     such data and metadata, in accordance with chapter 31 of 
     title 44, United States Code (commonly known as the `Federal 
     Records Act of 1950'), in order to maximize use of such data 
     and metadata; and
       ``(B) manage and steward the access, archival, and 
     retrieval activities for the data and metadata described in 
     subparagraph (A) by--
       ``(i) using--

       ``(I) enterprise-wide infrastructure, emerging 
     technologies, commercial partnerships, and the skilled 
     workforce needed to provide appropriate data management from 
     collection to broad access; and
       ``(II) associated information services; and

       ``(ii) pursuing the maximum interoperability of data and 
     information by--

       ``(I) leveraging data, information, knowledge, and tools 
     from across the Federal Government to support equitable 
     access, cross-sectoral collaboration and innovation, and 
     local planning and decision-making; and
       ``(II) developing standards and practices for the adoption 
     and citation of digital object identifiers for datasets, 
     models, and analytical tools.

       ``(2) Collaboration.--In carrying out this subsection, the 
     Under Secretary shall collaborate with such Federal partners 
     and stakeholders as the Under Secretary considers relevant--
       ``(A) to develop standards to pursue maximum 
     interoperability of data, information, knowledge, and tools 
     across the Federal Government, convert historical records 
     into common digital formats, and improve access and usability 
     of data by partners and stakeholders;
       ``(B) to identify and solicit relevant data from Federal 
     and international partners and other relevant stakeholders, 
     as the Under Secretary considers appropriate; and
       ``(C) to develop standards and practices for the adoption 
     and citation of digital object identifiers for datasets, 
     models, and analytical tools.''.

     SEC. 5705. DIGITAL FIRE WEATHER SERVICES AND DATA MANAGEMENT.

       (a) In General.--
       (1) Digital presence.--The Under Secretary shall develop 
     and maintain a comprehensive, centralized, and publicly 
     accessible digital presence designed to promote findability, 
     accessibility, interoperability, usability, and utility of 
     the services, tools, data, and information produced by the 
     program established under section 5703(a).
       (2) Digital platform and tools.--In carrying out paragraph 
     (1), the Under Secretary shall seek to ensure the digital 
     platform and tools of the Administration integrate geospatial 
     data, decision support tools, training, and best practices to 
     provide real-time fire weather forecasts and address fire-
     related issues and needs.
       (b) Internet-based Tools.--In carrying out subsections (a) 
     and (b), the Under Secretary shall develop and implement 
     internet-based tools, such as webpages and smartphone and 
     other mobile applications, to increase utility and access to 
     services and products for the benefit of users.

     SEC. 5706. HIGH-PERFORMANCE COMPUTING.

       (a) In General.--The Under Secretary shall seek to acquire 
     sufficient high-performance computing resources and capacity 
     for research, operations, and data storage in support of the 
     program established under section 5703(a).
       (b) Considerations.--In acquiring high-performance 
     computing capacity under subsection (a), the Under Secretary 
     shall consider requirements needed for--
       (1) conducting research and development;
       (2) the transition of research and testbed developments 
     into operations;
       (3) capabilities existing in other Federal agencies and the 
     commercial sector; and
       (4) skilled workforce development.

     SEC. 5707. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FIRE 
                   WEATHER SERVICES PROGRAM.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on the 
     program established under section 5703(a).
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) evaluate the performance of the program by establishing 
     initial baseline capabilities and tracking progress made 
     toward fully operationalizing the functions described in 
     section 5703(b); and
       (2) include such other recommendations as the Comptroller 
     General determines are appropriate to improve the program.

     SEC. 5708. FIRE WEATHER TESTBED.

       (a) Establishment of Fire Weather Testbed.--The Under 
     Secretary shall establish a fire weather testbed that enables 
     engagement across the Federal Government, State and local 
     governments, academia, private and federally funded research 
     laboratories, the private sector, and end-users in order to 
     evaluate the accuracy and usability of technology, models, 
     fire weather products and services, and other research to 
     accelerate the implementation, transition to operations, and 
     use of new capabilities by the Administration, Federal and 
     land management agencies, and other relevant stakeholders.
       (b) Uncrewed Aircraft Systems.--
       (1) In general.--The Under Secretary shall--
       (A) research and assess the role and potential of uncrewed 
     aircraft systems to improve data collection in support of 
     modeling, observations, predictions, forecasts, and impact-
     based decision support services;
       (B) transition uncrewed aircraft systems technologies from 
     research to operations as the Under Secretary considers 
     appropriate; and
       (C) coordinate with other Federal agencies that may be 
     developing uncrewed aircraft systems and related technologies 
     to meet the challenges of wildland fire management.
       (2) Pilot required.--In carrying out paragraph (1), not 
     later than 1 year after the date of the enactment of this 
     Act, the Under Secretary shall conduct pilots of uncrewed 
     aircraft systems for fire weather and fire environment 
     observations, including--
       (A) testing of unscrewed systems in approximations of real-
     world scenarios;
       (B) assessment of the utility of meteorological data 
     collected from fire response and assessment aircraft;
       (C) input of the collected data into appropriate models to 
     predict fire behavior, including coupled atmosphere and fire 
     models; and
       (D) collection of best management practices for deployment 
     of unscrewed systems and other remote data technology, 
     including for communication and coordination between the 
     stakeholders described in subsection (a).
       (3) Prohibition.--
       (A) In general.--Except as provided under subparagraphs (B) 
     and (C), the Under Secretary may not procure any covered 
     unmanned aircraft system that is manufactured or assembled by 
     a covered foreign entity, which includes associated elements 
     (consisting of communication links and the components that 
     control the unmanned aircraft) that are required for the 
     operator to operate safely and efficiently in the national 
     airspace system. The Federal Acquisition Security Council, in 
     coordination with the Secretary of Transportation, shall 
     develop and update a list of associated elements.
       (B) Exemption.--The Under Secretary, in consultation with 
     the Secretary of Homeland Security, is exempt from the 
     prohibition under subparagraph (A) if the operation or 
     procurement is necessary for the sole purpose of marine or 
     atmospheric science or management.
       (C) Waiver.--The Under Secretary may waive the prohibition 
     under subparagraph (A) on a case-by-case basis--
       (i) with the approval of the Secretary of Homeland Security 
     or the Secretary of Defense; and
       (ii) upon notification to Congress.
       (D) Definitions.--In this paragraph:
       (i) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council. The 
     list shall include entities in the following categories:

       (I) An entity included on the Consolidated Screening List.
       (II) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (III) Any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of

[[Page S6011]]

     Defense, determines poses a national security risk.
       (IV) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People's Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (V) Any subsidiary or affiliate of an entity described in 
     subclauses (I) through (IV).

       (ii) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.
       (4) Savings clause.--
       (A) In general.--In carrying out activities under this 
     subsection, the Under Secretary shall ensure that any testing 
     or deployment of uncrewed aircraft systems follow procedures, 
     restrictions, and protocols established by the heads of the 
     Federal agencies with statutory or regulatory jurisdiction 
     over any airspace in which wildfire response activities are 
     conducted during an active wildfire event.
       (B) Consultation and coordination.--The Under Secretary 
     shall consult and coordinate with relevant Federal land 
     management agencies, Federal science agencies, and the 
     Federal Aviation Administration to develop processes for the 
     appropriate deployment of the systems described in 
     subparagraph (A).
       (c) Additional Pilot Projects.--The Under Secretary shall 
     establish additional pilot projects relating to the fire 
     weather testbed that may include the following elements:
       (1) Advanced satellite detection products.
       (2) Procurement and use of commercial data.

     SEC. 5709. FIRE WEATHER SURVEYS AND ASSESSMENTS.

       (a) Annual Post-fire-weather Season Survey and 
     Assessment.--
       (1) In general.--During the second winter following the 
     enactment of this Act, and each year thereafter, the Under 
     Secretary shall conduct a post-fire-weather season survey and 
     assessment.
       (2) Elements.--After conducting a post-fire-weather season 
     survey and assessment under paragraph (1), the Under 
     Secretary shall--
       (A) investigate any gaps in data collected during the 
     assessment;
       (B) identify and implement strategies and procedures to 
     improve program services and information dissemination;
       (C) update systems, processes, strategies, and procedures 
     to enhance the efficiency and reliability of data obtained 
     from the assessment;
       (D) evaluate the accuracy and efficacy of physical fire 
     weather forecasting information for each incident included in 
     the survey and assessment; and
       (E) assess and refine performance measures, as needed.
       (b) Surveys and Assessments Following Individual Wildfire 
     Events.--The Under Secretary may conduct surveys and 
     assessments following individual wildfire events as the Under 
     Secretary determines necessary.
       (c) Goal.--In carrying out activities under this section, 
     the Under Secretary shall seek to increase the number of 
     post-wildfire community impact studies, including by 
     surveying individual and collective responses and 
     incorporating other applicable topics of social science 
     research.
       (d) Annual Briefing.--Not less frequently than once each 
     year, the Under Secretary shall provide a briefing to the 
     appropriate committees of Congress that provides--
       (1) an overview of the fire season; and
       (2) an outlook for the fire season for the coming year.
       (e) Coordination.--In conducting any survey or assessment 
     under this section, the Under Secretary shall coordinate with 
     Federal, State, and local partners, Tribal governments, 
     private entities, and such institutions of higher education 
     as the Under Secretary considers relevant in order to--
       (1) improve operations and collaboration; and
       (2) optimize data collection, sharing, integration, 
     assimilation, and dissemination.
       (f) Data Availability.--The Under Secretary shall make the 
     data and findings obtained from each assessment conducted 
     under this section available to the public in an accessible 
     digital format as soon as practicable after conducting the 
     assessment.
       (g) Service Improvements.--The Under Secretary shall make 
     best efforts to incorporate the results and recommendations 
     of each assessment conducted under this section into the 
     research and development plan and operations of the 
     Administration.

     SEC. 5710. INCIDENT METEOROLOGIST SERVICE.

       (a) Establishment.--The Under Secretary shall establish and 
     maintain an Incident Meteorologist Service within the 
     National Weather Service (in this section referred to as the 
     ``Service'').
       (b) Inclusion of Existing Incident Meteorologists.--The 
     Service shall include--
       (1) the incident meteorologists of the Administration as of 
     the date of the enactment of this Act; and
       (2) such incident meteorologists of the Administration as 
     may be appointed after such date.
       (c) Functions.--The Service shall provide--
       (1) on-site impact-based decision support services to 
     Federal, State, Tribal government, and local government 
     emergency response agencies preceding, during, and following 
     wildland fires or other events that threaten life or 
     property, including high-impact and extreme weather events; 
     and
       (2) support to Federal, State, Tribal government, and local 
     government decision makers, partners, and stakeholders for 
     seasonal planning.
       (d) Deployment.--The Service shall be deployed--
       (1) as determined by the Under Secretary; or
       (2) at the request of the head of another Federal agency 
     and with the approval of the Under Secretary.
       (e) Staffing and Resources.--In establishing and 
     maintaining the Service, the Under Secretary shall identify, 
     acquire, and maintain adequate levels of staffing and 
     resources to meet user needs.
       (f) Symbol.--
       (1) In general.--The Under Secretary may--
       (A) create, adopt, and publish in the Federal Register a 
     symbol for the Service; and
       (B) restrict the use of such symbol as appropriate.
       (2) Use of symbol.--The Under Secretary may authorize the 
     use of a symbol adopted under this subsection by any 
     individual or entity as the Under Secretary considers 
     appropriate.
       (3) Contract authority.--The Under Secretary may award 
     contracts for the creation of symbols under this subsection.
       (4) Offense.--It shall be unlawful for any person--
       (A) to represent themselves as an official of the Service 
     absent the designation or approval of the Under Secretary;
       (B) to manufacture, reproduce, or otherwise use any symbol 
     adopted by the Under Secretary under this subsection, 
     including to sell any item bearing such a symbol, unless 
     authorized by the Under Secretary; or
       (C) to violate any regulation promulgated by the Secretary 
     under this subsection.
       (g) Support for Incident Meteorologists.--The Under 
     Secretary shall provide resources, access to real-time fire 
     weather forecasts, training, administrative and logistical 
     support, and access to professional counseling or other forms 
     of support as the Under Secretary considers appropriate for 
     the betterment of the emotional and mental health and well-
     being of incident meteorologists and other employees of the 
     Administration involved with response to high-impact and 
     extreme fire weather events.

     SEC. 5711. AUTOMATED SURFACE OBSERVING SYSTEM.

       (a) Joint Assessment and Plan.--
       (1) In general.--The Under Secretary, in collaboration with 
     the Administrator of the Federal Aviation Administration and 
     the Secretary of Defense, shall--
       (A) conduct an assessment of resources, personnel, 
     procedures, and activities necessary to maximize the 
     functionality and utility of the automated surface observing 
     system of the United States that identifies--
       (i) key system upgrades needed to improve observation 
     quality and utility for weather forecasting, aviation safety, 
     and other users;
       (ii) improvements needed in observations within the 
     planetary boundary layer, including mixing height;
       (iii) improvements needed in public accessibility of 
     observational data;
       (iv) improvements needed to reduce latency in reporting of 
     observational data;
       (v) relevant data to be collected for the production of 
     forecasts or forecast guidance relating to atmospheric 
     composition, including particulate and air quality data, and 
     aviation safety;
       (vi) areas of concern regarding operational continuity and 
     reliability of the system, which may include needs for on-
     night staff, particularly in remote and rural areas and areas 
     where system failure would have the greatest negative impact 
     to the community;
       (vii) stewardship, data handling, data distribution, and 
     product generation needs arising from upgrading and changing 
     the automated surface observation systems;
       (viii) possible solutions for areas of concern identified 
     under clause (vi), including with respect to the potential 
     use of backup systems, power and communication system 
     reliability, staffing needs and personnel location, and the 
     acquisition of critical component backups and proper storage 
     location to ensure rapid system repair necessary to ensure 
     system operational continuity; and
       (ix) research, development, and transition to operations 
     needed to develop advanced data collection, quality control, 
     and distribution so that the data are provided to models, 
     users, and decision support systems in a timely manner; and
       (B) develop and implement a plan that addresses the 
     findings of the assessment conducted under subparagraph (A), 
     including by seeking and allocating resources necessary to 
     ensure that system upgrades are standardized across the 
     Administration, the Federal Aviation Administration, and the 
     Department of Defense to the extent practicable.
       (2) Standardization.--Any system standardization 
     implemented under paragraph (1)(B) shall not impede 
     activities to upgrade or improve individual units of the 
     system.
       (3) Remote automatic weather station coordination.--The 
     Under Secretary, in collaboration with relevant Federal 
     agencies and the National Interagency Fire Center, shall 
     assess and develop cooperative agreements to improve 
     coordination, interoperability standards, operations, and 
     placement of remote automatic weather stations for the 
     purpose of improving utility and coverage of

[[Page S6012]]

     remote automatic weather stations, automated surface 
     observation systems, smoke monitoring platforms, and other 
     similar stations and systems for weather and climate 
     operations.
       (b) Report to Congress.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Under Secretary, in 
     collaboration with the Administrator of the Federal Aviation 
     Administration and the Secretary of Defense, shall submit to 
     the appropriate committees of Congress a report that--
       (A) details the findings of the assessment required by 
     subparagraph (A) of subsection (a)(1); and
       (B) the plan required by subparagraph (B) of such 
     subsection.
       (2) Elements.--The report required by paragraph (1) shall 
     include a detailed assessment of appropriations required--
       (A) to address the findings of the assessment required by 
     subparagraph (A) of subsection (a)(1); and
       (B) to implement the plan required by subparagraph (B) of 
     such subsection.
       (c) Government Accountability Office Report.--Not later 
     than 4 years after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report that--
       (1) evaluates the functionality, utility, reliability, and 
     operational status of the automated surface observing system 
     across the Administration, the Federal Aviation 
     Administration, and the Department of Defense;
       (2) evaluates the progress, performance, and implementation 
     of the plan required by subsection (a)(1)(B);
       (3) assesses the efficacy of cross-agency collaboration and 
     stakeholder engagement in carrying out the plan and provides 
     recommendations to improve such activities;
       (4) evaluates the operational continuity and reliability of 
     the system, particularly in remote and rural areas and areas 
     where system failure would have the greatest negative impact 
     to the community, and provides recommendations to improve 
     such continuity and reliability;
       (5) assesses Federal coordination regarding the remote 
     automatic weather station network, air resource advisors, and 
     other Federal observing assets used for weather and climate 
     modeling and response activities, and provides 
     recommendations for improvements; and
       (6) includes such other recommendations as the Comptroller 
     General determines are appropriate to improve the system.

     SEC. 5712. EMERGENCY RESPONSE ACTIVITIES.

       (a) Definitions.--In this section:
       (1) Basic pay.--The term ``basic pay'' includes any 
     applicable locality-based comparability payment under section 
     5304 of title 5, United States Code, any applicable special 
     rate supplement under section 5305 of such title, or any 
     equivalent payment under a similar provision of law.
       (2) Covered employee.--The term ``covered employee'' means 
     an employee of the Department of Commerce.
       (3) Covered services.--The term ``covered services'' means 
     services performed by a covered employee while serving as an 
     incident meteorologist accompanying a wildland firefighter 
     crew.
       (4) Employee.--The term ``employee'' has the meaning given 
     that term in section 2105 of title 5, United States Code.
       (5) Premium pay.--The term ``premium pay'' means premium 
     pay for the purposes of section 5547(a) of title 5, United 
     States Code.
       (b) Waiver.--
       (1) In general.--Any premium pay received by a covered 
     employee for covered services shall be disregarded in 
     calculating the aggregate of the basic pay and premium pay 
     for the covered employee for purposes of applying the 
     limitation on premium pay under section 5547(a) of title 5, 
     United States Code.
       (2) Limitation.--A covered employee may be paid premium pay 
     that is disregarded under paragraph (1) only to the extent 
     that the aggregate of the basic pay and premium pay paid to 
     that covered employee in the applicable calendar year, 
     including premium pay that is disregarded under that 
     paragraph, does not exceed the rate of basic pay for a 
     position at level II of the Executive Schedule under section 
     5313 of title 5, United States Code, as in effect at the end 
     of that calendar year.
       (c) Application.--If the application of subsection (b) 
     results in the payment of additional pay to a covered 
     employee of a type that is normally creditable as basic pay 
     for retirement or any other purpose, that additional pay 
     shall not--
       (1) be considered to be basic pay of the covered employee 
     for any purpose; or
       (2) be used in computing a lump-sum payment to the covered 
     employee for accumulated and accrued annual leave under 
     section 5551 or 5552 of title 5, United States Code.
       (d) Amendment.--Section 5542(a)(5) of title 5, United 
     States Code, is amended by inserting ``, the Department of 
     Commerce,'' after ``Interior''.
       (e) Effective Date.--This section and the amendment made by 
     this section shall take effect as if enacted on January 1, 
     2020.
       (f) Policies and Procedures for Health, Safety, and Well-
     being.--The Under Secretary shall maintain polices and 
     procedures to promote the health, safety, and well-being of 
     covered employees.

     SEC. 5713. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 
                   INTERAGENCY WILDFIRE FORECASTING, PREVENTION, 
                   PLANNING, AND MANAGEMENT BODIES.

       Not later than 1 year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report that--
       (1) identifies all Federal interagency bodies established 
     for the purpose of wildfire forecasting, prevention, 
     planning, and management (such as wildfire councils, 
     commissions, and workgroups), including--
       (A) the Wildland Fire Leadership Council;
       (B) the National Interagency Fire Center;
       (C) the Wildland Fire Management Policy Committee;
       (D) the Wildland Fire Mitigation and Management Commission;
       (E) the Joint Science Fire Program;
       (F) the National Interagency Coordination Center;
       (G) the National Predictive Services Oversight Group;
       (H) the Interagency Council for Advancing Meteorological 
     Services;
       (I) the National Wildfire Coordinating Group;
       (J) the National Multi-Agency Coordinating Group; and
       (K) the Mitigation Framework Leadership Group;
       (2) evaluates the roles, functionality, and utility of such 
     interagency bodies;
       (3) evaluates the progress, performance, and implementation 
     of such interagency bodies;
       (4) assesses efficacy and identifies potential overlap and 
     duplication of such interagency bodies in carrying out 
     interagency collaboration with respect to wildfire 
     prevention, planning, and management; and
       (5) includes such other recommendations as the Comptroller 
     General determines are appropriate to streamline and improve 
     wildfire forecasting, prevention, planning, and management, 
     including recommendations regarding the interagency bodies 
     for which the addition of the Administration is necessary to 
     improve wildfire forecasting, prevention, planning, and 
     management.

     SEC. 5714. AMENDMENTS TO INFRASTRUCTURE INVESTMENT AND JOBS 
                   ACT RELATING TO WILDFIRE MITIGATION.

       The Infrastructure Investment and Jobs Act (Public Law 117-
     58; 135 Stat. 429) is amended--
       (1) in section 70202--
       (A) in paragraph (1)--
       (i) in subparagraph (J), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (K), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(L) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(M) the Committee on Science, Space, and Technology of 
     the House of Representatives.''; and
       (B) in paragraph (6)--
       (i) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) The Secretary of Commerce, acting through the Under 
     Secretary of Commerce for Oceans and Atmosphere.''; and
       (2) in section 70203(b)(1)(B)--
       (A) in the matter preceding clause (i), by striking ``9'' 
     and inserting ``not fewer than 10'';
       (B) in clause (i)--
       (i) in subclause (IV), by striking ``; and'' and inserting 
     a semicolon;
       (ii) in subclause (V), by adding ``and'' at the end; and
       (iii) by adding at the end the following:

       ``(VI) the National Oceanic and Atmospheric 
     Administration.'';

       (C) in clause (iv), by striking ``; and'' and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(vi) if the Secretaries determine it to be appropriate, 1 
     or more representatives from the relevant line offices of the 
     National Oceanic and Atmospheric Administration; and''.

     SEC. 5715. WILDFIRE TECHNOLOGY MODERNIZATION AMENDMENTS.

       Section 1114 of the John D. Dingell, Jr. Conservation, 
     Management, and Recreation Act (43 U.S.C. 1748b-1) is 
     amended--
       (1) in subsection (c)(3), by inserting ``the National 
     Oceanic and Atmospheric Administration,'' after ``Federal 
     Aviation Administration,'';
       (2) in subsection (e)(2)--
       (A) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (B) by inserting after subparagraph (A) the following:
       ``(B) Consultation.--
       ``(i) In general.--In carrying out subparagraph (A), the 
     Secretaries shall consult with the Under Secretary of 
     Commerce for Oceans and Atmosphere regarding any development 
     of impact-based decision support services that relate to 
     wildlife-related activities of the National Oceanic and 
     Atmospheric Administration.
       ``(ii) Definition of impact-based decision support 
     services.--In this subparagraph, the term `impact-based 
     decision support services' means forecast advice and 
     interpretative services the National Oceanic and Atmospheric 
     Administration provides to help core partners, such as 
     emergency personnel and public safety officials, make 
     decisions when weather, water, and climate impact the lives 
     and livelihoods of the people of the United States.''; and

[[Page S6013]]

       (3) in subsection (f)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and moving such 
     subparagraphs, as so redesignated, 2 ems to the right;
       (B) by striking ``The Secretaries'' and inserting the 
     following:
       ``(1) In general.--The Secretaries''; and
       (C) by adding at the end the following:
       ``(2) Collaboration.--In carrying out paragraph (1), the 
     Secretaries shall collaborate with the Under Secretary of 
     Commerce for Oceans and Atmosphere to improve coordination, 
     utility of systems and assets, and interoperability of data 
     for smoke prediction, forecasting, and modeling.''.

     SEC. 5716. COOPERATION; COORDINATION; SUPPORT TO NON-FEDERAL 
                   ENTITIES.

       (a) Cooperation.--Each Federal agency shall cooperate and 
     coordinate with the Under Secretary, as appropriate, in 
     carrying out this title and the amendments made by this 
     title.
       (b) Coordination.--
       (1) In general.--In meeting the requirements under this 
     title and the amendments made by this title, the Under 
     Secretary shall coordinate, and as appropriate, establish 
     agreements with Federal and external partners to fully use 
     and leverage existing assets, systems, networks, 
     technologies, and sources of data.
       (2) Inclusions.--Coordination carried out under paragraph 
     (1) shall include coordination with--
       (A) the National Interagency Fire Center, including the 
     Predictive Services Program that provides impact-based 
     decision support services to the wildland fire community at 
     the Geographic Area Coordination Center and the National 
     Interagency Coordination Center;
       (B) the National Wildfire Coordinating Group; and
       (C) relevant interagency bodies identified in the report 
     required by section 5713.
       (3) Consultation.--In carrying out this subsection, the 
     Under Secretary shall consult with Federal partners.
       (c) Coordination With Non-Federal Entities.--Not later than 
     540 days after the date of the enactment of this Act, the 
     Under Secretary shall develop and submit to the appropriate 
     committees of Congress a process for annual coordination with 
     Tribal, State, and local governments to assist the 
     development of improved fire weather products and services.
       (d) Support to Non-Federal Entities.--In carrying out the 
     activities under this title and the amendments made by this 
     title, the Under Secretary may provide support to non-Federal 
     entities by making funds and resources available through--
       (1) competitive grants;
       (2) contracts under the mobility program under subchapter 
     VI of chapter 33 of title 5, United States Code (commonly 
     referred to as the ``Intergovernmental Personnel Act Mobility 
     Program'');
       (3) cooperative agreements; and
       (4) colocation agreements as described in section 502 of 
     the National Oceanic and Atmospheric Administration 
     Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C. 
     851 note prec.).

     SEC. 5717. INTERNATIONAL COORDINATION.

       (a) In General.--The Under Secretary may develop 
     collaborative relationships and agreements with foreign 
     partners and counterparts to address transboundary issues 
     pertaining to wildfires, fire weather, smoke, air quality, 
     and associated conditions and hazards or other relevant 
     meteorological phenomena, as appropriate, to facilitate full 
     and open exchange of data and information.
       (b) Consultation.--In carrying out activities under this 
     section, the Under Secretary shall consult with the 
     Department of State and such other Federal partners as the 
     Under Secretary considers relevant.

     SEC. 5718. SUBMISSIONS TO CONGRESS REGARDING THE FIRE WEATHER 
                   SERVICES PROGRAM, INCIDENT METEOROLOGIST 
                   WORKFORCE NEEDS, AND NATIONAL WEATHER SERVICE 
                   WORKFORCE SUPPORT.

       (a) Report to Congress.--Not later than 540 days after the 
     date of the enactment of this Act, the Under Secretary shall 
     submit to the appropriate committees of Congress--
       (1) the plan described in subsection (b);
       (2) the assessment described in subsection (c); and
       (3) the assessment described in subsection (d).
       (b) Fire Weather Services Program Plan.--
       (1) Elements.--The plan submitted under subsection (a)(1) 
     shall detail--
       (A) the observational data, modeling requirements, ongoing 
     computational needs, research, development, and technology 
     transfer activities, data management, skilled-personnel 
     requirements, engagement with relevant Federal emergency and 
     land management agencies and partners, and corresponding 
     resources and timelines necessary to achieve the functions 
     described in subsection (b) of section 5703 and the 
     priorities described in subsection (c) of such section; and
       (B) plans and needs for all other activities and 
     requirements under this title and the amendments made by this 
     title.
       (2) Submittal of annual budget for plan.--Following 
     completion of the plan submitted under subsection (a)(1), the 
     Under Secretary shall, not less frequently than once each 
     year concurrent with the submission of the budget by the 
     President to Congress under section 1105 of title 31, United 
     States Code, submit to Congress a proposed budget 
     corresponding with the elements detailed in the plan.
       (c) Incident Meteorologist Workforce Needs Assessment.--
       (1) In general.--The Under Secretary shall conduct a 
     workforce needs assessment on the current and future demand 
     for additional incident meteorologists for wildfires and 
     other high-impact fire weather events.
       (2) Elements.--The assessment required by paragraph (1) 
     shall include the following:
       (A) A description of staffing levels as of the date on 
     which the assessment is submitted under subsection (a)(2) and 
     projected future staffing levels.
       (B) An assessment of the state of the infrastructure of the 
     National Weather Service as of the date on which the 
     assessment is submitted and future needs of such 
     infrastructure in order to meet current and future demands, 
     including with respect to information technology support and 
     logistical and administrative operations.
       (3) Considerations.--In conducting the assessment required 
     by paragraph (1), the Under Secretary shall consider factors 
     including projected climate conditions, infrastructure, 
     relevant hazard meteorological response system equipment, 
     user needs, and feedback from relevant stakeholders.
       (d) Support Services Assessment.--
       (1) In general.--The Under Secretary shall conduct a 
     workforce support services assessment with respect to 
     employees of the National Weather Service engaged in 
     emergency response.
       (2) Elements.--The assessment required by paragraph (1) 
     shall include the following:
       (A) An assessment of need for further support of employees 
     of the National Weather Service engaged in emergency response 
     through services provided by the Public Health Service.
       (B) A detailed assessment of appropriations required to 
     secure the level of support services needed as identified in 
     the assessment described in subparagraph (A).
       (3) Additional support services.--Following the completion 
     of the assessment required by paragraph (1), the Under 
     Secretary shall seek to acquire additional support services 
     to meet the needs identified in the assessment.

     SEC. 5719. GOVERNMENT ACCOUNTABILITY OFFICE REPORT; FIRE 
                   SCIENCE AND TECHNOLOGY WORKING GROUP; STRATEGIC 
                   PLAN.

       (a) Government Accountability Office Report.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report that identifies--
       (1) the authorities, roles, and science and support 
     services relating to wildland fire prediction, detection, 
     forecasting, modeling, resilience, response, management, and 
     assessment provided by--
       (A) the Department of Commerce, including the 
     Administration and the National Institute of Standards and 
     Technology;
       (B) the National Aeronautics and Space Administration;
       (C) the Department of the Interior;
       (D) the Department of Agriculture;
       (E) the National Science Foundation;
       (F) the Department of Energy;
       (G) the Federal Emergency Management Agency;
       (H) the Department of Transportation;
       (I) the Environmental Protection Agency; and
       (J) the Department of Defense; and
       (2) recommended areas in and mechanisms by which the 
     agencies listed under paragraph (1) could support and 
     improve--
       (A) coordination between Federal agencies, State and local 
     governments, Tribal governments, and other relevant 
     stakeholders, including through examination of possible 
     public-private partnerships;
       (B) research and development, including interdisciplinary 
     research, related to fire environments, wildland fires, 
     associated smoke, and the impacts of such environments, 
     fires, and smoke, in furtherance of a coordinated interagency 
     effort to address wildland fire risk reduction;
       (C) data management and stewardship, the development and 
     coordination of data systems and computational tools, and the 
     creation of a centralized, integrated data collaboration 
     environment for agency data, including historical data, 
     relating to weather, fire environments, wildland fires, 
     associated smoke, and the impacts of such environments, 
     fires, and smoke, and the assessment of wildland fire risk 
     mitigation measures;
       (D) interoperability, usability, and accessibility of the 
     scientific data, data systems, and computational and 
     information tools of the agencies listed under paragraph (1);
       (E) coordinated public safety communications relating to 
     fire weather events, fire hazards, and wildland fire and 
     smoke risk reduction strategies; and
       (F) secure and accurate real-time data, alerts, and 
     advisories to wildland firefighters and other decision 
     support tools for wildland fire incident command posts.
       (b) Fire Science and Technology Working Group.--
       (1) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Executive Director of the 
     Interagency Committee for Advancing Weather Services 
     established under section 402 of the Weather Research and 
     Forecasting Innovation Act of 2017 (15 U.S.C. 8542) (in this 
     section referred to as the ``Interagency Committee'') shall 
     establish a working group, to be known as the ``Fire Science 
     and Technology Working

[[Page S6014]]

     Group'' (in this section referred to as the ``Working 
     Group'').
       (2) Chair.--The Working Group shall be chaired by the Under 
     Secretary, or designee.
       (3) General duties.--
       (A) In general.--The Working Group shall seek to build 
     efficiencies among the agencies listed under subsection 
     (a)(1) and coordinate the planning and management of science, 
     research, technology, and operations related to science and 
     support services for wildland fire prediction, detection, 
     forecasting, modeling, resilience, response, management, and 
     assessments.
       (B) Input.--The Working Group shall solicit input from non-
     Federal stakeholders.
       (c) Strategic Plan.--
       (1) In general.--Not later than 540 days after the date of 
     the enactment of this Act, the Interagency Committee shall 
     prepare and submit to the appropriate committees of Congress, 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate, and the Committee on Agriculture of the House of 
     Representatives, a strategic plan for interagency 
     coordination, research, and development that will improve the 
     assessment of fire environments and the understanding and 
     prediction of wildland fires, associated smoke, and the 
     impacts of such fires and smoke, including--
       (A) at the wildland-urban interface;
       (B) on communities, buildings, and other infrastructure;
       (C) on ecosystem services and watersheds;
       (D) social and economic impacts;
       (E) by developing and encouraging the adoption of science-
     based and cost-effective measures--
       (i) to enhance community resilience to wildland fires;
       (ii) to address and mitigate the impacts of wildland fire 
     and associated smoke; and
       (iii) to restore natural fire regimes in fire-dependent 
     ecosystems;
       (F) by improving the understanding and mitigation of the 
     effects of weather and long-term drought on wildland fire 
     risk, frequency, and severity;
       (G) through integrations of social and behavioral sciences 
     in public safety fire communication;
       (H) by improving the forecasting and understanding of 
     prescribed fires and the impacts of such fires, and how those 
     impacts may differ from impacts of wildland fires that 
     originate from an unplanned ignition; and
       (I) consideration and adoption of any recommendations 
     included in the report required by subsection (a) pursuant to 
     paragraph (2) of such subsection.
       (2) Plan elements.--The strategic plan required by 
     paragraph (1) shall include the following:
       (A) A description of the priorities and needs of vulnerable 
     populations.
       (B) A description of high-performance computing, 
     visualization, and dissemination needs.
       (C) A timeline and guidance for implementation of--
       (i) an interagency data sharing system for data relevant to 
     performing fire assessments and modeling fire risk and fire 
     behavior;
       (ii) a system for ensuring that the fire prediction models 
     of relevant agencies can be interconnected; and
       (iii) to the maximum extent practicable, any 
     recommendations included in the report required by subsection 
     (a).
       (D) A plan for incorporating and coordinating research and 
     operational observations, including from infrared 
     technologies, microwave, radars, satellites, mobile weather 
     stations, and uncrewed aerial systems.
       (E) A flexible framework to communicate clear and simple 
     fire event information to the public.
       (F) Integration of social, behavioral, risk, and 
     communication research to improve the fire operational 
     environment and societal information reception and response.

     SEC. 5720. FIRE WEATHER RATING SYSTEM.

       (a) In General.--The Under Secretary shall, in 
     collaboration with the Chief of the United States Forest 
     Service, the Director of the United States Geological Survey, 
     the Director of the National Park Service, the Administrator 
     of the Federal Emergency Management Agency, and such 
     stakeholders as the Under Secretary considers appropriate--
       (1) evaluate the system used as of the date of the 
     enactment of this Act to rate the risk of wildfire; and
       (2) determine whether updates to that system are required 
     to ensure that the ratings accurately reflect the severity of 
     fire risk.
       (b) Update Required.--If the Under Secretary determines 
     under subsection (a) that updates to the system described in 
     paragraph (1) of such subsection are necessary, the Under 
     Secretary shall update that system.

     SEC. 5721. AVOIDANCE OF DUPLICATION.

       (a) In General.--The Under Secretary shall ensure, to the 
     greatest extent practicable, that activities carried out 
     under this title and the amendments made by this title are 
     not duplicative of activities supported by other parts of the 
     Administration or other relevant Federal agencies.
       (b) Coordination.--In carrying out activities under this 
     title and the amendments made by this title, the Under 
     Secretary shall coordinate with the Administration and heads 
     of other Federal research agencies--
       (1) to ensure those activities enhance and complement, but 
     do not constitute unnecessary duplication of, efforts; and
       (2) to ensure the responsible stewardship of funds.

     SEC. 5722. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to amounts appropriated under 
     title VIII of division D of the Infrastructure Investment and 
     Jobs Act (Public Law 117-58; 135 Stat. 1094), there are 
     authorized to be appropriated to the Administration to carry 
     out new policies and programs to address fire weather under 
     this title and the amendments made by this title--
       (1) $15,000,000 for fiscal year 2023;
       (2) $111,360,000 for fiscal year 2024;
       (3) $116,928,000 for fiscal year 2025;
       (4) $122,774,400 for fiscal year 2026; and
       (5) $128,913,120 for fiscal year 2027.
       (b) Prohibition.--None of the amounts authorized to be 
     appropriated by subsection (a) may be used to unnecessarily 
     duplicate activities funded under title VIII of division D of 
     the Infrastructure Investment and Jobs Act (Public Law 117-
     58; 135 Stat. 1094).

 TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS

     SEC. 5801. SHORT TITLE.

       This title may be cited as the ``Learning Excellence and 
     Good Examples from New Developers Act of 2022'' or the 
     ``LEGEND Act of 2022''.

     SEC. 5802. DEFINITIONS.

       In this title:
       (1) Administration.--The term ``Administration'' means the 
     National Oceanic and Atmospheric Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Under Secretary of Commerce for Oceans and Atmosphere and 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (3) Earth prediction innovation center.--The term ``Earth 
     Prediction Innovation Center'' means the community global 
     weather research modeling system described in paragraph 
     (5)(E) of section 102(b) of the Weather Research Forecasting 
     and Innovation Act of 2017 (15 U.S.C. 8512(b)), as 
     redesignated by section 5804(g).
       (4) Model.--The term ``model'' means any vetted numerical 
     model and associated data assimilation of the Earth's system 
     or its components--
       (A) developed, in whole or in part, by scientists and 
     engineers employed by the Administration; or
       (B) otherwise developed using Federal funds.
       (5) Operational model.--The term ``operational model'' 
     means any model that has an output used by the Administration 
     for operational functions.
       (6) Suitable model.--The term ``suitable model'' means a 
     model that meets the requirements described in paragraph 
     (5)(E)(ii) of section 102(b) of the Weather Research 
     Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), 
     as redesignated by section 5804(g), as determined by the 
     Administrator.

     SEC. 5803. PURPOSES.

       The purposes of this title are--
       (1) to support innovation in modeling by allowing 
     interested stakeholders to have easy and complete access to 
     the models used by the Administration, as the Administrator 
     determines appropriate; and
       (2) to use vetted innovations arising from access described 
     in paragraph (1) to improve modeling by the Administration.

     SEC. 5804. PLAN AND IMPLEMENTATION OF PLAN TO MAKE CERTAIN 
                   MODELS AND DATA AVAILABLE TO THE PUBLIC.

       (a) In General.--The Administrator shall develop and 
     implement a plan to make available to the public the 
     following:
       (1) Operational models developed by the Administration.
       (2) Models that are not operational models, including 
     experimental and developmental models, as the Administrator 
     determines appropriate.
       (3) Applicable information and documentation for models 
     described in paragraphs (1) and (2).
       (4) Subject to section 5807, all data owned by the Federal 
     Government and data that the Administrator has the legal 
     right to redistribute that are associated with models made 
     available to the public pursuant to the plan and used in 
     operational forecasting by the Administration, including--
       (A) relevant metadata;
       (B) data used for operational models used by the 
     Administration as of the date of the enactment of this Act; 
     and
       (C) a description of intended model outputs.
       (b) Accommodations.--In developing and implementing the 
     plan under subsection (a), the Administrator may make such 
     accommodations as the Administrator considers appropriate to 
     ensure that the public release of any model, information, 
     documentation, or data pursuant to the plan does not 
     jeopardize--
       (1) national security;
       (2) intellectual property or redistribution rights, 
     including under titles 17 and 35, United States Code;
       (3) any trade secret or commercial or financial information 
     subject to section 552(b)(4) of title 5, United States Code;
       (4) any models or data that are otherwise restricted by 
     contract or other written agreement; or
       (5) the mission of the Administration to protect lives and 
     property.
       (c) Priority.--In developing and implementing the plan 
     under subsection (a), the

[[Page S6015]]

     Administrator shall prioritize making available to the public 
     the models described in subsection (a)(1).
       (d) Protections for Privacy and Statistical Information.--
     In developing and implementing the plan under subsection (a), 
     the Administrator shall ensure that all requirements 
     incorporated into any models described in subsection (a)(1) 
     ensure compliance with statistical laws and other relevant 
     data protection requirements, including the protection of any 
     personally identifiable information.
       (e) Exclusion of Certain Models.--In developing and 
     implementing the plan under subsection (a), the Administrator 
     may exclude models that the Administrator determines will be 
     retired or superseded in fewer than 5 years after the date of 
     the enactment of this Act.
       (f) Platforms.--In carrying out subsections (a) and (b), 
     the Administrator may use government servers, contracts or 
     agreements with a private vendor, or any other platform 
     consistent with the purpose of this title.
       (g) Support Program.--The Administrator shall plan for and 
     establish a program to support infrastructure, including 
     telecommunications and technology infrastructure of the 
     Administration and the platforms described in subsection (f), 
     relevant to making operational models and data available to 
     the public pursuant to the plan under subsection (a).
       (h) Technical Correction.--Section 102(b) of the Weather 
     Research Forecasting and Innovation Act of 2017 (15 U.S.C. 
     8512(b)) is amended by redesignating the second paragraph (4) 
     (as added by section 4(a) of the National Integrated Drought 
     Information System Reauthorization Act of 2018 (Public Law 
     115-423; 132 Stat. 5456)) as paragraph (5).

     SEC. 5805. REQUIREMENT TO REVIEW MODELS AND LEVERAGE 
                   INNOVATIONS.

       The Administrator shall--
       (1) consistent with the mission of the Earth Prediction 
     Innovation Center, periodically review innovations and 
     improvements made by persons outside the Administration to 
     the operational models made available to the public pursuant 
     to the plan under section 5804(a) in order to improve the 
     accuracy and timeliness of forecasts of the Administration; 
     and
       (2) if the Administrator identifies an innovation for a 
     suitable model, develop and implement a plan to use the 
     innovation to improve the model.

     SEC. 5806. REPORT ON IMPLEMENTATION.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator shall submit to 
     the appropriate congressional committees a report on the 
     implementation of this title that includes a description of--
       (1) the implementation of the plan required by section 
     5804;
       (2) the process of the Administration under section 5805--
       (A) for engaging with interested stakeholders to learn what 
     innovations those stakeholders have found;
       (B) for reviewing those innovations; and
       (C) for operationalizing innovations to improve suitable 
     models.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (2) the Committee on Science, Space, and Technology and the 
     Committee on Appropriations of the House of Representatives.

     SEC. 5807. PROTECTION OF NATIONAL SECURITY INTERESTS.

       (a) In General.--Notwithstanding any other provision of 
     this title, the Administrator, in consultation with the 
     Secretary of Defense, as appropriate, may withhold any model 
     or data if the Administrator determines doing so to be 
     necessary to protect the national security interests of the 
     United States.
       (b) Rule of Construction.--Nothing in this title shall be 
     construed to supersede any other provision of law governing 
     the protection of the national security interests of the 
     United States.

     SEC. 5808. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $2,000,000 for each of fiscal years 2023 
     through 2027.
       (b) Derivation of Funds.--Funds to carry out this section 
     shall be derived from amounts authorized to be appropriated 
     to the National Weather Service that are enacted after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 6437. Ms. CANTWELL (for herself 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:

        Strike title XXXV and insert the following:

                      TITLE XXXV--MARITIME MATTERS

   Subtitle A--Short Title; Authorization of Appropriations for the 
                        Maritime Administration

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Maritime Administration 
     Authorization Act for Fiscal Year 2023''.

     SEC. 3502. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME 
                   ADMINISTRATION.

       (a) Maritime Administration.--There are authorized to be 
     appropriated to the Department of Transportation for fiscal 
     year 2023, for programs associated with maintaining the 
     United States Merchant Marine, the following amounts:
       (1) For expenses necessary to support the United States 
     Merchant Marine Academy, $112,848,000, of which--
       (A) $87,848,000 shall be for Academy operations;
       (B) $22,000,000 shall be for facilities maintenance and 
     repair and equipment; and
       (C) $3,000,000 shall be for training, staffing, retention, 
     recruiting, and contract management for United States 
     Merchant Marine Academy capital improvement projects.
       (2) For expenses necessary to support the State maritime 
     academies, $80,700,000, of which--
       (A) $2,400,000 shall be for the Student Incentive Program;
       (B) $6,000,000 shall be for direct payments for State 
     maritime academies;
       (C) $6,800,000 shall be for training ship fuel assistance;
       (D) $8,080,000 shall be for offsetting the costs of 
     training ship sharing; and
       (E) $30,500,000 shall be for maintenance and repair of 
     State maritime academy training vessels.
       (3) For expenses necessary to support the National Security 
     Multi-Mission Vessel Program, including funds for 
     construction and necessary expenses to construct shoreside 
     infrastructure to support such vessels, $75,000,000.
       (4) For expenses necessary to support Maritime 
     Administration operations and programs, $101,250,000, of 
     which--
       (A) $15,000,000 shall be for the Maritime Environmental and 
     Technical Assistance program authorized under section 50307 
     of title 46, United States Code;
       (B) $14,819,000 shall be for the Marine Highways Program, 
     including to make grants as authorized under section 55601 of 
     title 46, United States Code; and
       (C) $67,433,000 shall be for headquarters operations 
     expenses.
       (5) For expenses necessary for the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $6,000,000.
       (6) For expenses necessary to maintain and preserve a fleet 
     of merchant vessels documented under chapter 121 of title 46, 
     United States Code, to serve the national security needs of 
     the United States, as authorized under chapter 531 of title 
     46, United States Code, $318,000,000.
       (7) For expenses necessary for the loan guarantee program 
     authorized under chapter 537 of title 46, United States Code, 
     $33,000,000, of which--
       (A) $30,000,000 may be for the cost (as defined in section 
     502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5))) of loan guarantees under the program; and
       (B) $3,000,000 may be used for administrative expenses 
     relating to loan guarantee commitments under the program.
       (8) For expenses necessary to provide assistance to small 
     shipyards and for maritime training programs authorized under 
     section 54101 of title 46, United States Code, $40,000,000.
       (9) For expenses necessary to implement the Port 
     Infrastructure Development Program, as authorized under 
     section 54301 of title 46, United States Code, $750,000,000, 
     to remain available until expended, except that no such funds 
     authorized under this title for this program may be used to 
     provide a grant to purchase fully automated cargo handling 
     equipment that is remotely operated or remotely monitored 
     with or without the exercise of human intervention or 
     control, if the Secretary of Transportation determines such 
     equipment would result in a net loss of jobs within a port or 
     port terminal. If such a determination is made, the data and 
     analysis for such determination shall be reported to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives not later than 3 days after 
     the date of the determination.
       (b) Availability of Amounts.--Amounts appropriated--
       (1) pursuant to the authority provided in paragraphs 
     (1)(A), (2)(A), and (4)(A) of subsection (a) shall remain 
     available through September 30, 2023; and
       (2) pursuant to the authority provided in paragraphs 
     (1)(B), (1)(C), (2)(B), (2)(C), (2)(D), (2)(E), (3), (4)(B), 
     (4)(C), (5), (6), (7)(A), (7)(B), (8), and (9) of subsection 
     (a) shall remain available without fiscal year limitation.
       (c) Tanker Security Fleet.--
       (1) Funding.--Section 53411 of title 46, United States 
     Code, is amended by striking ``$60,000,000'' and inserting 
     ``$120,000,000''.
       (2) Increase in number of vessels.--Section 53403(c) of 
     title 46, United States Code, is amended by striking ``10'' 
     and inserting ``20''.

[[Page S6016]]

       (d) State Maritime Academy Pier-side Improvements.--The 
     Administrator of the Maritime Administration may use funds 
     appropriated for the National Security Multi-Mission Vessel 
     Program to directly reimburse State maritime academies, State 
     governments, or other entities for pier-side improvements 
     related to the National Security Multi-Mission Vessel 
     Program, including--
       (1) costs of State maritime academy or State-funded 
     equipment and projects directly related to pier improvements 
     required to accommodate the National Security Multi-Mission 
     Vessel; and
       (2) costs of any equipment procured and projects initiated 
     prior to formal agreement with the Maritime Administration 
     that were required in order to ensure timely completion of 
     all pier improvements prior to delivery of a National 
     Security Multi-Mission Vessel.

                     Subtitle B--General Provisions

     SEC. 3511. STUDY TO INFORM A NATIONAL MARITIME STRATEGY.

       (a) In General.--The Secretary of Transportation and the 
     Secretary of the department in which the Coast Guard is 
     operating shall enter into an agreement with a studies and 
     analysis federally funded research and development center 
     under which such federally funded research and development 
     center shall conduct a study of the key elements and 
     objectives needed for a national maritime strategy. The 
     strategy shall address national objectives, as described in 
     section 50101 of title 46, United States Code, to ensure--
       (1) a capable, commercially viable, militarily useful fleet 
     of a sufficient number of merchant vessels documented under 
     chapter 121 of title 46, United States Code;
       (2) a robust United States mariner workforce, as described 
     in section 50101 of title 46, United States Code;
       (3) strong United States domestic shipbuilding 
     infrastructure, and related shipbuilding trades amongst 
     skilled workers in the United States; and
       (4) that the Navy Fleet Auxiliary Force, the National 
     Defense Reserve Fleet, the Military Sealift Command, the 
     Maritime Security Program under chapter 531 of title 46, 
     United States Code, the Tanker Security Program under chapter 
     534 of title 46, United States Code, and the Cable Security 
     Program under chapter 532 of title 46, United States Code, 
     currently meet the economic and national security needs of 
     the United States and would reliably continue to meet those 
     needs under future economic or national security emergencies.
       (b) Input.--In carrying out the study, the federally funded 
     research and development center shall solicit input from--
       (1) relevant Federal departments and agencies;
       (2) nongovernmental organizations;
       (3) United States companies;
       (4) maritime labor organizations;
       (5) commercial industries that depend on United States 
     mariners;
       (6) domestic shipyards regarding shipbuilding and repair 
     capacity, and the associated skilled workforce, such as the 
     workforce required for transportation, offshore wind, 
     fishing, and aquaculture;
       (7) providers of maritime workforce training; and
       (8) any other relevant organizations.
       (c) Elements of the Study.--The study conducted under 
     subsection (a) shall include consultation with the Department 
     of Transportation, the Department of Defense, the Department 
     of Homeland Security, the National Oceanic and Atmospheric 
     Administration, and other relevant Federal agencies, in the 
     identification and evaluation of--
       (1) incentives, including regulatory changes, needed to 
     continue to meet the shipbuilding and ship maintenance needs 
     of the United States for commercial and national security 
     purposes, including through a review of--
       (A) the loans and guarantees program carried out under 
     chapter 537 of title 46, United States Code, and how the 
     development of new offshore commercial industries, such as 
     wind, could be supported through modification of such program 
     or other Federal programs, and thus also support the United 
     States sealift in the future;
       (B) the barriers to participation in the loans and 
     guarantees program carried out under chapter 537 of title 46, 
     United States Code, and how the program may be improved to 
     facilitate additional shipbuilding activities in the United 
     States;
       (C) the needed resources, human and financial, for such 
     incentives; and
       (D) the current and anticipated number of shipbuilding and 
     ship maintenance contracts at United States shipyards through 
     2032, to the extent practicable;
       (2) incentives, including regulatory changes, needed to 
     maintain a commercially viable United States-documented 
     fleet, which shall include--
       (A) an examination of how the preferences under section 
     2631 of title 10, United States Code, and chapter 553 of 
     title 46, United States Code, the Maritime Security Program 
     under chapter 531 of title 46, United States Code, the Tanker 
     Security Program under chapter 534 of title 46, United States 
     Code, and the Cable Security Program under chapter 532 of 
     title 46, United States Code, should be used to further 
     maintain and grow a United States-documented fleet and the 
     identification of other incentives that could be used that 
     may not be authorized at the time of the study;
       (B) an estimate of the number and type of commercial ships 
     needed over the next 30 years; and
       (C) estimates of the needed human and financial resources 
     for such incentives;
       (3) the availability of United States mariners, and future 
     needs, including--
       (A) the number of mariners needed for the United States 
     commercial and national security needs over the next 30 
     years;
       (B) the policies and programs (at the time of the study) to 
     recruit, train, and retain United States mariners to support 
     the United States maritime workforce needs during peace time 
     and at war;
       (C) how those programs could be improved to grow the number 
     of maritime workers trained each year, including how 
     potential collaboration between the uniformed services, the 
     United States Merchant Marine Academy, State maritime 
     academies, maritime labor training centers, and the Centers 
     of Excellence for Domestic Maritime Workforce Training under 
     section 51706 of title 46, United States Code, could be used 
     most effectively; and
       (D) estimates of the necessary resources, human and 
     financial, to implement such programs in each relevant 
     Federal agency over the next 30 years; and
       (4) the interaction among the elements described under 
     paragraphs (1) through (3).
       (d) Public Availability.--The study conducted under 
     subsection (a) shall be made publicly available on a website 
     of the Department of Transportation.

     SEC. 3512. NATIONAL MARITIME STRATEGY.

       (a) In General.--Not later than 6 months after the date of 
     receipt of the study conducted under section 3511, and every 
     5 years thereafter, the Secretary of Transportation, in 
     consultation with the Secretary of the department in which 
     the Coast Guard is operating and the United States 
     Transportation Command, shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a national maritime strategy.
       (b) Contents.--The strategy required under subsection (a) 
     shall--
       (1) identify--
       (A) international policies and Federal regulations and 
     policies that reduce the competitiveness of United States-
     documented vessels with foreign vessels in domestic and 
     international transportation markets; and
       (B) the impact of reduced cargo flow due to reductions in 
     the number of members of the United States Armed Forces 
     stationed or deployed outside of the United States; and
       (2) include recommendations to--
       (A) make United States-documented vessels more competitive 
     in shipping routes between United States and foreign ports;
       (B) increase the use of United States-documented vessels to 
     carry cargo imported to and exported from the United States;
       (C) ensure compliance by Federal agencies with chapter 553 
     of title 46, United States Code;
       (D) increase the use of short sea transportation routes, 
     including routes designated under section 55601(b) of title 
     46, United States Code, to enhance intermodal freight 
     movements;
       (E) enhance United States shipbuilding capability;
       (F) invest in, and identify gaps in, infrastructure needed 
     to facilitate the movement of goods at ports and throughout 
     the transportation system, including innovative physical and 
     information technologies;
       (G) enhance workforce training and recruitment for the 
     maritime workforce, including training on innovative physical 
     and information technologies;
       (H) increase the resilience of ports and the marine 
     transportation system;
       (I) increase the carriage of government-impelled cargo on 
     United States-documented vessels pursuant to chapter 553 of 
     title 46, United States Code, section 2631 of title 10, 
     United States Code, or otherwise; and
       (J) maximize the cost effectiveness of Federal funding for 
     carriage of non-defense government impelled cargo for the 
     purposes of maintaining a United States flag fleet for 
     national and economic security.
       (c) Update.--Not later than 6 months after the date of 
     receipt of the study conducted under section 3511, the 
     Secretary of Transportation, in consultation with the 
     Secretary of the department in which the Coast Guard is 
     operating and the Commander of the United States 
     Transportation Command, shall--
       (1) update the national maritime strategy required by 
     section 603 of the Howard Coble Coast Guard and Maritime 
     Transportation Act of 2014 (Public Law 113-281);
       (2) submit a report to Congress containing the updated 
     national maritime strategy; and
       (3) make the updated national maritime strategy publicly 
     available on the website of the Department of Transportation.
       (d) Implementation Plan.--Not later than 6 months after 
     completion of the updated national maritime strategy under 
     subsection (c), and after the completion of each strategy 
     thereafter, the Secretary of Transportation, in consultation 
     with the Secretary of the department in which the Coast Guard 
     is operating and the Secretary of Defense, shall publish on a 
     publicly available website an implementation plan for the 
     most recent national maritime strategy.

     SEC. 3513. NEGATIVE DETERMINATION NOTICE.

       Section 501(b)(3) of title 46, United States Code, is 
     amended--

[[Page S6017]]

       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) in the event a waiver referred to in paragraph (1) is 
     not issued, publish an explanation for not issuing such 
     waiver on the Internet Web site of the Department of 
     Transportation not later than 48 hours after notice of such 
     determination is provided to the Secretary of Transportation, 
     including applicable findings to support the 
     determination.''.

                  Subtitle C--Maritime Infrastructure

     SEC. 3521. MARINE HIGHWAYS.

       (a) Short Title.--This section may be cited as the ``Marine 
     Highway Promotion Act''.
       (b) Findings.--Congress finds the following:
       (1) Our Nation's waterways are an integral part of the 
     transportation network of the United States.
       (2) Using the Nation's coastal, inland, and other waterways 
     can support commercial transportation, can provide maritime 
     transportation options where no alternative surface 
     transportation exists, and alleviates surface transportation 
     congestion and burdensome road and bridge repair costs.
       (3) Marine highways are serviced by documented United 
     States flag vessels and manned by United States citizens, 
     providing added resources for national security and to aid in 
     times of crisis.
       (4) According to the United States Army Corps of Engineers, 
     inland navigation is a key element of economics development 
     and is essential in maintaining economic competitiveness and 
     national security.
       (c) United States Marine Highway Program.--
       (1) In general.--Section 55601 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 55601. United States Marine Highway Program

       ``(a) Program.--
       ``(1) Establishment.--The Maritime Administrator shall 
     establish a Marine Highway Program to be known as the `United 
     States Marine Highway Program'. Under such program, the 
     Maritime Administrator shall--
       ``(A) designate marine highway routes as extensions of the 
     surface transportation system under subsection (b); and
       ``(B) subject to the availability of appropriations, make 
     grants or enter into contracts or cooperative agreements 
     under subsection (c).
       ``(2) Program activities.--In carrying out the Marine 
     Highway Program established under paragraph (1), the Maritime 
     Administrator may--
       ``(A) coordinate with ports, State departments of 
     transportation, localities, other public agencies, and the 
     private sector on the development of landside facilities and 
     infrastructure to support marine highway transportation;
       ``(B) develop performance measures for such Marine Highway 
     Program;
       ``(C) collect and disseminate data for the designation and 
     delineation of marine highway routes under subsection (b); 
     and
       ``(D) conduct research on solutions to impediments to 
     marine highway services eligible for assistance under 
     subsection (c)(1).
       ``(b) Designation of Marine Highway Routes.--
       ``(1) Authority.--The Maritime Administrator may designate 
     or modify a marine highway route as an extension of the 
     surface transportation system if --
       ``(A) such a designation or modification is requested by--
       ``(i) the government of a State or territory;
       ``(ii) a metropolitan planning organization;
       ``(iii) a port authority;
       ``(iv) a non-Federal navigation district; or
       ``(v) a Tribal government; and
       ``(B) the Maritime Administrator determines such marine 
     highway route satisfies at least one covered function under 
     subsection (d).
       ``(2) Determination.--Not later than 180 days after the 
     date on which the Maritime Administrator receives a request 
     for designation or modification of a marine highway route 
     under paragraph (1), the Maritime Administrator shall make a 
     determination of whether to make the requested designation or 
     modification.
       ``(3) Notification.--Not later than 14 days after the date 
     on which the Maritime Administrator makes the determination 
     whether to make the requested designation or modification, 
     the Maritime Administrator shall send the requester a 
     notification of the determination.
       ``(4) Map.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of the Maritime Administration Authorization Act 
     for Fiscal Year 2023, and thereafter each time a marine 
     highway route is designated or modified, the Administrator 
     shall make publicly available a map showing the location of 
     marine highway routes, including such routes along the 
     coasts, in the inland waterways, and at sea.
       ``(B) Coordination.--The Administrator shall coordinate 
     with the National Oceanic and Atmospheric Administration to 
     incorporate the map into the Marine Cadastre.
       ``(c) Assistance for Marine Highway Services.--
       ``(1) In general.--The Maritime Administrator may make 
     grants to, or enter into contracts or cooperative agreements 
     with, an eligible entity to implement a marine highway 
     service or component of a marine highway service, if the 
     Administrator determines the service--
       ``(A) satisfies at least one covered function under 
     subsection (d);
       ``(B) uses vessels documented under chapter 121 of this 
     title; and
       ``(C)(i) implements strategies developed under section 
     55603; or
       ``(ii) develops, expands, or promotes--
       ``(I) marine highway transportation services; or
       ``(II) shipper utilization of marine highway 
     transportation.
       ``(2) Eligible entity.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a State, a political subdivision of a State, or a 
     local government;
       ``(B) a United States metropolitan planning organization;
       ``(C) a United States port authority;
       ``(D) a Tribal government in the United States; or
       ``(E) a United States private sector operator of marine 
     highway services or private sector owners of facilities with 
     an endorsement letter from the marine highway route sponsor 
     described in subsection (b)(1)(A).
       ``(3) Application.--
       ``(A) In general.--To be eligible to receive a grant or 
     enter into a contract or cooperative agreement under this 
     subsection to implement a marine highway service, an eligible 
     entity shall submit an application in such form and manner, 
     at such time, and containing such information as the Maritime 
     Administrator may require, including--
       ``(i) a comprehensive description of--

       ``(I) the regions to be served by the marine highway 
     service;
       ``(II) the marine highway route that the service will use, 
     which may include connection to existing or planned 
     transportation infrastructure and intermodal facilities, key 
     navigational factors such as available draft, channel width, 
     bridge air draft, or lock clearance, and any foreseeable 
     impacts on navigation or commerce, and a map of the proposed 
     route;
       ``(III) the marine highway service supporters, which may 
     include business affiliations, private sector stakeholders, 
     State departments of transportation, metropolitan planning 
     organizations, municipalities, or other governmental entities 
     (including Tribal governments), as applicable;
       ``(IV) the estimated volume of passengers, if applicable, 
     or cargo using the service, and predicted changes in such 
     volume during the 5-year period following the date of the 
     application;
       ``(V) the need for the service;
       ``(VI) the definition of the success goal for the service, 
     such as volumes of cargo or passengers moved, or contribution 
     to environmental mitigation, safety, reduced vehicle miles 
     traveled, or reduced maintenance and repair costs;
       ``(VII) the methodology for implementing the service, 
     including a description of the proposed operational framework 
     of the service including the origin, destination, and any 
     intermediate stops on the route, transit times, vessel types, 
     and service frequency; and
       ``(VIII) any existing programs or arrangements that can be 
     used to supplement or leverage assistance under the program; 
     and

       ``(ii) a demonstration, to the satisfaction of the Maritime 
     Administrator, that--

       ``(I) the marine highway service is financially viable;
       ``(II) the funds or other assistance provided under this 
     subsection will be spent or used efficiently and effectively; 
     and
       ``(III) a market exists for the services of the proposed 
     marine highway service, as evidenced by contracts or written 
     statements of intent from potential customers.

       ``(B) Pre-proposal.--Prior to accepting a full application 
     under subparagraph (A), the Maritime Administrator may 
     require that an eligible entity first submit a pre-proposal 
     that contains a brief description of the items under 
     subparagraph (A).
       ``(C) Pre-proposal feedback.--Not later than 30 days after 
     receiving a pre-proposal, the Maritime Administrator shall 
     provide feedback to the eligible entity that submitted the 
     pre-proposal to encourage or discourage the eligible entity 
     from submitting a full application. An eligible entity may 
     still submit a full application even if that eligible entity 
     is not encouraged to do so after submitting a pre-proposal.
       ``(4) Timing of grant notice.--The Maritime Administrator 
     shall post a Notice of Funding Opportunity regarding grants, 
     contracts, or cooperative agreements under this subsection 
     not more than 60 days after the date of enactment of the 
     appropriations Act for the fiscal year concerned.
       ``(5) Grant application feedback.--Following the award of 
     grants for a particular fiscal year, the Maritime 
     Administrator may provide feedback to applicants to help 
     applicants improve future applications if the feedback is 
     requested by that applicant.
       ``(6) Timing of grants.--The Maritime Administrator shall 
     award grants, contracts, or cooperative agreements under this 
     subsection not later than 270 days after the date of the 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(7) Non-federal share.--
       ``(A) In general.--An applicant shall provide not less than 
     20 percent of the costs from non-Federal sources, except as 
     provided in subparagraph (B).

[[Page S6018]]

       ``(B) Tribal and rural areas.--The Maritime Administrator 
     may increase the Federal share of service costs above 80 
     percent for a service located in a Tribal or rural area.
       ``(C) Tribal government.--The Maritime Administrator may 
     increase the Federal share of service costs above 80 percent 
     for a service benefitting a Tribal Government.
       ``(8) Reuse of unexpended grant funds.--Notwithstanding 
     paragraph (6), amounts awarded under this subsection that are 
     not expended by the recipient within 3 years after obligation 
     of funds or that are returned under paragraph (10)(C) shall 
     remain available to the Maritime Administrator to make grants 
     and enter into contracts and cooperative agreements under 
     this subsection.
       ``(9) Administrative costs.--Not more than 3 percent of the 
     total amount made available to carry out this subsection for 
     any fiscal year may be used for the necessary administrative 
     costs associated with grants, contracts, and cooperative 
     agreements made under this subsection.
       ``(10) Procedural safeguards.--The Maritime Administrator, 
     in consultation with the Office of the Inspector General, 
     shall issue guidelines to establish appropriate accounting, 
     reporting, and review procedures to ensure that--
       ``(A) amounts made available to carry out this subsection 
     are used for the purposes for which they were made available;
       ``(B) recipients of funds under this subsection (including 
     through grants, contracts, or cooperative agreements) have 
     properly accounted for all expenditures of such funds; and
       ``(C) any such funds that are not obligated or expended for 
     the purposes for which they were made available are returned 
     to the Administrator.
       ``(11) Conditions on provision of funds.--The Maritime 
     Administrator may not award funds to an applicant under this 
     subsection unless the Maritime Administrator determines 
     that--
       ``(A) sufficient funding is available to meet the non-
     Federal share requirement of paragraph (7);
       ``(B) the marine highway service for which such funds are 
     provided will be completed without unreasonable delay; and
       ``(C) the recipient of such funds has authority to 
     implement the proposed marine highway service.
       ``(d) Covered Functions.--A covered function under this 
     subsection is one of the following:
       ``(1) Promotion of marine highway transportation.
       ``(2) Provision of a coordinated and capable alternative to 
     landside transportation.
       ``(3) Mitigation or relief of landside congestion.
       ``(e) Prohibited Uses.--Funds awarded under this section 
     may not be used to--
       ``(1) raise sunken vessels, construct buildings or other 
     physical facilities, or acquire land unless such activities 
     are necessary for the establishment or operation of a marine 
     highway service implemented using grant funds provided, or 
     pursuant to a contract or cooperative agreement entered into 
     under subsection (c); or
       ``(2) improve port or land-based infrastructure outside the 
     United States.
       ``(f) Geographic Distribution.--In making grants, 
     contracts, and cooperative agreements under this section the 
     Maritime Administrator shall take such measures so as to 
     ensure an equitable geographic distribution of funds.
       ``(g) Audits and Examinations.--All recipients (including 
     recipients of grants, contracts, and cooperative agreements) 
     under this section shall maintain such records as the 
     Maritime Administrator may require and make such records 
     available for review and audit by the Maritime 
     Administrator.''.
       (2) Rules.--
       (A) Final rule.--Not later than 1 year after the date of 
     enactment of this title, the Secretary of Transportation 
     shall prescribe such final rules as are necessary to carry 
     out the amendments made by this subsection.
       (B) Interim rules.--The Secretary of Transportation may 
     prescribe temporary interim rules necessary to carry out the 
     amendments made by this subsection. For this purpose, the 
     Maritime Administrator, in prescribing rules under this 
     subparagraph, is excepted from compliance with the notice and 
     comment requirements of section 553 of title 5, United States 
     Code, prior to the effective date of the interim rules. All 
     interim rules prescribed under the authority of this 
     subparagraph shall request comment and remain in effect until 
     such time as the interim rules are superseded by a final 
     rule, following notice and comment.
       (C) Savings clause.--The requirements under section 55601 
     of title 46, United States Code, as amended by this 
     subsection, shall take effect only after the interim rule 
     described in subparagraph (B) is promulgated by the 
     Secretary.
       (d) Multistate, State, and Regional Transportation 
     Planning.--Chapter 556 of title 46, United States Code, is 
     amended by inserting after section 55602 the following:

     ``SEC. 55603. MULTISTATE, STATE, AND REGIONAL TRANSPORTATION 
                   PLANNING.

       ``(a) In General.--The Maritime Administrator, in 
     consultation with the heads of other appropriate Federal 
     departments and agencies, State and local governments, and 
     appropriate private sector entities, may develop strategies 
     to encourage the use of marine highway transportation for the 
     transportation of passengers and cargo.
       ``(b) Strategies.--If the Maritime Administrator develops 
     the strategies described in subsection (a), the Maritime 
     Administrator may--
       ``(1) assess the extent to which States and local 
     governments include marine highway transportation and other 
     marine transportation solutions in transportation planning;
       ``(2) encourage State departments of transportation to 
     develop strategies, where appropriate, to incorporate marine 
     highway transportation, ferries, and other marine 
     transportation solutions for regional and interstate 
     transport of freight and passengers in transportation 
     planning; and
       ``(3) encourage groups of States and multistate 
     transportation entities to determine how marine highway 
     transportation can address congestion, bottlenecks, and other 
     interstate transportation challenges, including the lack of 
     alternative surface transportation options.''.
       (e) Research on Marine Highway Transportation.--Section 
     55604 of title 46, United States Code, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (4) through (6), respectively; and
       (2) by inserting before paragraph (4), as redesignated by 
     paragraph (1), the following new paragraphs:
       ``(1) the economic importance of marine highway 
     transportation to the United States economy;
       ``(2) the importance of marine highway transportation to 
     rural areas, including the lack of alternative surface 
     transportation options;
       ``(3) United States regions and territories, and within-
     region areas, that do not yet have marine highway services 
     underway, but that could benefit from the establishment of 
     marine highway services;''.
       (f) Definitions.--Section 55605 of title 46, United States 
     Code, is amended to read as follows: ``

     ``Sec. 55605. Definitions

       ``In this chapter--
       ``(1) the term `marine highway transportation' means the 
     carriage by a documented vessel of cargo (including such 
     carriage of cargo and passengers), and such cargo--
       ``(A) is--
       ``(i) contained in intermodal cargo containers and loaded 
     by crane on the vessel;
       ``(ii) loaded on the vessel by means of wheeled technology, 
     including roll-on roll-off cargo;
       ``(iii) shipped in discrete units or packages that are 
     handled individually, palletized, or unitized for purposes of 
     transportation;
       ``(iv) bulk, liquid, or loose cargo loaded in tanks, holds, 
     hoppers, or on deck; or
       ``(v) freight vehicles carried aboard commuter ferry boats; 
     and
       ``(B) is--
       ``(i) loaded at a port in the United States and unloaded 
     either at another port in the United States or at a port in 
     Canada or Mexico; or
       ``(ii) loaded at a port in Canada or Mexico and unloaded at 
     a port in the United States;
       ``(2) the term `marine highway service' means a planned or 
     contemplated new service, or expansion of an existing 
     service, on a marine highway route, that seeks to provide new 
     modal choices to shippers, offer more desirable services, 
     reduce transportation costs, or provide public benefits;
       ``(3) the term `marine highway route' means a route on 
     commercially navigable coastal, inland, or intracoastal 
     waters of the United States, including connections between 
     the United States and a port in Canada or Mexico, that is 
     designated under section 55601(b); and
       ``(4) 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, individually identified (including 
     parenthetically) in the list published most recently as of 
     the date of enactment of the Maritime Administration 
     Authorization Act for Fiscal Year 2023 pursuant to section 
     104 of the Federally Recognized Indian Tribe List Act of 1994 
     (25 U.S.C. 5131).''.
       (g) Technical Amendments.--
       (1) Clerical.--The analysis for chapter 556 of title 46, 
     United States Code, is amended--
       (A) by striking the item relating to section 55601 and 
     inserting the following:

``55601. United States Marine Highway Program.'';
       (B) by inserting after the item relating to section 55602 
     the following:

``55603. Multistate, State, and regional transportation planning.''; 
              and
       (C) by striking the item relating to section 55605 and 
     inserting the following:

``55605. Definitions.''.
       (2) Definitions.--Section 53501 of title 46, United States 
     Code, is amended in paragraph (5)(A)--
       (A) in clause (i), by inserting ``and'' after the 
     semicolon; and
       (B) by striking clause (iii).

     SEC. 3522. GAO REVIEW OF EFFORTS TO SUPPORT AND GROW THE 
                   UNITED STATES MERCHANT FLEET.

       Not later than 18 months after the date of enactment of 
     this section, the Comptroller General of the United States 
     shall transmit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that examines United States Government 
     efforts to promote the growth and

[[Page S6019]]

     modernization of the United States maritime industry, and the 
     vessels of the United States, as defined in section 116 of 
     title 46, United States Code, including the overall efficacy 
     of United States Government financial support and policies, 
     including the Capital Construction Fund, Construction Reserve 
     Fund, and other eligible loan, grant, or other programs.

     SEC. 3523. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT 
                   INFRASTRUCTURE RESILIENCY AND DISASTER 
                   PREPAREDNESS.

       Not later than 18 months after the date of enactment of 
     this section, the Comptroller General of the United States 
     shall transmit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that examines Federal efforts to assist ports 
     in enhancing the resiliency of their key intermodal 
     connectors to weather-related disasters. The report shall 
     include consideration of the following:
       (1) Actions being undertaken at various ports to better 
     identify critical land-side connectors that may be vulnerable 
     to disruption in the event of a natural disaster, including 
     how to communicate such information during a disaster when 
     communications systems may be compromised, and the level of 
     Federal involvement in such efforts.
       (2) The extent to which the Department of Transportation 
     and other Federal agencies are working in line with recent 
     recommendations from key resiliency reports, including the 
     National Academies of Science study on strengthening supply 
     chain resilience, to establish a framework for ports to 
     follow to increase resiliency to major weather-related 
     disruptions before they happen.
       (3) The extent to which the Department of Transportation or 
     other Federal agencies have provided funds to ports for 
     resiliency-related projects.
       (4) The extent to which Federal agencies have a coordinated 
     approach to helping ports and the multiple State, local, and 
     private stakeholders involved, to improve resiliency prior to 
     weather-related disasters.

     SEC. 3524. STUDY ON FOREIGN INVESTMENT IN SHIPPING.

       (a) Assessment.--The Under Secretary of Commerce for 
     International Trade (referred to in this section as the 
     ``Under Secretary'') in coordination with Maritime 
     Administration, the United States Transportation Command, and 
     the Federal Maritime Commission shall conduct an assessment 
     of subsidies, indirect state support, and other financial 
     infrastructure or benefits provided by foreign states that 
     control more than 1 percent of the world merchant fleet to 
     entities or individuals building, owning, chartering, 
     operating, or financing vessels not documented under the laws 
     of the United States that are engaged in foreign commerce.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this section, the Under Secretary shall submit 
     to Congress a report on the assessment conducted under 
     subsection (a), including--
       (1) the amount, in United States dollars, of such support 
     provided by a foreign state described in subsection (a) to--
       (A) the shipping industry of each country as a whole;
       (B) the shipping industry as a percent of gross domestic 
     product of each country; and
       (C) each ship on average, by ship type for cargo, tanker, 
     and bulk;
       (2) the amount, in United States dollars, of such support 
     provided by a foreign state described in subsection (a) to 
     the shipping industry of another foreign state, including 
     favorable financial arrangements for ship construction;
       (3) a description of the shipping industry activities of 
     state-owned enterprises of a foreign state described in 
     subsection (a);
       (4) a description of the type of support provided by a 
     foreign state described in subsection (a), including tax 
     relief, direct payment, indirect support of state-controlled 
     financial entities, or other such support, as determined by 
     the Under Secretary; and
       (5) a description of how the subsidies provided by a 
     foreign state described in subsection (a) may be 
     disadvantaging the competitiveness of vessels documented 
     under the laws of the United States that are engaged in 
     foreign commerce and the national security of the United 
     States.
       (c) Definitions.--In this section:
       (1) Foreign commerce.--The term ``foreign commerce'' 
     means--
       (A) commerce or trade between the United States, its 
     territories or possessions, or the District of Columbia, and 
     a foreign country;
       (B) commerce or trade between foreign countries; or
       (C) commerce or trade within a foreign country.
       (2) Foreign state.--The term ``foreign state'' has the 
     meaning given the term in section 1603(a) of title 28, United 
     States Code.
       (3) Shipping industry.--The term ``shipping industry'' 
     means the construction, ownership, chartering, operation, or 
     financing of vessels engaged in foreign commerce.

     SEC. 3525. REPORT REGARDING ALTERNATE MARINE FUEL BUNKERING 
                   FACILITIES AT PORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Maritime Administrator shall 
     report on the necessary port-related infrastructure needed to 
     support bunkering facilities for liquefied natural gas, 
     hydrogen, ammonia, or other new marine fuels under 
     development. The Maritime Administrator shall publish the 
     report on a publicly available website.
       (b) Contents.--The report described in subsection (a) shall 
     include--
       (1) information about the existing United States 
     infrastructure, in particular the storage facilities, 
     bunkering vessels, and transfer systems to support bunkering 
     facilities for liquefied natural gas, hydrogen, ammonia, or 
     other new marine fuels under development;
       (2) a review of the needed upgrades to United States 
     infrastructure, including storage facilities, bunkering 
     vessels, and transfer systems, to support bunkering 
     facilities for liquefied natural gas, hydrogen, ammonia, or 
     other new marine fuels under development;
       (3) an assessment of the estimated Government investment in 
     this infrastructure and the duration of that investment; and
       (4) in consultation with relevant Federal agencies, 
     information on the relevant Federal agencies that would 
     oversee the permitting and construction of bunkering 
     facilities for liquefied natural gas, hydrogen, ammonia, or 
     other new marine fuels, as well as the Federal funding grants 
     or formula programs that could be used for such marine fuels.

     SEC. 3526. STUDY OF CYBERSECURITY AND NATIONAL SECURITY 
                   THREATS POSED BY FOREIGN MANUFACTURED CRANES AT 
                   UNITED STATES PORTS.

       The Administrator of the Maritime Administration shall--
       (1) conduct a study, in consultation with the Secretary of 
     Homeland Security, the Secretary of Defense, and the Director 
     of the Cybersecurity and Infrastructure Security Agency, to 
     assess whether there are cybersecurity or national security 
     threats posed by foreign manufactured cranes at United States 
     ports;
       (2) submit, not later than 1 year after the date of 
     enactment of this title, an unclassified report on the study 
     described in paragraph (1) to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Armed Services of the Senate, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on Armed Services of the House of Representatives; 
     and
       (3) if determined necessary by the Administrator, the 
     Secretary of Homeland Security, or the Secretary Defense, 
     submit a classified report on the study described in 
     paragraph (1) to the committees described in paragraph (2).

     SEC. 3527. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE 
                   DEVELOPMENT PROGRAM.

       Section 54301(a)(6) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(C) Considerations for noncontiguous states and 
     territories.--In considering the criteria under subparagraphs 
     (A)(ii) and (B)(ii) for selecting a project described in 
     paragraph (3), in the case the proposed project is located in 
     a noncontiguous State or territory, the Secretary may take 
     into account the geographic isolation of the State or 
     territory and the economic dependence of the State or 
     territory on the proposed project.''.

     SEC. 3528. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE 
                   REPORT ON STRATEGIC SEAPORTS.

       Section 54301(a)(6) of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(D) Infrastructure improvements identified in the report 
     on strategic seaports.--In selecting projects described in 
     paragraph (3) for funding under this subsection, the 
     Secretary may consider infrastructure improvements identified 
     in the report on strategic seaports required by section 3515 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (Public Law 116-92; 133 Stat. 1985) that would improve 
     the commercial operations of those seaports.''.

                     Subtitle D--Maritime Workforce

     SEC. 3531. SENSE OF CONGRESS ON MERCHANT MARINE.

       It is the sense of Congress that the United States Merchant 
     Marine is a critical part of the national infrastructure of 
     the United States, and the men and women of the United States 
     Merchant Marine are essential workers.

     SEC. 3532. ENSURING DIVERSE MARINER RECRUITMENT.

       Not later than 6 months after the date of enactment of this 
     section, the Secretary of Transportation shall develop and 
     deliver to Congress a strategy to assist State maritime 
     academies and the United States Merchant Marine Academy to 
     improve the representation of women and underrepresented 
     communities in the next generation of the mariner workforce, 
     including each of the following:
       (1) Black and African American.
       (2) Hispanic and Latino.
       (3) Asian.
       (4) American Indian, Alaska Native, and Native Hawaiian.
       (5) Pacific Islander.

     SEC. 3533. LOW EMISSIONS VESSELS TRAINING.

       (a) Development of Strategy.--The Secretary of 
     Transportation, in consultation with the United States 
     Merchant Marine Academy, State maritime academies, civilian 
     nautical schools, and the Secretary of the department in 
     which Coast Guard is operating, shall develop a strategy to 
     ensure there is an adequate supply of trained United States 
     citizen mariners sufficient to meet the operational 
     requirements of low and zero emission vessels. Implementation 
     of the

[[Page S6020]]

     strategy shall aim to increase the supply of trained United 
     States citizen mariners sufficient to meet the needs of the 
     maritime industry and ensure continued investment in training 
     for mariners serving on conventional fuel vessels.
       (b) Report.--Not later than 6 months after the date the 
     Secretary of Transportation determines that there is 
     commercially viable technology for low and zero emission 
     vessels, the Secretary of Transportation shall--
       (1) submit a report on the strategy developed under 
     subsection (a) and plans for its implementation to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives; and
       (2) make such report publicly available.

     SEC. 3534. IMPROVING PROTECTIONS FOR MIDSHIPMEN ACT.

       (a) Short Title.--This section may be cited as the 
     ``Improving Protections for Midshipmen Act''.
       (b) Suspension or Revocation of Merchant Mariner 
     Credentials for Perpetrators of Sexual Harassment or Sexual 
     Assault.--
       (1) In general.--? Chapter 77 of title 46, United States 
     Code, is amended by inserting after section 7704 the 
     following:

     ``Sec. 7704a. Sexual harassment or sexual assault as grounds 
       for suspension or revocation

       ``(a) Sexual Harassment.--If it is shown at a hearing under 
     this chapter that a holder of a license, certificate of 
     registry, or merchant mariner's document issued under this 
     part, within 10 years before the beginning of the suspension 
     and revocation proceedings, is the subject of a substantiated 
     claim of sexual harassment, then the license, certificate of 
     registry, or merchant mariner's document shall be suspended 
     or revoked.
       ``(b) Sexual Assault.--If it is shown at a hearing under 
     this chapter that a holder of a license, certificate of 
     registry, or merchant mariner's document issued under this 
     part, within 20 years before the beginning of the suspension 
     and revocation proceedings, is the subject of a substantiated 
     claim of sexual assault, then the license, certificate of 
     registry, or merchant mariner's document shall be revoked.
       ``(c) Substantiated Claim.--
       ``(1) In general.--The term `substantiated claim' means--
       ``(A) a legal proceeding or agency action in any 
     administrative proceeding that determines the individual 
     committed sexual harassment or sexual assault in violation of 
     any Federal, State, local, or Tribal law or regulation and 
     for which all appeals have been exhausted, as applicable; or
       ``(B) a determination after an investigation by the Coast 
     Guard that it is more likely than not the individual 
     committed sexual harassment or sexual assault as defined in 
     subsection (d), if the determination affords appropriate due 
     process rights to the subject of the investigation.
       ``(2) Investigation by the coast guard.--An investigation 
     by the Coast Guard under paragraph (1)(B) shall include 
     evaluation of the following materials that shall be provided 
     to the Coast Guard:
       ``(A) Any inquiry or determination made by the employer of 
     the individual as to whether the individual committed sexual 
     harassment or sexual assault.
       ``(B) Upon request from the Coast Guard, any investigative 
     materials, documents, records, or files in the possession of 
     an employer or former employer of the individual that are 
     related to the claim of sexual harassment or sexual assault 
     by the individual.
       ``(3) Additional review.--A license, certificate of 
     registry, or merchant mariner's document shall not be 
     suspended or revoked under subsection (a) or (b) unless the 
     substantiated claim is reviewed and affirmed, in accordance 
     with the applicable definition in subsection (d), by an 
     administrative law judge at the same suspension or revocation 
     hearing under this chapter described in subsection (a) or 
     (b), as applicable.
       ``(d) Definitions.--
       ``(1) Sexual harassment.--The term `sexual harassment' 
     means any of the following:
       ``(A) Conduct that--
       ``(i) involves unwelcome sexual advances, requests for 
     sexual favors, or deliberate or repeated offensive comments 
     or gestures of a sexual nature, when--

       ``(I) submission to such conduct is made either explicitly 
     or implicitly a term or condition of a person's job, pay, or 
     career;
       ``(II) submission to or rejection of such conduct by a 
     person is used as a basis for career or employment decisions 
     affecting that person;
       ``(III) such conduct has the purpose or effect of 
     unreasonably interfering with an individual's work 
     performance or creates an intimidating, hostile, or offensive 
     working environment; or
       ``(IV) conduct may have been by a person's supervisor, a 
     supervisor in another area, a co-worker, or another 
     credentialed mariner; and

       ``(ii) is so severe or pervasive that a reasonable person 
     would perceive, and the victim does perceive, the environment 
     as hostile or offensive.
       ``(B) Any use or condonation, by any person in a 
     supervisory or command position, of any form of sexual 
     behavior to control, influence, or affect the career, pay, or 
     job of a subordinate.
       ``(C) Any deliberate or repeated unwelcome verbal comment 
     or gesture of a sexual nature by any fellow employee of the 
     complainant.
       ``(2) Sexual assault.--The term `sexual assault' means any 
     form of abuse or contact as defined in chapter 109A of title 
     18.
       ``(e) Regulations.--The Secretary of the department in 
     which the Coast Guard is operating may issue further 
     regulations as necessary to update the definitions in this 
     section, consistent with descriptions of sexual harassment 
     and sexual assault addressed in titles 10 and title 18 to 
     implement this section.''.
       (c) Clerical Amendment.--The chapter analysis of ? chapter 
     77 of title 46, United States Code, is amended by inserting 
     after the item relating to section 7704 the following:

``7704a. Sexual harassment or sexual assault as grounds for suspension 
              or revocation.''.
       (d) Supporting the United States Merchant Marine Academy.--
       (1) In general.--? Chapter 513 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 51325. Sexual assault and sexual harassment prevention 
       information management system

       ``(a) Information Management System.--
       ``(1) In general.--Not later than January 1, 2023, the 
     Maritime Administrator shall establish an information 
     management system to track and maintain, in such a manner 
     that patterns can be reasonably identified, information 
     regarding claims and incidents involving cadets that are 
     reportable pursuant to subsection (d) of section 51318 of 
     this chapter.
       ``(2) Information maintained in the system.--Information 
     maintained in the system shall include the following 
     information, to the extent that information is available:
       ``(A) The overall number of sexual assault or sexual 
     harassment incidents per fiscal year.
       ``(B) The location of each such incident, including vessel 
     name and the name of the company operating the vessel, if 
     applicable.
       ``(C) The names and ranks of the individuals involved in 
     each such incident.
       ``(D) The general nature of each such incident, to include 
     copies of any associated reports completed on the incidents.
       ``(E) The type of inquiry made into each such incident.
       ``(F) A determination as to whether each such incident is 
     substantiated.
       ``(G) Any informal and formal accountability measures taken 
     for misconduct related to the incident, including decisions 
     on whether to prosecute the case.
       ``(3) Past information included.--The information 
     management system under this section shall include the 
     relevant data listed in this subsection related to sexual 
     assault and sexual harassment that the Maritime Administrator 
     possesses, and shall not be limited to data collected after 
     January 1, 2023.
       ``(4) Privacy protections.--The Maritime Administrator and 
     the Department of Transportation Chief Information Officer 
     shall coordinate to ensure that the information management 
     system under this section shall be established and maintained 
     in a secure fashion to ensure the protection of the privacy 
     of any individuals whose information is entered in such 
     system.
       ``(5) Cybersecurity audit.--Ninety days after the 
     implementation of the information management system, the 
     Office of Inspector General of the Department of 
     Transportation shall commence an audit of the cybersecurity 
     of the system and shall submit a report containing the 
     results of that audit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       ``(6) Correcting records.--In establishing the information 
     management system, the Maritime Administrator shall create a 
     process to ensure that if any incident report results in a 
     final agency action or final judgement that acquits an 
     individual of wrongdoing, all personally identifiable 
     information about the acquitted individual is removed from 
     that incident report in the system.
       ``(b) Sea Year Program.--The Maritime Administrator shall 
     provide for the establishment of in-person and virtual 
     confidential exit interviews, to be conducted by personnel 
     who are not involved in the assignment of the midshipmen to a 
     Sea Year vessel, for midshipmen from the Academy upon 
     completion of Sea Year and following completion by the 
     midshipmen of the survey under section 51322(d).
       ``(c) Data-informed Decisionmaking.--The data maintained in 
     the data management system under subsection (a) and through 
     the exit interviews under subsection (b) shall be 
     affirmatively referenced and used to inform the creation of 
     new policy or regulation, or changes to any existing policy 
     or regulation, in the areas of sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking.

     ``Sec. 51326. Student advisory board at the United States 
       Merchant Marine Academy

       ``(a) In General.--The Maritime Administrator shall 
     establish at the United States Merchant Marine Academy an 
     advisory board to be known as the Advisory Board to the 
     Secretary of Transportation (referred to in this section as 
     the `Advisory Board').
       ``(b) Membership.--The Advisory Board shall be composed of 
     not fewer than 12 midshipmen of the Merchant Marine Academy

[[Page S6021]]

     who are enrolled at the Merchant Marine Academy at the time 
     of the appointment, including not fewer than 3 cadets from 
     each class.
       ``(c) Appointment; Term.--Midshipmen shall serve on the 
     Advisory Board pursuant to appointment by the Maritime 
     Administrator. Appointments shall be made not later than 60 
     days after the date of the swearing in of a new class of 
     midshipmen at the Academy. The term of membership of a 
     midshipmen on the Advisory Board shall be 1 academic year.
       ``(d) Reappointment.--The Maritime Administrator may 
     reappoint not more than 6 cadets from the previous term to 
     serve on the Advisory Board for an additional academic year 
     if the Maritime Administrator determines such reappointment 
     to be in the best interests of the Merchant Marine Academy.
       ``(e) Meetings.--The Advisory Board shall meet with the 
     Secretary of Transportation not less than once each academic 
     year to discuss the activities of the Advisory Board. The 
     Advisory Board shall meet in person with the Maritime 
     Administrator not less than 2 times each academic year to 
     discuss the activities of the Advisory Board.
       ``(f) Duties.--The Advisory Board shall--
       ``(1) identify health and wellbeing, diversity, and sexual 
     assault and harassment challenges and other topics considered 
     important by the Advisory Board facing midshipmen at the 
     Merchant Marine Academy, off campus, and while aboard ships 
     during Sea Year or other training opportunities;
       ``(2) discuss and propose possible solutions, including 
     improvements to culture and leadership development at the 
     Merchant Marine Academy; and
       ``(3) periodically review the efficacy of the program in 
     section 51325(b), as appropriate, and provide recommendations 
     to the Maritime Administrator for improvement.
       ``(g) Working Groups.--The Advisory Board may establish one 
     or more working groups to assist the Advisory Board in 
     carrying out its duties, including working groups composed in 
     part of midshipmen at the Merchant Marine Academy who are not 
     current members of the Advisory Board.
       ``(h) Reports and Briefings.--The Advisory Board shall 
     regularly provide the Secretary of Transportation and the 
     Maritime Administrator reports and briefings on the results 
     of its duties, including recommendations for actions to be 
     taken in light of such results. Such reports and briefings 
     may be provided in writing, in person, or both.

     ``Sec. 51327. Sexual Assault Advisory Council

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish a Sexual Assault Advisory Council (in this section 
     referred to as the `Council').
       ``(b) Membership.--
       ``(1) In general.--The Council shall be composed of not 
     fewer than 8 and not more than 14 individuals selected by the 
     Secretary of Transportation who are alumni that have 
     graduated within the last 4 years or current midshipmen of 
     the United States Merchant Marine Academy (including 
     midshipmen or alumni who were victims of sexual assault, to 
     the maximum extent practicable, and midshipmen or alumni who 
     were not victims of sexual assault) and governmental and 
     nongovernmental experts and professionals in the sexual 
     assault field.
       ``(2) Experts included.--The Council shall include--
       ``(A) not less than 1 member who is licensed in the field 
     of mental health and has prior experience working as a 
     counselor or therapist providing mental health care to 
     survivors of sexual assault in a victim services agency or 
     organization; and
       ``(B) not less than 1 member who has prior experience 
     developing or implementing sexual assault or sexual 
     harassment prevention and response policies in an academic 
     setting.
       ``(3) Rules regarding membership.--No employee of the 
     Department of Transportation shall be a member of the 
     Council. The number of governmental experts appointed to the 
     Council shall not exceed the number of nongovernmental 
     experts.
       ``(c) Duties; Authorized Activities.--
       ``(1) In general.--The Council shall meet not less often 
     than semiannually to--
       ``(A) review--
       ``(i) the policies on sexual harassment, dating violence, 
     domestic violence, sexual assault, and stalking under section 
     51318 of this title;
       ``(ii) the trends and patterns of data contained in the 
     system described under section 51325 of this title; and
       ``(iii) related matters the Council views as appropriate; 
     and
       ``(B) develop recommendations designed to ensure that such 
     policies and such matters conform, to the extent practicable, 
     to best practices in the field of sexual assault and sexual 
     harassment response and prevention.
       ``(2) Authorized activities.--To carry out this subsection, 
     the Council may--
       ``(A) conduct case reviews, as appropriate and only with 
     the consent of the victim of sexual assault or harassment;
       ``(B) interview current and former midshipmen of the United 
     States Merchant Marine Academy (to the extent that such 
     midshipmen provide the Department of Transportation express 
     consent to be interviewed by the Council); and
       ``(C) review--
       ``(i) exit interviews under section 51325(b) and surveys 
     under section 51322(d);
       ``(ii) data collected from restricted reporting; and
       ``(iii) any other information necessary to conduct such 
     case reviews.
       ``(3) Personally identifiable information.--In carrying out 
     this subsection, the Council shall comply with the 
     obligations of the Department of Transportation to protect 
     personally identifiable information.
       ``(d) Reports.--On an annual basis for each of the 5 years 
     after the date of enactment of this section, and at the 
     discretion of the Council thereafter, the Council shall 
     submit, to the President and the Committee on Commerce, 
     Science, and Transportation and the Committee on 
     Appropriations of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives, a report on 
     the Council's findings based on the reviews conducted 
     pursuant to subsection (c) and related recommendations.
       ``(e) Employee Status.--Members of the Council shall not be 
     considered employees of the United States Government for any 
     purpose and shall not receive compensation other than 
     reimbursement of travel expenses and per diem allowance in 
     accordance with section 5703 of title 5.
       ``(f) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Council.

     ``Sec. 51328. Student support

       ``The Maritime Administrator shall--
       ``(1) require a biannual survey of midshipmen, faculty, and 
     staff of the Academy assessing the inclusiveness of the 
     environment of the Academy; and
       ``(2) require an annual survey of faculty and staff of the 
     Academy assessing the inclusiveness of the environment of the 
     Sea Year program.''.
       (e) Report to Congress.--Not later than 30 days after the 
     date of enactment of this section, the Maritime Administrator 
     shall provide Congress with a briefing on the resources 
     necessary to properly implement section 51328 of title 46, 
     United States Code, as added by this section.
       (f) Conforming Amendments.--The chapter analysis for ? 
     chapter 513 of title 46, United States Code, is amended by 
     adding at the end the following:

``51325. Sexual assault and sexual harassment prevention information 
              management system.
``51326. Student advisory board at the United States Merchant Marine 
              Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.''.
       (g) United States Merchant Marine Academy Student Support 
     Plan.--
       (1) Student support plan.--Not later than January 1, 2023, 
     the Maritime Administrator shall issue a Student Support Plan 
     for the United States Merchant Marine Academy, in 
     consultation with relevant mental health professionals in the 
     Federal Government or experienced with the maritime industry 
     or related industries. Such plan shall--
       (A) address the mental health resources available to 
     midshipmen, both on-campus and during Sea Year;
       (B) establish a tracking system for suicidal ideations and 
     suicide attempts of midshipmen, which excludes personally 
     identifiable information;
       (C) create an option for midshipmen to obtain assistance 
     from a professional care provider virtually; and
       (D) require an annual survey of faculty and staff assessing 
     the adequacy of mental health resources for midshipmen of the 
     Academy, both on campus and during Sea Year.
       (2) Report to congress.--Not later than 30 days after the 
     date of enactment of this section, the Maritime Administrator 
     shall provide Congress with a report on the resources 
     necessary to properly implement this subsection.
       (h) Special Victims Advisor.--Section 51319 of title 46, 
     United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following:
       ``(c) Special Victims Advisor.--
       ``(1) In general.--The Secretary shall designate an 
     attorney (to be known as the `Special Victims Advisor') for 
     the purpose of providing legal assistance to any cadet of the 
     Academy who is the victim of an alleged sex-related offense 
     regarding administrative and criminal proceedings related to 
     such offense, regardless of whether the report of that 
     offense is restricted or unrestricted.
       ``(2) Special victims advisory.--The Secretary shall ensure 
     that the attorney designated as the Special Victims Advisor 
     has knowledge of the Uniform Code of Military Justice, as 
     well as criminal and civil law.
       ``(3) Privileged communications.--Any communications 
     between a victim of an alleged sex-related offense and the 
     Special Victim Advisor, when acting in their capacity as 
     such, shall have the same protection that applicable law 
     provides for confidential attorney-client communications.''; 
     and
       (3) by adding at the end the following:
       ``(e) Unfilled Vacancies.--The Administrator of the 
     Maritime Administration may appoint qualified candidates to 
     positions under subsections (a) and (d) of this section 
     without regard to sections 3309 through 3319 of title 5.''.
       (i) Catch a Serial Offender Assessment.--
       (1) Assessment.--Not later than one year after the date of 
     enactment of this section,

[[Page S6022]]

     the Commandant of the Coast Guard, in coordination with the 
     Maritime Administrator, shall conduct an assessment of the 
     feasibility and process necessary, and appropriate 
     responsible entities to establish a program for the United 
     States Merchant Marine Academy and United States Merchant 
     Marine modeled on the Catch a Serial Offender program of the 
     Department of Defense using the information management system 
     required under subsection (a) of section 51325 of title 46, 
     United States Code, and the exit interviews under subsection 
     (b) of such section.
       (2) Legislative change proposals.--If, as a result of the 
     assessment required by paragraph (1), the Commandant or the 
     Administrator determines that additional authority is 
     necessary to implement the program described in paragraph 
     (1), the Commandant or the Administrator, as applicable, 
     shall provide appropriate legislative change proposals to 
     Congress.
       (j) Shipboard Training.--Section 51322(a) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3) Training.--
       ``(A) In general.--As part of training that shall be 
     provided not less than semiannually to all midshipmen of the 
     Academy, pursuant to section 51318, the Maritime 
     Administrator shall develop and implement comprehensive in-
     person sexual assault risk-reduction and response training 
     that, to the extent practicable, conforms to best practices 
     in the sexual assault prevention and response field and 
     includes appropriate scenario-based training.
       ``(B) Development and consultation with experts.--In 
     developing the sexual assault risk-reduction and response 
     training under subparagraph (A), the Maritime Administrator 
     shall consult with and incorporate, as appropriate, the 
     recommendations and views of experts in the sexual assault 
     field.''.

     SEC. 3535. BOARD OF VISITORS.

       Section 51312 of title 46, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) by redesignating subparagraph (C) as subparagraph (D);
       (ii) in subparagraph (D), as redesignated by clause (i), by 
     striking ``flag-rank who'' and inserting ``flag-rank'';
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon; and
       (iv) by inserting after subparagraph (B) the following:
       ``(C) at least 1 shall be a representative of a maritime 
     labor organization; and''; and
       (B) in paragraph (3), by adding at the end the following:
       ``(C) Replacement.--If a member of the Board is replaced, 
     not later than 60 days after the date of the replacement, the 
     Designated Federal Officer selected under subsection (g)(2) 
     shall notify that member.'';
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``and 2 additional 
     meetings, which may be held in person or virtually'' after 
     ``Academy''; and
       (B) by adding at the end the following:
       ``(3) Scheduling; notification.--When scheduling a meeting 
     of the Board, the Designated Federal Officer shall 
     coordinate, to the greatest extent practicable, with the 
     members of the Board to determine the date and time of the 
     meeting. Members of the Board shall be notified of the date 
     of each meeting not less than 30 days prior to the meeting 
     date.'';
       (3) in subsection (e), by adding at the end the following:
       ``(4) Staff.--One or more staff of each member of the Board 
     may accompany them on Academy visits.
       ``(5) Scheduling; notification.--When scheduling a visit to 
     the Academy, the Designated Federal Officer shall coordinate, 
     to the greatest extent practicable, with the members of the 
     Board to determine the date and time of the visit. Members of 
     the Board shall be notified of the date of each visit not 
     less than 30 days prior to the visit date.''; and
       (4) in subsection (h)--
       (A) by inserting ``and ranking member'' after ``chairman'' 
     each place the term appears; and
       (B) by adding at the end the following: ``Such staff may 
     attend meetings and may visit the Academy.''.

     SEC. 3536. MARITIME TECHNICAL ADVANCEMENT ACT.

       (a) Short Title.--This section may be cited as the 
     ``Maritime Technological Advancement Act of 2022''.
       (b) Centers of Excellence for Domestic Maritime 
     Workforce.--Section 51706 of title 46, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``of Transportation'';
       (2) in subsection (b), in the subsection heading, by 
     striking ``Assistance '' and inserting ``Cooperative 
     Agreements'';
       (3) by redesignating subsection (c) as subsection (d);
       (4) in subsection (d), as redesignated by paragraph (2), by 
     adding at the end the following:
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.''; and
       (5) by inserting after subsection (b) the following:
       ``(c) Grant Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Administrator.--The term `Administrator' means the 
     Administrator of the Maritime Administration.
       ``(B) Eligible institution.--The term `eligible 
     institution' means an institution that has a demonstrated 
     record of success in training and is--
       ``(i) a postsecondary educational institution (as defined 
     in section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006 (? 20 U.S.C. 2302)) that offers a 2-
     year program of study or a 1-year program of training;
       ``(ii) a postsecondary vocational institution (as defined 
     under section 102(c) of the Higher Education Act of 1965 (? 
     20 U.S.C. 1002(c));
       ``(iii) a public or private nonprofit entity that offers 1 
     or more other structured experiential learning training 
     programs for American workers in the United States maritime 
     industry, including a program that is offered by a labor 
     organization or conducted in partnership with a nonprofit 
     organization or 1 or more employers in the maritime industry; 
     or
       ``(iv) an entity sponsoring a registered apprenticeship 
     program.
       ``(C) Registered apprenticeship program.--The term 
     `registered apprenticeship program' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor or a State apprenticeship agency recognized by the 
     Office of Apprenticeship pursuant to the Act of August 16, 
     1937 (commonly known as the `National Apprenticeship Act'; 50 
     Stat. 664, chapter 663; ? 29 U.S.C. 50 et seq.).
       ``(D) United states maritime industry.--The term `United 
     States maritime industry' means all segments of the maritime-
     related transportation system of the United States, both in 
     domestic and foreign trade, and in coastal, offshore, and 
     inland waters, as well as non-commercial maritime activities, 
     such as pleasure boating and marine sciences (including all 
     scientific research vessels), and all of the industries that 
     support or depend upon such uses, including--
       ``(i) vessel construction and repair;
       ``(ii) vessel operations;
       ``(iii) ship logistics supply;
       ``(iv) berthing;
       ``(v) port operations;
       ``(vi) port intermodal operations;
       ``(vii) marine terminal operations;
       ``(viii) vessel design;
       ``(ix) marine brokerage;
       ``(x) marine insurance;
       ``(xi) marine financing;
       ``(xii) chartering;
       ``(xiii) marine-oriented supply chain operations;
       ``(xiv) offshore industry;
       ``(xv) offshore wind construction, operation, and repair; 
     and
       ``(xvi) maritime-oriented research and development.
       ``(2) Grant authorization.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Maritime Technological Advancement Act of 
     2022, the Administrator shall award maritime career training 
     grants to eligible institutions for the purpose of 
     developing, offering, or improving educational or career 
     training programs for American workers related to the 
     maritime workforce.
       ``(B) Guidelines.--Not later than 1 year after the date of 
     enactment of the Maritime Technological Advancement Act of 
     2022, the Administrator shall--
       ``(i) promulgate guidelines for the submission of grant 
     proposals under this subsection; and
       ``(ii) publish and maintain such guidelines on the website 
     of the Maritime Administration.
       ``(3) Limitations.--The Administrator may not award a grant 
     under this subsection in an amount that is more than 
     $12,000,000.
       ``(4) Required information.--
       ``(A) In general.--An eligible institution that desires to 
     receive a grant under this subsection shall submit to the 
     Administrator a grant proposal that includes a detailed 
     description of--
       ``(i) the specific project for which the grant proposal is 
     submitted, including the manner in which the grant will be 
     used to develop, offer, or improve an educational or career 
     training program that is suited to maritime industry workers;
       ``(ii) the extent to which the project for which the grant 
     proposal is submitted will meet the educational or career 
     training needs of maritime workers in the community served by 
     the eligible institution, particularly any individuals with a 
     barrier to employment;
       ``(iii) the extent to which the project for which the grant 
     proposal is submitted fits within any overall strategic plan 
     developed by an eligible community; and
       ``(iv) any previous experience of the eligible institution 
     in providing maritime educational or career training 
     programs.
       ``(B) Community outreach required.--In order to be 
     considered by the Administrator, a grant proposal submitted 
     by an eligible institution under this subsection shall--
       ``(i) demonstrate that the eligible institution--

       ``(I) reached out to employers to identify--

       ``(aa) any shortcomings in existing maritime educational 
     and career training opportunities available to workers in the 
     community; and
       ``(bb) any future employment opportunities within the 
     community and the educational and career training skills 
     required for workers to meet the future maritime employment 
     demand; and

       ``(II) reached out to other similarly situated institutions 
     in an effort to benefit from

[[Page S6023]]

     any best practices that may be shared with respect to 
     providing maritime educational or career training programs to 
     workers eligible for training; and

       ``(ii) include a detailed description of--

       ``(I) the extent and outcome of the outreach conducted 
     under clause (i);
       ``(II) the extent to which the project for which the grant 
     proposal is submitted will contribute to meeting any 
     shortcomings identified under clause (i)(I)(aa) or any 
     maritime educational or career training needs identified 
     under clause (i)(I)(bb); and
       ``(III) the extent to which employers, including small- and 
     medium-sized firms within the community, have expressed an 
     interest in employing workers who would benefit from the 
     project for which the grant proposal is submitted.

       ``(5) Criteria for award of grants.--Subject to the 
     appropriation of funds, the Administrator shall award a grant 
     under this subsection based on--
       ``(A) a determination of the merits of the grant proposal 
     submitted by the eligible institution to develop, offer, or 
     improve maritime educational or career training programs to 
     be made available to workers;
       ``(B) an evaluation of the likely employment opportunities 
     available to workers who complete a maritime educational or 
     career training program that the eligible institution 
     proposes to develop, offer, or improve;
       ``(C) an evaluation of prior demand for training programs 
     by workers in the community served by the eligible 
     institution, as well as the availability and capacity of 
     existing maritime training programs to meet future demand for 
     training programs;
       ``(D) any prior designation of an institution as a Center 
     of Excellence for Domestic Maritime Workforce Training and 
     Education; and
       ``(E) an evaluation of the previous experience of the 
     eligible institution in providing maritime educational or 
     career training programs.
       ``(6) Competitive awards .--
       ``(A) In general.--The Administrator shall award grants 
     under this subsection to eligible institutions on a 
     competitive basis in accordance with guidelines and 
     requirements established by the Administrator under paragraph 
     (2)(B).
       ``(B) Timing of grant notice.--The Administrator shall post 
     a Notice of Funding Opportunity regarding grants awarded 
     under this subsection not more than 90 days after the date of 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(C) Timing of grants.--The Administrator shall award 
     grants under this subsection not later than 270 days after 
     the date of the enactment of the appropriations Act for the 
     fiscal year concerned.
       ``(D) Application of requirements.--The requirements under 
     subparagraphs (B) and (C) shall not apply until the 
     guidelines required under paragraph (2)(B) have been 
     promulgated.
       ``(E) Reuse of unexpended grant funds.--Notwithstanding 
     subparagraph (C), amounts awarded as a grant under this 
     subsection that are not expended by the grantee shall remain 
     available to the Administrator for use for grants under this 
     subsection.
       ``(F) Administrative costs.--Not more than 3 percent of 
     amounts made available to carry out this subsection may be 
     used for the necessary costs of grant administration.
       ``(7) Eligible uses of grant funds.--An eligible 
     institution receiving a grant under this subsection--
       ``(A) shall carry out activities that are identified as 
     priorities for the purpose of developing, offering, or 
     improving educational or career training programs for the 
     United States maritime industry workforce;
       ``(B) shall provide training to upgrade the skills of the 
     United States maritime industry workforce, including training 
     to acquire covered requirements as well as technical skills 
     training for jobs in the United States maritime industry; and
       ``(C) may use the grant funds to--
       ``(i) admit additional students to maritime training 
     programs;
       ``(ii) develop, establish, and annually update viable 
     training capacity, courses, and mechanisms to rapidly upgrade 
     skills and perform assessments of merchant mariners during 
     time of war or a national emergency, and to increase 
     credentials for domestic or defense needs where training can 
     decrease the gap in the numbers of qualified mariners for 
     sealift;
       ``(iii) provide services to upgrade the skills of United 
     States offshore wind marine service workers who transport, 
     install, operate, construct, erect, repair, or maintain 
     offshore wind components and turbines, including training, 
     curriculum and career pathway development, on-the-job 
     training, safety and health training, and classroom training;
       ``(iv) expand existing or create new maritime training 
     programs, including through partnerships and memoranda of 
     understanding with--

       ``(I) 4-year institutions of higher education;
       ``(II) labor organizations;
       ``(III) registered apprenticeship programs with the United 
     States maritime industry; or
       ``(IV) an entity described in subclause (I ) through (III) 
     that has a memorandum of understanding with 1 or more 
     employers in the maritime industry;

       ``(v) create new maritime pathways or expand existing 
     maritime pathways;
       ``(vi) expand existing or create new training programs for 
     transitioning military veterans to careers in the United 
     States maritime industry;
       ``(vii) expand existing or create new training programs 
     that address the needs of individuals with a barrier to 
     employment, as determined by the Secretary in consultation 
     with the Secretary of Labor, in the United States maritime 
     industry;
       ``(viii) purchase, construct, develop, expand, or improve 
     training facilities, buildings, and equipment to deliver 
     maritime training programs;
       ``(ix) recruit and train additional faculty to expand the 
     maritime training programs offered by the institution;
       ``(x) provide financial assistance through scholarships or 
     tuition waivers, not to exceed the applicable tuition 
     expenses associated with the covered programs;
       ``(xi) promote the use of distance learning that enables 
     students to take courses through the use of teleconferencing, 
     the Internet, and other media technology;
       ``(xii) assist in providing services to address maritime 
     workforce recruitment and training of youth residing in 
     targeted high-poverty areas within empowerment zones and 
     enterprise communities;
       ``(xiii) implement partnerships with national and regional 
     organizations with special expertise in developing, 
     organizing, and administering maritime workforce recruitment 
     and training services;
       ``(xiv) carry out customized training in conjunction with--

       ``(I) an existing registered apprenticeship program or a 
     pre-apprenticeship program that articulates to a registered 
     apprenticeship program;
       ``(II) a paid internship; or
       ``(III) a joint labor-management partnership;

       ``(xv) design, develop, and test an array of approaches to 
     providing recruitment, training, or retention services, to 
     enhance diversity, equity and inclusion in the United States 
     maritime industry workforce;
       ``(xvi) in conjunction with employers, organized labor, 
     other groups (such as community coalitions), and Federal, 
     State, or local agencies, design, develop, and test various 
     training approaches in order to determine effective 
     practices; or
       ``(xvii) assist in the development and replication of 
     effective service delivery strategies for the United States 
     maritime industry as a whole.
       ``(8) Public report.--Not later than December 15 in each of 
     the calendar years 2023 through 2025, the Administrator shall 
     make available on a publicly available website a report and 
     provide a briefing to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives--
       ``(A) describing each grant awarded under this subsection 
     during the preceding fiscal year;
       ``(B) assessing the impact of each award of a grant under 
     this subsection in a fiscal year preceding the fiscal year 
     referred to in subparagraph (A) on workers receiving 
     training; and
       ``(C) the performance of the grant awarded with respect to 
     the indicators of performance under section 116(b)(2)(A)(i) 
     of the Workforce Innovation and Opportunity Act (? 29 U.S.C. 
     3141(b)(2)(A)(i)).
       ``(9) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $60,000,000 
     for each of the fiscal years 2023 through 2027.''.

     SEC. 3537. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.

       (a) Findings.--Congress finds the following:
       (1) The United States Merchant Marine Academy campus is 
     nearly 80 years old and many of the buildings have fallen 
     into a serious state of disrepair.
       (2) Except for renovations to student barracks in the early 
     2000s, all of the buildings on campus have exceeded their 
     useful life and need to be replaced or undergo major 
     renovations.
       (3) According to the Maritime Administration, since 2011, 
     $234,000,000 has been invested in capital improvements on the 
     campus, but partly due to poor planning and cost overruns, 
     maintenance and building replacement backlogs continue.
       (b) Study.--The Comptroller General shall conduct a study 
     of the United States Merchant Marine Academy Capital 
     Improvement Program. The study shall include an evaluation 
     of--
       (1) the actions the United States Merchant Marine Academy 
     has taken to bring the buildings, infrastructure, and other 
     facilities on campus up to standards and the further actions 
     that are required to do so;
       (2) how the approach that the United States Merchant Marine 
     Academy uses to manage its capital assets meets leading 
     practices;
       (3) how cost estimates prepared for capital asset projects 
     meet cost estimating leading practices;
       (4) whether the United States Merchant Marine Academy has 
     adequate staff who are trained to identify needed capital 
     projects, estimate the cost of those projects, perform 
     building maintenance, and manage capital improvement 
     projects; and
       (5) how the United States Merchant Marine Academy 
     identifies and prioritizes capital construction needs, and 
     how that priority relates to the safety, education, and 
     wellbeing of midshipmen.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this section,

[[Page S6024]]

     the Comptroller General shall prepare and submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report containing the 
     results of the study under this section.

     SEC. 3538. IMPLEMENTATION OF RECOMMENDATIONS FROM THE 
                   NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.

       (a) Inspector General Audit.--The Inspector General of the 
     Department of Transportation shall--
       (1) not later than 180 days after the date of enactment of 
     this section, initiate an audit of the Maritime 
     Administration's actions to address only recommendations 4.1 
     through 4.3, 4.7 through 4.11, 5.1 through 5.4, 5.6, 5.7, 
     5.11, 5.14, 5.15, 5.16, 6.1 through 6.4, 6.6, and 6.7, 
     identified by a National Academy of Public Administration 
     panel in the November 2021 report entitled ``Organizational 
     Assessment of the United States Merchant Marine Academy: A 
     Path Forward''; and
       (2) release publicly, and submit to the appropriate 
     committees of Congress, a report containing the results of 
     the audit described in paragraph (1) once the audit is 
     completed.
       (b) Agreement for Study by National Academy of Public 
     Administration.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this title, the Secretary of Transportation 
     shall enter into an agreement with the National Academy of 
     Public Administration (referred to in this section as the 
     ``Academy'') to provide support for--
       (A) prioritizing and addressing the recommendations 
     described in subsection (a)(1), and establishing a process 
     for prioritizing other recommendations in the future;
       (B) development of long-term processes and a timeframe for 
     long-term process improvements, as well as corrective actions 
     and best practice criteria that can be implemented in the 
     medium- and near-term;
       (C) establishment of a clear assignment of responsibility 
     for implementation of each recommendation described in 
     subsection (a)(1), and a strategy for assigning other 
     recommendations in the future; and
       (D) a performance measurement system, including data 
     collection and tracking and evaluating progress toward goals.
       (2) Report of progress.--Not later than 1 year after the 
     date of the agreement described in paragraph (1), the Academy 
     shall prepare and submit a report of progress to the Maritime 
     Administrator, the Inspector General of the Department of 
     Transportation, and the appropriate committees of Congress.
       (c) Prioritization and Implementation Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this title, the Maritime Administrator shall 
     provide a prioritization and implementation plan to assess, 
     prioritize, and address the recommendations identified by the 
     National Academy of Public Administration panel in the 
     November 2021 report entitled ``Organizational Assessment of 
     the United States Merchant Marine Academy: A Path Forward'' 
     that are relevant to the Maritime Administration and not 
     listed in subsection (a)(1). The prioritization and 
     implementation plan shall--
       (A) make use of the strategies, processes, and systems 
     described in subsection (b)(1);
       (B) include estimated timelines and cost estimates for 
     implementation of priority goals;
       (C) include summaries of stakeholder and interagency 
     engagement used to assess goals and timelines; and
       (D) be released publicly and submitted to the Inspector 
     General of the Department of Transportation and the 
     appropriate committees of Congress.
       (2) Audit and report.--The Inspector General of the 
     Department of Transportation shall--
       (A) not later than 180 days after the date of publication 
     of the prioritization and implementation plan described in 
     paragraph (1), initiate an audit of the Maritime 
     Administration's actions to address the prioritization and 
     implementation plan;
       (B) monitor the Maritime Administration's actions to 
     implement recommendations made by the Inspector General's 
     audit described in subparagraph (A) and in prior audits of 
     the Maritime Administration's implementation of National 
     Academy of Public Administration recommendations and 
     periodically initiate subsequent audits of the Maritime 
     Administration's continued actions to address the 
     prioritization and implementation plan, as the Inspector 
     General determines may be necessary; and
       (C) release publicly and submit to the Administrator of the 
     Maritime Administration and the appropriate committees of 
     Congress a report containing the results of the audit once 
     the audit is completed.
       (3) Report of progress.--Not later than 180 days after the 
     date of publication of the Inspector General's report 
     described in paragraph (2)(C), and annually thereafter, the 
     Administrator of the Maritime Administration shall prepare 
     and submit a report to the Inspector General of the 
     Department of Transportation and the appropriate committees 
     of Congress describing--
       (A) the Maritime Administration's planned actions and 
     estimated timeframes for taking action to implement any open 
     or unresolved recommendations from the Inspector General's 
     reports described in paragraph (2) and in subsection (a); and
       (B) any target action dates associated with open and 
     unresolved recommendations from the Inspector General's 
     reports described in paragraph (2) and in subsection (a) 
     which the Maritime Administration failed to meet or for which 
     it requested an extension of time, and the reasons for which 
     an extension was necessary.
       (d) Agreement for Plan on Capital Improvements.--Not later 
     than 90 days after the date of enactment of this title, the 
     Maritime Administration shall enter into an agreement with a 
     Federal construction agent to create a plan to execute 
     capital improvements at the United States Merchant Marine 
     Academy.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means the Committee on Commerce, Science, and Transportation 
     of the Senate, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Appropriations Subcommittees on Transportation, Housing and 
     Urban Development, and Related Agencies of the Senate and the 
     House of Representatives, and the Committees on Armed 
     Services of the Senate and the House of Representatives.

     SEC. 3539. SERVICE ACADEMY FACULTY PARITY.

       Section 105 of title 17, United States Code, is amended--
       (1) in the heading of subsection (b), by striking ``Certain 
     of Works '' and inserting ``Certain Works'';
       (2) in the first subsection (c), by striking ``The 
     Secretary of Defense may'' and inserting ``The Secretary of 
     Defense (or, with respect to the United States Merchant 
     Marine Academy, the Secretary of Transportation, or, with 
     respect to the United States Coast Guard Academy, the 
     Secretary of Homeland Security) may'';
       (3) by redesignating the second subsection (c) as 
     subsection (d); and
       (4) in subsection (d)(2), as redesignated by paragraph (3), 
     by adding at the end the following:
       ``(M) United States Merchant Marine Academy.''.

     SEC. 3540. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.

       Section 10601(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following:
       ``(3) if the vessel is a catcher processor or fish 
     processing vessel with more than 25 crew, require that the 
     crewmember be served not less than 3 meals a day that total 
     not less than 3,100 calories, including adequate water and 
     minerals in accordance with the Untied States Recommended 
     Daily Allowances; and''.

            Subtitle E--Technology Innovation and Resilience

     SEC. 3541. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE 
                   PROGRAM.

       Section 50307 of title 46, United States Code, is amended--
       (1) by striking the subsection (a) enumerator and all that 
     follows through ``Transportation'' and inserting the 
     following:
       ``(a) Emerging Marine Technologies and Practices.--
       ``(1) In general.--The Secretary of Transportation'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively and adjusting the 
     margins accordingly; and
       (ii) in clause (iv), as redesignated by clause (i), by 
     striking ``propeller cavitation'' and inserting ``incidental 
     vessel-generated underwater noise, such as noise from 
     propeller cavitation or hydrodynamic flow'';
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively and adjusting the 
     margins accordingly;
       (3) in subsection (c), by redesignating paragraphs (1) and 
     (2) as subparagraphs (A) and (B), respectively and adjusting 
     the margins accordingly;
       (4) by redesignating subsections (b) through (d) as 
     paragraphs (2) through (4), respectively and adjusting the 
     margins accordingly;
       (5) by redesignating subsection (e) as subsection (b);
       (6) by striking subsection (f);
       (7) in subsection (a)--
       (A) in paragraph (1), as designated under paragraph (1) of 
     this section--
       (i) by inserting ``or support'' after ``engage in'';
       (ii) by striking ``the use of public'' and all that follows 
     through the end of the sentence and inserting ``eligible 
     entities.'';
       (B) in paragraph (2), as redesignated under paragraph (4) 
     of this section--
       (i) by striking ``this section'' and inserting ``this 
     subsection'';
       (ii) by striking ``or improve'' and inserting ``improve, or 
     support efforts related to,'';
       (C) in paragraph (3), as redesignated by paragraph (4) of 
     this section, by striking ``under subsection (b)(2) may 
     include'' and inserting ``with other Federal agencies or with 
     State, local, or Tribal governments, as appropriate, under 
     paragraph (2)(B) may include'';
       (D) in paragraph (4), as redesignated by paragraph (4) of 
     this section--
       (i) by striking ``academic, public, private, and 
     nongovernmental entities and facilities'' and inserting 
     ``eligible entities''; and

[[Page S6025]]

       (ii) by striking ``subsection (a)'' and inserting ``this 
     subsection''; and
       (E) by adding at the end the following:
       ``(5) Grants.--Subject to the availability of 
     appropriations, the Maritime Administrator, may establish and 
     carry out a competitive grant program to award grants to 
     eligible entities for projects in the United States 
     consistent with the goals of this subsection to study, 
     evaluate, test, demonstrate, or apply technologies and 
     practices to improve environmental performance.'';
       (8) in subsection (b), as redesignated by paragraph (5) of 
     this section, by striking ``subsection (b)(1)'' and inserting 
     ``this section''; and
       (9) by adding at the end the following:
       ``(c) Vessels.--Activities carried out under a grant or 
     cooperative agreement made under this section may be 
     conducted on public vessels under the control of the Maritime 
     Administration, upon approval of the Maritime Administrator.
       ``(d) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means--
       ``(1) a private entity, including a nonprofit organization;
       ``(2) a State, regional, local, or Tribal government or 
     entity, including special districts;
       ``(3) an institution of higher education as defined under 
     section 102 of the Higher Education Act of 1965 (? 20 U.S.C. 
     1002); or
       ``(4) a partnership or collaboration of entities described 
     in paragraphs (1) through (3).
       ``(e) Center for Maritime Innovation.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Maritime Administration Authorization Act 
     for Fiscal Year 2023, the Secretary of Transportation shall, 
     through a cooperative agreement, establish a United States 
     Center for Maritime Innovation (referred to in this 
     subsection as the `Center') to support the study, research, 
     development, assessment, and deployment of emerging marine 
     technologies and practices related to the maritime 
     transportation system.
       ``(2) Selection.--The Center shall be--
       ``(A) selected through a competitive process of eligible 
     entities;
       ``(B) based in the United States with technical expertise 
     in emerging marine technologies and practices related to the 
     maritime transportation system; and
       ``(C) located in close proximity to eligible entities with 
     expertise in United States emerging marine technologies and 
     practices, including the use of alternative fuels and the 
     development of both vessel and shoreside infrastructure.
       ``(3) Coordination.--The Secretary of Transportation shall 
     coordinate with other agencies critical for science, 
     research, and regulation of emerging marine technologies for 
     the maritime sector, including the Department of Energy, the 
     Environmental Protection Agency, the National Science 
     Foundation, and the Coast Guard, when establishing the 
     Center.
       ``(4) Functions.--The Center shall--
       ``(A) support eligible entities regarding the development 
     and use of clean energy and necessary infrastructure to 
     support the deployment of clean energy on vessels of the 
     United States;
       ``(B) monitor and assess, on an ongoing basis, the current 
     state of knowledge regarding emerging marine technologies in 
     the United States;
       ``(C) identify any significant gaps in emerging marine 
     technologies research specific to the United States maritime 
     industry, and seek to fill those gaps;
       ``(D) conduct research, development, testing, and 
     evaluation for equipment, technologies, and techniques to 
     address the components under subsection (a)(2);
       ``(E) provide--
       ``(i) guidance on best available technologies;
       ``(ii) technical analysis;
       ``(iii) assistance with understanding complex regulatory 
     requirements; and
       ``(iv) documentation of best practices in the maritime 
     industry, including training and informational webinars on 
     solutions for the maritime industry; and
       ``(F) work with academic and private sector response 
     training centers and Domestic Maritime Workforce Training and 
     Education Centers of Excellence to develop maritime 
     strategies applicable to various segments of the United 
     States maritime industry, including the inland, deep water, 
     and coastal fleets.''.

     SEC. 3542. QUIETING FEDERAL NON-COMBATIVE VESSELS.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Administrator of the National Oceanic and 
     Atmospheric Administration, the Administrator of the Maritime 
     Administration, and the Secretary of the department in which 
     the Coast Guard is operating, shall, not later than 18 months 
     after the date of enactment of this section, submit a report 
     to the committees identified under subsection (b) and publish 
     an unclassified report--
       (1) identifying existing, at the time of submission, non-
     classified naval technologies that reduce underwater noise; 
     and
       (2) evaluating the effectiveness and feasibility of 
     incorporating such technologies in the design, procurement, 
     and construction of non-combatant vessels of the United 
     States.
       (b) Committees.--The report under subsection (a) shall be 
     submitted the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 3543. STUDY ON STORMWATER IMPACTS ON SALMON.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this section, the Administrator of the National 
     Oceanic and Atmospheric Administration, in concert with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall commence a study 
     that--
       (1) examines the existing science on tire-related chemicals 
     in stormwater runoff at ports and associated transportation 
     infrastructure and the impacts of such chemicals on Pacific 
     salmon and steelhead;
       (2) examines the challenges of studying tire-related 
     chemicals in stormwater runoff at ports and associated 
     transportation infrastructure and the impacts of such 
     chemicals on Pacific salmon and steelhead;
       (3) provides recommendations for improving monitoring of 
     stormwater and research related to run-off for tire-related 
     chemicals and the impacts of such chemicals on Pacific salmon 
     and steelhead at ports and associated transportation 
     infrastructure near ports; and
       (4) provides recommendations based on the best available 
     science on relevant management approaches at ports and 
     associated transportation infrastructure under their 
     respective jurisdictions.
       (b) Submission of Study.--Not later than 18 months after 
     commencing the study under subsection (a), the Administrator 
     of the National Oceanic and Atmospheric Administration, in 
     concert with the Secretary of Transportation and the 
     Administrator of the Environmental Protection Agency, shall--
       (1) submit the study to the Committee on and Environment 
     and Public Works Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, including detailing any 
     findings from the study; and
       (2) make such study publicly available.

     SEC. 3544. STUDY TO EVALUATE EFFECTIVE VESSEL QUIETING 
                   MEASURES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator of the Maritime 
     Administration, in consultation with the Under Secretary of 
     Commerce for Oceans and Atmosphere and the Secretary of the 
     Department in which the Coast Guard is operating, shall 
     submit to the committees identified under subsection (b), and 
     make publicly available on the website of the Department of 
     Transportation, a report that includes, at a minimum--
       (1) a review of technology-based controls and best 
     management practices for reducing vessel-generated underwater 
     noise; and
       (2) for each technology-based control and best management 
     practice identified, an evaluation of--
       (A) the applicability of each measure to various vessel 
     types;
       (B) the technical feasibility and economic achievability of 
     each measure; and
       (C) the co-benefits and trade-offs of each measure.
       (b) Committees.--The report under subsection (a) shall be 
     submitted to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
                                 ______
                                 
  SA 6438. 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 end, add the following:

     DIVISION E--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS

     SEC. 5001. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

     DIVISION E--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS

Sec. 5001. Table of contents.

                      TITLE LI--HOMELAND SECURITY

      Subtitle A--Global Catastrophic Risk Management Act of 2022

Sec. 5101. Short title.
Sec. 5102. Definitions.
Sec. 5103. Interagency committee on global catastrophic risk.
Sec. 5104. Report required.
Sec. 5105. Report on continuity of operations and continuity of 
              government planning.
Sec. 5106. Enhanced catastrophic incident annex.
Sec. 5107. Validation of the strategy through an exercise.
Sec. 5108. Recommendations.
Sec. 5109. Reporting requirements.
Sec. 5110. Rule of construction.

          Subtitle B--DHS Trade and Economic Security Council

Sec. 5111. DHS Trade and Economic Security Council.

         Subtitle C--Transnational Criminal Investigative Units

Sec. 5121. Short title.

[[Page S6026]]

Sec. 5122. Stipends for Transnational Criminal Investigative Units.

      Subtitle D--Technological Hazards Preparedness and Training

Sec. 5131. Short title.
Sec. 5132. Definitions.
Sec. 5133. Assistance and Training for Communities with Technological 
              Hazards and Related Emerging Threats.
Sec. 5134. Authorization of Appropriations.
Sec. 5135. Savings provision.

   Subtitle E--Offices of Countering Weapons of Mass Destruction and 
                            Health Security

Sec. 5141. Short title.

        Chapter 1--Countering Weapons of Mass Destruction Office

Sec. 5142. Countering Weapons of Mass Destruction Office.
Sec. 5143. Rule of construction.

                  Chapter 2--Office of Health Security

Sec. 5144. Office of Health Security.
Sec. 5145. Medical countermeasures program.
Sec. 5146. Confidentiality of medical quality assurance records.
Sec. 5147. Portability of licensure.
Sec. 5148. Technical and conforming amendments.

                Subtitle F--Satellite Cybersecurity Act

Sec. 5151. Short title.
Sec. 5152. Definitions.
Sec. 5153. Report on commercial satellite cybersecurity.
Sec. 5154. Responsibilities of the cybersecurity and infrastructure 
              security agency.
Sec. 5155. Strategy.
Sec. 5156. Rules of construction.

                       Subtitle G--Pray Safe Act

Sec. 5161. Short title.
Sec. 5162. Definitions.
Sec. 5163. Federal Clearinghouse on Safety and Security Best Practices 
              for Faith-Based Organizations and Houses of Worship.
Sec. 5164. Notification of Clearinghouse.
Sec. 5165. Grant program overview.
Sec. 5166. Other resources.
Sec. 5167. Rule of construction.
Sec. 5168. Exemption.

      Subtitle H--Invent Here, Make Here for Homeland Security Act

Sec. 5171. Short title.
Sec. 5172. Preference for United States industry.

           Subtitle I--DHS Joint Task Forces Reauthorization

Sec. 5181. Short title.
Sec. 5182. Sense of the Senate.
Sec. 5183. Amending section 708 of the Homeland Security Act of 2002.

                      Subtitle J--Other Provisions

                     Chapter 1--Deepfake Task Force

Sec. 5191 Short title.
Sec. 5192. National deepfake and digital provenance task force.

         Chapter 2--CISA Technical Corrections and Improvements

Sec. 5194. CISA Technical Corrections and Improvements.

          Chapter 3--Post-Disaster Mental Health Response Act

Sec. 5198. Post-Disaster Mental Health Response.

                    TITLE LII--GOVERNMENTAL AFFAIRS

              Subtitle A--Safeguarding American Innovation

Sec. 5201. Short title.
Sec. 5202. Federal Research Security Council.
Sec. 5203. Federal grant application fraud.
Sec. 5204. Restricting the acquisition of emerging technologies by 
              certain aliens.

  Subtitle B--Intragovernmental Cybersecurity Information Sharing Act

Sec. 5211. Requirement for information sharing agreements.

        Subtitle C--Improving Government for America's Taxpayers

Sec. 5221. Government Accountability Office unimplemented priority 
              recommendations.

                 Subtitle D--Advancing American AI Act

Sec. 5231. Short title.
Sec. 5232. Purposes.
Sec. 5233. Definitions.
Sec. 5234. Principles and policies for use of artificial intelligence 
              in Government.
Sec. 5235. Agency inventories and artificial intelligence use cases.
Sec. 5236. Rapid pilot, deployment and scale of applied artificial 
              intelligence capabilities to demonstrate modernization 
              activities related to use cases.
Sec. 5237. Enabling entrepreneurs and agency missions.

                  Subtitle E--Strategic EV Management

Sec. 5241. Short Title.
Sec. 5242. Definitions.
Sec. 5243. Strategic guidance.
Sec. 5244. Study of Federal fleet vehicles.

              Subtitle F--Congressionally Mandated Reports

Sec. 5251. Short title.
Sec. 5252. Definitions.
Sec. 5253. Establishment of online portal for congressionally mandated 
              reports.
Sec. 5254. Federal agency responsibilities.
Sec. 5255. Changing or removing reports.
Sec. 5256. Withholding of information.
Sec. 5257. Implementation.
Sec. 5258. Determination of budgetary effects.

                      TITLE LI--HOMELAND SECURITY

      Subtitle A--Global Catastrophic Risk Management Act of 2022

     SEC. 5101. SHORT TITLE.

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

     SEC. 5102. DEFINITIONS.

       In this subtitle:
       (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 5103.
       (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. 5103. 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;

[[Page S6027]]

       (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. 5104. 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 --
       (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. 5105. 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 5104, 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. 5106. 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

[[Page S6028]]

     restricted, annex to be made available to the appropriate 
     committees of Congress and appropriate government entities.

     SEC. 5107. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.

       Not later than 1 year after the addition of the annex 
     required under section 5106, 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 5106.

     SEC. 5108. 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 5106, 
     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 5106.
       (b) Inclusion in Reports.--The President may include the 
     recommendations required under subsection (a) in a report 
     submitted under section 5109.

     SEC. 5109. REPORTING REQUIREMENTS.

       Not later than 1 year after the date on which Department of 
     Homeland Security leads the exercise under section 5107, the 
     President shall submit to Congress a report that includes--
       (1) a description of the efforts of the President to 
     develop and update the strategy required under section 5106; 
     and
       (2) an after-action report following the conduct of the 
     exercise described in section 5107.

     SEC. 5110. RULE OF CONSTRUCTION.

       Nothing in this subtitle 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.).

          Subtitle B--DHS Trade and Economic Security Council

     SEC. 5111. 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.

         Subtitle C--Transnational Criminal Investigative Units

     SEC. 5121. SHORT TITLE.

       This subtitle may be cited as the ``Transnational Criminal 
     Investigative Unit Stipend Act''.

     SEC. 5122. STIPENDS FOR TRANSNATIONAL CRIMINAL INVESTIGATIVE 
                   UNITS.

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

     ``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.''.
       (b) Clerical Amendment.--The table of contents for the 
     Homeland Security Act of

[[Page S6029]]

     2002 (Public Law 107-296) is amended by inserting after the 
     item relating to section 890B the following:

``Sec. 890C. Transnational Criminal Investigative Units.''.

      Subtitle D--Technological Hazards Preparedness and Training

     SEC. 5131. SHORT TITLE.

       This subtitle may be cited as the ``Technological Hazards 
     Preparedness and Training Act of 2022''.

     SEC. 5132. DEFINITIONS.

       In this subtitle:
       (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
       (B) includes a chemical, radiological, biological, and 
     nuclear hazard.

     SEC. 5133. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH 
                   TECHNOLOGICAL HAZARDS AND RELATED EMERGING 
                   THREATS.

       (a) 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.
       (b) Authorities.--The Administrator shall carry out 
     subsection (a) in accordance with--
       (1) the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.);
       (2) section 1236 of the Disaster Recovery Reform Act of 
     2018 (42 U.S.C. 5196g); and
       (3) the Post-Katrina Emergency Management Reform Act of 
     2006 (Public Law 109-295; 120 Stat. 1394).
       (c) Assessment and Notification.--In carrying out 
     subsection (a), the Administrator shall--
       (1) 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
       (2) ensure each State and Indian Tribal government is aware 
     of--
       (A) the communities identified under paragraph (1); and
       (B) the availability of programming under this section 
     for--
       (i) technological hazards and related emerging threats 
     preparedness; and
       (ii) building community capability.
       (d) 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--
       (1) actions taken to implement this section; and
       (2) 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.
       (e) 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.

     SEC. 5134. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle $20,000,000 for each of fiscal years 2023 through 
     2024.

     SEC. 5135. SAVINGS PROVISION.

       Nothing in this subtitle 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).

   Subtitle E--Offices of Countering Weapons of Mass Destruction and 
                            Health Security

     SEC. 5141. SHORT TITLE.

       This subtitle may be cited as the ``Offices of Countering 
     Weapons of Mass Destruction and Health Security Act of 
     2022''.

        CHAPTER 1--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     SEC. 5142. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) Homeland Security Act of 2002.--Title XIX of the 
     Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is 
     amended--
       (1) in section 1901 (6 U.S.C. 591)--
       (A) in subsection (c), by amending paragraphs (1) and (2) 
     to read as follows:
       ``(1) matters and strategies pertaining to--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats.''; and
       (B) by striking subsection (e);
       (2) by amending section 1921 (6 U.S.C. 591g) to read as 
     follows:

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for--
       ``(1) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) enhancing the ability of Federal, State, local, 
     Tribal, and territorial partners to prevent, detect, protect 
     against, and mitigate the impacts of attacks using--
       ``(A) weapons of mass destruction against the United 
     States; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats against the United States.'';
       (3) in section 1922 (6 U.S.C. 591h)--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b);
       (4) in section 1923 (6 U.S.C. 592)--
       (A) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (B) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Office Responsibilities.--
       ``(1) In general.--For the purposes of coordinating the 
     efforts of the Department to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, the Office shall--
       ``(A) provide expertise and guidance to Department 
     leadership and components on chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     subject to the research, development, testing, and evaluation 
     coordination requirement described in subparagraph (G);
       ``(B) in coordination with the Office for Strategy, Policy, 
     and Plans, lead development of policies and strategies to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats on 
     behalf of the Department;
       ``(C) identify, assess, and prioritize capability gaps 
     relating to the strategic and mission objectives of the 
     Department for weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(D) in coordination with the Office of Intelligence and 
     Analysis, support components of the Department, and Federal, 
     State, local, Tribal, and territorial partners, provide 
     intelligence and information analysis and reports on weapons 
     of mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(E) in consultation with the Science and Technology 
     Directorate, assess risk to the United States from weapons of 
     mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(F) lead development and prioritization of Department 
     requirements to counter weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, subject to the research, 
     development, testing, and evaluation coordination requirement 
     described in subparagraph (G), which requirements shall be--
       ``(i) developed in coordination with end users; and
       ``(ii) reviewed by the Joint Requirements Council, as 
     directed by the Secretary;
       ``(G) in coordination with the Science and Technology 
     Directorate, direct, fund, and coordinate capability 
     development activities to counter weapons of mass destruction 
     and all chemical, biological, radiological, nuclear, and 
     other related emerging threats research, development, test, 
     and evaluation matters, including research, development, 
     testing, and evaluation expertise, threat characterization, 
     technology maturation, prototyping, and technology 
     transition;
       ``(H) acquire, procure, and deploy counter weapons of mass 
     destruction capabilities, and serve as the lead advisor of 
     the Department on component acquisition, procurement, and 
     deployment of counter-weapons of mass destruction 
     capabilities;
       ``(I) in coordination with the Office of Health Security, 
     support components of the Department, and Federal, State, 
     local, Tribal, and territorial partners on chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats health matters;
       ``(J) provide expertise on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats to Department and Federal partners 
     to support engagements and efforts with international 
     partners subject to the research, development, testing, and 
     evaluation

[[Page S6030]]

     coordination requirement under subparagraph (G); and
       ``(K) carry out any other duties assigned to the Office by 
     the Secretary.
       ``(2) Detection and reporting.--For purposes of the 
     detection and reporting responsibilities of the Office for 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     the Office shall--
       ``(A) in coordination with end users, including State, 
     local, Tribal, and territorial partners, as appropriate--
       ``(i) carry out a program to test and evaluate technology, 
     in consultation with the Science and Technology Directorate, 
     to detect and report on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material, in 
     coordination with other Federal agencies, as appropriate, and 
     establish performance metrics to evaluate the effectiveness 
     of individual detectors and detection systems in detecting 
     those weapons or material--

       ``(I) under realistic operational and environmental 
     conditions; and
       ``(II) against realistic adversary tactics and 
     countermeasures;

       ``(B) in coordination with end users, conduct, support, 
     coordinate, and encourage a transformational program of 
     research and development to generate and improve technologies 
     to detect, protect against, and report on the illicit entry, 
     transport, assembly, or potential use within the United 
     States of weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats weapons or unauthorized material, and coordinate with 
     the Under Secretary for Science and Technology on research 
     and development efforts relevant to the mission of the Office 
     and the Under Secretary for Science and Technology;
       ``(C) before carrying out operational testing under 
     subparagraph (A), develop a testing and evaluation plan that 
     articulates the requirements for the user and describes how 
     these capability needs will be tested in developmental test 
     and evaluation and operational test and evaluation;
       ``(D) as appropriate, develop, acquire, and deploy 
     equipment to detect and report on weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats weapons or unauthorized material in 
     support of Federal, State, local, Tribal, and territorial 
     governments;
       ``(E) support and enhance the effective sharing and use of 
     appropriate information on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats and related emerging issues 
     generated by elements of the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)), law enforcement agencies, other Federal 
     agencies, State, local, Tribal, and territorial governments, 
     and foreign governments, as well as provide appropriate 
     information to those entities;
       ``(F) consult, as appropriate, with the Federal Emergency 
     Management Agency and other departmental components, on 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats and 
     efforts to mitigate, prepare, and respond to all threats in 
     support of the State, local, and Tribal communities; and
       ``(G) perform other duties as assigned by the Secretary.'';
       (C) in subsection (b), as so redesignated--
       (i) in the subsection heading, by striking ``Mission'' and 
     inserting ``Radiological and Nuclear Responsibilities'';
       (ii) in paragraph (1)--

       (I) by inserting ``deploy,'' after ``acquire,''; and
       (II) by striking ``deployment'' and inserting 
     ``operations'';

       (iii) by striking paragraphs (6) through (10);
       (iv) redesignating paragraphs (11) and (12) as paragraphs 
     (6) and (7), respectively;
       (v) in paragraph (6)(B), as so redesignated, by striking 
     ``national strategic five-year plan referred to in paragraph 
     (10)'' and inserting ``United States national technical 
     nuclear forensics strategic planning'';
       (vi) in paragraph (7)(C)(v), as so redesignated--

       (I) in the matter preceding subclause (I), by inserting 
     ``except as otherwise provided,'' before ``require''; and
       (II) in subclause (II)--

       (aa) in the matter preceding item (aa), by striking ``death 
     or disability'' and inserting ``death, disability, or a 
     finding of good cause as determined by the Assistant 
     Secretary (including extreme hardship, extreme need, or the 
     needs of the Office) and for which the Assistant Secretary 
     may grant a waiver of the repayment obligation''; and
       (bb) in item (bb), by adding ``and'' at the end;
       (vii) by striking paragraph (13); and
       (viii) by redesignating paragraph (14) as paragraph (8); 
     and
       (D) by inserting after subsection (b), as so redesignated, 
     the following:
       ``(c) Chemical and Biological Responsibilities.--The 
     Office--
       ``(1) shall be responsible for coordinating with other 
     Federal efforts to enhance the ability of Federal, State, 
     local, and Tribal governments to prevent, detect, protect 
     against, and mitigate the impacts of chemical and biological 
     threats against the United States; and
       ``(2) shall--
       ``(A) serve as a primary entity of the Federal Government 
     to further develop, acquire, deploy, and support the 
     operations of a national biosurveillance system in support of 
     Federal, State, local, Tribal, and territorial governments, 
     and improve that system over time;
       ``(B) enhance the chemical and biological detection efforts 
     of Federal, State, local, Tribal, and territorial governments 
     and provide guidance, tools, and training to help ensure a 
     managed, coordinated response; and
       ``(C) collaborate with the Biomedical Advanced Research and 
     Development Authority, the Office of Health Security, the 
     Defense Advanced Research Projects Agency, and the National 
     Aeronautics and Space Administration, and other relevant 
     Federal stakeholders, and receive input from industry, 
     academia, and the national laboratories on chemical and 
     biological surveillance efforts.'';
       (5) in section 1924 (6 U.S.C. 593), by striking ``section 
     11011 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and 
     inserting ``section 4092 of title 10, United States Code, 
     except that the authority shall be limited to facilitate the 
     recruitment of experts in the chemical, biological, 
     radiological, or nuclear specialties.'';
       (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
       (A) in clause (i), by striking ``required under section 
     1036 of the National Defense Authorization Act for Fiscal 
     Year 2010'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) includes any other information regarding national 
     technical nuclear forensics activities carried out under 
     section 1923.'';
       (7) in section 1928 (6 U.S.C. 596b)--
       (A) in subsection (c)(1), by striking ``from among high-
     risk urban areas under section 2003'' and inserting ``based 
     on the capability and capacity of the jurisdiction, as well 
     as the relative threat, vulnerability, and consequences from 
     terrorist attacks and other high-consequence events utilizing 
     nuclear or other radiological materials''; and
       (B) by striking subsection (d) and inserting the following:
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary 
     shall submit to the appropriate congressional committees an 
     update on the STC program.''; and
       (8) by adding at the end the following:

     ``SEC. 1929. ACCOUNTABILITY.

       ``(a) Departmentwide Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, which should--
       ``(A) have clearly identified authorities, specified roles, 
     objectives, benchmarks, accountability, and timelines;
       ``(B) incorporate the perspectives of non-Federal and 
     private sector partners; and
       ``(C) articulate how the Department will contribute to 
     relevant national-level strategies and work with other 
     Federal agencies.
       ``(2) Consideration.--The Secretary shall appropriately 
     consider weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats when creating the strategy and implementation plan 
     required under paragraph (1).
       ``(3) Report.--The Office shall submit to the appropriate 
     congressional committees a report on the updated 
     Departmentwide strategy and implementation plan required 
     under paragraph (1).
       ``(b) Departmentwide Biodefense Review and Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2022, the Secretary, 
     in consultation with appropriate stakeholders representing 
     Federal, State, Tribal, territorial, academic, private 
     sector, and nongovernmental entities, shall conduct a 
     Departmentwide review of biodefense activities and 
     strategies.
       ``(2) Review.--The review required under paragraph (1) 
     shall--
       ``(A) identify with specificity the biodefense lines of 
     effort of the Department, including relating to biodefense 
     roles, responsibilities, and capabilities of components and 
     offices of the Department;
       ``(B) assess how such components and offices coordinate 
     internally and with public and private partners in the 
     biodefense enterprise;
       ``(C) identify any policy, resource, capability, or other 
     gaps in the Department's ability to assess, prevent, protect 
     against, and respond to biological threats; and
       ``(D) identify any organizational changes or reforms 
     necessary for the Department to effectively execute its 
     biodefense mission and role, including with respect to public 
     and private partners in the biodefense enterprise.

[[Page S6031]]

       ``(3) Strategy.--Not later than 1 year after completion of 
     the review required under paragraph (1), the Secretary shall 
     issue a biodefense strategy for the Department that--
       ``(A) is informed by such review and is aligned with 
     section 1086 of the National Defense Authorization Act for 
     Fiscal Year 2017 (6 U.S.C. 104; relating to the development 
     of a national biodefense strategy and associated 
     implementation plan, including a review and assessment of 
     biodefense policies, practices, programs, and initiatives) or 
     any successor strategy; and
       ``(B) shall--
       ``(i) describe the biodefense mission and role of the 
     Department, as well as how such mission and role relates to 
     the biodefense lines of effort of the Department;
       ``(ii) clarify, as necessary, biodefense roles, 
     responsibilities, and capabilities of the components and 
     offices of the Department involved in the biodefense lines of 
     effort of the Department;
       ``(iii) establish how biodefense lines of effort of the 
     Department are to be coordinated within the Department;
       ``(iv) establish how the Department engages with public and 
     private partners in the biodefense enterprise, including 
     other Federal agencies, national laboratories and sites, and 
     State, local, Tribal, and territorial entities, with 
     specificity regarding the frequency and nature of such 
     engagement by Department components and offices with State, 
     local, Tribal and territorial entities; and
       ``(v) include information relating to--

       ``(I) milestones and performance metrics that are specific 
     to the biodefense mission and role of the Department 
     described in clause (i); and
       ``(II) implementation of any operational changes necessary 
     to carry out clauses (iii) and (iv).

       ``(4) Periodic update.--Beginning not later than 5 years 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), and not 
     less often than once every 5 years thereafter, the Secretary 
     shall review and update, as necessary, such strategy and 
     plans.
       ``(5) Congressional oversight.--Not later than 30 days 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     such strategy and plans.
       ``(c) Employee Morale.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the Office 
     shall submit to and brief the appropriate congressional 
     committees on a strategy and plan to continuously improve 
     morale within the Office.
       ``(d) Comptroller General.--Not later than 1 year after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Comptroller General of the United States shall conduct a 
     review of and brief the appropriate congressional committees 
     on--
       ``(1) the efforts of the Office to prioritize the programs 
     and activities that carry out the mission of the Office, 
     including research and development;
       ``(2) the consistency and effectiveness of stakeholder 
     coordination across the mission of the Department, including 
     operational and support components of the Department and 
     State and local entities; and
       ``(3) the efforts of the Office to manage and coordinate 
     the lifecycle of research and development within the Office 
     and with other components of the Department, including the 
     Science and Technology Directorate.
       ``(e) National Academies of Sciences, Engineering, and 
     Medicine.--
       ``(1) Study.--The Secretary shall enter into an agreement 
     with the National Academies of Sciences, Engineering, and 
     Medicine to conduct a consensus study and report to the 
     Secretary and the appropriate congressional committees on--
       ``(A) the role of the Department in preparing, detecting, 
     and responding to biological and health security threats to 
     the homeland;
       ``(B) recommendations to improve departmental 
     biosurveillance efforts against biological threats, including 
     any relevant biological detection methods and technologies; 
     and
       ``(C) the feasibility of different technological advances 
     for biodetection compared to the cost, risk reduction, and 
     timeliness of those advances.
       ``(2) Briefing.--Not later than 1 year after the date on 
     which the Secretary receives the report required under 
     paragraph (1), the Secretary shall brief the appropriate 
     congressional committees on--
       ``(A) the implementation of the recommendations included in 
     the report; and
       ``(B) the status of biological detection at the Department, 
     and, if applicable, timelines for the transition from 
     Biowatch to updated technology.
       ``(f) Advisory Council.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2022, the 
     Secretary shall establish an advisory body to advise on the 
     ongoing coordination of the efforts of the Department to 
     counter weapons of mass destruction, to be known as the 
     Advisory Council for Countering Weapons of Mass Destruction 
     (in this subsection referred to as the `Advisory Council').
       ``(2) Membership.--The members of the Advisory Council 
     shall--
       ``(A) be appointed by the Assistant Secretary; and
       ``(B) to the extent practicable, represent a geographic 
     (including urban and rural) and substantive cross section of 
     officials, from State, local, and Tribal governments, 
     academia, the private sector, national laboratories, and 
     nongovernmental organizations, including, as appropriate--
       ``(i) members selected from the emergency management field 
     and emergency response providers;
       ``(ii) State, local, and Tribal government officials;
       ``(iii) experts in the public and private sectors with 
     expertise in chemical, biological, radiological, and nuclear 
     agents and weapons;
       ``(iv) representatives from the national laboratories; and
       ``(v) such other individuals as the Assistant Secretary 
     determines to be appropriate.
       ``(3) Responsibilities.-- The Advisory Council shall--
       ``(A) advise the Assistant Secretary on all aspects of 
     countering weapons of mass destruction;
       ``(B) incorporate State, local, and Tribal government, 
     national laboratories, and private sector input in the 
     development of the strategy and implementation plan of the 
     Department for countering weapons of mass destruction; and
       ``(C) establish performance criteria for a national 
     biological detection system and review the testing protocol 
     for biological detection prototypes.
       ``(4) Consultation.--To ensure input from and coordination 
     with State, local, and Tribal governments, the Assistant 
     Secretary shall regularly consult and work with the Advisory 
     Council on the administration of Federal assistance provided 
     by the Department, including with respect to the development 
     of requirements for countering weapons of mass destruction 
     programs, as appropriate.
       ``(5) Voluntary service.--The members of the Advisory 
     Council shall serve on the Advisory Council on a voluntary 
     basis.
       ``(6) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Advisory Council.''.
       (b) Countering Weapons of Mass Destruction Act of 2018.--
     Section 2 of the Countering Weapons of Mass Destruction Act 
     of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
       (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
     ``1927'' and inserting ``1926''; and
       (2) in subsection (g) (6 U.S.C. 591 note)--
       (A) in the matter preceding paragraph (1), by striking 
     ``one year after the date of the enactment of this Act, and 
     annually thereafter,'' and inserting ``June 30 of each 
     year,''; and
       (B) in paragraph (2), by striking ``Security, including 
     research and development activities'' and inserting 
     ``Security''.
       (c) Security and Accountability for Every Port Act of 
     2006.--The Security and Accountability for Every Port Act of 
     2006 (6 U.S.C. 901 et seq.) is amended--
       (1) in section 1(b) (Public Law 109-347; 120 Stat 1884), by 
     striking the item relating to section 502; and
       (2) by striking section 502 (6 U.S.C. 592a).

     SEC. 5143. RULE OF CONSTRUCTION.

       Nothing in this chapter or the amendments made by this 
     chapter shall be construed to affect or diminish the 
     authorities or responsibilities of the Under Secretary for 
     Science and Technology.

                  CHAPTER 2--OFFICE OF HEALTH SECURITY

     SEC. 5144. OFFICE OF HEALTH SECURITY.

       (a) Establishment.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) in section 103 (6 U.S.C. 113)--
       (A) in subsection (a)(2)--
       (i) by striking ``the Assistant Secretary for Health 
     Affairs,''; and
       (ii) by striking ``Affairs, or'' and inserting ``Affairs 
     or''; and
       (B) in subsection (d), by adding at the end the following:
       ``(6) A Chief Medical Officer.'';
       (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

       (3) by redesignating section 1931 (6 U.S.C. 597) as section 
     2301 and transferring such section to appear after the 
     heading for title XXIII, as added by paragraph (2); and
       (4) in section 2301, as so redesignated--
       (A) in the section heading, by striking ``chief medical 
     officer'' and inserting ``office of health security'';
       (B) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--There is established in the Department 
     an Office of Health Security.
       ``(b) Head of Office of Health Security.--The Office of 
     Health Security shall be headed by a chief medical officer, 
     who shall--
       ``(1) be the Assistant Secretary for Health Security and 
     the Chief Medical Officer of the Department;
       ``(2) be a licensed physician possessing a demonstrated 
     ability in and knowledge of medicine and public health;
       ``(3) be appointed by the President; and
       ``(4) report directly to the Secretary.'';
       (C) in subsection (c)--

[[Page S6032]]

       (i) in the matter preceding paragraph (1), by striking 
     ``medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters'' and inserting 
     ``oversight of all medical, public health, and workforce 
     health and safety matters of the Department'';
       (ii) in paragraph (1), by striking ``, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials'' and inserting 
     ``and all other Department officials'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (13); and
       (v) by inserting after paragraph (4) the following:
       ``(5) overseeing all medical and public health activities 
     of the Department, including the delivery, advisement, and 
     oversight of direct patient care and the organization, 
     management, and staffing of component operations that deliver 
     direct patient care;
       ``(6) advising the head of each component of the Department 
     that delivers direct patient care regarding the recruitment 
     and appointment of a component chief medical officer and 
     deputy chief medical officer or the employee who functions in 
     the capacity of chief medical officer and deputy chief 
     medical officer;
       ``(7) advising the Secretary and the head of each component 
     of the Department that delivers direct patient care regarding 
     knowledge and skill standards for medical personnel and the 
     assessment of that knowledge and skill;
       ``(8) advising the Secretary and the head of each component 
     of the Department that delivers patient care regarding the 
     collection, storage, and oversight of medical records;
       ``(9) with respect to any psychological health counseling 
     or assistance program of the Department, including such a 
     program of a law enforcement, operational, or support 
     component of the Department, advising the head of each such 
     component with such a program regarding--
       ``(A) ensuring such program includes safeguards against 
     adverse action, including automatic referrals for a fitness 
     for duty examination, by such component with respect to any 
     employee solely because such employee self-identifies a need 
     for psychological health counseling or assistance or receives 
     such counseling or assistance;
       ``(B) increasing the availability and number of local 
     psychological health professionals with experience providing 
     psychological support services to personnel;
       ``(C) establishing a behavioral health curriculum for 
     employees at the beginning of their careers to provide 
     resources early regarding the importance of psychological 
     health;
       ``(D) establishing periodic management training on crisis 
     intervention and such component's psychological health 
     counseling or assistance program;
       ``(E) improving any associated existing employee peer 
     support programs, including by making additional training and 
     resources available for peer support personnel in the 
     workplace across such component;
       ``(F) developing and implementing a voluntary alcohol 
     treatment program that includes a safe harbor for employees 
     who seek treatment;
       ``(G) including, when appropriate, collaborating and 
     partnering with key employee stakeholders and, for those 
     components with employees with an exclusive representative, 
     the exclusive representative with respect to such a program;
       ``(10) in consultation with the Chief Information Officer 
     of the Department--
       ``(A) identifying methods and technologies for managing, 
     updating, and overseeing patient records; and
       ``(B) setting standards for technology used by the 
     components of the Department regarding the collection, 
     storage, and oversight of medical records;
       ``(11) advising the Secretary and the head of each 
     component of the Department that delivers direct patient care 
     regarding contracts for the delivery of direct patient care, 
     other medical services, and medical supplies;
       ``(12) coordinating with the Countering Weapons of Mass 
     Destruction Office and other components of the Department as 
     directed by the Secretary to enhance the ability of Federal, 
     State, local, Tribal, and territorial governments to prevent, 
     detect, protect against, and mitigate the health effects of 
     chemical, biological, radiological, and nuclear issues; 
     and''; and
       (D) by adding at the end the following:
       ``(d) Assistance and Agreements.--The Secretary, acting 
     through the Chief Medical Officer, in support of the medical 
     and public health activities of the Department, may--
       ``(1) provide technical assistance, training, and 
     information and distribute funds through grants and 
     cooperative agreements to State, local, Tribal, and 
     territorial governments and nongovernmental organizations;
       ``(2) enter into other transactions;
       ``(3) enter into agreements with other Federal agencies; 
     and
       ``(4) accept services from personnel of components of the 
     Department and other Federal agencies on a reimbursable or 
     nonreimbursable basis.
       ``(e) Office of Health Security Privacy Officer.--There 
     shall be a Privacy Officer in the Office of Health Security 
     with primary responsibility for privacy policy and compliance 
     within the Office, who shall--
       ``(1) report directly to the Chief Medical Officer; and
       ``(2) ensure privacy protections are integrated into all 
     Office of Health Security activities, subject to the review 
     and approval of the Privacy Officer of the Department to the 
     extent consistent with the authority of the Privacy Officer 
     of the Department under section 222.
       ``(f) Accountability.--
       ``(1) Strategy and implementation plan.--Not later than 180 
     days after the date of enactment of this section, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to address health threats.
       ``(2) Briefing.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall brief the 
     appropriate congressional committees on the organizational 
     transformations of the Office of Health Security, including 
     how best practices were used in the creation of the Office of 
     Health Security.'';
       (5) by redesignating section 710 (6 U.S.C. 350) as section 
     2302 and transferring such section to appear after section 
     2301, as so redesignated;
       (6) in section 2302, as so redesignated--
       (A) in the section heading, by striking ``medical support'' 
     and inserting ``safety'';
       (B) in subsection (a), by striking ``Under Secretary for 
     Management'' each place that term appears and inserting 
     ``Chief Medical Officer''; and
       (C) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Management, in coordination with the 
     Chief Medical Officer,'' and inserting ``Chief Medical 
     Officer''; and
       (ii) in paragraph (3), by striking ``as deemed appropriate 
     by the Under Secretary,'';
       (7) by redesignating section 528 (6 U.S.C. 321q) as section 
     2303 and transferring such section to appear after section 
     2302, as so redesignated; and
       (8) in section 2303(a), as so redesignated, by striking 
     ``Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office'' and inserting ``Chief Medical Officer''.
       (b) Transition and Transfers.--
       (1) Transition.--The individual appointed pursuant to 
     section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
     597) of the Department of Homeland Security, as in effect on 
     the day before the date of enactment of this Act, and serving 
     as the Chief Medical Officer of the Department of Homeland 
     Security on the day before the date of enactment of this Act, 
     shall continue to serve as the Chief Medical Officer of the 
     Department on and after the date of enactment of this Act 
     without the need for reappointment.
       (2) Rule of construction.--The rule of construction 
     described in section 2(hh) of the Presidential Appointment 
     Efficiency and Streamlining Act of 2011 (5 U.S.C. 3132 note) 
     shall not apply to the Chief Medical Officer of the 
     Department of Homeland Security, including the incumbent who 
     holds the position on the day before the date of enactment of 
     this Act, and such officer shall be paid pursuant to section 
     3132(a)(2) or 5315 of title 5, United States Code.
       (3) Transfer.--The Secretary of Homeland Security shall 
     transfer to the Chief Medical Officer of the Department of 
     Homeland Security--
       (A) all functions, personnel, budget authority, and assets 
     of the Under Secretary for Management relating to workforce 
     health and safety, as in existence on the day before the date 
     of enactment of this Act;
       (B) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office relating to the Chief Medical Officer, 
     including the Medical Operations Directorate of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the date of enactment of this 
     Act; and
       (C) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office associated with the efforts pertaining to 
     the program coordination activities relating to defending the 
     food, agriculture, and veterinary defenses of the Office, as 
     in existence on the day before the date of enactment of this 
     Act.

     SEC. 5145. MEDICAL COUNTERMEASURES PROGRAM.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by redesignating section 1932 (6 U.S.C. 597a) as 
     section 2304 and transferring such section to appear after 
     section 2303, as so redesignated by section 5144 of this 
     subtitle.

     SEC. 5146. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       Title XXIII of the Homeland Security Act of 2002, as added 
     by this chapter, is amended by adding at the end the 
     following:

     ``SEC. 2305. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) Definitions.--In this section:
       ``(1) Health care provider.--The term `health care 
     provider' means an individual who--
       ``(A) is--
       ``(i) an employee of the Department;
       ``(ii) a detailee to the Department from another Federal 
     agency;
       ``(iii) a personal services contractor of the Department; 
     or
       ``(iv) hired under a contract for services;
       ``(B) performs health care services as part of duties of 
     the individual in that capacity; and

[[Page S6033]]

       ``(C) has a current, valid, and unrestricted license or 
     certification--
       ``(i) that is issued by a State, the District of Columbia, 
     or a commonwealth, territory, or possession of the United 
     States; and
       ``(ii) that is for the practice of medicine, osteopathic 
     medicine, dentistry, nursing, emergency medical services, or 
     another health profession.
       ``(2) Medical quality assurance program.--The term `medical 
     quality assurance program' means any activity carried out by 
     the Department to assess the quality of medical care, 
     including activities conducted by individuals, committees, or 
     other review bodies responsible for quality assurance, 
     credentials, infection control, incident reporting, the 
     delivery, advisement, and oversight of direct patient care 
     and assessment (including treatment procedures, blood, drugs, 
     and therapeutics), medical records, health resources 
     management review, and identification and prevention of 
     medical, mental health, or dental incidents and risks.
       ``(3) Medical quality assurance record of the department.--
     The term `medical quality assurance record of the Department' 
     means all information, including the proceedings, records 
     (including patient records that the Department creates and 
     maintains as part of a system of records), minutes, and 
     reports that--
       ``(A) emanate from quality assurance program activities 
     described in paragraph (2); and
       ``(B) are produced or compiled by the Department as part of 
     a medical quality assurance program.
       ``(b) Confidentiality of Records.--A medical quality 
     assurance record of the Department that is created as part of 
     a medical quality assurance program--
       ``(1) is confidential and privileged; and
       ``(2) except as provided in subsection (d), may not be 
     disclosed to any person or entity.
       ``(c) Prohibition on Disclosure and Testimony.--Except as 
     otherwise provided in this section--
       ``(1) no part of any medical quality assurance record of 
     the Department may be subject to discovery or admitted into 
     evidence in any judicial or administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record of the Department or who 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record of the Department may not be 
     permitted or required to testify in any judicial or 
     administrative proceeding with respect to the record or with 
     respect to any finding, recommendation, evaluation, opinion, 
     or action taken by that individual in connection with the 
     record.
       ``(d) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record of the Department may be disclosed, 
     and a person described in subsection (c)(2) may give 
     testimony in connection with the record, only as follows:
       ``(A) To a Federal agency or private organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the Federal agency or private 
     organization to--
       ``(i) perform licensing or accreditation functions related 
     to Department health care facilities, a facility affiliated 
     with the Department, or any other location authorized by the 
     Secretary for the performance of health care services; or
       ``(ii) perform monitoring, required by law, of Department 
     health care facilities, a facility affiliated with the 
     Department, or any other location authorized by the Secretary 
     for the performance of health care services.
       ``(B) To an administrative or judicial proceeding 
     concerning an adverse action related to the credentialing of 
     or health care provided by a present or former health care 
     provider by the Department.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if the 
     medical quality assurance record of the Department or 
     testimony is needed by the board, agency, society, or 
     organization to perform licensing, credentialing, or the 
     monitoring of professional standards with respect to any 
     health care provider who is or was a health care provider for 
     the Department.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if the medical quality 
     assurance record of the Department or testimony is needed by 
     the institution to assess the professional qualifications of 
     any health care provider who is or was a health care provider 
     for the Department and who has applied for or been granted 
     authority or employment to provide health care services in or 
     on behalf of the institution.
       ``(E) To an employee, a detailee, or a contractor of the 
     Department who has a need for the medical quality assurance 
     record of the Department or testimony to perform official 
     duties or duties within the scope of their contract.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of the agency or instrumentality makes a 
     written request that the medical quality assurance record of 
     the Department or testimony be provided for a purpose 
     authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality described in subparagraph (F), but only with 
     respect to the subject of the proceeding.
       ``(2) Personally identifiable information.--
       ``(A) In general.--With the exception of the subject of a 
     quality assurance action, personally identifiable information 
     of any person receiving health care services from the 
     Department or of any other person associated with the 
     Department for purposes of a medical quality assurance 
     program that is disclosed in a medical quality assurance 
     record of the Department shall be deleted from that record 
     before any disclosure of the record is made outside the 
     Department.
       ``(B) Application.--The requirement under subparagraph (A) 
     shall not apply to the release of information that is 
     permissible under section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(e) Disclosure for Certain Purposes.--Nothing in this 
     section shall be construed--
       ``(1) to authorize or require the withholding from any 
     person or entity aggregate statistical information regarding 
     the results of medical quality assurance programs; or
       ``(2) to authorize the withholding of any medical quality 
     assurance record of the Department from a committee of either 
     House of Congress, any joint committee of Congress, or the 
     Comptroller General of the United States if the record 
     pertains to any matter within their respective jurisdictions.
       ``(f) Prohibition on Disclosure of Information, Record, or 
     Testimony.--A person or entity having possession of or access 
     to a medical quality assurance record of the Department or 
     testimony described in this section may not disclose the 
     contents of the record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(g) Exemption From Freedom of Information Act.--A medical 
     quality assurance record of the Department shall be exempt 
     from disclosure under section 552(b)(3) of title 5, United 
     States Code (commonly known as the `Freedom of Information 
     Act').
       ``(h) Limitation on Civil Liability.--A person who 
     participates in the review or creation of, or provides 
     information to a person or body that reviews or creates, a 
     medical quality assurance record of the Department shall not 
     be civilly liable for that participation or for providing 
     that information if the participation or provision of 
     information was provided in good faith based on prevailing 
     professional standards at the time the medical quality 
     assurance program activity took place.
       ``(i) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including the medical record of a patient, on the grounds 
     that the information was presented during meetings of a 
     review body that are part of a medical quality assurance 
     program.
       ``(j) Penalty.--Any person who willfully discloses a 
     medical quality assurance record of the Department other than 
     as provided in this section, knowing that the record is a 
     medical quality assurance record of the Department shall be 
     fined not more than $3,000 in the case of a first offense and 
     not more than $20,000 in the case of a subsequent offense.
       ``(k) Relationship to Coast Guard.--The requirements of 
     this section shall not apply to any medical quality assurance 
     record of the Department that is created by or for the Coast 
     Guard as part of a medical quality assurance program.''.

     SEC. 5147. PORTABILITY OF LICENSURE.

       (a) Transfer.--Section 16005 of the CARES Act (6 U.S.C. 320 
     note) is redesignated as section 2306 of the Homeland 
     Security Act of 2002 and transferred so as to appear after 
     section 2305, as added by section 5146 of this subtitle.
       (b) Repeal.--Section 2306 of the Homeland Security Act of 
     2002, as so redesignated by subsection (a), is amended by 
     striking subsection (c).

     SEC. 5148. TECHNICAL AND CONFORMING AMENDMENTS.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (1) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135)--
       (A) by striking the items relating to sections 528 and 529 
     and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
       (B) by striking the items relating to sections 710, 711, 
     712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
       (C) by inserting after the item relating to section 1928 
     the following:

``Sec. 1929. Accountability.'';
       (D) by striking the items relating to subtitle C of title 
     XIX and sections 1931 and 1932; and
       (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
              related to food, agriculture, and veterinary defense 
              against terrorism.

[[Page S6034]]

``Sec. 2304. Medical countermeasures.
``Sec. 2305. Confidentiality of medical quality assurance records.
``Sec. 2306. Portability of licensure.'';
       (2) by redesignating section 529 (6 U.S.C. 321r) as section 
     528;
       (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
     ``section 711(a)'' and inserting ``section 710(a))'';
       (4) by redesignating sections 711, 712, and 713 as sections 
     710, 711, and 712, respectively;
       (5) in subsection (d)(3) of section 1923 (6 U.S.C. 592), as 
     so redesignated by section 5142 of this Act--
       (A) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (B) by striking ``Hawaiian native-serving'' and inserting 
     `` `Native Hawaiian-serving'';
       (6) by striking the subtitle heading for subtitle C of 
     title XIX; and
       (7) in section 2306, as so redesignated by section 5147 of 
     this chapter--
       (A) by inserting ``portability of licensure.'' after 
     ``2306.''; and
       (B) in subsection (a), by striking ``(a) Notwithstanding'' 
     and inserting the following:
       ``(a) In General.--Notwithstanding''.

                Subtitle F--Satellite Cybersecurity Act

     SEC. 5151. SHORT TITLE.

       This subtitle may be cited as the ``Satellite Cybersecurity 
     Act''.

     SEC. 5152. DEFINITIONS.

       In this subtitle:
       (1) Clearinghouse.--The term ``clearinghouse'' means the 
     commercial satellite system cybersecurity clearinghouse 
     required to be developed and maintained under section 
     5154(b)(1).
       (2) Commercial satellite system.--The term ``commercial 
     satellite system''--
       (A) means a system that--
       (i) is owned or operated by a non-Federal entity based in 
     the United States; and
       (ii) is composed of not less than 1 earth satellite; and
       (B) includes--
       (i) any ground support infrastructure for each satellite in 
     the system; and
       (ii) any transmission link among and between any satellite 
     in the system and any ground support infrastructure in the 
     system.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in subsection 
     (e) of the Critical Infrastructure Protection Act of 2001 (42 
     U.S.C. 5195c(e)).
       (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
     has the meaning given the term in section 2200 of the 
     Homeland Security Act of 2002, as added by section 5194 of 
     this Act.
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002, as added by section 5194 
     of this Act.

     SEC. 5153. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the actions the Federal Government 
     has taken to support the cybersecurity of commercial 
     satellite systems, including as part of any action to address 
     the cybersecurity of critical infrastructure sectors.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Homeland Security and the Committee on Space, Science, and 
     Technology of the House of Representatives on the study 
     conducted under subsection (a), which shall include 
     information on--
       (1) efforts of the Federal Government to--
       (A) address or improve the cybersecurity of commercial 
     satellite systems; and
       (B) support related efforts with international entities or 
     the private sector;
       (2) the resources made available to the public by Federal 
     agencies to address cybersecurity risks and threats to 
     commercial satellite systems, including resources made 
     available through the clearinghouse;
       (3) the extent to which commercial satellite systems and 
     the cybersecurity threats to such systems are addressed in 
     Federal and non-Federal critical infrastructure risk analyses 
     and protection plans;
       (4) the extent to which Federal agencies are reliant on 
     satellite systems owned wholly or in part or controlled by 
     foreign entities, and how Federal agencies mitigate 
     associated cybersecurity risks;
       (5) the extent to which Federal agencies coordinate or 
     duplicate authorities and take other actions focused on the 
     cybersecurity of commercial satellite systems; and
       (6) as determined appropriate by the Comptroller General of 
     the United States, recommendations for further Federal action 
     to support the cybersecurity of commercial satellite systems, 
     including recommendations on information that should be 
     shared through the clearinghouse.
       (c) Consultation.--In carrying out subsections (a) and (b), 
     the Comptroller General of the United States shall coordinate 
     with appropriate Federal agencies and organizations, 
     including--
       (1) the Department of Homeland Security;
       (2) the Department of Commerce;
       (3) the Department of Defense;
       (4) the Department of Transportation;
       (5) the Federal Communications Commission;
       (6) the National Aeronautics and Space Administration;
       (7) the National Executive Committee for Space-Based 
     Positioning, Navigation, and Timing; and
       (8) the National Space Council.
       (d) Briefing.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall provide a briefing to the appropriate 
     congressional committees on the study conducted under 
     subsection (a).
       (e) Classification.--The report made under subsection (b) 
     shall be unclassified but may include a classified annex.

     SEC. 5154. RESPONSIBILITIES OF THE CYBERSECURITY AND 
                   INFRASTRUCTURE SECURITY AGENCY.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Establishment of Commercial Satellite System 
     Cybersecurity Clearinghouse.--
       (1) In general.--Subject to the availability of 
     appropriations, not later than 180 days after the date of 
     enactment of this Act, the Director shall develop and 
     maintain a commercial satellite system cybersecurity 
     clearinghouse.
       (2) Requirements.--The clearinghouse--
       (A) shall be publicly available online;
       (B) shall contain publicly available commercial satellite 
     system cybersecurity resources, including the voluntary 
     recommendations consolidated under subsection (c)(1);
       (C) shall contain appropriate materials for reference by 
     entities that develop, operate, or maintain commercial 
     satellite systems;
       (D) shall contain materials specifically aimed at assisting 
     small business concerns with the secure development, 
     operation, and maintenance of commercial satellite systems; 
     and
       (E) may contain controlled unclassified information 
     distributed to commercial entities through a process 
     determined appropriate by the Director.
       (3) Content maintenance.--The Director shall maintain 
     current and relevant cybersecurity information on the 
     clearinghouse.
       (4) Existing platform or website.--To the extent 
     practicable, the Director shall establish and maintain the 
     clearinghouse using an online platform, a website, or a 
     capability in existence as of the date of enactment of this 
     Act.
       (c) Consolidation of Commercial Satellite System 
     Cybersecurity Recommendations.--
       (1) In general.--The Director shall consolidate voluntary 
     cybersecurity recommendations designed to assist in the 
     development, maintenance, and operation of commercial 
     satellite systems.
       (2) Requirements.--The recommendations consolidated under 
     paragraph (1) shall include materials appropriate for a 
     public resource addressing the following:
       (A) Risk-based, cybersecurity-informed engineering, 
     including continuous monitoring and resiliency.
       (B) Planning for retention or recovery of positive control 
     of commercial satellite systems in the event of a 
     cybersecurity incident.
       (C) Protection against unauthorized access to vital 
     commercial satellite system functions.
       (D) Physical protection measures designed to reduce the 
     vulnerabilities of a commercial satellite system's command, 
     control, and telemetry receiver systems.
       (E) Protection against jamming, eavesdropping, hijacking, 
     computer network exploitation, spoofing, threats to optical 
     satellite communications, and electromagnetic pulse.
       (F) Security against threats throughout a commercial 
     satellite system's mission lifetime.
       (G) Management of supply chain risks that affect the 
     cybersecurity of commercial satellite systems.
       (H) Protection against vulnerabilities posed by ownership 
     of commercial satellite systems or commercial satellite 
     system companies by foreign entities.
       (I) Protection against vulnerabilities posed by locating 
     physical infrastructure, such as satellite ground control 
     systems, in foreign countries.
       (J) As appropriate, and as applicable pursuant to the 
     maintenance requirement under subsection (b)(3), relevant 
     findings and recommendations from the study conducted by the 
     Comptroller General of the United States under section 
     5153(a).
       (K) Any other recommendations to ensure the 
     confidentiality, availability, and integrity of data residing 
     on or in transit through commercial satellite systems.
       (d) Implementation.--In implementing this section, the 
     Director shall--
       (1) to the extent practicable, carry out the implementation 
     in partnership with the private sector;
       (2) coordinate with--
       (A) the National Space Council and the head of any other 
     agency determined appropriate by the National Space Council; 
     and

[[Page S6035]]

       (B) the heads of appropriate Federal agencies with 
     expertise and experience in satellite operations, including 
     the entities described in section 5153(c) to enable the 
     alignment of Federal efforts on commercial satellite system 
     cybersecurity and, to the extent practicable, consistency in 
     Federal recommendations relating to commercial satellite 
     system cybersecurity; and
       (3) consult with non-Federal entities developing commercial 
     satellite systems or otherwise supporting the cybersecurity 
     of commercial satellite systems, including private, consensus 
     organizations that develop relevant standards.
       (e) Sunset and Report.--
       (1) In general.--This section shall cease to have force or 
     effect on the date that is 7 years after the date of the 
     enactment of this Act.
       (2) Report.--Not later than 6 years after the date of 
     enactment of this Act, the Director shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security and the 
     Committee on Space, Science, and Technology of the House of 
     Representatives a report summarizing--
       (A) any partnership with the private sector described in 
     subsection (d)(1);
       (B) any consultation with a non-Federal entity described in 
     subsection (d)(3);
       (C) the coordination carried out pursuant to subsection 
     (d)(2);
       (D) the establishment and maintenance of the clearinghouse 
     pursuant to subsection (b);
       (E) the recommendations consolidated pursuant to subsection 
     (c)(1); and
       (F) any feedback received by the Director on the 
     clearinghouse from non-Federal entities.

     SEC. 5155. STRATEGY.

       Not later than 120 days after the date of the enactment of 
     this Act, the National Space Council, in coordination with 
     the Director of the Office of Space Commerce and the heads of 
     other relevant agencies, shall submit to the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Space, Science, and Technology and the 
     Committee on Homeland Security of the House of 
     Representatives a strategy for the activities of Federal 
     agencies to address and improve the cybersecurity of 
     commercial satellite systems, which shall include an 
     identification of--
       (1) proposed roles and responsibilities for relevant 
     agencies; and
       (2) as applicable, the extent to which cybersecurity 
     threats to such systems are addressed in Federal and non-
     Federal critical infrastructure risk analyses and protection 
     plans.

     SEC. 5156. RULES OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to--
       (1) designate commercial satellite systems or other space 
     assets as a critical infrastructure sector; or
       (2) infringe upon or alter the authorities of the agencies 
     described in section 5153(c).

                       Subtitle G--Pray Safe Act

     SEC. 5161. SHORT TITLE.

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

     SEC. 5162. DEFINITIONS.

       In this subtitle--
       (1) the term ``Clearinghouse'' means the Federal 
     Clearinghouse on Safety Best Practices for Faith-Based 
     Organizations and Houses of Worship established under section 
     2220E of the Homeland Security Act of 2002, as added by 
     section 5163 of this subtitle;
       (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 5163 of this subtitle; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 5163. 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 5165 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.

[[Page S6036]]

       ``(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
       (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. 5164. 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 5163 of 
     this subtitle, and section 5165 of this subtitle, 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. 5165. 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 5164(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 5164 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. 5166. 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. 5167. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle 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. 5168. 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 
     subtitle or under section 2220E of the Homeland Security Act 
     of 2002, as added by section 5163 of this subtitle.

      Subtitle H--Invent Here, Make Here for Homeland Security Act

     SEC. 5171. SHORT TITLE.

       This subtitle may be cited as the ``Invent Here, Make Here 
     for Homeland Security Act''.

     SEC. 5172. PREFERENCE FOR UNITED STATES INDUSTRY.

       Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 
     188) is amended by adding at the end the following:
       ``(d) Preference for United States Industry.--
       ``(1) Definitions.--In this subsection:
       ``(A) Country of concern.--The term `country of concern' 
     means a country that--
       ``(i) is a covered nation, as that term is defined in 
     section 4872(d) of title 10, United States Code; or
       ``(ii) the Secretary determines is engaged in conduct that 
     is detrimental to the national security of the United States.
       ``(B) Funding agreement; nonprofit organization; subject 
     invention.--The terms `funding agreement', `nonprofit 
     organization', and `subject invention' have the meanings 
     given those terms in section 201 of title 35, United States 
     Code.
       ``(C) Manufactured substantially in the united states.--The 
     term `manufactured substantially in the United States' means 
     manufactured substantially from all articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States.
       ``(D) Relevant congressional committees.--The term 
     `relevant congressional committees' means--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(ii) the Committee on Homeland Security of the House of 
     Representatives.
       ``(2) Preference.--Subject to the other provisions of this 
     subsection, no firm or nonprofit organization which receives 
     title to any subject invention developed under a funding 
     agreement entered into with the Department and no assignee of 
     any such firm or nonprofit organization shall grant the 
     exclusive right to use or sell any subject invention unless 
     the products embodying the subject invention or produced 
     through the use of the subject invention will be manufactured 
     substantially in the United States.
       ``(3) Waivers.--
       ``(A) In general.--Subject to subparagraph (B), in 
     individual cases, the requirement for an agreement described 
     in paragraph (2) may be waived by the Secretary upon a 
     showing by the firm, nonprofit organization, or assignee that 
     reasonable but unsuccessful efforts have been made to grant 
     licenses on

[[Page S6037]]

     similar terms to potential licensees that would be likely to 
     manufacture substantially in the United States or that under 
     the circumstances domestic manufacture is not commercially 
     feasible.
       ``(B) Conditions on waivers granted by department.--
       ``(i) Before grant of waiver.--Before granting a waiver 
     under subparagraph (A), the Secretary shall--

       ``(I) consult with the relevant congressional committees 
     regarding the decision of the Secretary to grant the waiver; 
     and
       ``(II) comply with the procedures developed and implemented 
     pursuant to section 70923(b)(2) of the Build America, Buy 
     America Act (subtitle A of title IX of division G of Public 
     Law 117-58).

       ``(ii) Prohibition on granting certain waivers.--The 
     Secretary may not grant a waiver under subparagraph (A) if, 
     as a result of the waiver, products embodying the applicable 
     subject invention, or produced through the use of the 
     applicable subject invention, will be manufactured 
     substantially in a country of concern.''.

           Subtitle I--DHS Joint Task Forces Reauthorization

     SEC. 5181. SHORT TITLE.

       This subtitle may be cited as the ``DHS Joint Task Forces 
     Reauthorization Act of 2022''.

     SEC. 5182. SENSE OF THE SENATE.

        It is the sense of the Senate that the Department of 
     Homeland Security should consider using the authority under 
     subsection (b) of section 708 of the Homeland Security Act of 
     2002 (6 U.S.C. 348(b)) to create a Joint Task Force described 
     in such subsection to improve coordination and response to 
     the number of encounters and amount of seizures of illicit 
     narcotics along the southwest border.

     SEC. 5183. AMENDING SECTION 708 OF THE HOMELAND SECURITY ACT 
                   OF 2002.

       Section 708(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 348(b)) is amended--
       (1) by striking paragraph (8) and inserting the following:
       ``(8) Joint task force staff.--
       ``(A) In general.--Each Joint Task Force shall have a 
     staff, composed of officials from relevant components and 
     offices of the Department, to assist the Director of that 
     Joint Task Force in carrying out the mission and 
     responsibilities of that Joint Task Force.
       ``(B) Report.--The Secretary shall include in the report 
     submitted under paragraph (6)(F)--
       ``(i) the number of personnel permanently assigned to each 
     Joint Task Force by each component and office; and
       ``(ii) the number of personnel assigned on a temporary 
     basis to each Joint Task Force by each component and 
     office.'';
       (2) in paragraph (9)--
       (A) in the heading, by inserting ``strategy and of'' after 
     ``Establishment of'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) using leading practices in performance management and 
     lessons learned by other law enforcement task forces and 
     joint operations, establish a strategy for each Joint Task 
     Force that contains--
       ``(i) the mission of each Joint Task Force and strategic 
     goals and objectives to assist the Joint Task Force in 
     accomplishing that mission; and
       ``(ii) outcome-based and other appropriate performance 
     metrics to evaluate the effectiveness of each Joint Task 
     Force and measure progress towards the goals and objectives 
     described in clause (i), which include--

       ``(I) targets for current and future fiscal years; and
       ``(II) a description of the methodology used to establish 
     those metrics and any limitations with respect to data or 
     information used to assess performance;'';

       (C) in subparagraph (B)--
       (i) by striking ``enactment of this section'' and insert 
     ``enactment of the DHS Joint Task Forces Reauthorization Act 
     of 2022'';
       (ii) by inserting ``strategy and'' after ``Senate the''; 
     and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (D) by striking subparagraph (C) and inserting the 
     following:
       ``(C) beginning not later than 1 year after the date of 
     enactment of the DHS Joint Task Forces Reauthorization Act of 
     2022, submit annually to each committee specified in 
     subparagraph (B) a report that--
       ``(i) contains the evaluation described in subparagraphs 
     (A) and (B); and
       ``(ii) outlines the progress in implementing outcome-based 
     and other performance metrics referred to in subparagraph 
     (A)(ii).'';
       (3) in paragraph (11)(A), by striking the period at the end 
     and inserting the following: ``, which shall include--
       ``(i) the justification, focus, and mission of the Joint 
     Task Force; and
       ``(ii) a strategy for the conduct of the Joint Task Force, 
     including goals and performance metrics for the Joint Task 
     Force.'';
       (4) in paragraph (12)--
       (A) in subparagraph (A), by striking ``January 31, 2018, 
     and January 31, 2021, the Inspector General of the 
     Department'' and inserting ``1 year after the date of 
     enactment of the DHS Joint Task Forces Reauthorization Act of 
     2022, the Comptroller General of the United States''; and
       (B) in subparagraph (B), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) an assessment of the structure of each Joint Task 
     Force;
       ``(ii) an assessment of the effectiveness of oversight over 
     each Joint Task Force;
       ``(iii) an assessment of the strategy of each Joint Task 
     Force; and
       ``(iv) an assessment of staffing levels and resources of 
     each Joint Task Force.''; and
       (5) in paragraph (13), by striking ``2022'' and inserting 
     ``2024''.

                      Subtitle J--Other Provisions

                     CHAPTER 1--DEEPFAKE TASK FORCE

     SEC. 5191 SHORT TITLE.

       This chapter may be cited as the ``Deepfake Task Force 
     Act''.

     SEC. 5192. 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.

[[Page S6038]]

       (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.
       (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.

         CHAPTER 2--CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS

     SEC. 5194. 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.

[[Page S6039]]

       ``(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 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'';

[[Page S6040]]

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

``Sec. 2201. Definition.''.
       (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))''.F
       (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

[[Page S6041]]

     ``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''.

          CHAPTER 3--POST-DISASTER MENTAL HEALTH RESPONSE ACT

     SEC. 5198. POST-DISASTER MENTAL HEALTH RESPONSE.

       (a) Short Title.--This section may be cited as the ``Post-
     Disaster Mental Health Response Act''.
       (b) Crisis Counseling Assistance and Training.--Section 
     502(a)(6) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by 
     inserting ``and section 416'' after ``section 408''.

                    TITLE LII--GOVERNMENTAL AFFAIRS

              Subtitle A--Safeguarding American Innovation

     SEC. 5201. SHORT TITLE.

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

     SEC. 5202. 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. Annual report.
``7905. 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)));
       ``(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.

[[Page S6042]]

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

[[Page S6043]]

       ``(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. 5203. FEDERAL GRANT APPLICATION FRAUD.

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

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual, 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. 5204. 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.).

[[Page S6044]]

       (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.

  Subtitle B--Intragovernmental Cybersecurity Information Sharing Act

     SEC. 5211. 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 
     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 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 periodically 
     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 appropriate officials on 
     the status of the implementation of the agreements required 
     under subsection (c).

        Subtitle C--Improving Government for America's Taxpayers

     SEC. 5221. 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.

                 Subtitle D--Advancing American AI Act

     SEC. 5231. SHORT TITLE.

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

     SEC. 5232. PURPOSES.

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

     SEC. 5233. DEFINITIONS.

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

     SEC. 5234. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 
                   INTELLIGENCE IN GOVERNMENT.

       (a) Guidance.--The Director shall, when developing the 
     guidance required under section 104(a) of the AI in 
     Government Act of 2020 (title I of division U of Public Law 
     116-260), consider--
       (1) the considerations and recommended practices identified 
     by the National Security Commission on Artificial 
     Intelligence in the report entitled ``Key Considerations for 
     the Responsible Development and Fielding of AI'', as updated 
     in April 2021;
       (2) the principles articulated in Executive Order 13960 (85 
     Fed. Reg. 78939; relating to

[[Page S6045]]

     promoting the use of trustworthy artificial intelligence in 
     Government); and
       (3) the input of--
       (A) the Privacy and Civil Liberties Oversight Board;
       (B) relevant interagency councils, such as the Federal 
     Privacy Council, the Chief Information Officers Council, and 
     the Chief Data Officers Council;
       (C) other governmental and nongovernmental privacy, civil 
     rights, and civil liberties experts; and
       (D) any other individual or entity the Director determines 
     to be appropriate.
       (b) Department Policies and Processes for Procurement and 
     Use of Artificial Intelligence-enabled Systems.--Not later 
     than 180 days after the date of enactment of this Act--
       (1) the Secretary of Homeland Security, with the 
     participation of the Chief Procurement Officer, the Chief 
     Information Officer, the Chief Privacy Officer, and the 
     Officer for Civil Rights and Civil Liberties of the 
     Department and any other person determined to be relevant by 
     the Secretary of Homeland Security, shall issue policies and 
     procedures for the Department related to--
       (A) the acquisition and use of artificial intelligence; and
       (B) considerations for the risks and impacts related to 
     artificial intelligence-enabled systems, including associated 
     data of machine learning systems, to ensure that full 
     consideration is given to--
       (i) the privacy, civil rights, and civil liberties impacts 
     of artificial intelligence-enabled systems; and
       (ii) security against misuse, degradation, or rending 
     inoperable of artificial intelligence-enabled systems; and
       (2) the Chief Privacy Officer and the Officer for Civil 
     Rights and Civil Liberties of the Department shall report to 
     Congress on any additional staffing or funding resources that 
     may be required to carry out the requirements of this 
     subsection.
       (c) Inspector General.--Not later than 180 days after the 
     date of enactment of this Act, the Inspector General of the 
     Department shall identify any training and investments needed 
     to enable employees of the Office of the Inspector General to 
     continually advance their understanding of--
       (1) artificial intelligence systems;
       (2) best practices for governance, oversight, and audits of 
     the use of artificial intelligence systems; and
       (3) how the Office of the Inspector General is using 
     artificial intelligence to enhance audit and investigative 
     capabilities, including actions to--
       (A) ensure the integrity of audit and investigative 
     results; and
       (B) guard against bias in the selection and conduct of 
     audits and investigations.
       (d) Artificial Intelligence Hygiene and Protection of 
     Government Information, Privacy, Civil Rights, and Civil 
     Liberties.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in consultation with a 
     working group consisting of members selected by the Director 
     from appropriate interagency councils, shall develop an 
     initial means by which to--
       (A) ensure that contracts for the acquisition of an 
     artificial intelligence system or service--
       (i) align with the guidance issued to the head of each 
     agency under section 104(a) of the AI in Government Act of 
     2020 (title I of division U of Public Law 116-260);
       (ii) address protection of privacy, civil rights, and civil 
     liberties;
       (iii) address the ownership and security of data and other 
     information created, used, processed, stored, maintained, 
     disseminated, disclosed, or disposed of by a contractor or 
     subcontractor on behalf of the Federal Government; and
       (iv) include considerations for securing the training data, 
     algorithms, and other components of any artificial 
     intelligence system against misuse, unauthorized alteration, 
     degradation, or rendering inoperable; and
       (B) address any other issue or concern determined to be 
     relevant by the Director to ensure appropriate use and 
     protection of privacy and Government data and other 
     information.
       (2) Consultation.--In developing the considerations under 
     paragraph (1)(A)(iv), the Director shall consult with the 
     Secretary of Homeland Security, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     National Intelligence.
       (3) Review.--The Director--
       (A) should continuously update the means developed under 
     paragraph (1); and
       (B) not later than 2 years after the date of enactment of 
     this Act and not less frequently than every 2 years 
     thereafter, shall update the means developed under paragraph 
     (1).
       (4) Briefing.--The Director shall brief the appropriate 
     congressional committees--
       (A) not later than 90 days after the date of enactment of 
     this Act and thereafter on a quarterly basis until the 
     Director first implements the means developed under paragraph 
     (1); and
       (B) annually thereafter on the implementation of this 
     subsection.
       (5) Sunset.--This subsection shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 5235. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE 
                   CASES.

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

     SEC. 5236. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES TO 
                   DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO 
                   USE CASES.

       (a) Identification of Use Cases.--Not later than 270 days 
     after the date of enactment of this Act, the Director, in 
     consultation with the Chief Information Officers Council, the 
     Chief Data Officers Council, and other interagency bodies as 
     determined to be appropriate by the Director, shall identify 
     4 new use cases for the application of artificial 
     intelligence-enabled systems to support interagency or intra-
     agency modernization initiatives that require linking 
     multiple siloed internal and external data sources, 
     consistent with applicable laws and policies, including those 
     relating to the protection of privacy and of sensitive law 
     enforcement, national security, and other protected 
     information.
       (b) Pilot Program.--
       (1) Purposes.--The purposes of the pilot program under this 
     subsection include--
       (A) to enable agencies to operate across organizational 
     boundaries, coordinating between existing established 
     programs and silos to improve delivery of the agency mission; 
     and
       (B) to demonstrate the circumstances under which artificial 
     intelligence can be used to modernize or assist in 
     modernizing legacy agency systems.
       (2) Deployment and pilot.--Not later than 1 year after the 
     date of enactment of this Act, the Director, in coordination 
     with the heads of relevant agencies and other officials as 
     the Director determines to be appropriate, shall ensure the 
     initiation of the piloting of the 4 new artificial 
     intelligence use case applications identified under 
     subsection (a), leveraging commercially available 
     technologies and systems to demonstrate scalable artificial 
     intelligence-enabled capabilities to support the use cases 
     identified under subsection (a).
       (3) Risk evaluation and mitigation plan.--In carrying out 
     paragraph (2), the Director shall require the heads of 
     agencies to--
       (A) evaluate risks in utilizing artificial intelligence 
     systems; and
       (B) develop a risk mitigation plan to address those risks, 
     including consideration of--
       (i) the artificial intelligence system not performing as 
     expected;
       (ii) the lack of sufficient or quality training data; and
       (iii) the vulnerability of a utilized artificial 
     intelligence system to unauthorized manipulation or misuse.
       (4) Prioritization.--In carrying out paragraph (2), the 
     Director shall prioritize modernization projects that--
       (A) would benefit from commercially available privacy-
     preserving techniques, such as use of differential privacy, 
     federated learning, and secure multiparty computing; and
       (B) otherwise take into account considerations of civil 
     rights and civil liberties.
       (5) Use case modernization application areas.--Use case 
     modernization application areas described in paragraph (2) 
     shall include not less than 1 from each of the following 
     categories:
       (A) Applied artificial intelligence to drive agency 
     productivity efficiencies in predictive supply chain and 
     logistics, such as--
       (i) predictive food demand and optimized supply;
       (ii) predictive medical supplies and equipment demand and 
     optimized supply; or
       (iii) predictive logistics to accelerate disaster 
     preparedness, response, and recovery.

[[Page S6046]]

       (B) Applied artificial intelligence to accelerate agency 
     investment return and address mission-oriented challenges, 
     such as--
       (i) applied artificial intelligence portfolio management 
     for agencies;
       (ii) workforce development and upskilling;
       (iii) redundant and laborious analyses;
       (iv) determining compliance with Government requirements, 
     such as with grants management; or
       (v) outcomes measurement to measure economic and social 
     benefits.
       (6) Requirements.--Not later than 3 years after the date of 
     enactment of this Act, the Director, in coordination with the 
     heads of relevant agencies and other officials as the 
     Director determines to be appropriate, shall establish an 
     artificial intelligence capability within each of the 4 use 
     case pilots under this subsection that--
       (A) solves data access and usability issues with automated 
     technology and eliminates or minimizes the need for manual 
     data cleansing and harmonization efforts;
       (B) continuously and automatically ingests data and updates 
     domain models in near real-time to help identify new patterns 
     and predict trends, to the extent possible, to help agency 
     personnel to make better decisions and take faster actions;
       (C) organizes data for meaningful data visualization and 
     analysis so the Government has predictive transparency for 
     situational awareness to improve use case outcomes;
       (D) is rapidly configurable to support multiple 
     applications and automatically adapts to dynamic conditions 
     and evolving use case requirements, to the extent possible
       (E) enables knowledge transfer and collaboration across 
     agencies; and
       (F) preserves intellectual property rights to the data and 
     output for benefit of the Federal Government and agencies.
       (c) Briefing.--Not earlier than 270 days but not later than 
     1 year after the date of enactment of this Act, and annually 
     thereafter for 4 years, the Director shall brief the 
     appropriate congressional committees on the activities 
     carried out under this section and results of those 
     activities.
       (d) Sunset.--The section shall cease to be effective on the 
     date that is 5 years after the date of enactment of this Act.

     SEC. 5237. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

       (a) Innovative Commercial Items.--Section 880 of the 
     National Defense Authorization Act for Fiscal Year 2017 (41 
     U.S.C. 3301 note) is amended--
       (1) in subsection (c), by striking $10,000,000'' and 
     inserting ``$25,000,000'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Definitions.--In this section--
       ``(1) the term `commercial product'--
       ``(A) has the meaning given the term `commercial item' in 
     section 2.101 of the Federal Acquisition Regulation; and
       ``(B) includes a commercial product or a commercial 
     service, as defined in sections 103 and 103a, respectively, 
     of title 41, United States Code; and
       ``(2) the term `innovative' means--
       ``(A) any new technology, process, or method, including 
     research and development; or
       ``(B) any new application of an existing technology, 
     process, or method.''; and
       (3) in subsection (g), by striking ``2022'' and insert 
     ``2027''.
       (b) DHS Other Transaction Authority.--Section 831 of the 
     Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``September 30, 2017'' and inserting ``September 30, 2024''; 
     and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Prototype projects.--The Secretary--
       ``(A) may, under the authority of paragraph (1), carry out 
     prototype projects under section 4022 of title 10, United 
     States Code; and
       ``(B) in applying the authorities of such section 4022, the 
     Secretary shall perform the functions of the Secretary of 
     Defense as prescribed in such section.'';
       (2) in subsection (c)(1), by striking ``September 30, 
     2017'' and inserting ``September 30, 2024''; and
       (3) in subsection (d), by striking ``section 845(e)'' and 
     all that follows and inserting ``section 4022(e) of title 10, 
     United States Code.''.
       (c) Commercial Off the Shelf Supply Chain Risk Management 
     Tools.--The General Services Administration is encouraged to 
     pilot commercial off the shelf supply chain risk management 
     tools to improve the ability of the Federal Government to 
     characterize, monitor, predict, and respond to specific 
     supply chain threats and vulnerabilities that could inhibit 
     future Federal acquisition operations.

                  Subtitle E--Strategic EV Management

     SEC. 5241. SHORT TITLE.

       This subtitle may be cited as the ``Strategic EV Management 
     Act of 2022''.

     SEC. 5242. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, 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; and
       (B) the Committee on Oversight and Reform of the House of 
     Representatives.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.

     SEC. 5243. STRATEGIC GUIDANCE.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Director, shall coordinate with the heads of 
     agencies to develop a comprehensive, strategic plan for 
     Federal electric vehicle fleet battery management.
       (b) Contents.--The strategic plan required under subsection 
     (a) shall--
       (1) maximize both cost and environmental efficiencies; and
       (2) incorporate--
       (A) guidelines for optimal charging practices that will 
     maximize battery longevity and prevent premature degradation;
       (B) guidelines for reusing and recycling the batteries of 
     retired vehicles; and
       (C) any other considerations determined appropriate by the 
     Administrator and Director.
       (c) Modification.--The Administrator, in consultation with 
     the Director, may periodically update the strategic plan 
     required under subsection (a) as the Administrator and 
     Director may determine necessary based on new information 
     relating to electric vehicle batteries that becomes 
     available.
       (d) Consultation.--In developing the strategic plan 
     required under subsection (a) the Administrator, in 
     consultation with the Director, may consult with appropriate 
     entities, including--
       (1) the Secretary of Energy;
       (2) the Administrator of the Environmental Protection 
     Agency;
       (3) the Chair of the Council on Environmental Quality;
       (4) scientists who are studying electric vehicle batteries 
     and reuse and recycling solutions;
       (5) laboratories, companies, colleges, universities, or 
     start-ups engaged in battery use, reuse, and recycling 
     research;
       (6) industries interested in electric vehicle battery reuse 
     and recycling;
       (7) electric vehicle equipment manufacturers and recyclers; 
     and
       (8) any other relevant entities, as determined by the 
     Administrator and Director.
       (e) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator and the Director 
     shall submit to the appropriate congressional committees a 
     report that describes the strategic plan required under 
     subsection (a).
       (2) Briefing.--Not later than 4 years after the date of 
     enactment of this Act, the Administrator and the Director 
     shall brief the appropriate congressional committees on the 
     implementation of the strategic plan required under 
     subsection (a) across agencies.

     SEC. 5244. STUDY OF FEDERAL FLEET VEHICLES.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report on how the costs and benefits of 
     operating and maintaining electric vehicles in the Federal 
     fleet compare to the costs and benefits of operating and 
     maintaining internal combustion engine vehicles. 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.

              Subtitle F--Congressionally Mandated Reports

     SEC. 5251. SHORT TITLE.

       This subtitle may be cited as the ``Access to 
     Congressionally Mandated Reports Act''.

     SEC. 5252. DEFINITIONS.

       In this subtitle:
       (1) Congressional leadership.--The term ``congressional 
     leadership'' means the Speaker, majority leader, and minority 
     leader of the House of Representatives and the majority 
     leader and minority leader of the Senate.
       (2) Congressionally mandated report.--
       (A) In general.--The term ``congressionally mandated 
     report'' means a report of a Federal agency that is required 
     by statute to be submitted to either House of Congress or any 
     committee of Congress or subcommittee thereof.
       (B) Exclusions.--
       (i) Patriotic and national organizations.--The term 
     ``congressionally mandated report'' does not include a report 
     required under part B of subtitle II of title 36, United 
     States Code.

[[Page S6047]]

       (ii) Inspectors general.--The term ``congressionally 
     mandated report'' does not include a report by an office of 
     an inspector general.
       (iii) National security exception.--The term 
     ``congressionally mandated report'' does not include a report 
     that is required to be submitted to one or more of the 
     following committees:

       (I) The Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Appropriations, or the 
     Committee on Foreign Relations of the Senate.
       (II) The Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Appropriations, 
     or the Committee on Foreign Affairs of the House of 
     Representatives.

       (3) Director.--The term ``Director'' means the Director of 
     the Government Publishing Office.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``federal agency'' under section 102 
     of title 40, United States Code, but does not include the 
     Government Accountability Office or an element of the 
     intelligence community.
       (5) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (6) Reports online portal.--The term ``reports online 
     portal'' means the online portal established under section 
     5253(a).

     SEC. 5253. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY 
                   MANDATED REPORTS.

       (a) Requirement To Establish Online Portal.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish and 
     maintain an online portal accessible by the public that 
     allows the public to obtain electronic copies of 
     congressionally mandated reports in one place.
       (2) Existing functionality.--To the extent possible, the 
     Director shall meet the requirements under paragraph (1) by 
     using existing online portals and functionality under the 
     authority of the Director in consultation with the Director 
     of National Intelligence.
       (3) Consultation.--In carrying out this subtitle, the 
     Director shall consult with congressional leadership, the 
     Clerk of the House of Representatives, the Secretary of the 
     Senate, and the Librarian of Congress regarding the 
     requirements for and maintenance of congressionally mandated 
     reports on the reports online portal.
       (b) Content and Function.--The Director shall ensure that 
     the reports online portal includes the following:
       (1) Subject to subsection (c), with respect to each 
     congressionally mandated report, each of the following:
       (A) A citation to the statute requiring the report.
       (B) An electronic copy of the report, including any 
     transmittal letter associated with the report, that--
       (i) is based on an underlying open data standard that is 
     maintained by a standards organization;
       (ii) allows the full text of the report to be searchable; 
     and
       (iii) is not encumbered by any restrictions that would 
     impede the reuse or searchability of the report.
       (C) The ability to retrieve a report, to the extent 
     practicable, through searches based on each, and any 
     combination, of the following:
       (i) The title of the report.
       (ii) The reporting Federal agency.
       (iii) The date of publication.
       (iv) Each congressional committee or subcommittee receiving 
     the report, if applicable.
       (v) The statute requiring the report.
       (vi) Subject tags.
       (vii) A unique alphanumeric identifier for the report that 
     is consistent across report editions.
       (viii) The serial number, Superintendent of Documents 
     number, or other identification number for the report, if 
     applicable.
       (ix) Key words.
       (x) Full text search.
       (xi) Any other relevant information specified by the 
     Director.
       (D) The date on which the report was required to be 
     submitted, and on which the report was submitted, to the 
     reports online portal.
       (E) To the extent practicable, a permanent means of 
     accessing the report electronically.
       (2) A means for bulk download of all congressionally 
     mandated reports.
       (3) A means for downloading individual reports as the 
     result of a search.
       (4) An electronic means for the head of each Federal agency 
     to submit to the reports online portal each congressionally 
     mandated report of the agency, as required by sections 5254 
     and 5256.
       (5) In tabular form, a list of all congressionally mandated 
     reports that can be searched, sorted, and downloaded by--
       (A) reports submitted within the required time;
       (B) reports submitted after the date on which such reports 
     were required to be submitted; and
       (C) to the extent practicable, reports not submitted.
       (c) Noncompliance by Federal Agencies.--
       (1) Reports not submitted.--If a Federal agency does not 
     submit a congressionally mandated report to the Director, the 
     Director shall to the extent practicable--
       (A) include on the reports online portal--
       (i) the information required under clauses (i), (ii), (iv), 
     and (v) of subsection (b)(1)(C); and
       (ii) the date on which the report was required to be 
     submitted; and
       (B) include the congressionally mandated report on the list 
     described in subsection (b)(5)(C).
       (2) Reports not in open format.--If a Federal agency 
     submits a congressionally mandated report that does not meet 
     the criteria described in subsection (b)(1)(B), the Director 
     shall still include the congressionally mandated report on 
     the reports online portal.
       (d) Deadline.--The Director shall ensure that information 
     required to be published on the reports online portal under 
     this subtitle with respect to a congressionally mandated 
     report or information required under subsection (c) of this 
     section is published--
       (1) not later than 30 days after the information is 
     received from the Federal agency involved; or
       (2) in the case of information required under subsection 
     (c), not later than 30 days after the deadline under this 
     subtitle for the Federal agency involved to submit 
     information with respect to the congressionally mandated 
     report involved.
       (e) Exception for Certain Reports.--
       (1) Exception described.--A congressionally mandated report 
     which is required by statute to be submitted to a committee 
     of Congress or a subcommittee thereof, including any 
     transmittal letter associated with the report, shall not be 
     submitted to or published on the reports online portal if the 
     chair of a committee or subcommittee to which the report is 
     submitted notifies the Director in writing that the report is 
     to be withheld from submission and publication under this 
     subtitle.
       (2) Notice on portal.--If a report is withheld from 
     submission to or publication on the reports online portal 
     under paragraph (1), the Director shall post on the portal--
       (A) a statement that the report is withheld at the request 
     of a committee or subcommittee involved; and
       (B) the written notification provided by the chair of the 
     committee or subcommittee specified in paragraph (1).
       (f) Free Access.--The Director may not charge a fee, 
     require registration, or impose any other limitation in 
     exchange for access to the reports online portal.
       (g) Upgrade Capability.--The reports online portal shall be 
     enhanced and updated as necessary to carry out the purposes 
     of this subtitle.
       (h) Submission to Congress.--The submission of a 
     congressionally mandated report to the reports online portal 
     pursuant to this subtitle shall not be construed to satisfy 
     any requirement to submit the congressionally mandated report 
     to Congress, or a committee or subcommittee thereof.

     SEC. 5254. FEDERAL AGENCY RESPONSIBILITIES.

       (a) Submission of Electronic Copies of Reports.--Not 
     earlier than 30 days or later than 60 days after the date on 
     which a congressionally mandated report is submitted to 
     either House of Congress or to any committee of Congress or 
     subcommittee thereof, the head of the Federal agency 
     submitting the congressionally mandated report shall submit 
     to the Director the information required under subparagraphs 
     (A) through (D) of section 5253(b)(1) with respect to the 
     congressionally mandated report. Notwithstanding section 
     5256, nothing in this subtitle shall relieve a Federal agency 
     of any other requirement to publish the congressionally 
     mandated report on the online portal of the Federal agency or 
     otherwise submit the congressionally mandated report to 
     Congress or specific committees of Congress, or subcommittees 
     thereof.
       (b) Guidance.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Director, 
     shall issue guidance to agencies on the implementation of 
     this subtitle.
       (c) Structure of Submitted Report Data.--The head of each 
     Federal agency shall ensure that each congressionally 
     mandated report submitted to the Director complies with the 
     guidance on the implementation of this subtitle issued by the 
     Director of the Office of Management and Budget under 
     subsection (b).
       (d) Point of Contact.--The head of each Federal agency 
     shall designate a point of contact for congressionally 
     mandated reports.
       (e) Requirement for Submission.--The Director shall not 
     publish any report through the reports online portal that is 
     received from anyone other than the head of the applicable 
     Federal agency, or an officer or employee of the Federal 
     agency specifically designated by the head of the Federal 
     agency.

     SEC. 5255. CHANGING OR REMOVING REPORTS.

       (a) Limitation on Authority To Change or Remove Reports.--
     Except as provided in subsection (b), the head of the Federal 
     agency concerned may change or remove a congressionally 
     mandated report submitted to be published on the reports 
     online portal only if--
       (1) the head of the Federal agency consults with each 
     committee of Congress or subcommittee thereof to which the 
     report is required to be submitted (or, in the case of a 
     report which is not required to be submitted to a particular 
     committee of Congress or subcommittee thereof, to each 
     committee

[[Page S6048]]

     with jurisdiction over the agency, as determined by the head 
     of the agency in consultation with the Speaker of the House 
     of Representatives and the President pro tempore of the 
     Senate) prior to changing or removing the report; and
       (2) a joint resolution is enacted to authorize the change 
     in or removal of the report.
       (b) Exceptions.--Notwithstanding subsection (a), the head 
     of the Federal agency concerned--
       (1) may make technical changes to a report submitted to or 
     published on the reports online portal;
       (2) may remove a report from the reports online portal if 
     the report was submitted to or published on the reports 
     online portal in error; and
       (3) may withhold information, records, or reports from 
     publication on the reports online portal in accordance with 
     section 5256.

     SEC. 5256. WITHHOLDING OF INFORMATION.

       (a) In General.--Nothing in this subtitle shall be 
     construed to--
       (1) require the disclosure of information, records, or 
     reports that are exempt from public disclosure under section 
     552 of title 5, United States Code, or that are required to 
     be withheld under section 552a of title 5, United States 
     Code; or
       (2) impose any affirmative duty on the Director to review 
     congressionally mandated reports submitted for publication to 
     the reports online portal for the purpose of identifying and 
     redacting such information or records.
       (b) Withholding of Information.--
       (1) In general.--Consistent with subsection (a)(1), the 
     head of a Federal agency may withhold from the Director, and 
     from publication on the reports online portal, any 
     information, records, or reports that are exempt from public 
     disclosure under section 552 of title 5, United States Code, 
     or that are required to be withheld under section 552a of 
     title 5, United States Code.
       (2) National security.--Nothing in this subtitle shall be 
     construed to require the publication, on the reports online 
     portal or otherwise, of any report containing information 
     that is classified, or the public release of which could have 
     a harmful effect on national security.
       (3) Law enforcement sensitive.--Nothing in this subtitle 
     shall be construed to require the publication on the reports 
     online portal or otherwise of any congressionally mandated 
     report--
       (A) containing information that is law enforcement 
     sensitive; or
       (B) that describe information security policies, 
     procedures, or activities of the executive branch.
       (c) Responsibility for Withholding of Information.--In 
     publishing congressionally mandated reports to the reports 
     online portal in accordance with this subtitle, the head of 
     each Federal agency shall be responsible for withholding 
     information pursuant to the requirements of this section.

     SEC. 5257. IMPLEMENTATION.

       (a) Reports Submitted to Congress.--
       (1) In general.--This subtitle shall apply with respect to 
     any congressionally mandated report which--
       (A) is required by statute to be submitted to the House of 
     Representatives, or the Speaker thereof, or the Senate, or 
     the President or President Pro Tempore thereof, at any time 
     on or after the date of the enactment of this Act; or
       (B) is included by the Clerk of the House of 
     Representatives or the Secretary of the Senate (as the case 
     may be) on the list of reports received by the House of 
     Representatives or the Senate (as the case may be) at any 
     time on or after the date of the enactment of this Act.
       (2) Transition rule for previously submitted reports.--To 
     the extent practicable, the Director shall ensure that any 
     congressionally mandated report described in paragraph (1) 
     which was required to be submitted to Congress by a statute 
     enacted before the date of the enactment of this Act is 
     published on the reports online portal under this subtitle.
       (b) Reports Submitted to Committees.--In the case of 
     congressionally mandated reports which are required by 
     statute to be submitted to a committee of Congress or a 
     subcommittee thereof, this subtitle shall apply with respect 
     to--
       (1) any such report which is first required to be submitted 
     by a statute which is enacted on or after the date of the 
     enactment of this Act; and
       (2) to the maximum extent practical, any congressionally 
     mandated report which was required to be submitted by a 
     statute enacted before the date of enactment of this Act 
     unless--
       (A) the chair of the committee, or subcommittee thereof, to 
     which the report was required to be submitted notifies the 
     Director in writing that the report is to be withheld from 
     publication; and
       (B) the Director publishes the notification on the reports 
     online portal.
       (c) Access for Congressional Leadership.--Notwithstanding 
     any provision of this subtitle or any other provision of law, 
     congressional leadership shall have access to any 
     congressionally mandated report.

     SEC. 5258. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this subtitle, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this subtitle, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 6439. 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 appropriate place, insert the following:

     SEC. __. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.

       Section 501(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``in accordance with the 
     requirements of paragraph (3)'' after ``following a 
     determination'';
       (2) in paragraph (3)(A), by inserting ``prior to the 
     issuance of a waiver'' before the semicolon at the end; and
       (3) by adding at the end the following:
       ``(5) Prospective application.--No waiver of the vessel 
     navigation laws may be issued for a vessel if, prior to the 
     waiver request, such vessel was laden with merchandise 
     covered by the requested waiver.''.
                                 ______
                                 
  SA 6440. 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 F of title V, add the following:

     SEC. 575. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA 
                   COLLECTION; TRAINING; REPORT.

       (a) Data Collection.--Not later than one year after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Personnel and Readiness, acting through the 
     Deputy Assistant Secretary for Military Community and Family 
     Policy, in coordination with the Under Secretary for Food, 
     Nutrition, and Consumer Services of the Department of 
     Agriculture, shall--
       (1) develop a survey, in collaboration with the Department 
     of Agriculture, to determine how many members of the Armed 
     Forces serving on active duty, and dependents of such 
     members, are food insecure;
       (2) issue the survey to such members and dependents;
       (3) collect data from the survey on the use, by such 
     members and dependents, of Federal nutrition assistance 
     programs, including--
       (A) the supplemental nutrition assistance program under the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
       (B) the special supplemental nutrition program for women, 
     infants, and children under section 17 of the Child Nutrition 
     Act of 1966 (42 U.S.C. 1786);
       (C) the school lunch program under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.); and
       (D) the school breakfast program under section 4 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1773); and
       (4) collect data related to the number of such members and 
     dependents who--
       (A) are eligible for the basic needs allowance under 
     section 402b of title 37, United States Code; and
       (B) receive such basic needs allowance;
       (5) develop and carry out a plan to train and designate an 
     individual who will assist members at military installations 
     on how and where to refer such members and their dependents 
     for participation in Federal nutrition assistance programs 
     described in paragraph (3); and
       (6) coordinate efforts of the Department of Defense to 
     address food insecurity and nutrition.
       (b) Report Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the Under 
     Secretary of Defense for Personnel and Readiness shall submit 
     to the appropriate congressional committees a report 
     including the following:
       (A) The number of members of the Armed Forces serving on 
     active duty and their dependents who are food insecure.
       (B) The number of such members and their dependents who use 
     the Federal nutrition assistance programs described in 
     subsection (a)(3).
       (C) The number of such members and their dependents 
     described in subsection (a)(4).
       (D) The status of implementation of the plan under 
     subsection (a)(5).
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--

[[Page S6049]]

       (A) the congressional defense committees;
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate; and
       (C) the Committee on Agriculture and the Committee on 
     Education and Labor of the House of Representatives.
                                 ______
                                 
  SA 6441. 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 E of title XII, add the following:

     SEC. 1262. REPORT ON DEPLOYMENT OF UNMANNED AERIAL VEHICLES 
                   AND PROHIBITED MUNITIONS BY AZERBAIJAN AGAINST 
                   NAGORNO KARABAKH.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of State, shall submit to Congress a report on the 
     following:
       (1) United States parts and technology discovered in 
     Turkish Bayraktar unmanned aerial vehicles deployed by 
     Azerbaijan against Nagorno Karabakh between September 27, 
     2020, and November 9, 2020, and during the September 2022 
     attacks, including an assessment of any potential violations 
     of United States arms export laws, sanctions policies, or 
     other provisions of United States law related to the 
     discovery of such parts and technology.
       (2) Azerbaijan's use of white phosphorous, cluster bombs, 
     and other prohibited munitions deployed by Azerbaijan against 
     Nagorno Karabakh between September 27, 2020, and November 9, 
     2020, including an assessment of any potential violations of 
     United States or international law related to the use of such 
     munitions.
       (3) Turkey's and Azerbaijan's recruitment of foreign 
     terrorist fighters to participate in Azerbaijan's offensive 
     military operations against Nagorno Karabakh between 
     September 27, 2020, and November 9, 2020, including an 
     assessment of any related potential violations of United 
     States law, the International Convention against the 
     Recruitment, Use, Financing and Training of Mercenaries, or 
     other international or multilateral treaties.

                          ____________________