[House Report 117-125]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-125
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3755) TO PROTECT A
PERSON'S ABILITY TO DETERMINE WHETHER TO CONTINUE OR END A PREGNANCY,
AND TO PROTECT A HEALTH CARE PROVIDER'S ABILITY TO PROVIDE ABORTION
SERVICES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4350) TO
AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2022 FOR MILITARY ACTIVITIES
OF THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO
PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR
OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5305)
MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2022, AND FOR PROVIDING EMERGENCY ASSISTANCE, AND FOR OTHER
PURPOSES; AND FOR OTHER PURPOSES
_______
September 21, 2021.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Ross, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 667]
The Committee on Rules, having had under consideration
House Resolution 677, by a record vote of 9 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3755, the
Women's Health Protection Act of 2021, under a closed rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Energy and Commerce or their designees. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment printed in
part A of this report shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides one motion to recommit. The
resolution provides for consideration of H.R. 4350, the
National Defense Authorization Act for Fiscal Year 2022, under
a structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their
designees. The resolution waives all points of order against
consideration of the bill. The resolution provides that an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 117-13, modified by the amendment
printed in part B of this report, shall be considered as
adopted and the bill, as amended, shall be considered as read.
The resolution waives all points of order against provisions in
the bill, as amended. The resolution provides that following
debate, each further amendment printed in part C of this report
not earlier considered as part of amendments en bloc pursuant
to section 4 shall be considered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, may be withdrawn by the
proponent at any time before the question is put thereon, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. The resolution provides
that at any time after debate the chair of the Committee on
Armed Services or his designee may offer amendments en bloc
consisting of further amendments printed in part C of this
report not earlier disposed of. Amendments en bloc shall be
considered as read, shall be debatable for 30 minutes equally
divided and controlled by the chair and ranking minority member
of the Committee on Armed Services or their designees, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. The resolution waives all
points of order against the amendments printed in part C of
this report and amendments en bloc described in section 4. The
resolution provides one motion to recommit. The resolution
provides for consideration of H.R. 5305, the Extending
Government Funding and Delivering Emergency Assistance Act,
under a closed rule. The resolution provides one hour of
general debate equally divided and controlled by the chair and
ranking minority member of the Committee on Appropriations or
their designees. The resolution waives all points of order
against consideration of the bill. The resolution provides that
the bill shall be considered as read. The resolution waives all
points of order against provisions in the bill. The rule
provides one motion to recommit. The resolution provides that
at any time through the legislative day of Friday, September
24, 2021, the Speaker may entertain motions offered by the
Majority Leader or a designee that the House suspend the rules
with respect to multiple measures that were the object of
motions to suspend the rules on the legislative days of July
26, 2021, July 27, 2021, or September 21, 2021, and on which
the yeas and nays were ordered and further proceedings
postponed. The Chair shall put the question on any such motion
without debate or intervening motion, and the ordering of the
yeas and nays on postponed motions to suspend the rules with
respect to such measures is vacated. The resolution provides
that proceedings may be postponed through October 1, 2021, on
measures that were the object of motions to suspend the rules
on the legislative days of July 26, 2021, July 27, 2021, or
September 21, 2021 and on which the yeas and nays were ordered.
Provides that House Resolution 188, agreed to March 8, 2021 (as
most recently amended by H. Res. 555, agreed to July 27, 2021),
is amended by striking ``September 22, 2021'' each place it
appears and inserting (in each instance) ``October 27, 2021''.
The resolution provides that the ordering of the yeas and nays
on the motion that the House suspend the rules and pass S. 2382
is vacated.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 3755 includes a waiver of clause 12 of rule XXI, which
prohibits consideration of a bill pursuant to a special order
of business reported by the Committee on Rules that has not
been reported by a committee.
Although the resolution waives all points of order against
provisions in H.R. 3755, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 4350 includes a waiver of clause 3(e)(1) of rule XIII,
which requires the inclusion of a comparative print for a bill
proposing to repeal or amend a statute.
The waiver of all points of order against provisions in
H.R. 4350, as amended, includes a waiver of clause 4 of rule
XXI, which prohibits reporting a bill carrying an appropriation
from a committee not having jurisdiction to report an
appropriation.
Although the resolution waives all points of order against
the amendments printed in part C of this report or against
amendments en bloc described in Section 4 of the resolution,
the Committee is not aware of any points of order. The waiver
is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 5305 includes waivers of the following:
--Clause 9 of rule XXI, which requires a list of all
earmarks, limited tax benefits, or limited tariff benefits
contained in the measure, or a certification that the measure
does not contain any of those items.
--Clause 11 of rule XXI, which prohibits consideration of a
bill which has not been reported by a committee until such
measure has been available to Members, Delegates, and the
Resident Commissioner for 72 hours.
Although the resolution waives all points of order against
provisions in H.R. 5305, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 146
Motion by Mr. Reschenthaler to add language to the rule
that would eliminate the tolling of days for Resolutions of
Inquiry. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 147
Motion by Mrs. Fischbach to strike from the rule the
appropriate section providing for consideration of H.R. 3755
and make the necessary changes in the rule. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 148
Motion by Mr. Cole to provide for a separate vote for Title
III of Division D of H.R. 5305. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee Record Vote No. 149
Motion by Mr. Cole to amend the rule to H.R. 5305 to make
in order amendment #1, offered by Rep. Granger (TX), which
provides $1,000,000,000 for replenishment of the iron dome
system. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 150
Motion by Mr. Cole to amend the rule to H.R. 4350 to make
in order amendment #197, offered by Rep. Perry (PA), which
prevents the use of any US government funds to provide any kind
of support to the Taliban and prohibits any form of sanction
relief or mitigation unless explicitly authorized by Congress
in subsequent legislation. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 151
Motion by Mr. Cole to amend the rule to H.R. 4350 to make
in order amendment #796, offered by Rep. Bishop (NC), which
prohibits the Armed Forces and academic institutions operated
or controlled by the Department of Defense from promoting
Critical Race Theory. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 152
Motion by Mr. Burgess to amend the rule to H.R. 4350 to
make in order amendment #94, offered by Rep. Burgess (TX),
which directs the Inspector General of the Department of
Defense to investigate and submit a report to Congress on the
assessment, planning, and presentation of Afghanistan
withdrawal options by defense and intelligence personnel to the
President. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 153
Motion by Mr. Burgess to amend the rule to H.R. 4350 to
make in order amendment #203, offered by Rep. Perry (PA), which
prohibits funding to any organization or any country that has
labelled Israel as an ``apartheid'' state. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 154
Motion by Mr. Burgess to amend the rule to H.R. 4350 to
make in order amendment #242, offered by Rep. McCaul (TX),
which authorizes $300 million annually (through FY26) and
establishes a fund to counter the malign global influence of
the Chinese Communist Party (to undermine a free and open
international order and the national security, sovereignty, and
economic security of the U.S. and other countries) through
activities to: promote transparency and accountability, support
civil society and independent media, counter CCP-influenced
criminal networks, encourage market-based and non-predatory
development structures, expose CCP misinformation, counter
undue PRC military influence, and counter CCP promotion of
authoritarian ideology. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 155
Motion by Mr. Reschenthaler to amend the rule to H.R. 4350
to make in order amendment #743, offered by Rep. Reschenthaler
(PA), which requires a report from DoD on the national security
implications of a TRIPS waiver. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 156
Motion by Mrs. Fischbach to amend the rule to H.R. 4350 to
make in order amendment #673, offered by Rep. Steil (WI), which
requires the President, acting through the Secretary of State
and in coordination with the Secretary of Defense and the
Secretary of the Treasury to submit a report to relevant
congressional committees that describes the financial benefits
the Assad regime in Syria will obtain through transit fees for
allowing the export of gas into Lebanon through the Arab Gas
Pipeline in the case that the President issues a waiver under
the Caesar Syria Civilian Protection Act of 2019 (P.L. 116 92).
Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 157
Motion by Ms. Ross to report the rule. Adopted: 9-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Yea Mr. Cole.......................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mr. Reschenthaler................. Nay
Ms. Scanlon..................................... Yea Mrs. Fischbach.................... Nay
Mr. Morelle..................................... Yea
Mr. DeSaulnier.................................. Yea
Ms. Ross........................................ Yea
Mr. Neguse...................................... Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 3755 IN PART A CONSIDERED AS ADOPTED
1. Pallone (NJ): Clarifies provisions under the legislation
with respect to enforcement of limitations or requirements in
violation of the Women's Health Protection Act, and makes other
necessary technical and conforming changes.
SUMMARY OF THE AMENDMENT TO H.R. 4350 IN PART B CONSIDERED AS ADOPTED
1. Smith, Adam (WA): Amends section 901 and makes technical
and clerical changes to the authorizations of appropriations
tables in sections 4101, 4201, and 4301.
SUMMARY OF THE AMENDMENTS TO H.R. 4350 IN PART C MADE IN ORDER
1. Perlmutter (CO), Velazquez (NY), Davidson (OH), Correa
(CA), Blumenauer (OR), Joyce, David (OH), Lee, Barbara (CA):
Adds the bipartisan SAFE Banking Act which allows state-legal
cannabis businesses to access the banking system and help
improve public safety by reducing the amount of cash at these
businesses. (10 minutes)
2. Sanchez (CA), Titus (NV): Extends consumer credit
protections to active duty armed and uniformed consumers to
dispute adverse actions or inaction on their credit report that
occurred while they were in a combat zone, aboard a U.S.
vessel, or away from their usual duty stations. (10 minutes)
3. Torres, Norma (CA), Perlmutter (CO), Fitzpatrick (PA),
Hayes (CT): Categorizes public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification System. (10 minutes)
4. Waters (CA): Authorizes a $200 million contribution to
the IMF's Catastrophe Containment and Relief Trust (CCRT) that
allows the IMF to provide immediate debt service relief to poor
countries in the wake of catastrophic natural disasters and
major, fast-spreading public health emergencies. (10 minutes)
5. Dean (PA): Directs the holder of a private education
loan to discharge the loan in the event of the borrower's death
or total and permanent disability. (10 minutes)
6. Plaskett (VI): Provides for U.S. Virgin Islands
nonimmigrant visitor visa waivers (as currently provided for
Guam and the Northern Mariana Islands) for stays of up to 45
days in the U.S. Virgin Islands. (10 minutes)
7. Costa (CA), Tiffany, Thomas (WI), Perlmutter (CO), Young
(AK), Steel, Michelle (CA): Expands eligibility for burial in
U.S. national cemeteries for Hmong and Lao veterans from the
Vietnam war to include individuals naturalized before 2000. (10
minutes)
8. Castro (TX): Strengthens contract authority of the
Department of Defense to improve minority representation in
certain media projects and submit a report on the summary of
the communities represented in such projects. (10 minutes)
9. Green, Al (TX): Requires the Department of Veterans
Affairs to distribute a payment of $25,000 to U.S. merchant
marines who engaged in qualified service during World War II.
To be eligible, an individual must apply for the benefit and
must not have received benefits under the Servicemen's
Readjustment Act of 1944. Sets forth what constitutes qualified
service, including time frame of service and licensing
requirements. (10 minutes)
10. Cicilline (RI), Golden (ME), Takano (CA), Reschenthaler
(PA), Brown (MD): Prohibits the enforcement of forced
arbitration clauses in contracts covered by the Servicemembers
Civil Relief Act. (10 minutes)
11. Tlaib (MI): Strengthens servicemember consumer
protections with regards to medical debt collections and credit
reporting, including prohibiting the collection of medical debt
for the first two years and prohibiting debt arising from
medically necessary procedures from ever appearing on
servicemember credit reports. (10 minutes)
12. Higgins, Brian (NY): Increases authorized funding to
the National Maritime Heritage Grants Program, as established
under Sec. 38703, Title 54 U.S.C. (10 minutes)
13. Casten (IL): Requires that any new construction of DoD
buildings larger than 5,000 square feet be designed to be net-
zero by 2035 and includes a national security waiver, and
separately directs a status report on progress towards meeting
DoD's current energy security goal to produce or procure
renewable energy not less than 25 percent by FY25. (10 minutes)
14. Larsen, Rick (WA), Grijalva (AZ), Kilmer (WA),
Strickland (WA), DelBene (WA), Lowenthal (CA), Schrier (WA):
Expands protections for marine mammals to include vessel speed
mitigation measures, monitoring of underwater soundscapes, and
grants to support research and development into marine mammal
monitoring technologies. (10 minutes)
15. Slotkin (MI), Sarbanes (MD), Delgado (NY), Fitzpatrick
(PA), Levin, Andy (MI), Leger Fernandez (NM), Ross (NC), Mace
(SC), Posey (FL): Directs the Secretary of Defense to provide
DOD medical providers with mandatory training with respect to
the potential health effects of PFAS; requires EPA to obtain
analytical reference standards for PFAS for the development of
protocols and methodologies and enforcement activities;
clarifies the scope of the PFAS Data Reporting from the 2020
NDAA; amends Title III, Section 318 to: (1) clarify that DOD
must comply with safe incineration of PFAS as enacted in
section 330 of the NDAA for FY2020; (2) require the report on
DOD progress to comply with EPA safe PFAS disposal guidelines
to be submitted one year after enactment of the act and include
report submission to the Committee on Armed Services of the
Senate and House; (3) require the report to include actions DOD
has taken to comply with section 330 of NDAA FY2020 and
recommendations for the safe storage of PFAS; and (4) define
the scope of prohibition to ensure PFAS materials sent to third
parties for disposal are also covered on the provision;
expresses the sense of Congress that the Air Force has
contaminated real property with PFOS and PFOA chemicals and
should use existing authority to acquire property and provide
relocation assistance; requires a report detailing
contamination sites and acquisition and relocation status;
requires a national primary drinking water regulation for PFAS;
and clarifies Congressional intent by requiring manufacturers
to disclose all PFAS discharges over 100 lbs. (10 minutes)
16. DeGette (CO), Huffman (CA), Schiff (CA), Kilmer (WA),
Carbajal (CA), Chu (CA): Adds the text of Titles I-VI of the
Protecting America's Wilderness and Public Lands Act. (10
minutes)
17. Neguse (CO), Grijalva (AZ): Adds the text of H.R. 577,
the Colorado Outdoor Recreation and Economy Act, and H.R. 1052,
the Grand Canyon Protection Act to the bill. (10 minutes)
18. Kim (NJ), Pfluger (TX), Garamendi (CA), Norcross (NJ):
Requires that to the extent practicable, DoD shall give
preference for military construction contracts to firms who
certify that at least 51 percent of employees hired to perform
the contract shall reside in the same State or within a 60-mile
radius and requires all contractors and subcontractors for
military construction (MilCon) projects be licensed in the
state where the work is to be performed, and requires
Congressional notification on major MilCon contracting/
subcontracting awards. (10 minutes)
19. McCaul (TX), Kaptur (OH), Kinzinger (IL), Gallego (AZ),
Wilson, Joe (SC), Quigley (IL), Fitzpatrick (PA), Levin, Andy
(MI), Turner (OH), Cohen (TN), Pfluger (TX), Jackson Lee (TX),
Meijer (MI), Harris (MD), McKinley (WV), Costa (CA), Van Duyne
(TX): Authorizes new mandatory sanctions on foreign entities
and individuals responsible for the planning, construction, and
operation of the Nord Stream 2 pipeline. Repeals the national
interest waiver for sanctions required by existing law related
to the pipeline project. (10 minutes)
20. Sherman (CA), Waters (CA): Imposes sanctions to
prohibit Americans from purchasing or selling newly issued
Russian sovereign debt in primary and secondary markets, in
response to Russian interference in the past three U.S.
elections. Requires the Office of the Director of National
Intelligence to complete a report on foreign interference for
each future midterm and Presidential election and directs the
President, after receiving this report, to determine whether to
suspend or keep in place these sanctions. (10 minutes)
21. Cardenas (CA), Schiff (CA), Speier (CA), Levin, Andy
(MI), Bilirakis (FL), Lofgren (CA), Pallone (NJ), Schakowsky
(IL), Sherman (CA), Valadao (CA), Chu (CA), Eshoo (CA), Porter
(CA), Kim, Young (CA), Krishnamoorthi (IL), Titus (NV): Creates
a report on Azerbaijan's activities in Nagorno Karabakh in 2020
to be submitted to the relevant congressional committees by the
Secretary of Defense in consultation with the Secretary of
State. Also expresses the Sense of Congress that the government
of Azerbaijan should immediately return all Armenian prisoners
of war and captured civilians. Urges the Administration to
engage with Azerbaijani authorities, including through the OSCE
Minsk Group, to make clear the importance of adhering to their
obligations under the November 9 statement and international
law to immediately release all prisoners of war and captured
civilians. (10 minutes)
22. Cleaver (MO), Cohen (TN), Moore (WI), Meeks (NY):
Establishes the Alcee L. Hastings Leadership Institute for
Inclusive Transatlantic Engagement to honor and continue the
important work of our colleague Rep. Hastings to increase
diversity in international affairs and national security
leadership and public service careers in the United States and
Europe. Assists in addressing extremism, hate crimes, and other
security challenges. (10 minutes)
23. Schiff (CA): Requires proceedings for military
commissions to be publicly available on the internet. (10
minutes)
24. Schiff (CA): Prohibits the use of evidence obtained by
or with the assistance of a member of the Armed Forces in
violation of the Posse Comitatus Act in a court or other legal
proceeding. (10 minutes)
25. Bowman (NY), Khanna (CA), DeFazio (OR), Tlaib (MI),
Torres, Ritchie (NY), Schakowsky (IL), Cohen (TN): Prohibits
U.S. military presence in Syria without Congressional approval
within one year of enactment. (10 minutes)
26. Mfume, Kweisi (MD), Neguse (CO): Increases the
government-wide goals for small business participation in
federal contracts and for certain small business concerns. (10
minutes)
27. Omar (MN), Lee, Barbara (CA), Johnson, Hank (GA),
Pressley (MA): Adds requirement that the final report of the
Commission on Afghanistan created by Section 1080 includes an
assessment of the impact of civilian harm and human rights
violations, including civilian casualties from airstrikes,
arbitrary detention, extrajudicial killings, and the use of
torture. (10 minutes)
28. Khanna (CA), Jayapal (WA), Schiff (CA), Smith, Adam
(WA), DeFazio (OR), Porter (CA), Welch (VT), Johnson, Hank
(GA), Schakowsky (IL), Connolly (VA), Lieu (CA), Himes (CT),
Torres, Ritchie (NY), Tlaib (MI), Blumenauer (OR), Cohen (TN),
Dingell (MI): Terminates U.S. military logistical support, and
the transfer of spare parts to Saudi warplanes conducting
aerial strikes against the Houthis in Yemen and permanently
ends intelligence sharing that enables offensive strikes and
any U.S. effort to command, coordinate, participate in the
movement of, or accompany Saudi or United Arab Emirates-led
coalition forces in the war in Yemen. (10 minutes)
29. Correa (CA), Carson (IN), Case (HI), Sherrill (NJ),
Jones, Mondaire (NY), Suozzi (NY): Establishes an Afghan Refuge
Special Envoy position. (10 minutes)
30. Meeks (NY), Deutch (FL), Lieu (CA), Smith, Adam (WA),
Schiff (CA): Requires the suspension of U.S. sustainment and
maintenance support to Saudi air force units responsible for
airstrikes resulting in civilian casualties in Yemen with
certain exemptions for territorial self-defense,
counterterrorism operations, and defense of U.S. government
facilities or personnel. (10 minutes)
31. Torres, Norma (CA), Sires (NJ): Establishes additional
criteria for accountability mechanisms in the Northern
Triangle, including visa restrictions and limitations on
security assistance for corruption and obstructing democratic
processes. Establishes a fellowship for rule of law and
democracy defenders from the region to continue their work when
under threat and collaborate with international organizations
and U.S. government agencies to advance work that supports core
U.S. policy goals. (10 minutes)
32. Langevin (RI): Makes a technical correction to Section
1752 of the FY21 NDAA (6 U.S.C. 1500) that will allow the
Office of the National Cyber Director to accept the services of
non-reimbursed detailees from departments and agencies. (10
minutes)
33. Kahele (HI), Blumenauer (OR), Norton (DC), Cleaver
(MO), Huffman (CA), Williams (GA), Gallego (AZ), Ruiz (CA):
Rescinds twenty Medals of Honor awarded to the members of the
United States army for killing hundreds of unarmed Lakota
women, children and men on the Pine Ridge Indian Reservation,
which later became known as the Wounded Knee Massacre. (10
minutes)
34. Adams (NC), Green, Al (TX): Extends the private student
loan protections until January 31, 2022. (10 minutes)
35. Maloney, Carolyn (NY), Connolly (VA), Sarbanes (MD),
Castro (TX): Replaces the congressional publication entitled
United States Government Policy and Supporting Positions,
commonly known as the Plum Book, with an online public
directory and requires the Office of Personnel Management (OPM)
to publish the information contained in the Plum Book on a
public website in a format that is easily searchable and that
otherwise meets certain data standards. (10 minutes)
36. Johnson, Hank (GA), Schakowsky (IL), Connolly (VA),
Norton (DC), Carson (IN), Tlaib (MI), Jacobs, Sara (CA), Lee,
Barbara (CA), Moore (WI), Gallego (AZ), Gomez (CA), Omar (MN),
Takano (CA), Jones, Mondaire (NY), Blumenauer (OR), Cohen (TN),
Pocan (WI), Jayapal (WA), Garcia, Jesus (IL), Huffman (CA),
Escobar (TX), Brown (MD), McClintock (CA): Restricts the
Department of Defense (DOD) from transferring certain surplus
military property to federal, state, or local law enforcement
agencies. Specifically, DOD may not transfer to such agencies
specified property such as controlled firearms, ammunition,
grenade launchers, explosives, certain vehicles or trucks,
armored or weaponized drones, certain controlled aircraft,
silencers, or long-range acoustic devices. DOD may waive this
limitation and transfer certain vehicles or trucks if DOD
determines that the transfer is necessary for disaster or
rescue purposes or for another purpose where life and public
safety are at risk. (10 minutes)
37. Houlahan (PA), Gonzalez, Anthony (OH), Clarke, Yvette
(NY), Gallagher (WI): Creates a cybersecurity training pilot
program at the Department of Veterans Affairs for veterans and
members of the Armed Forces transitioning from service to
civilian life. Creates a registered apprenticeship program at
the Cybersecurity and Infrastructure Security Agency (CISA)
focused on cybersecurity and infrastructure security. Both
programs are established in coordination with the Department of
Defense. (10 minutes)
38. Garamendi (CA), Khanna (CA), Jacobs, Sara (CA),
Blumenauer (OR), Beyer (VA): Prohibits funding for the Ground
Based Strategic Deterrent (GBSD) program and W87-1. (10
minutes)
39. Schrader (OR): Reduces Unfunded Priority Lists to only
the six Service Branches of the United States Military and
United States Special Operations Command. (10 minutes)
40. Pocan (WI), Lee, Barbara (CA), Schakowsky (IL), Gomez
(CA), Espaillat (NY), Cohen (TN), Johnson, Hank (GA), Lowenthal
(CA), Watson Coleman (NJ), Pressley (MA), Norton (DC), Grijalva
(AZ), Blumenauer (OR), Tlaib (MI), Levin, Andy (MI), DeFazio
(OR), Khanna (CA), Velazquez (NY), Torres, Ritchie (NY),
Auchincloss (MA), Welch (VT), Huffman (CA), Lofgren (CA), Chu
(CA), Nadler (NY), Raskin (MD), Garcia, Jesus (IL), Jayapal
(WA), Meng (NY), Barragan (CA), Omar (MN), Ocasio-Cortez (NY),
McGovern (MA), Newman (IL): Reduces overall authorization level
by 10%. Excludes military personnel, DoD federal civilian
workforce, and defense health program accounts from the 10%
reduction. (10 minutes)
41. Lee, Barbara (CA), Pocan (WI), Ocasio-Cortez (NY),
Jacobs, Sara (CA), Pressley (MA), Moore (WI), Newman (IL):
Reduces amounts authorized for defense spending in FY22 to no
more than the amount requested by the President. (10 minutes)
42. Langevin (RI), Escobar (TX), Ross (NC), Lofgren (CA):
Allows for admission of essential scientists and technical
experts to promote and protect the national security innovation
base. (10 minutes)
43. Spanberger (VA), Gonzalez, Anthony (OH): Requires the
Treasury Department to conduct and submit to Congress a report
on any risks to the U.S. financial stability and the global
economy emanating from the People's Republic of China, along
with any recommendations to the U.S. representatives at the
International Monetary Fund and the Financial Stability Board
to strengthen international cooperation to monitor and mitigate
such financial stability risks through the work of the
International Monetary Fund and the Financial Stability Board.
(10 minutes)
44. Gottheimer (NJ): Requires the Secretary of the Treasury
to submit to Congress (1) a copy of licenses authorizing
financial institutions to provide services benefitting a state
sponsor of terrorism, and (2) a report on foreign financial
institutions conducting significant transactions for persons
sanctioned for international terrorism and human rights
violations. (10 minutes)
45. Adams (NC): Clarifies that ``nursing'' is another
status through which an individual may be subject to
discrimination. (10 minutes)
46. Adams (NC), Brown (MD): Clarifies the definition of
Historically black colleges and universities (HBCUs) in the
context of defense research. (10 minutes)
47. Arrington (TX): Requires the Secretary of the Air
Force, or the Secretary's designee, to provide to the
congressional defense committees a briefing on the process for
evaluating and granting military type certifications for
aircraft. (10 minutes)
48. Arrington (TX): Requires the Secretary of Defense and
Secretary of State to submit a report that describes the
financial benefits Russia will obtain through the Nordstream 2
Pipeline as well as an analysis of the security risks of a
completed pipeline to Ukraine, our European allies and
partners, and the NATO alliance. (10 minutes)
49. Auchincloss (MA): Directs the Treasury Secretary to
determine if there are reasonable grounds to conclude that
there is a primary money laundering concern in connection with
Afghan illicit finance. (10 minutes)
50. Auchincloss (MA): Gives the Afghanistan Commission,
established in the NDAA base text, the authority to secure
information and intelligence related to its investigations
while protecting sources and methods. (10 minutes)
51. Baird (IN), Carson (IN), DesJarlais (TN): Designates
$15 million in funding for the Hypersonics Advanced
Manufacturing Technology Centers (HAMTC) under Section 1402,
Advanced Technology Development Defense-wide Manufacturing
Science and Technology Program, offset from Operations and
Maintenance. (10 minutes)
52. Banks (IN): Modifies the rules for appointees of the
military academy Board of Visitors to mandate that the
President must choose the replacement for Presidential
appointees. (10 minutes)
53. Barr (KY), Chabot (OH): Directs the Director of
National Intelligence to submit to Congress a report on
influence operations conducted by China to interfere in or
undermine peace and stability of the Taiwan Strait and the
Indo-Pacific Region and efforts by the U.S. to work with Taiwan
to disrupt such operations. (10 minutes)
54. Barr (KY): Directs the Defense Health Agency to carry
out a pilot program to determine the prevalence of sleep apnea
among members of the Armed Forces assigned to initial training.
(10 minutes)
55. Barragan (CA): Changes the name of The Battleship IOWA
Museum, located in Los Angeles, California, and managed by the
Pacific Battleship Center, to the ``National Museum of the
Surface Navy''. (10 minutes)
56. Barragan (CA): Requires the Department of Defense and
the Department of Homeland Security to provide notice to all
noncitizen military recruits about their options for
naturalization. (10 minutes)
57. Beatty (OH), Wagner (MO): Directs an interagency study
and report on the housing and service needs of survivors and
those at risk of trafficking. (10 minutes)
58. Bera (CA), Fitzpatrick (PA): Authorizes U.S.
participation in the Coalition for Epidemic Preparedness
Innovations (CEPI). (10 minutes)
59. Bera (CA), Chabot (OH), Bacon (NE): Supports Taiwan's
investment in an asymmetric defense strategy by requiring a
report with programmatic and policy options to support Taiwan's
defense budgeting and procurement process in a manner that
facilitates sustained investment in capabilities aligned with
Taiwan's asymmetric defense strategy. (10 minutes)
60. Bera (CA): Requires a joint report from the Department
of State and Department of Defense on the utilization of the
Synchronized Predeployment and Operational Tracker (SPOT)
database to verify Afghan special immigrant visa applicant
information. (10 minutes)
61. Biggs (AZ), Van Duyne (TX): Expresses a sense of
Congress about the importance of the U.S.-Israel relationship.
(10 minutes)
62. Bilirakis (FL): Adds a Sense of Congress on the role of
human rights in reducing violence in Nigeria. (10 minutes)
63. Blumenauer (OR), Garamendi (CA): Requires the Director
for Cost Estimation and Program Evaluation to conduct a study
on the unexpected cost increases for the W80-4 nuclear warhead
life extension program. (10 minutes)
64. Blumenauer (OR), Newman (IL), Espaillat (NY): Requires
a Department of Defense report to Congress on activities and
planned activities related to Superfund sites in which DoD is
responsible for the pollution. (10 minutes)
65. Blunt Rochester (DE): Sense of Congress honoring Dover
Air Force Base, including the 436th and 512th Airlift Wings,
and the Charles C. Carson Center for Mortuary Affairs. (10
minutes)
66. Bourdeaux (GA): Requires a report from DOD on the
implementation of GAO's recommendations to improve the
Procurement Technical Assistance Program, as set forth in GAO-
21-287. (10 minutes)
67. Boyle (PA): Creates a new section to review agreements
with non-Department entities with respect to prevention and
mitigation of spills of Aqueous Film-Forming Foam. (10 minutes)
68. Brown (MD), Katko (NY), Balderson (OH), Davis, Rodney
(IL), Krishnamoorthi (IL): Provides a limited, targeted waiver
of the FAR provision only as it applies to forgiven PPP loans
received by engineering firms doing work on federally funded
transportation projects. (10 minutes)
69. Brown (MD): Requires a report from the Department of
Defense on training provided to the acquisition workforce on
commercial item determinations. (10 minutes)
70. Brown (MD), Trahan (MA), Green, Mark (TN): Adds
installation support services to intergovernmental service
agreements in order to protect individuals with disabilities.
(10 minutes)
71. Brown (MD), Strickland (WA): Requires the Secretary of
Defense to submit an annual report to congress on the
demographic breakdown of security forces citations. (10
minutes)
72. Brownley (CA): Requires DOD to implement GAO
recommendations to address disparity in military uniform costs
by gender and allows for a one-time retroactive payment from
DOD to women service members affected by disparity in uniform
costs over last 10 years. The revision makes the payment
optional and makes clear that retired/separated members are not
eligible, and our second revision was necessary to fix
something with the caption at the request of Leg Counsel. (10
minutes)
73. Brownley (CA): Requires Government Accountability
Office to conduct a study of DOD's policy to discharge women
based on pregnancy or parenthood between 1951-1976 based on
Executive Order by President Truman. Requires study to include
number of women impacted, identify the impact on their access
to VA benefits and health care, and make recommendations on
restoring access. (10 minutes)
74. Brownley (CA), Langevin (RI): Establishes a federal
grant program to help states create and implement a Seal of
Biliteracy program that encourages and recognizes high school
students who achieve proficiency in both English and at least
one other language. (10 minutes)
75. Brownley (CA): Revises the reporting requirement for
the VA Advisory Committee on Women Veterans to make the report
annual instead of every other year. (10 minutes)
76. Buchanan (FL): Directs the Secretary of Defense to
implement the recommendations included in the July 2021 GAO
report on increasing the safety of military training drills and
reducing fatalities within the Army, Navy, Air Force, and
Marines. (10 minutes)
77. Buck (CO), Khanna (CA): Amends section 1241 of
subsection E of title XII to clarify that China's atrocities in
Xinjiang are genocide, to be consistent with previous
designations made by the Executive branch. (10 minutes)
78. Budd (NC): Prohibits any funding in the bill from being
used to remove publicly available accountings of military
assistance provided to Afghan security forces from the website
of the Department of Defense or any other agency. (10 minutes)
79. Burchett (TN): Requires the Secretary of Defense to
provide a briefing to the Armed Services Committees of the
House and Senate on plans by DoD for fielding electronic
autonomous shuttles on military installations for the purpose
of transporting personnel and equipment. (10 minutes)
80. Bush, Cori (MO): Studies nuclear contamination in
Coldwater Creek and installs warning signage to reduce
potential harm. (10 minutes)
81. Bustos (IL), Axne (IA), Balderson (OH), Schakowsky
(IL), Fitzpatrick (PA), Lofgren (CA), Joyce, David (OH),
Courtney (CT), Houlahan (PA), Luria (VA), Norton (DC), Hartzler
(MO), Kilmer (WA), Kuster (NH): Amends Section 106 of Title 38
U.S.C. recognizing the service of the U.S. Cadet Nurse Corps
and allows applicable discharge from service by the DoD and
provision of service medal and grave marker, while not
providing other Veteran benefits or burial rights at Arlington
National Cemetery. (10 minutes)
82. Bustos (IL), Newman (IL), Quigley (IL): Creates USD
(R&E) 3-year Pilot Program in concert with Manufacturing
Innovation Institutes (MII) to transfer digitally secured
manufacturing technologies to defense industrial base
contractors and provides reimbursement to MII's for associated
transfer costs and requires annual briefing submission to the
House and Senate Armed Services Committees. (10 minutes)
83. Bustos (IL), Newman (IL), Quigley (IL): Directs the USD
(R&E) to create a disruptive manufacturing capabilities
integration roadmap in consultation with DoD Manufacturing
Innovation Institutes. Requires submission of roadmap briefing
to HASC. (10 minutes)
84. Cammack, Kat (FL): Requires the Secretary of Homeland
Security and Secretary of Commerce to submit a report that
includes an assessment of establishing a preclearance facility
in Taiwan. (10 minutes)
85. Cammack, Kat (FL): Requires the Secretary of Defense to
conduct an anonymous survey to determine the effects that the
COVID-19 vaccine mandate issued by the Secretary on August 24,
2021, has had on recruitment to and reenlistment in the Armed
Forces. (10 minutes)
86. Carbajal (CA): Requires the Chief of Space Operations
to consider commercial launch when completing the requested
range infrastructure report. (10 minutes)
87. Carson (IN), McKinley (WV), Eshoo (CA): Increases
pancreatic cancer research funding at the Department of
Defense's Congressionally Directed Medical Research Programs
(CDMRP) by 5 million, to the already appropriated 15 million.
(10 minutes)
88. Case (HI), Kahele (HI), Chabot (OH): Modifies the DIA
annual report on China's military and security developments to
include an assessment of China's military expansion into the
Pacific Islands Region. This assessment would include their
strategic interests in the region, mil-to-mil engagements,
financial assistance and other investments in the region. (10
minutes)
89. Case (HI), Kahele (HI): Expresses the sense of Congress
that the U.S. and Republic of Palau have a strong relationship
and that Congress is receptive of Palau's request to the U.S.
to establish a regular military presence in Palau for the
purposes of Palau's defense. It also requires a report on the
DoD's plans to review Palau's request and any planned military
construction associated with the request. (10 minutes)
90. Case (HI), Kahele (HI): Requires a report from the
Secretaries of State and Defense on the activities and
resources required to enhance security partnerships between the
United States and Indo-Pacific countries. (10 minutes)
91. Case (HI), Kahele (HI): Requires an annual report from
the Secretary of Defense describing the progress being made by
the DoD to renew military land leases and easements in the
State of Hawaii that expire within the next 10 years. (10
minutes)
92. Case (HI), Kahele (HI): Expresses the sense of Congress
that the Red Hill Bulk Fuel Storage facility in Hawaii needs to
be operated at the highest standard possible and its continued
availability is a matter of national security. It also requires
an inspection of the facility and its appurtenances to ensure
its integrity. (10 minutes)
93. Case (HI), Kahele (HI): Requires a report on long-term
infrastructure needs to support the Marine Corps realignment in
the Indo-Pacific area of responsibility. (10 minutes)
94. Case (HI), Kahele (HI): Requires an update once every
five years of the DoD's Hawaii Master Land Use Plan to
synchronize each service's use of land. Expresses the sense of
Congress that the partnership between Hawaii and the DoD is
based on the principles of respect, maximum joint use of land,
and synchronized communication between the state and DoD. (10
minutes)
95. Case (HI), Kahele (HI): Requires the DoD to conduct an
investigation into incidents of military aircraft being lazed
by the general population in Hawaii and provide a report to
Congress and requires the DoD find ways to mitigate future
lazing incidence through data collection and tracking, a change
of operating procedures, and providing laser eye protection
against commercial off the shelf lasers. Revision includes the
date for investigation. (10 minutes)
96. Case (HI), Kahele (HI): Requires a report from the DoD
to Congress on best practices for coordinating relations with
state and local governmental entities in the State of Hawaii.
(10 minutes)
97. Castro (TX), Sires (NJ): Requires the Department of
State to submit a report on efforts to counter firearms
trafficking to Mexico and implement the recommendations of a
Government Accountability Office report. (10 minutes)
98. Castro (TX): Requires the Department of State's annual
Country Reports on Human Rights Practices to include
information on the treatment of migrants. (10 minutes)
99. Chabot (OH): Requires GAO to conduct a study of U.S.
capabilities for, and competence in, conducting and responding
to gray zone campaigns, both within agencies and across the
interagency. The study shall include recommendations for
changes to enhance U.S. ability to more effectively compete in
the gray zone. (10 minutes)
100. Cheney (WY): Limits the Availability Of Funds For the
secretary of the Air Force for Prototype Program For
Multiglobal Navigation Satellite System Receiver Development.
(10 minutes)
101. Cheney (WY): Directs the Secretary of Defense, in
coordination with the Secretary of Energy and the Secretary of
Commerce, to conduct an assessment of the effect on national
security that would result from uranium ceasing to be
designated as a critical mineral by the Secretary of the
Interior under section 7002(c) of the Energy Act of 2020. (10
minutes)
102. Chu (CA): Extends and expands the Department of
Defense's requirement to track and report on incidents of
hazing and bullying in each service branch. Directs the
Secretary to develop plans to improve hazing and bullying
prevention and response during the next reporting year. (10
minutes)
103. Chu (CA): Responds to the Department of Defense's
August airstrike in Kabul that wrongfully killed as many as 10
civilians by expressing the Sense of Congress that the
Department must ensure full accountability for this mistake,
conduct a timely and transparent investigation into the events
leading up to the strike, and provide compensation to the
families of the victims. (10 minutes)
104. Cicilline (RI), Trahan (MA), Courtney (CT), Moulton
(MA), Auchincloss (MA), Keating (MA), Langevin (RI), Lynch
(MA), DeLauro (CT), Neal (MA): Establishes the Southern New
England Regional Commission, which would assist in the
development of defense manufacturing in Southern New England.
(10 minutes)
105. Clark, Katherine (MA): Adds the President, Vice
President, and any Cabinet member to the current statutory
prohibition on Members of Congress contracting with the federal
government. (10 minutes)
106. Clark, Katherine (MA), Fitzpatrick (PA), Speier (CA),
Miller-Meeks (IA), McMorris Rodgers (WA): Expresses the sense
of Congress that the United States honors the women who served
in World War II and former Rep. Edith Nourse Rogers for her
role in establishing the Women's Army Auxiliary Corps and the
Women's Army Corps. (10 minutes)
107. Clarke, Yvette (NY), Thompson, Bennie (MS), Katko
(NY), Garbarino (NY): Authorizes the CyberSentry program within
the DHS Cybersecurity and Infrastructure Security Agency
(CISA), a critical Industrial Control System (ICS)
cybersecurity program that allows CISA to enter into strategic,
voluntary partnerships with priority ICS owners and operators
to provide enhanced cyber threat monitoring and detection. (10
minutes)
108. Clarke, Yvette (NY), Thompson, Bennie (MS), Katko
(NY), Garbarino (NY): Requires the DHS Cybersecurity and
Infrastructure Security Agency (CISA) to establish requirements
and procedures for covered critical infrastructure owners and
operators to report covered cybersecurity incidents to a new
Cyber Incident Review Office, to be established within CISA.
(10 minutes)
109. Cleaver (MO): Directs the Secretary of Treasury to
carry out a study on the Secretary's delegation of examination
authority under the Bank Secrecy Act. (10 minutes)
110. Cohen (TN), Wilson, Joe (SC), Malinowski (NJ), Curtis
(UT), Kaptur (OH), Jackson Lee (TX), Salazar (FL), Cleaver
(MO), Phillips (MN), Hudson (NC), Gallego (AZ), Hill, French
(AR), Porter (CA), Meijer (MI): Establishes priorities of U.S.
engagement at INTERPOL, identifies areas for improvement in the
U.S. government's response to INTERPOL abuse, and protects the
U.S. judicial system from abusive INTERPOL notices. Creates a
country-by-country tiered reporting requirement based on
compliance with anti-corruption norms and commitments. (10
minutes)
111. Cohen (TN): Requires the Secretary of Defense to
attempt to recover any aircraft that were provided by the
United States to the Afghan security forces that have been
relocated to other countries. (10 minutes)
112. Comer (KY), Hice (GA), Norman (SC), Higgins, Clay
(LA), Fallon (TX), Gibbs (OH), Foxx (NC), LaTurner (KS),
Herrell (NM), Gosar (AZ), Mace (SC), Franklin (FL), Grothman
(WI), Clyde (GA): Requires the Special Inspector General for
Afghanistan Reconstruction (SIGAR) to investigate and report on
the disposition of military equipment provided by the United
States to Afghanistan, as well as whether Afghan government
officials took United States taxpayer funds or equipment when
fleeing the country. (10 minutes)
113. Connolly (VA), Meeks (NY): Imposes temporary limits on
arms sales to Saudi Arabia and requires various reports and
actions related to the death of Saudi Arabian journalist Jamal
Khashoggi. (10 minutes)
114. Connolly (VA), Bera (CA), Fitzpatrick (PA), Larsen,
Rick (WA), Chabot (OH): Directs the President to create the
Global Health Security Agenda Interagency Review Council to
implement the Global Health Security Agenda and to appoint a
U.S. Coordinator for Global Health Security to coordinate and
report on the interagency process for responding to global
health security emergencies. (10 minutes)
115. Connolly (VA), Turner (OH): Requires a report related
to human rights abusers, terrorists, and military coup
participants who have received security cooperation training
from the United States. (10 minutes)
116. Connolly (VA), Comer (KY): Provides a statutory
framework for the Federal Risk and Authorization Management
Program (FedRAMP) that will make the program more accountable
and transparent and help ensure that agencies' processes of
moving safely to the cloud are streamlined and efficient. (10
minutes)
117. Correa (CA): Requires the Department of Veterans
Affairs (VA) to submit an annual report on women veterans
access to gender specific services under arrangements entered
into by the VA with non-VA medical provides for the provision
of hospital care or medical services. (10 minutes)
118. Craig (MN): Adds $30 Million to the Army Community
Services account to provide family assistance, victim advocacy,
financial counseling, employment readiness, and other similar
support services at installations where 500 or more military
members are assigned. (10 minutes)
119. Crawford (AR): Directs Secretary of the Army to divest
20th CBRN command to Army Special Operations Command,
establishing the 1st EOD Command. (10 minutes)
120. Crawford (AR): Directs Secretary of the Army to
designate an Assistant to provide oversight of the Army's EOD
program. (10 minutes)
121. Crawford (AR): Directs the Executive Agent to
designate a joint program executive officer for the EOD Defense
Program. (10 minutes)
122. Crist (FL): Requires a report on aircraft turbine
engine rotor inventory, maintenance, and repairs. (10 minutes)
123. Crow (CO), Meijer (MI), Speier (CA), Frankel (FL),
Lawrence (MI): Makes clear that those employed under
cooperative agreements and grants are eligible for the Afghan
SIV program. (10 minutes)
124. Crow (CO), Gallagher (WI), Taylor (TX), Panetta (CA),
Houlahan (PA), Speier (CA), Crenshaw (TX), Wilson, Joe (SC),
Gonzales, Tony (TX), Kelly, Mike (PA), Waltz (FL), Steube (FL),
Costa (CA), McClain (MI), Katko (NY), Mast (FL), Budd (NC),
Miller-Meeks (IA), Suozzi (NY), McMorris Rodgers (WA), Ross
(NC), Stevens (MI), Axne (IA), Vela (TX), Kahele (HI), Palazzo
(MS), Hartzler (MO), Brown (MD), Carbajal (CA), Moulton (MA),
Luria (VA), Green, Mark (TN), Pfluger (TX), Hayes (CT), Bustos
(IL), Kim, Young (CA), Bacon (NE), Golden (ME), Langevin (RI),
Meijer (MI), Strickland (WA), Franklin (FL), Lamb (PA), Bergman
(MI), Garcia, Mike (CA), Kinzinger (IL), Kelly, Trent (MS),
Wild (PA), Spanberger (VA), Norcross (NJ), Gallego (AZ),
Westerman (AR), Van Duyne (TX), Valadao (CA), Wilson, Frederica
(FL), Sherrill (NJ): Authorizes the establishment of a memorial
for service members of the Global War on Terrorism on the
National Mall. (10 minutes)
125. Curtis (UT), Malinowski (NJ), Kim, Young (CA),
Phillips (MN), Spanberger (VA): Updates the Annual Report on
Human Rights Practices to report on the status of surveillance
and use of advanced technology to impose arbitrary or unlawful
interference with privacy, or unlawful or unnecessary
restrictions on freedoms of expression, peaceful assembly,
association, or other internationally recognized human rights.
(10 minutes)
126. Davis, Rodney (IL), Garamendi (CA): Increases funding
for 3D Printing of Infrastructure with an offset from the
Integrated Personnel and Pay System-Army (IPPS-A). (10 minutes)
127. Dean (PA), Armstrong (ND), Turner (OH), Perlmutter
(CO), Reschenthaler (PA): Authorizes every notary to use remote
online notarization (RON) and creates national standards and
protections on its use. (10 minutes)
128. Dean (PA), Steil (WI): Directs the Secretary of the
Treasury to designate a Coordinator for Human Trafficking
Issues to coordinate activities, policies, and programs of the
Department that relate to human trafficking and to participate
in coordination across government agencies on these issues.
Additionally, the amendment requires the Secretary of the
Treasury to designate an office within the Office of Terrorism
and Financial Intelligence that shall coordinate efforts to
combat the illicit financing of human trafficking within 180
days of enactment. (10 minutes)
129. Delgado (NY): Directs the Secretary of Defense to
report to Congress within 180 days following enactment on any
discrepancies between in-home/nursing care between TRICARE and
CHAMPVA. (10 minutes)
130. DeSaulnier (CA), Lee, Barbara (CA): Expresses the
sense of Congress that the Port Chicago 50 should be exonerated
of any charges brought against them in the aftermath of the
deadliest home front explosion in World War II. (10 minutes)
131. Dunn (FL): Increases the Development of Medical
countermeasures Against Novel Entities (DOMANE) program to
allow for the rapid screening of all FDA approved compounds and
other human safe compound libraries to identify optimal drug
candidates for repurposing as medical countermeasures for
COVID-19 and other novel and emerging biothreats. (10 minutes)
132. Escobar (TX), Castor (FL): Directs the DoD to reduce
flood risk, damage, and disruption to military facilities and
to improve with established floodplain management practice by
requiring use of 500-year flood standard for mission-critical
facilities and consideration of projected changes in flooding
over the expected service life of facilities. (10 minutes)
133. Escobar (TX), Schrier (WA), Castor (FL): Enhances
military installation master plans by requiring them to address
installation resilience, increases the frequency at which the
plans must be developed, and ensures reporting on ongoing
coordination with public or private entities. (10 minutes)
134. Escobar (TX), Stansbury (NM), Castor (FL): Directs the
DoD Climate Working group to design technical specifications
for the assessment and mitigation of risk to supply chains from
extreme weather and changes in environmental conditions. (10
minutes)
135. Estes (KS): Requires the Secretary of Defense shall
provide a briefing to the Committee on Armed Services on the
evaluation of commercially available small unmanned air craft
systems with capabilities that align with the Department's
priorities. (10 minutes)
136. Evans (PA), Fitzgerald (WI): Provides additional
flexibilities and streamlines the waiver process required under
15 U.S.C. 637(a)(21). (10 minutes)
137. Fitzgerald (WI), Gallagher (WI): Requires the Chief of
the National Guard Bureau to submit an annual report to
Congress on the number of sexual assault cases involving
members of the Army and Air National Guard. (10 minutes)
138. Fortenberry (NE), Ruppersberger (MD): Adds a Sense of
Congress that it is in the best interests of the region for
Egypt, Ethiopia, and Sudan to immediately reach a just and
equitable agreement regarding the filling and operation of the
Grand Ethiopian Renaissance Dam. (10 minutes)
139. Foster (IL): Requires the Secretary of Defense to
enter into an arrangement with JASON Defense Advisory Council
to update the FY2010 NDAA study on discrimination capabilities
of the ballistic missile defense system. Creates a report on
the status of the JASON Defense Advisory Council contract by
the Secretary of Defense for Acquisition and Sustainment. (10
minutes)
140. Gallagher (WI), Moulton (MA): Establishes a National
Security Commission on Synthetic Biology. (10 minutes)
141. Gallagher (WI), Courtney (CT): Prohibits federal
operation or procurement of certain foreign-made unmanned
aircraft systems. (10 minutes)
142. Garamendi (CA): Directs DOD to implement its own
recommendations on improving use of unmanned aircraft systems
by the National Guard, from Congressionally directed review/
report. (10 minutes)
143. Garamendi (CA): Requires the DOD to include accounting
of costs for wildfire response in the annual budget request to
Congress, including military support for states and FEMA/
federal land management agencies. Current law only requires DOD
to account for climate adaptation and mitigation costs on U.S.
military installations in the President's annual budget
request. (10 minutes)
144. Garamendi (CA): Removes arbitrary cap on the number of
excess military aircraft that DOD may transfer at no cost to
DHS (FEMA) or the U.S. Forest Service for firefighting. Current
law only allows DOD to transfer 7 excess military aircraft.
Requires annual report to Congress by DOD on transfers of
excess military aircraft authorized by prior NDAAs. (10
minutes)
145. Garamendi (CA): Requires DOD/OMB to review existing
authorities for using Air Force and Air National Guard modular
airborne fire-fighting systems and other military assets to
fight wildfires. Then requires update to the 2004
Congressionally directed report on any changes to the law
needed to enhance those authorities. (10 minutes)
146. Garamendi (CA), Davis, Rodney (IL): Increases funding
for cold weather capabilities. (10 minutes)
147. Garbarino (NY), Langevin (RI), Katko (NY), Clarke,
Yvette (NY), Thompson, Bennie (MS), Gallagher (WI), Norman
(SC): Creates a 5-year term for the Cybersecurity and
Infrastructure Security Agency (CISA) Director and reaffirms
that the position will be Presidentially appointed and Senate
confirmed. (10 minutes)
148. Garbarino (NY), Langevin (RI): Establishes a
Department of Homeland Security grant program to facilitate
closer U.S.-Israel cybersecurity cooperation. (10 minutes)
149. Garbarino (NY), Evans (PA), Houlahan (PA), Chabot
(OH): Establishes a cyber counseling certification program for
Small Business Development Centers (SBDCs) assisting small
businesses with planning and implementing cybersecurity
measures. Authorizes the SBA to reimburse SBDCs for employee
certification costs up to $350,000 per fiscal year. SBDCs are
established nationwide with nearly 1,000 local centers; given
their reach, they are well positioned to assist small
businesses with their cybersecurity needs. (10 minutes)
150. Garbarino (NY), Clarke, Yvette (NY): Requires CISA to
update its cyber incident response plan not less often then
biennially, and requires CISA to consult with relevant Sector
Risk Management Agencies and the National Cyber Director, to
develop mechanisms to engage with stakeholders to educate them
about Federal Government cybersecurity roles for cyber incident
response. (10 minutes)
151. Garcia, Jesus (IL), Castro (TX), Johnson, Hank (GA),
Wild (PA), Schakowsky (IL): Prohibits funding to Brazil for the
purpose of displacing indigenous or Quilombola communities. (10
minutes)
152. Garcia, Jesus (IL), Omar (MN), Jacobs, Sara (CA), Bass
(CA), Tlaib (MI), Watson Coleman (NJ), Jayapal (WA), Hayes
(CT), Johnson, Hank (GA): Requires the GAO to submit a report
to Congress on humanitarian impacts of U.S. sanctions. (10
minutes)
153. Garcia, Mike (CA), Van Duyne (TX): Creates
professional licensure reciprocity for military service members
and their spouses who move to new jurisdictions as a result of
Permanent Change of Station Orders provided they submit to
certain requirements. Exempts individuals licensed under an
interstate licensure compact from this reciprocity. (10
minutes)
154. Gibbs (OH): Requires GAO to submit to Congress a
report accounting for any equipment provided by the United
States Coast Guard or the Army Corps of Engineers to any regime
in Afghanistan. (10 minutes)
155. Gohmert (TX): Creates a separate career track for
military judges to prevent undue influence from swaying trial
outcome. (10 minutes)
156. Gomez (CA), Fitzpatrick (PA), Kim, Young (CA), Meng
(NY), Steel, Michelle (CA), Chu (CA): Expresses the Sense of
Congress that Korean-American and Korean veterans who fought
alongside United States Armed Forces in the Vietnam war served
with distinction and honor. (10 minutes)
157. Gomez (CA): Expresses a Sense of Congress that the
Department of Defense should select electric or zero-emission
models when purchasing new, non-combat vehicles. (10 minutes)
158. Gonzales, Tony (TX), Kelly, Robin (IL), Bice (OK),
Kahele (HI), Bacon (NE), Carbajal (CA), Taylor (TX), Sherrill
(NJ), Moore, Blake (UT), Gottheimer (NJ), Salazar (FL), Escobar
(TX), Pfluger (TX), Cuellar (TX), Feenstra (IA), Golden (ME),
Kim, Young (CA), Moulton (MA), Miller-Meeks (IA), Suozzi (NY),
Reed (NY), Lee, Susie (NV), Franklin (FL), Lamb (PA), Meijer
(MI), Luria (VA), Gonzalez-Colon, Jenniffer (PR), Mace (SC),
Valadao (CA), Wild (PA), Stefanik (NY), Baird (IN), Waltz (FL),
Jackson, Ronny (TX), Kelly, Trent (MS): Establish the National
Digital Reserve Corps, a program within GSA that would allow
private sector tech talent to work for the federal government
for 30 days per calendar year to take on short term digital,
cybersecurity, and AI projects.
Reservists would report to GSA, who would then detail them
to executive agencies as needed. (10 minutes)
159. Gonzalez, Anthony (OH), Luria (VA), Doyle (PA):
Requires federal agencies to issue a report that assesses the
risk to U.S. national security posed by Russian and Chinese
dominance in the global nuclear energy market and identifies
opportunities for the U.S. to regain global leadership. (10
minutes)
160. Gonzalez, Anthony (OH), Allred (TX), Phillips (MN),
Stevens (MI), Barr (KY), Waltz (FL), Hill, French (AR): Directs
the Secretary of Commerce, in coordination with the Secretary
of the Treasury, to establish within the Bureau of Economic
Analysis of the Department of Commerce a China Economic Data
Coordination Center to collect and synthesize official and
unofficial Chinese economic data developments in China's
financial markets and United States exposure to risks and
vulnerabilities in China's financial system. (10 minutes)
161. Gonzalez, Anthony (OH), Langevin (RI), Miller-Meeks
(IA), Wild (PA): Creates a pilot program within the Department
of Defense's Transition Assistance Program (TAP) to provide
mental health counseling to transitioning servicemembers, and
specifically with information regarding the mental health
programs and benefits at their local VA facility. (10 minutes)
162. Gonzalez-Colon, Jenniffer (PR): Requires the Secretary
of Defense to commission a National Academies of Sciences study
that would investigate the connection between certain toxic
exposures and health effects on the islands of Vieques. (10
minutes)
163. Gonzalez-Colon, Jenniffer (PR): Prohibits the use of
FY22 NDAA funds for the purpose of retiring the LCM-8 platform
from service in Puerto Rico. Includes a Congressional Finding
that the LCM-8 is a mission critical Puerto Rico National Guard
asset that provided essential materials such as food and water
to the USVI, Vieques, and Culebra following Hurricane Maria.
(10 minutes)
164. Gonzalez-Colon, Jenniffer (PR): Requires the Secretary
of the Army to provide a Modular Small Arms Range in Puerto
Rico. Currently, USAR must rely on PRNG training assets which
cause significant scheduling difficulties and backlogs. (10
minutes)
165. Gosar (AZ): Requires the Comptroller General of the
United States to submit a report to Congress on the impact of
mergers and acquisitions of defense industrial base contractors
on the procurement processes of the Department of Defense. (10
minutes)
166. Gottheimer (NJ): Requires the Director of National
Intelligence, in coordination with the Secretary of State and
Secretary of Defense, to report to Congress on the use of
online social media by U.S. State Department-designated foreign
terrorist organizations, and the threat posed to U.S. national
security by online radicalization. (10 minutes)
167. Gottheimer (NJ): Requires the Under Secretary of
Defense for Personnel and Readiness to prepare an annual report
to Congress containing an analysis of the nationwide costs of
living for members of the Department of Defense. (10 minutes)
168. Gottheimer (NJ), Meijer (MI): Requires public
disclosure of lead testing results completed by the Department
of Defense in ``covered areas,'' i.e., an area located
immediately adjacent to and down gradient from a military
installation, a formerly used defense site, or a facility where
military activities are conducted by the National Guard of a
State. (10 minutes)
169. Gottheimer (NJ): Directs the Defense Logistics Agency
to conduct a study within one year of enactment of this law
regarding the degree to which LESO/1033 equipment and materials
for Law Enforcement use are equitably distributed between
larger, well-resourced municipalities and units of government
and smaller, less well-resourced municipalities and units of
government; and to identify potential reforms to the LESO/1033
program to ensure that equipment and materials are distributed
in a manner that provides adequate opportunity for
participation by smaller, less well-resourced municipalities
and units of government. (10 minutes)
170. Gottheimer (NJ), Gonzalez, Anthony (OH): Requires GAO
to carry out a study on the financing of domestic violent
extremists and terrorists, including foreign terrorist-inspired
domestic extremists. (10 minutes)
171. Graves, Garret (LA): Authorizes the President and the
Secretary of Defense, with the approval of the state or
territorial governor (and subject to appropriations), the
ability to offer support for large scale, complex, catastrophic
disasters. (10 minutes)
172. Graves, Sam (MO): Increases funding for Solider
Lethality for further development of Artificial Intelligence
(AI) capabilities that will enable a next-generation command
and control system for the warfighter. (10 minutes)
173. Graves, Sam (MO), Kahele (HI): Ensures that general
aviation (GA) pilots receive flight training in the aircraft
they will be operating in the National Airspace System (NAS).
(10 minutes)
174. Green, Al (TX): Requires the uniform residential loan
application to include a military service question in a
prominent location on the form. (10 minutes)
175. Green, Al (TX): Requires public housing agencies to
consider the housing needs of veterans when creating their
annual plans and housing strategies, the latter in consultation
with agencies that serve veterans. Similarly, the Department of
Housing and Urban Development (HUD) must revise its regulations
to require jurisdictions that receive funding from HUD to
include information relating to veterans in their consolidated
plans. (10 minutes)
176. Green, Mark (TN), Van Duyne (TX): Mandates the
Department of State maintain and report to Congress an
accounting of the number of American Citizens evacuated from
Hamid Karzai International Airport. (10 minutes)
177. Hagedorn (MN): Permits financial literacy training on
overseas military installations by financial services
providers. (10 minutes)
178. Higgins, Clay (LA), Bacon (NE): Adds a Sense of
Congress that stresses the importance of Joint Surveillance
Target Attack Radar System aircraft and reinforces Congress'
intent that the previous NDAA language be strictly adhered to
before any are retired. (10 minutes)
179. Hill, French (AR): Amends the Defense Production Act
(DPA) to protect medical materials for Americans by bolstering
our supply chain during times of crisis. (10 minutes)
180. Hill, French (AR): Requires an interagency strategy to
disrupt and dismantle narcotics production and trafficking and
affiliated networks linked to the regime of Bashar al-Assad in
Syria. (10 minutes)
181. Himes (CT), Crawford (AR), Schiff (CA), Crow (CO):
Instructs the Department of Defense to provide an analysis of
the cost of implementing next generation cryptography across
the DOD through a report on the resources necessary to fully
fund the Information Systems Security Program (ISSP) in order
to address cybersecurity requirements. (10 minutes)
182. Himes (CT): Allows Treasury Department (via FinCEN) to
use the special measures authority to designate jurisdictions,
accounts, and others that are determined to be ``Primary Money
Laundering Concerns'' due to illicit finance involvement such
as the cross-border laundering the proceeds of ransomware
attacks, business email compromise fraud, and other cyber-
enabled financial crimes which are often conducted outside of
the correspondent banks. (10 minutes)
183. Horsford (NV), Strickland (WA): Authorizes the
Secretary of Defense to conduct a pilot program to evaluate the
feasibility and effectiveness of software, emerging
technologies, and methodologies to track real-time emissions
from installations and installation assets. (10 minutes)
184. Horsford (NV): Authorizes the Secretary of Defense to
carry out a pilot program to establish data libraries
containing data sets relevant to the development of artificial
intelligence software and technology and to allow private
companies to access such data libraries for the purposes of
developing artificial intelligence models and other technical
software solutions. (10 minutes)
185. Horsford (NV): Directs the Department of Defense to
conduct a review of the implementation of its CUI program. The
review would include an assessment of the DoD's compliance with
DoDI 5200.48 and recommended changes to current statutes,
policy or regulations. (10 minutes)
186. Houlahan (PA), Fitzgerald (WI): Exempts certain
contracts awarded to small business concerns from category
management or successor strategies for contract consolidation.
(10 minutes)
187. Houlahan (PA), Langevin (RI), Bacon (NE), Larsen, Rick
(WA): Requires the Secretary of Defense to develop and
implement a plan to collect and analyze data on the use of
enhanced transfer of technology developed at Department of
Defense laboratories. Requires the Secretary of Defense submit
a report to the congressional defense committees. (10 minutes)
188. Houlahan (PA), Langevin (RI), Bacon (NE), Larsen, Rick
(WA), Stefanik (NY): Requires the Secretary of Defense to
submit to the congressional defense committees a report on the
recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of
Defense to include a determination of whether the Secretary of
Defense intends to implement each recommendation. (10 minutes)
189. Houlahan (PA), Langevin (RI), Comer (KY), Keller (PA):
Requires an annual report to Congress and OPM from the Chief
Human Capital Officers Council describing the activities of the
council and a description of barriers preventing agencies from
hiring qualified applicants, including for digital talent
positions, and recommendations for addressing those barriers.
(10 minutes)
190. Huizenga (MI), Mann (KS), Hudson (NC): Requires the
Secretary of the Air Force to submit a report to Congress
detailing the plans and timeline for the recovery operations of
the C-119 Gamble Chalk 1 crash site at Mt Silverthorne, Alaska.
(10 minutes)
191. Jackson Lee (TX): Provides authorization for a $10
million increase in funding for increased collaboration with
NIH to combat Triple Negative Breast Cancer. (10 minutes)
192. Jackson Lee (TX): Provides authorization for $2.5
million increase in funding to combat post-traumatic stress
disorder (PTSD). (10 minutes)
193. Jackson Lee (TX): Directs the Secretary of Defense to
promulgate regulations to ensure that candidates granted
admission to attend a military academy undergo screening for
speech disorders and be provided the results of the screening
test and a list of warfare unrestricted line (URL) Officer
positions and occupation specialists that require successful
performance on the speech test. Academy students shall have the
option of undergoing speech therapy to reduce speech disorders
or impediments. (10 minutes)
194. Jackson Lee (TX): Establishes a task force on the
historical and current barriers to African American
participation and equal treatment in the Armed Services. (10
minutes)
195. Jackson Lee (TX): Requires report on Maternity
Mortality Rates for military members and their dependents. (10
minutes)
196. Jackson Lee (TX): Requires a report to be submitted to
Congress within 240 days following enactment on the risks posed
by debris in low earth orbit and to make recommendations on
remediation of risks and outline plans to reduce the incident
of space debris. (10 minutes)
197. Jackson Lee (TX): Requires the Secretary of Defense to
report to Congress programs and procedures employed to ensure
students studying abroad through Department of Defense National
Security Education Programs are trained to recognize, resist,
and report against recruitment efforts by agents of foreign
governments. (10 minutes)
198. Jackson Lee (TX): Directs the Secretary of Defense to
submit a report 180 days following enactment that explains the
progress made over the history of the Department of Defense and
its predecessor departments (Department of War) and experiences
in integrating African Americans into the branches of the armed
services and the civilian staffing of Pentagon offices and
agencies, and the steps being taken to recognize the service of
African Americans who have served in the Armed Forces with
honor, heroism, and distinction. (10 minutes)
199. Jackson, Ronny (TX), Van Duyne (TX): Expresses the
Sense of Congress that Israel is a critical defense partner and
highlights various things such as improving interoperability,
opposing terrorism in the Middle East, and maintaining a strong
relationship. (10 minutes)
200. Jacobs, Chris (NY), Stefanik (NY): Requires the
Department of Defense and all service branches to commence
defense innovation open topic activities similar to the ``SBIR
Open Topics'' program operated by the Air Force's AFWERX
office. (10 minutes)
201. Jacobs, Sara (CA): Requires a report from the
Secretary of State on a conflict assessment in Haiti. (10
minutes)
202. Jacobs, Sara (CA), Malinowski (NJ): Requires human
rights vetting of potential recipients of U.S. support to
combat terrorism under 10 U.S.C. 127e. (10 minutes)
203. Jacobs, Sara (CA): Requires a strategy to address the
root causes of violent extremism and conflict in Mozambique.
(10 minutes)
204. Jacobs, Sara (CA): Requires congressional
notifications and an annual reporting requirement related to
oversight of the peacekeeping operations account. (10 minutes)
205. Jayapal (WA): Directs federal agencies to initiate
debarment proceedings for contractors with repeat and willful
wage theft violations. (10 minutes)
206. Jayapal (WA): Requires GAO to submit a report on cost
analyses of options for reducing nuclear security programs and
modifying force structures. (10 minutes)
207. Jayapal (WA), Johnson, Hank (GA): Commissions a
Defense Department report on estimated savings to come from
full drawdown from Afghanistan, Iraq, Syria compared to the
status quo ante and the estimated cost of redirecting U.S.
personnel and materials to effectively engage in great power
competition with Russia and China, including increased outlays
in ships, aircraft, nuclear weapons, etc. sufficient to
effectively curb and deter both countries militarily in their
respective regions. (10 minutes)
208. Jones, Mondaire (NY): Requires the Secretary of
Defense to submit to Congress by September 30, 2022 a plan to
reduce the greenhouse gas emissions of the Department of
Defense in line with science-based emissions targets and report
to Congress annually thereafter on the progress made towards
these emissions reduction targets. (10 minutes)
209. Joyce, David (OH), Van Duyne (TX): Directs the
Secretary of Defense, along with the Secretary of State and
Secretary of Homeland Security, to report to Congress within
one year a plan to combat the Taliban's illegal drug trade; a
description of the risk to the United States of drugs emanating
from such drug trade, including risks posed by the profits of
such drugs; and a description of any actions taken to interdict
and prevent such drugs from reaching the United States. (10
minutes)
210. Joyce, John (PA), Langevin (RI): Directs the Secretary
of Defense, in coordination with the Secretary of Agriculture,
Secretary of Health and Human Services, and the Secretary of
Homeland Security, to develop an annex (to the National
Biodefense Strategy described under Section 104 of title 6,
United States Code) for a national biodefense science and
technology strategy and implementation plan, no later than 180
days after the date of enactment of this bill. (10 minutes)
211. Katko (NY), Delgado (NY): Establishes a grant at HHS
for the formation of Tick Identification Pilot Programs, which
will require the ability to submit photo images of ticks and
the images to be reviewed by qualified professionals for the
likelihood of carrying a tick-borne disease. (10 minutes)
212. Katko (NY), Kuster (NH): Revises HUD's Annual Fair
Housing Report to specifically report sexual harassment
complaints. Codifies the DOJ's Sexual Harassment in Housing
Initiative. (10 minutes)
213. Katko (NY), Crow (CO), Fitzpatrick (PA), Gottheimer
(NJ): Provides for the Department of Labor to conduct a study
on obstacles to employment facing certain Afghan SIVs and other
eligible populations legally present in the United States. (10
minutes)
214. Keating (MA), Frankel (FL): Requires a pilot program
to assess the barriers to women's participation in the national
security forces of six participating partner countries. (10
minutes)
215. Keller (PA): Directs the Secretary of Defense to
acquire domestically sourced alternatives to existing defense
products, which currently rely on foreign sources alone. These
are designed to streamline the design, development, and
production of high efficiency power conversion technology and
advanced AC DC power converters that improve performance for
the dismounted soldier. (10 minutes)
216. Keller (PA): Directs the Secretary to report on
efforts within the Department of Defense to reduce duplicative
information technology contracts within 180 days. (10 minutes)
217. Kelly, Robin (IL), Gonzales, Tony (TX): Establishes a
pilot program requiring a spouse specific Transition Assistance
Program for a spouse of a member of the Armed Forces eligible
for the Transition Assistance Program. (10 minutes)
218. Kelly, Robin (IL), Gonzalez, Anthony (OH): Requires
the DoD provide a briefing to the civilian agencies responsible
for certain aspects of U.S. civilian and commercial space
activities and relevant Committees in Congress on the threats
posed by nation states, in particular China's activities in
space on U.S. civilian and commercial space systems. (10
minutes)
219. Kelly, Trent (MS), Van Duyne (TX): Revises the FY 2021
National Defense Authorization Act to explicitly include SME
and semiconductor materials. (10 minutes)
220. Kelly, Trent (MS), Gallego (AZ), Hudson (NC), Lesko
(AZ): Directs the Secretary of Defense to execute an
investigation to determine if the procurement of optical
transmission equipment or services manufactures, produced, or
distributed by an entity owned, controlled, or supported by the
People's Republic of China. (10 minutes)
221. Kelly, Trent (MS), Ryan (OH), Bacon (NE), Stefanik
(NY), Cheney (WY), Jacobs, Sara (CA), Langevin (RI): Expands
eligibility of Military Space Available Travel to Gold Star
Family Members by updating Section 2641b(c) of Title 10, United
States Code. (10 minutes)
222. Kelly, Trent (MS), Posey (FL): Revises the FY 2021
National Defense Authorization Act Semiconductor Incentives
Program to include SME and semiconductor materials. (10
minutes)
223. Kelly, Trent (MS): Directs the Secretary of Defense to
provide a report to Congress on the use of funding made
available pursuant to section 333 of title 10, United Sates
Code, for counter-narcotics missions in Central Asia. (10
minutes)
224. Khanna (CA): Authorizes continued support for ex
gratia payments and requires DoD to develop and implement
procedures to receive and respond to allegations of civilian
harm within 180 days, and provide quarterly reports on DoD's
implementation of these procedures. (10 minutes)
225. Kilmer (WA), Wittman (VA), Kahele (HI), Luria (VA),
Pingree (ME), Case (HI), Kuster (NH): Provides for Fair Labor
Standard Act (FLSA) protected overtime pay for Navy employees
working on Naval vessels Outside the Continental United States
(OCONUS). (10 minutes)
226. Kilmer (WA), Wittman (VA), Kahele (HI), Luria (VA),
Pingree (ME), Case (HI), Kuster (NH): Calls for an independent
study on the impacts to Navy shipyard workers by the December
2016 pause to the Accelerated Promotion Program (APP). (10
minutes)
227. Kinzinger (IL), Axne (IA), Turner (OH), McMorris
Rodgers (WA), Bost (IL): Limits the availability of funds for
retirement of RC-26B manned ISR/IAA aircraft. (10 minutes)
228. Kirkpatrick (AZ), Gallego (AZ): Directs the Secretary
of the Air Force to submit to Congress within 45 days a report
on the status of the A-10 re-winging program and spend plan for
appropriated funds. (10 minutes)
229. Krishnamoorthi (IL), Jayapal (WA), Pocan (WI),
Malinowski (NJ), Auchincloss (MA), Khanna (CA), Lee, Barbara
(CA), Wild (PA), Jacobs, Sara (CA): Authorizing HHS to receive
donated vaccines. (10 minutes)
230. Lamb (PA), Waltz (FL): Directs the Secretary of
Veterans Affairs to establish a two-year pilot program to
employ veterans for Departments of the Interior and Agriculture
conservation and resource management projects. (10 minutes)
231. Lamb (PA), Gonzalez-Colon, Jenniffer (PR): Ensures
veterans' service-connected medical qualifications and
expertise are utilized by the VA and civilian healthcare
facilities to meet the challenges during public health
emergencies. (10 minutes)
232. Lamborn (CO), DesJarlais (TN), Cheney (WY): Requires a
report from the Missile Defense Agency on the role of the
positions of Director of MDA, Sea-based Weapons Systems, and
Deputy Director of MDA with respect to their relationship to
the combatant commands on missile defense requirements. (10
minutes)
233. Lamborn (CO): Requires the Secretary of Defense to
submit a report on mitigating space debris through the use of
on-orbit servicing, assembly, and manufacturing capabilities.
(10 minutes)
234. Langevin (RI), Gallagher (WI): Requires the Department
of Homeland Security to designate four Critical Technology
Security Centers to evaluate and test the security of
technologies essential to national critical functions. (10
minutes)
235. Langevin (RI), Stefanik (NY), Banks (IN): Elevates
Undersecretary of Defense for Research and Engineering from
advisor to a voting member of the Joint Requirements Oversight
Council. (10 minutes)
236. Langevin (RI): Directs DOD to conduct a study on the
best way to organize cyber roles around core functions. (10
minutes)
237. Larsen, Rick (WA), Houlahan (PA): Extends the
authority for temporary personnel flexibilities for domestic
defense industrial base facilities and major range and test
facilities base civilian personnel. (10 minutes)
238. Lawrence (MI): States that the Secretaries of the
military departments shall share and implement best practices
(including use of civilian industry best practices) regarding
the use of retention and exit survey data to identify barriers
and lessons learned to improve the retention of female members
of the Armed Forces under the jurisdiction of such Secretaries.
(10 minutes)
239. Lawrence (MI): Requires the establishment of a DOULA
pilot program at the Department of Veterans Affairs. (10
minutes)
240. Lee, Susie (NV), Gonzales, Tony (TX): Requires GAO to
conduct an assessment of the quality and nutrition of food
available at military installations for members of the Armed
Forces. (10 minutes)
241. Leger Fernandez (NM): Provides an apology to
individuals and their families in NM, UT, ID, and other states
who were exposed to radiation from nuclear testing. (10
minutes)
242. Lesko (AZ), Hinson (IA): Requires a report on the
feasibility of establishing an inter-agency United States-
Taiwan working group for coordinating cooperation related to
semiconductors, including the global supply chain integrity and
security of semiconductors. (10 minutes)
243. Levin, Mike (CA), Porter (CA): Expands SCRA
protections to a servicemember who receives military orders for
a PCS, enters into a telecommunications contract, then receives
a stop movement order from DoD in response to a local,
national, or global emergency for a period of not less than 30
days which prevents them from using the contract. (10 minutes)
244. Levin, Mike (CA): Adds and makes technical changes to
DoD Transition Assistance Program (TAP) counseling pathway
factors. (10 minutes)
245. Lieu (CA), Wilson, Joe (SC), Castro (TX), Meeks (NY),
Strickland (WA): Establishes an Office of City and State
Diplomacy at the State Department and requires the appointment
of a senior official to head the office, outlines the duties of
the office, authorizes members of the civil service and Foreign
Service to be detailed to city halls and state capitols to
support their international engagement efforts, and requires a
report to Congress followed by annual briefings on the work of
the office. (10 minutes)
246. Lieu (CA): Directs the Secretary of Defense to
establish a pilot program to determine the effectiveness of
using scent detection working dogs to detect the early stages
of diseases, including COVID-19, and upon detection, to alert
the handler of the dog. (10 minutes)
247. Lieu (CA): Extends an existing prohibition on in-
flight refueling to non-United States aircraft that engage in
hostilities in the ongoing civil war in Yemen for two years, or
until a specific authorization has been enacted. (10 minutes)
248. Lofgren (CA), Schiff (CA), Perlmutter (CO): Directs
the Secretary of Defense, in consultation with the Director of
National Intelligence, to submit a report on the capabilities
of the Department of Defense to assist fighting wildfires
through the use and analysis of satellite and other aerial
survey technology. (10 minutes)
249. Luria (VA), Meijer (MI), Sherrill (NJ), Gottheimer
(NJ), Rice, Kathleen (NY), Wilson, Joe (SC), Katko (NY), Van
Drew (NJ): Expresses a sense of Congress that the Government of
Iran's decision to enrich uranium up to 60 percent purity is a
further escalation and shortens the breakout time to produce
enough highly enriched uranium to develop a nuclear weapon, and
the Government of Iran should immediately abandon any pursuit
of a nuclear weapon. (10 minutes)
250. Luria (VA), Chabot (OH): Directs the Secretary of
Defense to carry out a study of the challenges posed by the
emergence of militia fleets in the South China Sea. (10
minutes)
251. Luria (VA): Directs the Secretary of Defense to amend
the Space Available Travel program for flights for members of
the Armed Services traveling for purposes of attending funerals
and memorial services. (10 minutes)
252. Lynch (MA): Reauthorizes the independent and
bipartisan Wartime Contracting Commission to conduct oversight
of U.S. contracting and reconstruction efforts in Afghanistan,
Iraq, and other areas of contingency operations. (10 minutes)
253. Lynch (MA): Expands the mandate of the supervisory
team created by the ``Combating Illicit Finance Through Public-
Private Partnerships Act'' that is convened by Treasury to
examine strategies to improve public-private partnerships to
counter illicit finance, to include sanctions evasion and other
illicit finance activities. Establishes within the Office of
Foreign Assets Control (OFAC) a voluntary public-private
information sharing partnership among law enforcement agencies,
national security agencies, financial institutions, and OFAC to
more effectively administer and enforce economic and trade
sanctions against targeted persons. (10 minutes)
254. Lynch (MA), Taylor (TX): Directs the President to
reestablish the interagency Afghan Threat Finance Cell to
identify and disrupt financial networks related to terrorism,
narcotics trafficking, and corruption. (10 minutes)
255. Mace (SC): Expresses the sense of Congress that there
should be designated a Military Heart Health Awareness Day. (10
minutes)
256. Mace (SC): Establishes a pilot program to improve
military readiness through nutrition and wellness initiatives.
(10 minutes)
257. Malinowski (NJ), Schiff (CA), DeFazio (OR), Cicilline
(RI), Cohen (TN), Castro (TX), Khanna (CA), Titus (NV), Norton
(DC), Luria (VA), Allred (TX), Kim (NJ), Doggett (TX), Raskin
(MD): Imposes sanctions on foreign persons listed in the report
of the Director of National Intelligence for the murder of
journalist Jamal Khashoggi, which is the language from H.R.
1464 that was passed by voice vote in the Foreign Affairs
Committee during the 117th Congress. (10 minutes)
258. Malinowski (NJ): Amends the Export Control Reform Act
to right-size the Secretary of Commerce's scope of authority to
regulate exports by US persons to foreign military, security,
and intelligence agencies. (10 minutes)
259. Malinowski (NJ), Wagner (MO), Spanberger (VA):
Requires the Secretary of State to provide a report on state-
sanctioned intimidation and harassment by the Egyptian
government against Americans and their families (10 minutes)
260. Malinowski (NJ), Beyer (VA), Lieu (CA), Levin, Andy
(MI), Wild (PA), Omar (MN), Khanna (CA), Lynch (MA): Requires a
report by the State Department on allegations of systematic
extrajudicial killings and torture by Egyptian security forces
and a determination of whether such acts constitute a
consistent pattern of gross violations of internationally
recognized human rights. (10 minutes)
261. Malinowski (NJ), Phillips (MN), Jacobs, Sara (CA), Kim
(NJ), Pressley (MA): Requests the administration make a
determination on whether genocide or crimes against humanity
have occurred in the Tigray region of Ethiopia. (10 minutes)
262. Malinowski (NJ), Lieu (CA): Requires the Department of
State to report on war crimes and torture committed by US
citizens in Libya. (10 minutes)
263. Malinowski (NJ), Lieu (CA): Requires the President to
review certain alleged arms embargo violators for sanction
under Executive Order 13726 (81 Fed. Reg. 23559; relating to
blocking property and suspending entry into the United States
of persons contributing to the situation in Libya). (10
minutes)
264. Malinowski (NJ), Meijer (MI), Eshoo (CA), Mace (SC),
Lieu (CA), DelBene (WA): Prohibits federal agencies from
encouraging the weakening of encryption or insertion of
backdoors on commercially-available phones, computers, and
devices. (10 minutes)
265. Malinowski (NJ): Strengthens the annual reporting
requirement on the Vulnerabilities Equities Process
(interagency process to determine whether to disclose known
cyber-vulnerabilities to the public and industry). (10 minutes)
266. Malinowski (NJ), Phillips (MN), Porter (CA), Khanna
(CA), Lieu (CA): Requires an annual report to Congress by the
State Department on foreign companies proliferating dangerous
cyber-weapons and hack-for-hire capabilities to known human
rights abusers and repressive governments. (10 minutes)
267. Malinowski (NJ), Curtis (UT), Fitzpatrick (PA), Kaptur
(OH), Salazar (FL), Phillips (MN), Spanberger (VA), Meijer
(MI), Hill, French (AR): Requires the President to submit to
the appropriate congressional committees a determination of the
35 Russian officials and businessmen with respect to the
imposition of sanctions. (10 minutes)
268. Malliotakis (NY), Chabot (OH): Requires a report to
Congress of all malign operations by Iran conducted on Unites
States soil. Including: Iran-backed terrorist attacks,
kidnapping, export violations, sanctions busting activities,
cyber-attacks, and money laundering. (10 minutes)
269. Manning (NC): Adds the Bab el-Mandeb Strait to the
assessment of the security of global maritime chokepoints. (10
minutes)
270. Manning (NC): Adds a requirement that the Secretary of
Defense notify Congress of any attempt to threaten or abduct a
citizen or U.S. resident by a country supporting international
terrorism. (10 minutes)
271. Manning (NC): Adds a Sense of Congress on the safety
of women and girls in Afghanistan. (10 minutes)
272. Manning (NC): Includes a consideration of the benefits
in terms of cost and emissions savings of the increased use of
electric vehicles at military installations for transport to
Department of Defense education activity facilities. (10
minutes)
273. Manning (NC), Porter (CA): Requires the Secretary of
Defense within 60 days to consult with the Secretary of State
and appoint an official to assist with the State Department on
the continued evacuations of Americans and Afghan partners from
Afghanistan. (10 minutes)
274. McCarthy (CA): Requires an infrastructure assessment
and report to the committees of jurisdiction on the Air Force
Research Laboratory, Aerospace Systems Directorate, Rocket
Propulsion Division for fiscal years 2023 and 2025. (10
minutes)
275. McCaul (TX), Meeks (NY), Van Duyne (TX): Provides
statutory authority and guidance for the interagency ``Trans-
Sahara Counterterrorism Partnership Program'' to partner with
countries in the Sahel and Maghreb regions of Africa to counter
terrorism and violent extremism. Requires pre-notification to
Congress of funding obligation, submission of comprehensive
five-year plans, and regular monitoring and evaluation reports.
This amendment is based on a bill that was passed by the House
as H.R. 567 in the 117th Congress. (10 minutes)
276. McCaul (TX), Meeks (NY), Van Duyne (TX), Chabot (OH):
Makes factual findings and declares that the ongoing abuses
against Uyghurs and other ethnic and religious minorities in
the Xinjiang region of the People's Republic of China
constitute genocide and crimes against humanity by the Chinese
Communist Party. Condemns this genocide and calls upon the
President to take actions to help end the genocide and hold
perpetrators accountable. This amendment is based on a bill
that was ordered favorably reported by the Foreign Affairs
Committee as H. Res. 317 in the 117th Congress. (10 minutes)
277. McCaul (TX), Meeks (NY), Van Duyne (TX): Requires the
State Department to provide briefings and specified materials
to U.S. delegations to international athletic competitions
regarding human rights and security concerns in certain host
countries (Communist countries, Tier 3 countries for human
trafficking, or other countries that the Secretary of State
determines present serious human rights or counterintelligence
concerns). This amendment is based on a bill that was ordered
favorably reported by the Foreign Affairs Committee as H.R.
1211 in the 117th Congress. (10 minutes)
278. McGovern (MA), Malinowski (NJ), Raskin (MD), Cicilline
(RI), Eshoo (CA), Connolly (VA), Welch (VT), Jackson Lee (TX),
Lieu (CA), Titus (NV), Torres, Norma (CA), Beyer (VA): Modifies
the Global Magnitsky Human Rights Accountability Act (Subtitle
F of title XXI of PL 114-328) to authorize sanctions for
serious human rights abuse, any violation of internationally
recognized human rights, or corruption; adds two new reports to
Congress; and repeals the sunset. (10 minutes)
279. McHenry (NC), Lynch (MA), Budd (NC), Davidson (OH),
Thompson, Glenn (PA): Directs SEC and CFTC to establish a
working group on digital assets. (10 minutes)
280. McKinley (WV): Instructs the Department of Defense to
prioritize domestically owned, U.S. produced sources of
synthetic graphite prior to purchasing from other U.S. sources,
members of the Industrial Base, or other allies. (10 minutes)
281. McKinley (WV), Walberg (MI): Expresses the sense of
Congress that having access to a secure and reliable supply of
firm, baseload power produced in the United States, including
power generated from coal, natural gas, oil, and nuclear
sources, is critical to United States national security
interests. (10 minutes)
282. McNerney (CA): Incorporates safety and security into
required elements of the strategy for autonomy integration in
major weapons systems. (10 minutes)
283. McNerney (CA): Adds language to include ``designated
fields of national and economic importance such as
cybersecurity, artificial intelligence, machine learning, data
science, and software engineering'' as part of the U.S. Naval
Community College's programs of academic instruction and
professional and technical education. (10 minutes)
284. Meeks (NY), Deutch (FL): Requires a report and
clarification on U.S.-Syria political strategy and policy
goals, including diplomatic, development/humanitarian, and
security objectives. (10 minutes)
285. Meeks (NY), McCaul (TX): Compels the Department of
State and Department of Defense to develop and submit an
interagency strategy on Somalia and report its findings related
to security operations, security sector assistance, and other
forms of foreign assistance provided to the Federal Government
of Somalia to improve stability, governance, and economic
development. (10 minutes)
286. Meeks (NY), McCaul (TX): Modifies the management and
operations of the Department of State through various measures.
(10 minutes)
287. Meeks (NY), McCaul (TX): Requires congressional
notification for certain rewards provided under the State
Department rewards program. (10 minutes)
288. Meeks (NY): Prohibits the use of US assessed
contribution the UN for support of the G5 Sahel Joint Force.
(10 minutes)
289. Meng (NY), Fortenberry (NE): Adds the text of the
Global Pandemic Prevention and Biosecurity Act, legislation
that seeks to address the source of highly infectious diseases
beginning in animal species, including by reducing the sale and
trade of live and fresh wildlife for human consumption, and
addressing food insecurity associated with a reliance on local
game and wildlife. (10 minutes)
290. Meng (NY): Requires that menstrual products are
stocked in and made available free of charge in all restrooms
in public buildings, including the Smithsonian Institution, the
National Gallery of Art, and the U.S. Capitol. (10 minutes)
291. Meng (NY): Requires that all medical professionals who
provide direct care services to patients under the military
health system receive a mandatory training on how to screen,
intervene, and refer patients to treatment for eating
disorders. (10 minutes)
292. Meng (NY): Requires the Department of Veterans Affairs
to conduct an awareness campaign regarding the types of
fertility treatments, procedures, and services available to
veterans experiencing issues with fertility, and requires the
Department to submit a report to Congress on how the Secretary
plans to better engage women veterans to ensure they are aware
of the covered fertility services available. (10 minutes)
293. Miller (WV), Posey (FL), Van Duyne (TX): Requires the
Secretary of Defense to provide Congress with a briefing on
status of women and girls in Afghanistan. (10 minutes)
294. Miller (WV), Kelly, Trent (MS), Axne (IA), Wittman
(VA), Webster (FL), Mast (FL), Garcia, Mike (CA), Gibbs (OH),
Garbarino (NY), Kim, Young (CA), Balderson (OH), Van Drew (NJ),
Curtis (UT), Upton (MI), Hudson (NC), Fallon (TX), Budd (NC),
McMorris Rodgers (WA), Kustoff (TN): Directs the Secretary of
Defense to establish a memorial dedicated to the 13 service
members who lost their lives in the attack on the Hamid Karzai
International Airport on August 26, 2021. (10 minutes)
295. Miller (WV), Posey (FL), Boebert, Lauren (CO), Van
Duyne (TX): Blocks any funding for military cooperation or
intelligence sharing with the Taliban. (10 minutes)
296. Miller (WV), Van Duyne (TX): Adds money and classified
materials to the report of equipment and arms left behind in
Afghanistan by the U.S. Military. (10 minutes)
297. Miller-Meeks (IA), Westerman (AR), Grijalva (AZ),
Gallego (AZ): Provides free annual America the Beautiful Passes
to current military service members and also provides free
lifetime America the Beautiful Passes to veterans and members
of Gold Star Families so they can always access our National
Parks and public lands at no cost. (10 minutes)
298. Moore (WI): Authorizes the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, to provide
assistance to states that have created dedicated green alerts
or are considering creating such alerts to help locate missing
active duty servicemembers or veterans, including to connect
located individuals to any VA or DOD benefits they have earned
through their military service. (10 minutes)
299. Moulton (MA): Promotes mapping of mission-relevant
terrain in cyberspace for Defense Critical Assets and Task
Critical Assets. (10 minutes)
300. Moulton (MA): Amends the Defense Resource Budgeting &
Allocation Commission to include a diversity and inclusion
statement for the commission membership. (10 minutes)
301. Napolitano (CA), McKinley (WV), Carbajal (CA):
Increases funding for the National Guard Youth Challenge
Program by $35,281,000 million, matching the program's 2022
funding of $210 million in the Department of Defense
Appropriations Bill, 2022. (10 minutes)
302. Napolitano (CA), McKinley (WV), Carbajal (CA):
Supports the National Guard Youth Challenge Programs (NGYCP) by
instructing the Department of Defense to issue non-state
matched funding in limited circumstances of up to 10 percent of
the funds appropriated for the NGYCP for fiscal year 2022. This
would provide support for new program start-up costs, special
projects, workforce development programs, and emergency
unforeseen costs, all at the Secretary's discretions. (10
minutes)
303. Neguse (CO): Expands travel and transportation
allowances for family members to attend the funeral and
memorial services of members. (10 minutes)
304. Neguse (CO): Expresses the Sense of the Congress that
the US government should commit to the safe passage of
humanitarian parolees, P-1 and P-2 visa recipients to the
United States. (10 minutes)
305. Neguse (CO): Allows state and local governments to
utilize Office of Local Defense Community Cooperation (OLDCC)
funds for maintaining and improving military installation
resilience, and expands the definition of military installation
to include State-owned military facilities. (10 minutes)
306. Neguse (CO): Expands the annual report submitted by
the Department of Defense on vulnerabilities of the National
Technology and Industrial Base to include the current and
projected impacts of climate change and cyberattacks. (10
minutes)
307. Neguse (CO), Castor (FL): Expresses the Sense of
Congress that the Department of Defense should take the most
recent IPCC report into consideration for decisions about
military bases and installations, and should consider adding
the recommendations of the report into the Unified Facilities
Criteria. (10 minutes)
308. Neguse (CO), Castor (FL): Requires the Department of
Defense to amend the Unified Facilities Criteria (UFC) for
military construction and planning to incorporate the latest
consensus-based codes and standards for energy efficiency by
September 1, 2022, and requires an annual report to Congress
comparing the current UFC with the latest codes and standards.
(10 minutes)
309. Neguse (CO), Porter (CA), Brownley (CA): Establishes a
housing stipend for federal wildland firefighters, many of whom
are veterans, hired at a location more than 50 miles from their
primary residence with the allowance being determined by the
Secretaries of the Interior and Agriculture and be based on the
cost of living in the area of deployment. (10 minutes)
310. Neguse (CO), Porter (CA), Brownley (CA): Establishes a
mental health program for federal wildland firefighters, many
of whom are veterans, including a mental health awareness
campaign, peer-to-peer support network, expansion of the
Critical Incident Stress Management Program, mental health
leave, and ensuring trauma-informed mental health professionals
are readily available to provide services. (10 minutes)
311. Neguse (CO): Encourages the Department of Defense to
contract with women-owned, minority-owned and small
disadvantaged businesses in qualified military construction
apprenticeship programs. (10 minutes)
312. Newman (IL): Directs the Department of Defense to
conduct a study on herbicide agent exposure, such as Agent
Orange and Agent Purple in the Panama Canal Zone between
January 1, 1958-December 31, 1999, or the day in which a member
of armed services departed from official duty in the Panama
Canal Zone. (10 minutes)
313. Newman (IL): Requires the involvement of accredited
service officers from military and veteran service
organizations in the Transition Assistance Program. (10
minutes)
314. Newman (IL), Meuser (PA): Amends the Small Business
Act to clarify that the HUBZone Price Evaluation Preference
applies to certain contracts. (10 minutes)
315. Norman (SC), Boebert, Lauren (CO): Directs the
Department of Defense to submit a report to Congress showing
they are in compliance with disclosure requirements for
recipients of research and development funds as required by
federal law. (10 minutes)
316. Norman (SC): Requests a report from the armed services
on substance abuse by servicemembers and their dependents with
180 days of enactment. (10 minutes)
317. Norton (DC), Beyer (VA): Corrects a longstanding
drafting error and clarify that D.C. National Guard members who
are federal civilian employees are entitled to leave without
loss in pay or time from their civilian employment during their
mobilization. The change would apply prospectively. (10
minutes)
318. Ocasio-Cortez (NY), Connolly (VA), Welch (VT), Tlaib
(MI): Prohibits funds from being used to provide weapons or
military aid or military training to Saudi Arabia's Rapid
Intervention Force (RIF), the unit responsible for the murder
of U.S. journalist Jamal Khoshoggi. (10 minutes)
319. Ocasio-Cortez (NY), Tlaib (MI): Prohibits funds from
being used to conduct aerial fumigation in Colombia unless
certain actions are taken by the Colombian Government. (10
minutes)
320. Ocasio-Cortez (NY), Porter (CA): Requires the
Secretary of Defense, in coordination with the Secretary of
State, to submit to Congress a report on human rights in
Colombia, including an assessment of the capabilities of the
military and paramilitary forces of Colombia; a description of
the human rights climate in Colombia; an assessment of the
Colombian military and paramilitary forces' adherence to human
rights; and more. (10 minutes)
321. Ocasio-Cortez (NY), Tlaib (MI): Requires the Secretary
of State to make a yearly determination as to whether
Colombia's Mobile Anti-Disturbances Squadron committed gross
violations of human rights, and prohibits funds and export
licenses for certain items to that Squadron upon a positive
determination. (10 minutes)
322. Omar (MN), Jacobs, Sara (CA): Requires reporting on
recent security assistance programs to Mali, Guinea, and Chad.
(10 minutes)
323. Omar (MN): Requires annual reporting to the Foreign
Affairs and Armed Services Committees on U.S. strategy in the
Democratic Republic of the Congo. (10 minutes)
324. Omar (MN): Requires State and USAID to report on human
trafficking and slavery in Libya, and develop a strategy for
addressing root causes and holding perpetrators accountable.
(10 minutes)
325. Pallone (NJ), Meng (NY), Tlaib (MI), Bilirakis (FL),
Schiff (CA), Speier (CA), Costa (CA), Sanchez (CA), Lofgren
(CA), Eshoo (CA), Valadao (CA), Chu (CA), Spanberger (VA):
Requires a report from the Secretary of Defense, in
collaboration with the Secretary of State, addressing
allegations that some units of foreign countries that have
participated in security cooperation programs under section 333
of title 10, U.S.C. may have also committed gross violations of
internationally recognized human rights before or while
receiving U.S. security assistance. This report would also
includes recommendations to improve human rights training and
additional measures that can be adopted to prevent these types
of violations. (10 minutes)
326. Panetta (CA): Authorizes the Director of the Office of
Personnel Management to conduct an annual survey of Federal
employees to assess Executive agency performance, leadership,
employee satisfaction, and organizational resilience. (10
minutes)
327. Panetta (CA): Requires the Director of the Strategic
Capabilities Office, in coordination with the Secretary of
Energy, provide a report and briefing on Project Pele mobile
nuclear microreactors. (10 minutes)
328. Pence (IN): Extends by 2 years the sunset date for
Sec. 1651 of the FY2019 NDAA (Public Law 115-232; 32 U.S.C. 501
note) Pilot Program on Regional Cybersecurity Training Center
for the Army National Guard. (10 minutes)
329. Perry (PA), Chabot (OH): Makes it the policy of the
United States to reject any attempt by the People's Republic of
China to mandate that US vessels provide them with information
about US vessels (ship name, call sign, location, type of
cargo) in areas that China illegally includes as part of its
maritime claims. (10 minutes)
330. Pfluger (TX): Requires DNI, DHS, and DOD to conduct a
threat assessment of terrorist threats to the United States
posed by the prisoners released by the Taliban from the Pul-e-
Charkhi Prison and Parwan Detention Facility in Afghanistan.
(10 minutes)
331. Pfluger (TX), Bacon (NE): Requires DOD and State to
complete a report on ANDSF aircraft left in Uzbekistan,
Tajikistan, or other foreign countries. (10 minutes)
332. Phillips (MN): Requires the Secretary of the Army to
identify and establish a plan to clean up contaminated sites
where the Department has previously participated in cleanup
efforts, but due to contaminants not discovered until after
transfer or newly identified contaminants, additional clean-up
may be required. The report requires a detailed plan to conduct
preliminary assessments/site inspections of these locations
within five years. (10 minutes)
333. Phillips (MN), Gonzalez, Anthony (OH): Requires a
Secretary of Defense report on how the US is working with other
countries in CENTCOM area of responsibility to improve Israel's
coordination with other regional militaries and also requires
the Secretary of State and USAID Administrator provide an
analysis of the strategic initiatives taken to integrate the
Abraham Accords into congressionally authorized and
appropriated programs. (10 minutes)
334. Phillips (MN): Requires the Secretary of State to
deliver an annual report on U.S. policy towards South Sudan,
including the most recent approved interagency strategy
developed to address political, security, and humanitarian
issues prevalent in the country since it gained independence
from Sudan in July 2011. (10 minutes)
335. Phillips (MN): Requires the US Coordinator for the
Arctic Region to assess, develop, and budget for plans,
policies, and actions related to strengthening US diplomatic
presence with Arctic countries, enhancing resilience capacities
of Arctic countries, and assessing risks regarding
environmental change and increased civilian and military
activities by Arctic countries. (10 minutes)
336. Phillips (MN), Omar (MN), Craig (MN), Stauber (MN),
Emmer (MN), Hagedorn (MN), Fischbach (MN): Requires the
Secretary of the Air Force report on its justification for the
C-130 total aircraft inventory reduction, considering such
recommendation is inconsistent with the 2018 and 2020 mobility
capabilities requirements studies. (10 minutes)
337. Phillips (MN), Van Duyne (TX): Requires DOD to submit
a report on the effects of the Cybersecurity Maturity Model
Certification on small businesses. (10 minutes)
338. Phillips (MN): Requires the Secretary of Defense, in
consultation with the Secretary of State and USAID
Administrator, to report on countries for which the Department
has a presence and are suitable for stabilization operations
support provided under Section 1210A of FY20 NDAA to inform
ongoing interagency discussions on stabilization efforts. (10
minutes)
339. Phillips (MN), Malinowski (NJ), Schakowsky (IL):
Expands the recusal time frame from one to two years for DoD
officers and employees when the financial interests of any
organization they were involved in (including employee,
officer, director, trustee, or general partner) as well as any
former direct competitor or client organization are being
considered. (10 minutes)
340. Porter (CA), Radewagen (AS), Sablan (MP): Directs the
Secretary of Defense, in coordination with the Secretary of
Energy, to conduct a declassification review of documents
related to U.S. weapons testing in the Marshall Islands during
the Cold War. (10 minutes)
341. Porter (CA), Gonzalez, Anthony (OH): Requires the
Secretary of Defense to brief and deliver to Congress a report
regarding Government Accountability Office recommendations to
Combat Trafficking in Persons by Department of Defense
contractors. (10 minutes)
342. Porter (CA), Lieu (CA), Malinowski (NJ): Extends the
sunset date and makes modifications to the reporting
requirement in Sec. 1205(f) of the FY15 NDAA (Pub. L. No. 113-
291, Sec. 1205(f)). (10 minutes)
343. Porter (CA), Moore, Blake (UT), Neguse (CO), Carbajal
(CA), LaMalfa (CA): Directs the Secretary of Defense, in
coordination with the Secretary of the Interior, the Secretary
of Agriculture, and the Chief of the U.S. Forest Service, to
submit a report to Congress on the risks posed to Department of
Defense infrastructure and readiness posed by wildland fire.
(10 minutes)
344. Porter (CA), Speier (CA): Requires a quarterly summary
of Department of Defense reports delivered to Congress in the
previous quarter. (10 minutes)
345. Porter (CA), Lieu (CA): Requires an independent study
of lessons learned during the war in Afghanistan for security
cooperation. (10 minutes)
346. Porter (CA), Jayapal (WA), Omar (MN), Lee, Barbara
(CA): Limits funding for travel by the Secretary of Defense
pending delivery of certain congressionally mandated reports
and briefing on compliance with statutory reporting
requirements. (10 minutes)
347. Porter (CA): Requires a Department of Defense
Inspector General audit of NATO policies and processes for
sexual assault and sexual harassment involving U.S. personnel.
(10 minutes)
348. Posey (FL): Requires the Secretary of Defense to
provide priority for domestically sourced, fully traceable,
bovine heparin approved by the Food and Drug Administration
when available. (10 minutes)
349. Pressley (MA), Lee, Barbara (CA), Pocan (WI),
Espaillat (NY), Tlaib (MI), Brown (MD), Newman (IL): Expresses
the Sense of Congress that the President should make full use
of his authority under the Defense Production Act to scale
vaccine production and deployment globally, and protect
Americans from the risk of emerging viral threats. (10 minutes)
350. Quigley (IL), Upton (MI), Khanna (CA), Fitzpatrick
(PA): Establishes the foreign policy of the United States to
work with state and non-state partners to shut down certain
commercial wildlife markets, end the trade in terrestrial
wildlife for human consumption, and build international
coalitions to reduce the demand for wildlife as food, to
prevent the emergence of future zoonotic pathogens. Authorizes
USAID to undertake programs to reduce the risk of endemic and
emerging infectious disease exposure and to help transition
communities globally to safer, non-wildlife sources of protein.
(10 minutes)
351. Quigley (IL), Upton (MI), Khanna (CA), Fitzpatrick
(PA): Expands the existing US Fish and Wildlife Service law
enforcement attache program. (10 minutes)
352. Radewagen (AS), Houlahan (PA): Transfers final
decision-making power of protested HUBZone small business
status of a small business concern from the Associate
Administrator of the Office of Government Contracting &
Business Development to the SBA Office of Hearings and Appeals.
(10 minutes)
353. Reschenthaler (PA), Houlahan (PA), Van Duyne (TX):
Directs the National Academies to study the feasibility of
providing enhanced research security services to further
protect the United States research enterprise against foreign
interference, theft, and espionage. (10 minutes)
354. Reschenthaler (PA), Van Drew (NJ), Perry (PA),
Harshbarger (TN), Keller (PA), Budd (NC): States that no funds
authorized under this Act may be made available for any purpose
to EcoHealth Alliance, Inc. (10 minutes)
355. Reschenthaler (PA), Kim, Young (CA), Van Duyne (TX):
Adds countries that are major producers of fentanyl and
fentanyl-like substances to the Majors List and adds a new
section on fentanyl to the annual International Narcotics
Control Strategy Report. (10 minutes)
356. Reschenthaler (PA), Fitzpatrick (PA), Kelly, Mike
(PA), Thompson, Glenn (PA), Smucker (PA), Lamb (PA): Develops
and implements an investment and sustainment plan to ensure the
sourcing of cannon tubes for the purpose of mitigating risk to
the Army and the industrial base. (10 minutes)
357. Reschenthaler (PA), Kelly, Mike (PA), Lamb (PA), Doyle
(PA): Includes Purple Heart award recipients on the DOD
military valor website who receive the award after the
enactment of this Act. (10 minutes)
358. Reschenthaler (PA), Kelly, Mike (PA), Thompson, Glenn
(PA), Lamb (PA), Doyle (PA): Expresses a Sense of Congress that
the additive manufacturing and machine learning initiative of
the Army has the potential to accelerate the ability to deploy
additive manufacturing capabilities in expeditionary settings
and strengthen the United States defense industrial supply
chain. (10 minutes)
359. Ross (NC): Requires a report on the availability of
menstrual hygiene products on military bases and accommodations
related to menstrual hygiene available to members of the Armed
Forces. (10 minutes)
360. Ross (NC): Requires a report on potential TRICARE
coverage of preconception and prenatal carrier screening tests
for certain medical conditions. (10 minutes)
361. Ruiz (CA): Requires GAO to conduct a study on the
factors contributing to low numbers of Hispanic officers and
enlisted members in leadership positions within the DOD and
recommendations to increase Hispanic representation. (10
minutes)
362. Ruiz (CA): Requires GAO to conduct a study on the
factors contributing to low numbers of Hispanic students and in
leadership positions within the military service academies and
recommendations to increase Hispanic representation. (10
minutes)
363. Sablan (MP), Garbarino (NY), Kahele (HI), Radewagen
(AS): Adds the Northern Mariana Islands to the definition of
``state'' for the purposes of the Small Business
Administration's microloan program. (10 minutes)
364. Salazar (FL), Case (HI), Posey (FL), Cammack, Kat
(FL), Murphy, Stephanie (FL): Encourages the Navy to explore
and solicit more artificial reefing opportunities for retired
Navy ships. (10 minutes)
365. Salazar (FL), Newman (IL), Evans (PA): Raises sole
source contracting thresholds for certain small business
concerns (8(a), HUBZone, service-disabled veteran-owned, and
women-owned) from current levels to $10,000,000 for
manufacturing contracts and $8,000,000 for other types. Aligns
sole-source thresholds in Title 38 (VA) with Title 15 (Small
Business). (10 minutes)
366. San Nicolas (GU): Mandates the inclusion of Tribal and
Territory officials in the ``National Strategy for Combating
Terrorist and Other Illicit Financing'' and extends that report
for an additional five years (or three reports). Adds Tribal
and Territory officials to eligibility for the grants and
activities of the High Intensity Financial Crime Areas
(HIFCAs). (10 minutes)
367. Sanchez (CA), Connolly (VA), Titus (NV), Larsen, Rick
(WA): Requires a report from the Secretary of Defense to assess
the capacity and efforts of NATO to counter misinformation and
disinformation and offer recommendations be sent to HASC, HFAC,
and US Members to NATO PA. (10 minutes)
368. Sanchez (CA), Connolly (VA), Titus (NV), Larsen, Rick
(WA): Authorizes not more than $5,000,000 to the NATO Strategic
Communications Center of Excellence to enhance capability,
cooperation, and information sharing on strategic
communications within NATO and requires briefings on the
efforts of the Department of Defense to strengthen the role of
the Center in fostering strategic communications and
information operations within NATO. (10 minutes)
369. Sanchez (CA), Connolly (VA), Titus (NV), Larsen, Rick
(WA): Requires a briefing and a report be delivered to Members
on HASC, HFAC, and NATO PA's US delegation on how the
Department of Defense is working with the NATO Strategic
Communications Center of Excellence to improve NATO's ability
to counter and mitigate disinformation, and offer
recommendations to improve strategic communications within
NATO. (10 minutes)
370. Sanchez (CA), Connolly (VA), Titus (NV), Larsen, Rick
(WA): Expresses the sense of Congress that the US should
prioritize countering misinformation, increasing NATO's
resources, building technological resilience, and supporting
NATO and NATO PA. (10 minutes)
371. Sanchez (CA): Requests a report from the Secretary of
the Department of Veterans Affairs, in conjunction with the
Secretary of the Department of Housing and Urban Development,
to be sent within one year to Congress reporting on the
obstacles veterans experience related to receiving benefits
under Federal housing programs, including obstacles relating to
women veterans, LGBTQ+ veterans face, and multi-generational
family types, and obstacles relating to eligibility
requirements (including local Area Median Income limits,
chronicity and disability requirements, and required
documentation). (10 minutes)
372. Sanchez (CA): Requests a report from the Secretary of
the Department of Veterans Affairs in coordination with the
Secretaries of the Department of Housing and Urban Development
and the Department of Labor submitted to Congress related to
how often and what type of supportive services (such as career
transition, mental health services, and services for elderly
veterans) are being offered to and used by veterans, and
requests additional data on any correlation between a lack of
supportive services programs and the likelihood of veterans
falling into housing insecurity. Requests that the Secretary of
Veterans Affairs de-identify any medical information. (10
minutes)
373. Schakowsky (IL), Porter (CA): Implements reporting
requirements regarding private security contractor contracts to
allow increased Congressional oversight of private security
contractor DOD contracts. (10 minutes)
374. Schiff (CA), Armstrong (ND), Courtney (CT): Requires
the Secretary of Defense to order the names of the 74 sailors
who died in the USS Frank E. Evans disaster in 1969 be added to
the Vietnam Veterans Memorial Wall. (10 minutes)
375. Schiff (CA), Malinowski (NJ): Establishes measures to
protect the human rights of journalists. Expands the scope of
required reports related to violations of the human rights of
journalists, requires the President to impose certain property-
and visa-blocking sanctions on persons responsible for gross
violations of the human rights of journalists, and prohibits
certain foreign assistance to a governmental entity of a
country if an official acting under authority of the entity has
committed a gross violation of human rights against a
journalist. (10 minutes)
376. Schneider (IL), Gonzalez, Anthony (OH): Includes
parental bereavement as eligible paid leave for federal
employees (10 minutes)
377. Schneider (IL), Williams (TX): Codifies into law the
existing, successful Boots to Business program that provides
entrepreneurial training for servicemembers transitioning to
civilian life. (10 minutes)
378. Schneider (IL), Wilson, Joe (SC), Murphy, Stephanie
(FL), Manning (NC), Frankel (FL), Lieu (CA), Torres, Ritchie
(NY), Gottheimer (NJ), Salazar (FL), Steube (FL): Requires the
creation of a U.S.-Israel Operations-Technology Working Group.
(10 minutes)
379. Schrader (OR), Bourdeaux (GA): Requests a Department
of Defense report on the obligation and expenditure of funds
that were authorized to be appropriated for Overseas
Contingency Operations for Fiscal Year 2010 and Fiscal Year
2019. (10 minutes)
380. Schrader (OR): Directs the U.S. Army Veterinary
Services to conduct an updated study on the potential
introduction of foreign animal diseases and current prevention
protocol and strategies to protect the health of military
working dogs. (10 minutes)
381. Schrader (OR): Establishes a national One Health
Framework to coordinate federal activities around zoonotic
disease prevention, preparation, and response, driven by DoD,
HHS, USDA, CDC, EPA, and other related agencies and
departments. (10 minutes)
382. Schrier (WA), Miller-Meeks (IA): Directs DOD, in
coordination with the White House, FEMA, and HHS, to report on
the current status of COVID-19 rapid test procurement through
the Defense Production Act as required by the American Rescue
Plan. (10 minutes)
383. Schrier (WA): Directs GAO to report on the
effectiveness of current health screenings administered to
servicemembers separating from the military to identify the
risk of social isolation and other health concerns. (10
minutes)
384. Schrier (WA): Requires the Secretary of Defense to
implement a GAO recommendation to establish strategies for
sharing information on outreach approaches to raise awareness
of employment resources among military spouses. (10 minutes)
385. Schweikert (AZ), Houlahan (PA): Requires the Secretary
of Defense to submit a report to Congress regarding
recommendations on cyber hygiene practices. Additionally,
requires DOD to assess each DOD component's cyber hygiene and
requires a GAO assessment of that report. (10 minutes)
378. Scott, Austin (GA): Expands the ``Never Contract with
the Enemy'' program and the applicability of the statutory
authorities initially authorized under Sections 841, 842, and
843 of the National Defense Authorization Act (NDAA) for Fiscal
Year 2015 (Public Law 113-291). The changes will enable the
Department to exercise the full intent of the legislation
across all combatant commands (CCMDs), types of operations, the
spectrum of vendor threats faced, and to integrate with the
whole of Government in support of the National Defense Strategy
(NDS), the National Military Strategy (NMS), and POTUS and
SECDEF anti-corruption objectives. (10 minutes)
387. Scott, Austin (GA): Adds the services provided to Gold
Star Families to the reporting requirements of the Quadrennial
Quality of Life Review. (10 minutes)
388. Scott, Austin (GA): Raises the caps on the funds made
available by the Chairman of the Joint Chiefs of Staff to
purchase items during any fiscal year from the Combatant
Commander Initiative Fund. (10 minutes)
389. Scott, Bobby (VA), Wittman (VA), Sarbanes (MD), Brown
(MD), Mace (SC), Luria (VA): Supports the deployment of
stormwater management infrastructure on and around military
installations to enhance installation resilience and conserve
stormwater-stressed ecosystems. Applies only to future
appropriations. (10 minutes)
390. Scott, David (GA), Cleaver (MO): Requires the
Secretary of Defense to ensure that all contractors and
subcontractors for military construction (MilCon) projects have
a plan to hire, retain, and increase African American and other
nontraditional apprentice populations. (10 minutes)
391. Sherman (CA): Authorizes the Secretary of Defense,
upon request of the Government of Iraq and in consultation and
coordination with the Government of Iraq, to provide support
for vetted forces in Iraq operating in the Nineveh Plains to
successfully facilitate the return of religious minorities. (10
minutes)
392. Sherrill (NJ), Katko (NY), Newman (IL), Miller-Meeks
(IA), Kim (NJ), Garbarino (NY), Salazar (FL), Taylor (TX),
Moulton (MA), Baird (IN), Strickland (WA), Franklin (FL), Bacon
(NE), Golden (ME), Gonzales, Tony (TX), Houlahan (PA), Luria
(VA), Meijer (MI), Pfluger (TX), Kahele (HI), Wild (PA),
Horsford (NV), Schrier (WA), Norcross (NJ), Stefanik (NY),
Waltz (FL), Cheney (WY), Crow (CO): Implements a pilot program
to optimize services available for transitioning service
members, and provide valuable data for future transition
efforts. (10 minutes)
393. Slotkin (MI), Gallagher (WI), Langevin (RI): Directs
the Cybersecurity and Infrastructure Security Agency (CISA) to
build on its existing work by codifying a National Cyber
Exercise Program, in order to test U.S. response plans for
major cyber incidents. Also codifies CISA's work on model
exercises that can be readily used by state/local governments
and businesses to test the safety and security of their own
critical infrastructure. (10 minutes)
394. Slotkin (MI): Requires the Secretary of State, in
coordination with other Departments and Agencies, to develop a
strategy to safely process Afghans abroad with pending special
immigrant visa applications and refugee referrals, and regular
progress reports on the number of Afghan special immigrant
visas and referrals, and their locations. (10 minutes)
395. Smith, Adam (WA), Rogers, Mike (AL): Honors the United
States Armed Servicemembers who served in Afghanistan. (10
minutes)
396. Smith, Christopher (NJ): Requires the GAO to conduct a
study of the possible experimentation of ticks, insects, or
vector-borne agents by the DOD between 1950 and 1977 for use as
a bioweapon. (10 minutes)
397. Soto (FL): Directs the Secretary of Defense to report
to Congress within a year of implementing the plan developed in
response to GAO recommendations on tracking, response, and
training for civilian employees of the Department of Defense
regarding sexual harassment and assault. (10 minutes)
398. Soto (FL): Adds related technologies like advanced
storage capacity to the renewable or clean energy resources
that can be considered to further data center energy efficiency
and resiliency. (10 minutes)
399. Soto (FL), Schweikert (AZ): Adds ``distributed ledger
technologies'' to the definition of ``digital talent'' when
specifying the responsibilities of the digital talent
recruiting officer and the technologies they are trying to
identify future talent and closing any skills gaps. Further
encourages workforce pipeline and technical skills needed for
potential distributed ledger technology within the Department
in the future. (10 minutes)
400. Soto (FL), Schweikert (AZ): Adds ``blockchain and
cryptographic technologies'' to the list of technologies that
are included in the Department's support for industry
participation in global standards organizations. (10 minutes)
401. Soto (FL), Schweikert (AZ): Adds blockchain
technologies in the consideration of technologies to use to
assist in the technology pilot program transmission absent
uniform services and overseas votes that builds on successful
state-based initiatives for overseas servicemember voting. (10
minutes)
402. Soto (FL), Schweikert (AZ), Blunt Rochester (DE): Adds
blockchain technologies to the technologies considered to help
improve and development the Department's digital health
strategy in order to improve digital health care strategy &
data organization. (10 minutes)
403. Soto (FL): Requires military service academies and
senior reserve officer's training corps to report on their
plans to increase the number of minority cadets and midshipmen.
(10 minutes)
404. Spanberger (VA), McGovern (MA), Taylor (TX), Davis,
Rodney (IL): Recognizes the service and sacrifice of Atomic
Veterans by requiring the President to issue a proclamation
every year calling on the people of the United States to
observe Atomic Veterans Day. (10 minutes)
405. Spanberger (VA), Kim, Young (CA), Gonzalez, Anthony
(OH), Meeks (NY): Requires a report on the national security
implications of open radio access networks (Open RAN or O RAN)
technology, including descriptions of U.S. efforts to ensure we
are leading in standards development and assessments of
national security risks associated with certain dynamics in the
O RAN industry. (10 minutes)
406. Spanberger (VA), Meeks (NY), Schiff (CA), Katko (NY),
McCaul (TX), Waltz (FL), Kim (NJ), Slotkin (MI), Gonzalez,
Anthony (OH): Strengthens interagency coordination and response
to suspected attacks presenting as anomalous health incidents,
sometimes referred to as ``Havana Syndrome,'' including by
requiring the administration to designate senior officials at
the National Security Council and at relevant agencies to
manage and coordinate the response and report to Congress on
these efforts. Reiterates the severity of the incidents as well
as the importance of prioritizing a robust, whole-of-government
response to assist victims, investigate, and prevent future
incidents. (10 minutes)
407. Speier (CA), Fitzpatrick (PA), Schakowsky (IL), Porter
(CA), Phillips (MN): Requires the Secretary of Defense to
implement a GAO recommendation to update acquisition rules to
require contractors to represent that their employees comply
with DoD's post-employment lobbying restrictions. (10 minutes)
408. Speier (CA), Sarbanes (MD), Porter (CA): Extends the
``cooling-off'' period for senior executive branch officials
who leave government service from 1 year to 2 years before
former officials may lobby their previous agency. (10 minutes)
409. Speier (CA), Frankel (FL), Keating (MA), Waltz (FL):
Requires the Department of Defense to submit a report and brief
Congress on its plan to implement the Independent Review
Commission on Sexual Assault in the Military's recommendation
to standardize and better integrate gender advisors and women,
peace, and security principles across organizations within the
Defense Department. (10 minutes)
410. Speier (CA): Adds TRICARE coverage for preconception
and prenatal carrier genetic screening tests. Adds reporting
requirement for utilization of the newly covered tests. (10
minutes)
411. Speier (CA), Lawrence (MI), Frankel (FL), Crow (CO),
Price (NC), Escobar (TX), Garcia, Sylvia (TX): Removes barriers
to and improves the processing of applications and evacuation
of Afghan refugees, especially prominent Afghan women and
individuals working in support of democracy and human rights
including women's rights. (10 minutes)
412. Stauber (MN), Golden (ME): Requires the status of a
company be updated in the System for Award Management when a
final decision is made pursuant to such concern's small
business or socioeconomic (i.e. HUBZone, service-disabled
veteran-owned, women-owned, 8(a)) status. Requires such
companies notify contracting officers for which they have
pending bids on contracts in which they lost such status. (10
minutes)
413. Stauber (MN), Tiffany, Thomas (WI): Allows the
Secretary of the Navy to solicit contracts from non-homeport
shipyards for maintenance work should the shipyards meet the
Navy's requirements for ship repair work. (10 minutes)
414. Stefanik (NY), Turner (OH): Establishes a Subcommittee
on the Economic and Security Implications of Quantum
Information Science through the National Science and Technology
Council. (10 minutes)
415. Stefanik (NY), Posey (FL): Amends Sec. 1216 to clarify
requirements related to quarterly briefings on the security
environment in Afghanistan and U.S. military operations related
to the security of, and threats emanating from, Afghanistan.
(10 minutes)
416. Steil (WI): Requires the Secretary of Defense in
consultation with the Secretary of State to submit a report to
the appropriate congressional committees on the short- and
long-term threats posed by Iranian-backed militias in Iraq to
Iraq and to United States persons and interests. (10 minutes)
417. Steil (WI): Requires the Secretary of the Treasury to
submit a report to Congress on the status of United States and
United Nations sanctions imposed with respect to the Taliban.
The report will include a description of any gaps in current
sanctions authorities to block the Taliban's sources of finance
given the current situation in Afghanistan; recommendations for
ways current sanctions can be enhanced; and a list of current
waivers and licenses granted under Afghanistan sanctions, the
reasons behind them, and how such waivers and licenses affect
the Taliban's financing. (10 minutes)
418. Steil (WI), Auchincloss (MA), Hill, French (AR):
Requires the Secretary of the Treasury to regularly report to
Congress any sanctions waivers provided to allow transactions
between financial institutions and a state sponsor of terrorism
or a sanctioned person. (10 minutes)
419. Stewart (UT), Moore, Blake (UT): Requires a briefing,
not later than March 1, 2022, to the Committee on Armed
Services of the House of Representatives on current and future
plans for the replacement of aging aerospace ground equipment.
(10 minutes)
420. Takano (CA), Cicilline (RI): Ensures DOD OIG considers
sexual orientation in any future Department-wide Racial
Disparity Reviews. (10 minutes)
421. Tenney, Claudia (NY): Revises the report on Iran's
military capabilities to include all instances of the supply,
sale, or transfer of arms or related material, to or from Iran.
(10 minutes)
422. Tenney, Claudia (NY): Requires a report on the United
Nations arms embargo on Iran and its effectiveness in
constraining Iran's ability to supply, sell, or transfer arms
or related material while the arms embargo was in effect.
Requires report to include the measures that the agencies are
taking, in the absence of such a United Nations arms embargo on
Iran, to constrain Iranian arms proliferation. (10 minutes)
423. Tenney, Claudia (NY): Requires a report on all IRGC-
affiliated operatives serving in diplomatic and consular posts
outside of Iran, and the ways in which the Departments of
Defense and State are working with partner nations to inform
them of the threat posed by IRGC-affiliated operatives. (10
minutes)
424. Tenney, Claudia (NY): Establishes a China Watcher
Program within the Department of State, in coordination with
the Department of Defense, to monitor and combat the People's
Republic of China's malign influence across military, economic,
and political sectors in foreign countries, and will monitor
the PRC's military trends abroad and counters its advancements
in foreign nations that pose a threat to US interests and the
rules-based order. (10 minutes)
425. Tenney, Claudia (NY), Stefanik (NY): Establishes a
program for the Department of Air Force to develop a proof-of-
concept quantum network testbed that may be accessed by
prototype quantum computers. (10 minutes)
426. Tenney, Claudia (NY): Requires a report on the net
worth of Syrian president Bashar al-Assad. (10 minutes)
427. Thompson, Bennie (MS), Katko (NY): Adds a new title
with measures related to the Department of Homeland Security
(DHS), comprised of House-passed legislative provisions to
strengthen and improve DHS headquarters, research and
development, cybersecurity, and transportation security, among
other matters. (10 minutes)
428. Thompson, Glenn (PA), Joyce, John (PA), Reschenthaler
(PA): Requires the Secretary of the Navy to submit to Congress
a report detailing the processing of Requests for Equitable
Adjustment by the Department of the Navy, including progress in
complying with the covered directive. (10 minutes)
429. Tiffany, Thomas (WI): Enhances cooperation with
Ukraine's titanium sector as an alternative to China and Russia
for the US Defense industrial base. (10 minutes)
430. Titus (NV), Jacobs, Sara (CA): Ordering a report by
the State Department and USAID assessing the United States
assistance to Turkmenistan, including the impact on public
health outcomes related to COVID-19 in Turkmenistan. (10
minutes)
431. Titus (NV), Lofgren (CA), Kim, Young (CA), Chu (CA),
Costa (CA), Eshoo (CA): Requires a report by the Secretary of
State on the activities of the Grey Wolves organization (AKA
Bozkurtlar Ocaklari) undertaken against U.S. interests, allies,
and international partners, including a review of the criteria
met for designation as a foreign terrorist organization. (10
minutes)
432. Tlaib (MI): Adds a requirement that individuals in
charge of oversight of privatized military housing be evaluated
on their performance addressing instances and concerns about
housing discrimination. (10 minutes)
433. Tlaib (MI): Clarifies that surveys on diversity,
equity and inclusion and annual reports on sexual assaults and
racial and ethnic demographics in the military justice system
must address islamophobia. (10 minutes)
434. Tlaib (MI), Johnson, Hank (GA), Pressley (MA), Brown
(MD), Ocasio-Cortez (NY): Directs the Secretary of State to
submit a plan to Congress for vetting foreign security
assistance participants for participation in groups that have a
violent ideology. (10 minutes)
435. Torres, Norma (CA), Porter (CA): Reinstates standard
Congressional Notification procedures for the export of certain
items to foreign countries. (10 minutes)
436. Torres, Norma (CA), Wagner (MO), Salazar (FL), Sires
(NJ), Titus (NV), Himes (CT), Moore, Blake (UT), Espaillat
(NY), Soto (FL): Adds the text of the Central American Women
and Children Protection Act of 2021, which directs the State
Department to enter into bilateral multi-year agreements, known
as ``Women and Children Protection Compacts,'' with the
governments of El Salvador, Guatemala, and Honduras,
specifically to strengthen the countries' criminal justice
systems and civil protection courts, create safe communities
and protect vulnerable families, ensure the safety of children
in schools and promote early prevention and detection of
gender-based violence and domestic abuse, and increase access
to high quality health care. (10 minutes)
437. Torres, Ritchie (NY), Garbarino (NY): Directs DHS to
modernize its information and communications technology or
services (ICT(S)) acquisitions process by requiring the Under
Secretary for Management to issue Department-wide guidance to
require DHS contractors to submit software bills of materials
(SBOM) that identify the origins of each component of the
software furnished to DHS. (10 minutes)
438. Torres, Ritchie (NY): Ensures that private sector,
non-financial entities can participate in the Financial Crime
Enforcement Network Exchange, and ensures that information use
and confidentiality limitations apply to these entities. (10
minutes)
439. Torres, Ritchie (NY): Requires the Director of the
Cybersecurity and Infrastructure Security Agency to review and
assess programs administered by the Agency to improve Federal
network security. (10 minutes)
440. Trahan (MA): Requires the National Space Council to
submit a report that includes an assessment of the risks space
debris orbiting the Earth imposes on night sky luminance,
collision risk, radio interference, astronomical data loss by
satellite streaks, and other potential factors relevant to
space exploration, research, and national security. Further,
the report should consider the current and future impact low
Earth orbit satellites may impose on space exploration,
research, and national security. (10 minutes)
441. Trone (MD), McCaul (TX): Prioritizes efforts of the
Department of State to combat international trafficking in
covered synthetic drugs and new psychoactive substances. (10
minutes)
442. Turner (OH), Van Duyne (TX): Requires the President to
submit to Congress an assessment of China's compliance with
Article VI of the Nuclear Non-Proliferation Treaty. (10
minutes)
443. Turner (OH), Bacon (NE): Requires the Secretary of
Defense to certify the extent to which Afghan Security Forces'
equipment in Uzbekistan has been transferred to a foreign
nation and not been transferred to Taliban or Afghanistan and
to report on the disposition of said equipment and the
circumstances which led to such disposition. (10 minutes)
444. Turner (OH), Chabot (OH), Wenstrup (OH), Johnson, Bill
(OH), Davidson (OH), Ryan (OH), Joyce, David (OH), Gonzalez,
Anthony (OH), Latta (OH), Kaptur (OH): Authorizes the Secretary
of the Energy to release its reversionary interest in real
property and a building formerly used by the National Nuclear
Security Administration to the Community Improvement
Corporation of Clark County, a non-profit entity created by the
City of Springfield, Ohio. (10 minutes)
445. Turner (OH): Requires the Secretary of Defense to
report annually on anomalies related to the sensors used in
international monitoring system of the Comprehensive Nuclear-
Test-Ban Treaty Organization. (10 minutes)
446. Turner (OH), Connolly (VA): Amends Section 1301 for
the purpose of including ``NATO specific infrastructure'' in a
Secretary of Defense reporting requirement on the status of
U.S. military investment in Europe including the European
Deterrence Initiative. (10 minutes)
447. Turner (OH), Connolly (VA): Express a Sense of
Congress in support of the Aegis Ashore sites in Poland and
Romania and their importance to the defenses of Poland,
Romania, the United States, and NATO members. (10 minutes)
448. Turner (OH): Makes technical corrections related to
Section 1608, National Security Council Briefing on Potential
Harmful Interference to Global Positioning System. (10 minutes)
449. Valadao (CA), Sherman (CA), Wild (PA), Levin, Andy
(MI), Lofgren (CA), Kim, Young (CA), Chu (CA), Costa (CA),
Spanberger (VA), Krishnamoorthi (IL), Porter (CA), Pallone
(NJ), Schweikert (AZ), Trone (MD), Beyer (VA): Requires a
report within 180 days of all US humanitarian and developmental
assistance programs in Nagorno Karabakh, including an analysis
of the effectiveness of such programs and any plans for future
assistance. (10 minutes)
450. Van Duyne (TX), Golden (ME): Requires the Office of
the Director of National Intelligence and the Central
Intelligence Agency to jointly report to Congress on
vulnerabilities in supply chains that are critical to U.S.
national security, economic security, or public health. The
report shall also contain recommendations for addressing those
vulnerabilities. (10 minutes)
451. Vargas (CA): Expands certain authorities under the
Defense Production Act of 1950 and directs the President and
federal agencies to take specific actions to support the
production of critical medical supplies during the COVID-19
(i.e., coronavirus disease 2019) emergency, including with
respect to private-sector coordination, needs assessments, and
overall strategies. (10 minutes)
452. Velazquez (NY), Donalds (FL): Exempts certain
thresholds from periodic adjustments for inflation. (10
minutes)
453. Velazquez (NY), Kim, Young (CA): Requires the
collection of demographic information provided voluntarily by
the inventor on each patent application submitted to the USPTO.
(10 minutes)
454. Wagner (MO), Castro (TX), Moore, Blake (UT), Steel,
Michelle (CA): Requires the Secretary of State to develop a
strategy for engagement with Southeast Asia and the Association
of Southeast Asian Nations (ASEAN). (10 minutes)
455. Walberg (MI): Requires an evaluation of the
capabilities of the Taliban post-withdrawal to monetize through
the transfer of abandoned covered Unites States equipment,
property, and classified material to adversaries of the United
States. (10 minutes)
456. Walberg (MI), Dingell (MI): Promotes United States
leadership in standards-setting bodies that set standards for
5G networks and for future generations of wireless
communications networks; encourages participation by companies
and a wide variety of relevant stakeholders (not including any
company or relevant stakeholder that the Assistant Secretary
has determined to be not trusted) in such standards-setting
bodies. (10 minutes)
457. Waltz (FL), Chabot (OH): Prohibits DoD assistance to
the government of Afghanistan if such government includes any
individual belonging to a designated foreign terrorist
organization. (10 minutes)
458. Waltz (FL): Establishes a research security training
requirement for Federal research grant personnel. (10 minutes)
459. Waltz (FL), Feenstra (IA): Prohibits malign talent
recruitment program participants from receipt of research and
development awards from Federal research agencies. (10 minutes)
460. Waters (CA), Brown (MD): Includes the Federal Officer
Candidate and Training Schools in the collection of demographic
information and improves a central source of military leader
training in the service-wide diversity and inclusion efforts.
(10 minutes)
461. Waters (CA): Requires the collection of demographic
information of students enrolled in the JROTC program and tasks
that an assessment of JROTC program's diverse recruitment and
retention efforts be conducted. (10 minutes)
462. Waters (CA), Wagner (MO): States that it is the policy
of the United States that it will not recognize the Burmese
military junta as the official government of Burma for the
purpose of the provision of assistance from the international
financial institutions (IFIs). Directs the Secretary of
Treasury to instruct the United States executive director at
each IFI to notify the respective institution that the
provision of any assistance to Burma through the State
Administrative Council, or any successor entity controlled by
the military, would be cause for a serious review of future
U.S. participation in the institution. Includes limited waiver
for humanitarian assistance channeled through an independent
implementing agency responsible for procurement of goods and
services and control of the flow of funds from the respective
IFI. (10 minutes)
463. Wenstrup (OH), Jackson, Ronny (TX): Exempts from the
Separation Health and Physical Examination (SHPE) requirement
certain members of the Reserve Component and National Guard who
are not fully separating from the military, but rather
returning from Active Duty status to reserve or guard status.
Nothing in this amendment prohibits a member of the Reserve
Component or National Guard from requesting and receiving a
physical examination, a mental health assessment if desired,
filing a disability claim, or line of duty injury, or receiving
treatment for any of the above. (10 minutes)
464. Wild (PA): Requires an annual report on and
congressional notification of U.S. efforts to counter malign
foreign influence in Africa. (10 minutes)
465. Wild (PA), Malinowski (NJ): Requires a report on human
rights abuses related to arms exported by the top five global
arms exporters, which includes both China and Russia. This
study will aid in safeguarding U.S. servicemembers, American
citizens abroad and other civilians as well as report on the
potential of exported arms being used by hostile anti-American
non-state actors. (10 minutes)
466. Wild (PA): Increases funding by $1 million dollars for
the Defense Institute of International Legal Studies for
civilian harm mitigation and increases funding by $1 million
dollars for the Institute of Security Governance for civilian
harm mitigation to ensure robust and effective efforts to
reduce civilian casualties and harm. (10 minutes)
467. Williams (GA), Stauber (MN), Chu (CA), Fitzpatrick
(PA), Strickland (WA): Tasks the Small Business Administration
with maintaining a resource guide for small businesses
operating as child care providers that includes guidance on
topics such as operations, finances, and compliance with
relevant laws. (10 minutes)
468. Williams (GA), Dean (PA), Schakowsky (IL), Adams (NC),
Maloney, Carolyn (NY), DelBene (WA), Johnson, Hank (GA), Evans
(PA), Blumenauer (OR), Cohen (TN), Strickland (WA), Newman
(IL), Carson (IN), Wilson, Frederica (FL): Reestablishes the
National Equal Pay Enforcement Task Force, a federal
interagency task force focused on improving compliance, public
education, and enforcement of equal pay laws. (10 minutes)
469. Wilson, Joe (SC): Authorizes the Secretary of Defense
to make impact aid payments to local educational agencies who
have higher concentrations of military children with severe
disabilities. (10 minutes)
470. Wittman (VA): Requires a report on current commercial
satellite communication (COMSATCOM) initiatives, particularly
new NGSO COMSATCOM technologies, the Navy has employed to
increase SATCOM throughput to afloat platforms currently
constrained by legacy capabilities. (10 minutes)
471. Young (AK): Requires an Air Force strategy for the
acquisition of combat rescue aircraft and equipment that aligns
with the National Defense and Arctic strategies. (10 minutes)
472. Schneider (IL), Williams (TX), Bourdeaux (GA):
Codifies into law the existing, successful Boots to Business
program that provides entrepreneurial training for
servicemembers transitioning to civilian life. (10 minutes)
473. Smith, Christopher (NJ): Directs the Army Corps of
Engineers to provide each Army Corps district with clarifying
and uniform guidance that conforms with USDOL's regulations and
guidance with respect to proper implementation and enforcement
of existing laws regarding worker classification by federal
construction contractors and subcontractors. (10 minutes)
474. Lieu (CA), Brownley (CA): Authorizes the Department of
Veterans Affairs' (VA) to use any funds collected pursuant to
easements, or other use-agreements at the West LA VA for the
development of supportive housing and services on campus for
homeless veterans. (10 minutes)
475. Slotkin (MI), Khanna (CA): Revises the language for
the definition of plant based protein for clarity purposes. (10
minutes)
476. Escobar (TX), Brown (MD): Directs GAO to examine DOD
and the military services' policies on servicemembers' tattoos.
The report shall discuss DOD and the military services'
policies on unauthorized tattoos, including the process and
waivers used for recruiting or retaining servicemembers who
have unauthorized tattoos. The report should also describe what
is known about the effect of unauthorized tattoos on
recruitment, retention, reenlistment, and servicemembers'
careers. (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 3755 CONSIDERED AS ADOPTED
Page 16, beginning on line 15, strike ``(and other person
acting under color of law)''.
Page 17, line 21, insert before the period at the end the
following; ``, including any unit of local government, such as
a county, city, town, village, or other general purpose
political subdivision of a State''.
Page 20, line 20, strike ``A'' and all that follows through
``requirement that'' on line 24, and insert the following:
``The statutory right specified in subsection (a) shall not be
limited or otherwise infringed through, in addition to the
limitations and requirements specified in paragraphs (1)
through (11) of subsection (a), any limitation or requirement
that''.
Page 23, line 16, strike ``enact'' and insert ``administer,
implement,''.
Page 24, after line 9, add the following:
(c) Defense.--In any cause of action against an individual or
entity who is subject to a limitation or requirement that
violates this Act, in addition to the remedies specified in
section 8, this Act shall also apply to, and may be raised as a
defense by, such an individual or entity.
Page 24, line 17, strike ``LIBERAL'' and insert ``RULES OF''.
Page 24, line 18, strike ``Liberal Construction'' and insert
the following: ``In General''.
Page 25, after line 2, add the following:
(c) Other Individuals Considered as Government Officials.--
Any person who, by operation of a provision of Federal or State
law, is permitted to implement or enforce a limitation or
requirement that violates section 4 of this Act shall be
considered a government official for purposes of this Act.
Page 25, line 5, strike ``for prospective'' and all that
follows through ``this Act'' on line 9, and insert the
following: ``on behalf of the United States against any State
that violates, or against any government official (including a
person described in section 7(c)) that implements or enforces a
limitation or requirement that violates, section 4''.
Page 25, line 13, strike ``Any individual'' and all that
follows through ``this Act.'' on line 20, and insert the
following: ``Any individual or entity, including any health
care provider or patient, adversely affected by an alleged
violation of this Act, may commence a civil action against any
State that violates, or against any government official
(including a person described in section 7(c)) that implements
or enforces a limitation or requirement that violates, section
4''.
Page 25, line 24, strike ``for prospective'' and all that
follows through ``on behalf of'' on line 25, and insert the
following: ``for relief on its own behalf, on behalf of the
provider's staff, and on behalf of''.
Page 26, line 9, strike ``attorney'' and insert
``attorney's''.
Page 26, line 10, insert ``or attorney's fees'' after
``costs''.
Page 26, strike line 17, and all that follows through page
27, line 2, and insert the following:
(f) Abrogation of State Immunity.--Neither a State that
enforces or maintains, nor a government official (including a
person described in section 7(c)) who is permitted to implement
or enforce any limitation or requirement that violates section
4 shall be immune under the Tenth Amendment to the Constitution
of the United States, the Eleventh Amendment to the
Constitution of the United States, or any other source of law,
from an action in a Federal or State court of competent
jurisdiction challenging that limitation or requirement.
PART B--TEXT OF AMENDMENT TO H.R. 4350 CONSIDERED AS ADOPTED
Page 745, beginning line 11, strike ``, with not fewer than
three-quarters of the Members of the House of Representatives
and Senate, duly chosen and sworn, voting in the affirmative''.
Page 1248, in the table of section 4101, under the heading
``UH-60 BLACKHAWK M MODEL (MYP)'', insert the following entry
(with the dollar amounts aligned under the ``House Authorized''
column):
UH-60 Blackhawk for Army
Guard.......................[211,500]
Page 1248, in the table of section 4101, in the entry
relating to ``UH-60 BLACKHAWK M MODEL (MYP)'', strike
``582,263'' and insert ``793,763''.
Page 1248, in the table of section 4101, under the
heading ``UH-60 BLACKHAWK M MODEL (MYP) AP'', strike
the entry ``UH-60 Black Hawk for Army
Guard.......................[211,500]''.
Page 1248, in the table of section 4101, in the entry
relating to ``UH-60 BLACKHAWK M MODEL (MYP) AP'', strike
``357,568'' and insert ``146,068''.
Page 1256, in the table of section 4101, above the
heading ``013 FFG-FRIGATE'', add a new heading ``011
DDG-51 AP.......................130,000'' (with the
line number aligned under the ``Line'' column, the item
name aligned under the ``Item'' column, and the amount
aligned under the ``House Authorized'' column) and
insert the following entry under the new heading (with
the dollar amount aligned under the ``House
Authorized'' column):
AP for a third ship in FY
2023.......................[130,000]
Page 1256, in the table of section 4101, under the
heading ``DDG-51'', strike the entry ``AP for a third
ship in FY 2023.......................[130,000]''.
Page 1256, in the table of section 4101, in the entry
relating to ``DDG-51'', strike ``5,058,424'' and insert
``4,928,424''.
Page 1256, in the table of section 4101, under the heading
``DDG-51'', strike ``One additional ship'' and insert ``Two
additional ships''.
Page 1276, in the table of section 4201, under the
heading ``AEROSPACE PROPULSION'', strike the entry
``Program decrease.......................[-43,000]''.
Page 1276, in the table of section 4201, in the entry
relating to ``AEROSPACE PROPULSION'', strike ``131,683'' and
insert ``174,683''.
Page 1276, in the table of section 4201, in the entry
relating to ``SUBTOTAL APPLIED RESEARCH'', strike ``1,361,690''
and insert ``1,404,690''.
Page 1278, in the table of section 4201, under the heading
``B-52 SQUADRONS'', insert the following entry (with the dollar
amount aligned under the ``House Authorized'' column):
Program decrease.......................[-43,000]
Page 1278, in the table of section 4201, in the entry
relating to ``B-52 SQUADRONS'', strike ``568,811'' and insert
``525,811''.
Page 1280, in the table of section 4201, in the entry
relating to ``SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT'',
strike ``21,441,537'' and insert ``21,398,537''.
Page 1288, in the table of section 4301, under the heading
``FORCE READINESS OPERATIONS SUPPORT'', insert the following
entry (with the dollar amount aligned under the ``House
Authorized'' column):
Program decrease.......................[-7,500]
Page 1288, in the table of section 4301, in the entry
relating to ``FORCE READINESS OPERATIONS SUPPORT'', strike
``5,476,104'' and insert ``5,468,604''.
Page 1289, in the table of section 4301, in the entry
relating to ``SUBTOTAL OPERATING FORCES'', strike
``34,480,279'' and insert ``34,472,779''.
Page 1290, in the table of section 4301, in the entry
relating to ``TOTAL OPERATION & MAINTENANCE, ARMY'', strike
``52,542,148'' and insert ``52,534,648''.
Page 1295, in the table of section 4301, under the
heading ``CONTRACTOR LOGISTICS SUPPORT AND SYSTEM
SUPPORT'', strike the entry ``Program
decrease.......................[-7,500]''.
Page 1295, in the table of section 4301, in the entry
relating to ``CONTRACTOR LOGISTICS SUPPORT AND SYSTEM
SUPPORT'', strike ``8,635,153'' and insert ``8,642,653''.
Page 1295, in the table of section 4301, in the entry
relating to ``SUBTOTAL OPERATING FORCES'', strike
``42,333,267'' and insert ``42,340,767''.
Page 1296, in the table of section 4301, in the entry
relating to ``TOTAL OPERATION & MAINTENANCE, AIR FORCE'',
strike ``53,418,676'' and insert ``53,426,176''.
PART C--TEXT OF AMENDMENTS TO H.R. 4350 MADE IN ORDER
1. An Amendment To Be Offered by Representative Perlmutter of Colorado
or His Designee, Debatable for 10 Minutes
After title LIII, insert the following:
TITLE LIV--SAFE BANKING
SEC. 5401. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This title may be cited as the ``Secure And
Fair Enforcement Banking Act of 2021'' or the ``SAFE Banking
Act of 2021''.
(b) Table of Contents.--The table of contents for this title
is as follows:
TITLE LIV--SAFE BANKING
Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
Sec. 5405. Rules of construction.
Sec. 5406. Requirements for filing suspicious activity reports.
Sec. 5407. Guidance and examination procedures.
Sec. 5408. Annual diversity and inclusion report.
Sec. 5409. GAO study on diversity and inclusion.
Sec. 5410. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5411. Application of this title with respect to hemp-related
legitimate businesses and hemp-related service providers.
Sec. 5412. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5413. Requirements for deposit account termination requests and
orders.
Sec. 5414. Definitions.
Sec. 5415. Discretionary surplus funds.
(c) Purpose.--The purpose of this title is to increase public
safety by ensuring access to financial services to cannabis-
related legitimate businesses and service providers and
reducing the amount of cash at such businesses.
SEC. 5402. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance
or share insurance of a depository institution
under the Federal Deposit Insurance Act (12
U.S.C. 1811 et seq.), the Federal Credit Union
Act (12 U.S.C. 1751 et seq.), or take any other
adverse action against a depository institution
under section 8 of the Federal Deposit
Insurance Act (12 U.S.C. 1818) solely because
the depository institution provides or has
provided financial services to a cannabis-
related legitimate business or service
provider;
(2) prohibit, penalize, or otherwise
discourage a depository institution from
providing financial services to a cannabis-
related legitimate business or service provider
or to a State, political subdivision of a
State, or Indian Tribe that exercises
jurisdiction over cannabis-related legitimate
businesses;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial
services to an account holder, or to downgrade
or cancel the financial services offered to an
account holder solely because--
(A) the account holder is a cannabis-
related legitimate business or service
provider, or is an employee, owner, or
operator of a cannabis-related
legitimate business or service
provider;
(B) the account holder later becomes
an employee, owner, or operator of a
cannabis-related legitimate business or
service provider; or
(C) the depository institution was
not aware that the account holder is an
employee, owner, or operator of a
cannabis-related legitimate business or
service provider;
(4) take any adverse or corrective
supervisory action on a loan made to--
(A) a cannabis-related legitimate
business or service provider, solely
because the business is a cannabis-
related legitimate business or service
provider;
(B) an employee, owner, or operator
of a cannabis-related legitimate
business or service provider, solely
because the employee, owner, or
operator is employed by, owns, or
operates a cannabis-related legitimate
business or service provider, as
applicable; or
(C) an owner or operator of real
estate or equipment that is leased to a
cannabis-related legitimate business or
service provider, solely because the
owner or operator of the real estate or
equipment leased the equipment or real
estate to a cannabis-related legitimate
business or service provider, as
applicable; or
(5) prohibit or penalize a depository
institution (or entity performing a financial
service for or in association with a depository
institution) for, or otherwise discourage a
depository institution (or entity performing a
financial service for or in association with a
depository institution) from, engaging in a
financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--
Subsection (a) shall apply to an institution applying for a
depository institution charter to the same extent as such
subsection applies to a depository institution.
SEC. 5403. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18,
United States Code, and all other provisions of Federal law,
the proceeds from a transaction involving activities of a
cannabis-related legitimate business or service provider shall
not be considered proceeds from an unlawful activity solely
because--
(1) the transaction involves proceeds from a
cannabis-related legitimate business or service
provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in
section 5414(4)(B) conducted by a cannabis-
related legitimate business; or
(B) activities described in section
5414(13)(A) conducted by a service provider.
SEC. 5404. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial
service to a cannabis-related legitimate business (where such
cannabis-related legitimate business operates within a State,
political subdivision of a State, or Indian country that allows
the cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or a service provider (wherever
located), a depository institution, entity performing a
financial service for or in association with a depository
institution, or insurer that provides a financial service to a
cannabis-related legitimate business or service provider, and
the officers, directors, and employees of that depository
institution, entity, or insurer may not be held liable pursuant
to any Federal law or regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from
such a financial service.
(b) Protections for Federal Reserve Banks and Federal Home
Loan Banks.--With respect to providing a service to a
depository institution that provides a financial service to a
cannabis-related legitimate business (where such cannabis-
related legitimate business operates within a State, political
subdivision of a State, or Indian country that allows the
cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or service provider (wherever
located), a Federal reserve bank or Federal Home Loan Bank, and
the officers, directors, and employees of the Federal reserve
bank or Federal Home Loan Bank, may not be held liable pursuant
to any Federal law or regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from
such a service.
(c) Protections for Insurers.--With respect to engaging in
the business of insurance within a State, political subdivision
of a State, or Indian country that allows the cultivation,
production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis pursuant to a
law or regulation of such State, political subdivision, or
Indian Tribe that has jurisdiction over the Indian country, as
applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or
service provider or who otherwise engages with a person in a
transaction permissible under State law related to cannabis,
and the officers, directors, and employees of that insurer may
not be held liable pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance;
or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository
institution that has a legal interest in the collateral
for a loan or another financial service provided to an
owner, employee, or operator of a cannabis-related
legitimate business or service provider, or to an owner
or operator of real estate or equipment that is leased
or sold to a cannabis-related legitimate business or
service provider, shall not be subject to criminal,
civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such
loan or other financial service.
(2) Federal reserve banks and federal home loan
banks.--A Federal reserve bank or Federal Home Loan
Bank that has a legal interest in the collateral for a
loan or another financial service provided to a
depository institution that provides a financial
service to a cannabis-related legitimate business or
service provider, or to an owner or operator of real
estate or equipment that is leased or sold to a
cannabis-related legitimate business or service
provider, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest
pursuant to any Federal law for providing such loan or
other financial service.
SEC. 5405. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing in
this title shall require a depository institution, entity
performing a financial service for or in association with a
depository institution, or insurer to provide financial
services to a cannabis-related legitimate business, service
provider, or any other business.
(b) General Examination, Supervisory, and Enforcement
Authority.--Nothing in this title may be construed in any way
as limiting or otherwise restricting the general examination,
supervisory, and enforcement authority of the Federal banking
regulators, provided that the basis for any supervisory or
enforcement action is not the provision of financial services
to a cannabis-related legitimate business or service provider.
(c) Business of Insurance.--Nothing in this title shall
interfere with the regulation of the business of insurance in
accordance with the Act of March 9, 1945 (59 Stat. 33, chapter
20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-
Ferguson Act'') and the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.).
SEC. 5406. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended
by adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a
financial institution or any director, officer,
employee, or agent of a financial institution
that reports a suspicious transaction pursuant
to this subsection, if the reason for the
report relates to a cannabis-related legitimate
business or service provider, the report shall
comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later
than the end of the 180-day period beginning on
the date of enactment of this paragraph, the
Secretary shall update the February 14, 2014,
guidance titled `BSA Expectations Regarding
Marijuana-Related Businesses' (FIN-2014-G001)
to ensure that the guidance is consistent with
the purpose and intent of the SAFE Banking Act
of 2021 and does not significantly inhibit the
provision of financial services to a cannabis-
related legitimate business or service provider
in a State, political subdivision of a State,
or Indian country that has allowed the
cultivation, production, manufacture,
transportation, display, dispensing,
distribution, sale, or purchase of cannabis
pursuant to law or regulation of such State,
political subdivision, or Indian Tribe that has
jurisdiction over the Indian country.
``(B) Definitions.--For purposes of this
paragraph:
``(i) Cannabis.--The term `cannabis'
has the meaning given the term
`marihuana' in section 102 of the
Controlled Substances Act (21 U.S.C.
802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning
given that term in section 5414 of the
SAFE Banking Act of 2021.
``(iii) Indian country.--The term
`Indian country' has the meaning given
that term in section 1151 of title 18.
``(iv) Indian tribe.--The term
`Indian Tribe' has the meaning given
that term in section 102 of the
Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning
given that term in section 5414 of the
SAFE Banking Act of 2021.
``(vi) Service provider.--The term
`service provider' has the meaning
given that term in section 5414 of the
SAFE Banking Act of 2021.
``(vii) State.--The term `State'
means each of the several States, the
District of Columbia, the Commonwealth
of Puerto Rico, and any territory or
possession of the United States.''.
SEC. 5407. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this
Act, the Financial Institutions Examination Council shall
develop uniform guidance and examination procedures for
depository institutions that provide financial services to
cannabis-related legitimate businesses and service providers.
SEC. 5408. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report
to Congress containing--
(1) information and data on the availability of
access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-
owned and women-owned cannabis-related legitimate
businesses.
SEC. 5409. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States
shall carry out a study on the barriers to marketplace entry,
including in the licensing process, and the access to financial
services for potential and existing minority-owned and women-
owned cannabis-related legitimate businesses.
(b) Report.--The Comptroller General shall issue a report to
the Congress--
(1) containing all findings and determinations made
in carrying out the study required under subsection
(a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace
entry, including in the licensing process, and
expanding access to financial services for potential
and existing minority-owned and women-owned cannabis-
related legitimate businesses.
SEC. 5410. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING
CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
carry out a study on the effectiveness of reports on suspicious
transactions filed pursuant to section 5318(g) of title 31,
United States Code, at finding individuals or organizations
suspected or known to be engaged with transnational criminal
organizations and whether any such engagement exists in a
State, political subdivision, or Indian Tribe that has
jurisdiction over Indian country that allows the cultivation,
production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis. The study
shall examine reports on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-
related businesses.
(2) During the 1-year period after date of the
enactment of this Act, reports relating to cannabis-
related legitimate businesses.
SEC. 5411. APPLICATION OF THIS TITLE WITH RESPECT TO HEMP-RELATED
LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE
PROVIDERS.
(a) In General.--The provisions of this title (other than
sections 5406 and 5410) shall apply with respect to hemp-
related legitimate businesses and hemp-related service
providers in the same manner as such provisions apply with
respect to cannabis-related legitimate businesses and service
providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given
that term under section 297A of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term
``hemp-related legitimate business'' means a
manufacturer, producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) in conformity with the
Agricultural Improvement Act of 2018 (Public
Law 115-334) and the regulations issued to
implement such Act by the Department of
Agriculture, where applicable, and the law of a
State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized
activity that involves handling hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products, including cultivating,
producing, extracting, manufacturing, selling,
transporting, displaying, dispensing,
distributing, or purchasing hemp, hemp-derived
CBD products, and other hemp-derived
cannabinoid products.
(4) Hemp-related service provider.--The term ``hemp-
related service provider''--
(A) means a business, organization, or other
person that--
(i) sells goods or services to a
hemp-related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or
any other property, legal or other
licensed services, or any other
ancillary service, relating to hemp,
hemp-derived CBD products, or other
hemp-derived cannabinoid products; and
(B) does not include a business,
organization, or other person that participates
in any business or organized activity that
involves handling hemp, hemp-derived CBD
products, or other hemp-derived cannabinoid
products, including cultivating, producing,
manufacturing, selling, transporting,
displaying, dispensing, distributing, or
purchasing hemp, hemp-derived CBD products, and
other hemp-derived cannabinoid products.
SEC. 5412. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND
HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public
Law 115-334) legalized hemp by removing it from the
definition of ``marihuana'' under the Controlled
Substances Act;
(2) despite the legalization of hemp, some hemp
businesses (including producers, manufacturers, and
retailers) continue to have difficulty gaining access
to banking products and services; and
(3) businesses involved in the sale of hemp-derived
CBD products are particularly affected, due to
confusion about the legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not
later than the end of the 90-day period beginning on the date
of enactment of this Act, the Federal banking regulators shall
update their existing guidance, as applicable, regarding the
provision of financial services to hemp-related legitimate
businesses and hemp-related service providers to address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing
regulations determined relevant by the Federal banking
regulators, including subchapter II of chapter 53 of
title 31, United States Code, and its implementing
regulation in conformity with this title and the
Department of Agriculture's rules regulating domestic
hemp production (7 CFR 990); and
(2) best practices for financial institutions to
follow when providing financial services, including
processing payments, to hemp-related legitimate
businesses and hemp-related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under
section 5312(a) of title 31, United States
Code; and
(B) includes a bank holding company, as
defined under section 2(a) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related
service provider'' have the meaning given those terms,
respectively, under section 5411.
SEC. 5413. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking
agency may not formally or informally request or order
a depository institution to terminate a specific
customer account or group of customer accounts or to
otherwise restrict or discourage a depository
institution from entering into or maintaining a banking
relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such
request or order; and
(B) such reason is not based solely on
reputation risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a
conduit for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran,
North Korea, Syria, or any country listed from
time to time on the State Sponsors of Terrorism
list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in
subparagraph (C); or
(E) does business with any entity described
in subparagraph (C) or (D), unless the
appropriate Federal banking agency determines
that the customer or group of customers has
used due diligence to avoid doing business with
any entity described in subparagraph (C) or
(D),
such belief shall satisfy the requirement under
paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking
agency formally or informally requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts, the agency
shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a
written justification for why such termination
is needed, including any specific laws or
regulations the agency believes are being
violated by the customer or group of customers,
if any.
(2) Justification requirement.--A justification
described under paragraph (1)(B) may not be based
solely on the reputation risk to the depository
institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under
paragraph (2) or as otherwise prohibited from being
disclosed by law, if an appropriate Federal banking
agency orders a depository institution to terminate a
specific customer account or a group of customer
accounts, the depository institution shall inform the
specific customer or group of customers of the
justification for the customer's account termination
described under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking
agency requests or orders a depository
institution to terminate a specific customer
account or a group of customer accounts based
on a belief that the customer or customers pose
a threat to national security, or are otherwise
described under subsection (a)(2), neither the
depository institution nor the appropriate
Federal banking agency may inform the customer
or customers of the justification for the
customer's account termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines
that the notice required under paragraph (1)
may interfere with an authorized criminal
investigation, neither the depository
institution nor the appropriate Federal banking
agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking
agency shall issue an annual report to the Congress stating--
(1) the aggregate number of specific customer
accounts that the agency requested or ordered a
depository institution to terminate during the previous
year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on
which the agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency,
as defined under section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration,
in the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined
under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) an insured credit union.
SEC. 5414. DEFINITIONS.
In this title:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section
1002 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning
given the term ``marihuana'' in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product''
means any article which contains cannabis, including an
article which is a concentrate, an edible, a tincture,
a cannabis-infused product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a
manufacturer, producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established
by a State or a political subdivision of a
State, as determined by such State or political
subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or
cannabis products, including cultivating,
producing, manufacturing, selling,
transporting, displaying, dispensing,
distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in
section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(B) a Federal credit union as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752); or
(C) a State credit union as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal
banking regulator'' means each of the Board of
Governors of the Federal Reserve System, the Bureau of
Consumer Financial Protection, the Federal Deposit
Insurance Corporation, the Federal Housing Finance
Agency, the Financial Crimes Enforcement Network, the
Office of Foreign Asset Control, the Office of the
Comptroller of the Currency, the National Credit Union
Administration, the Department of the Treasury, or any
Federal agency or department that regulates banking or
financial services, as determined by the Secretary of
the Treasury.
(7) Financial service.--The term ``financial
service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12
U.S.C. 5481), regardless if the customer
receiving the product or service is a consumer
or commercial entity;
(B) means a financial product or service, or
any combination of products and services,
permitted to be provided by--
(i) a national bank or a financial
subsidiary pursuant to the authority
provided under--
(I) the provision designated
``Seventh'' of section 5136 of
the Revised Statutes of the
United States (12 U.S.C. 24);
or
(II) section 5136A of the
Revised Statutes of the United
States (12 U.S.C. 24a); and
(ii) a Federal credit union, pursuant
to the authority provided under the
Federal Credit Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or
indirectly, the authorizing, processing,
clearing, settling, billing, transferring for
deposit, transmitting, delivering, instructing
to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating of
payments or funds, where such payments or funds
are made or transferred by any means, including
by the use of credit cards, debit cards, other
payment cards, or other access devices,
accounts, original or substitute checks, or
electronic funds transfers;
(E) includes acting as a money transmitting
business which directly or indirectly makes use
of a depository institution in connection with
effectuating or facilitating a payment for a
cannabis-related legitimate business or service
provider in compliance with section 5330 of
title 31, United States Code, and any
applicable State law; and
(F) includes acting as an armored car service
for processing and depositing with a depository
institution or a Federal reserve bank with
respect to any monetary instruments (as defined
under section 1956(c)(5) of title 18, United
States Code.
(8) Indian country.--The term ``Indian country'' has
the meaning given that term in section 1151 of title
18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a).
(10) Insurer.--The term ``insurer'' has the meaning
given that term under section 313(r) of title 31,
United States Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts,
processes, prepares, or packages cannabis or cannabis
products.
(12) Producer.--The term ``producer'' means a person
who plants, cultivates, harvests, or in any way
facilitates the natural growth of cannabis.
(13) Service provider.--The term ``service
provider''--
(A) means a business, organization, or other
person that--
(i) sells goods or services to a
cannabis-related legitimate business;
or
(ii) provides any business services,
including the sale or lease of real or
any other property, legal or other
licensed services, or any other
ancillary service, relating to
cannabis; and
(B) does not include a business,
organization, or other person that participates
in any business or organized activity that
involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting,
displaying, dispensing, distributing, or
purchasing cannabis or cannabis products.
(14) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
SEC. 5415. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by
$6,000,000.
----------
2. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to
read as follows:
``(1) Uniformed consumer.--The term `uniformed
consumer' means a consumer who is--
``(A) a member of the--
``(i) uniformed services (as such
term is defined in section 101(a)(5) of
title 10, United States Code); or
``(ii) National Guard (as such term
is defined in section 101(c)(1) of
title 10, United States Code); and
``(B) in active service (as such term is
defined in section 101(d)(3) of title 10,
United States Code), including full-time duty
in the commissioned corps of the Public Health
Service or the National Oceanic and Atmospheric
Administration.''; and
(2) by adding at the end the following:
``(bb) Deployed Uniformed Consumer.--The term `deployed
uniformed consumer' means an uniformed consumer who--
``(1) serves--
``(A) in a combat zone (as such term is
defined in section 112(c)(2) of title 26,
United States Code); or
``(B) aboard a United States combatant,
support, or auxiliary vessel (as such terms are
defined in section 231(f) of title 10, United
States Code); or
``(C) in a deployment (as such term is
defined in section 991(b) of title 10, United
States Code); and
``(2) is on active duty (as such term is defined in
section 101(d)(2) of title 10, United States Code) for
not less than 30 days during the type of service
described in paragraph (1).''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting Act
(15 U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the
following:
``(9) Any item of adverse information about a
uniformed consumer, if the action or inaction that gave
rise to the item occurred while the consumer was a
deployed uniformed consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as a Uniformed Consumer.--With respect
to an item of adverse information about a consumer, if the
action or inaction that gave rise to the item occurred while
the consumer was a uniformed consumer, the consumer may provide
appropriate proof, including official orders, to a consumer
reporting agency that the consumer was a deployed uniformed
consumer at the time such action or inaction occurred. The
consumer reporting agency shall promptly delete that item of
adverse information from the file of the uniformed consumer and
notify the consumer and the furnisher of the information of the
deletion.''.
(c) Communications Between the Consumer and Consumer
Reporting Agencies.--Section 605A of the Fair Credit Reporting
Act (15 U.S.C. 1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the
following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (C), and
moving such redesignated subparagraphs 2 ems to
the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a
consumer reporting agency receives an item of adverse
information about a consumer, if the consumer has
provided appropriate proof that the consumer is a
uniformed consumer, the consumer reporting agency shall
promptly notify the consumer--
``(A) that the agency has received such item
of adverse information, along with a
description of the item; and
``(B) the method by which the consumer can
dispute the validity of the item.
``(3) Contact information for uniformed consumers.--
With respect to any consumer that has provided
appropriate proof to a consumer reporting agency that
the consumer is a uniformed consumer, if the consumer
provides the consumer reporting agency with separate
contact information to be used when communicating with
the consumer while the consumer is a uniformed
consumer, the consumer reporting agency shall use such
contact information for all communications while the
consumer is a uniformed consumer.''; and
(2) in subsection (e), by amending paragraph (3) to
read as follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1),
in the case of a referral under subsection
(c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended by striking ``active duty
military'' each place such term appears and inserting
``uniformed consumer''.
(e) Sense of Congress.--It is the sense of Congress that any
person making use of a consumer report containing an item of
adverse information should, if the action or inaction that gave
rise to the item occurred while the consumer was a uniformed
consumer, take such fact into account when evaluating the
creditworthiness of the consumer.
---------- x
3. An Amendment To Be Offered by Representative Torres of California or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LX, add the following:
SEC. __. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.
The Director of the Office of Management and Budget shall not
later than 30 days after the date of the enactment of this Act,
categorize public safety telecommunicators as a protective
service occupation under the Standard Occupational
Classification System.
At the appropriate place in the table of contents, insert the
following:
Sec. _. Review of Standard Occupational Classification System.
----------
5. An Amendment To Be Offered by Representative Waters of California or
Her Designee, Debatable for 10 Minutes
Page 1334, after line 17, insert the following:
SEC. ___. UNITED STATES CONTRIBUTION TO THE CATASTROPHE CONTAINMENT AND
RELIEF TRUST AT THE INTERNATIONAL MONETARY FUND.
(a) Contribution Authority.--The Secretary of the Treasury
may contribute $200,000,000 on behalf of the United States to
the Catastrophe Containment and Relief Trust of the
International Monetary Fund.
(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized
to be appropriated, without fiscal year limitation,
$200,000,000 for payment by the Secretary of the Treasury.
---------- x
5. An Amendment To Be Offered by Representative Dean of Pennsylvania or
Her Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASE OF DEATH OR
TOTAL AND PERMANENT DISABILITY.
(a) In General.--Section 140(g) of the Truth in Lending Act
(15 U.S.C. 1650(g)) is amended--
(1) in paragraph (2)--
(A) in the heading, by striking ``in case of
death of borrower'';
(B) in subparagraph (A), by inserting after
``of the death'', the following: ``or total and
permanent disability''; and
(C) in subparagraph (C), by inserting after
``of the death'', the following: ``or total and
permanent disability''; and
(2) by adding at the end the following:
``(3) Discharge in case of death or total and
permanent disability of borrower.--The holder of a
private education loan shall, when notified of the
death or total and permanent disability of a student
obligor, discharge the liability of the student obligor
on the loan and may not, after such notification--
``(A) attempt to collect on the outstanding
liability of the student obligor; and
``(B) in the case of total and permanent
disability, monitor the disability status of
the student obligor at any point after the date
of discharge.
``(4) Total and permanent disability defined.--For
the purposes of this subsection and with respect to an
individual, the term `total and permanent disability'
means the individual is totally and permanently
disabled, as such term is defined in section 685.102(b)
of title 34 of the Code of Federal Regulations.
``(5) Private discharge in cases of certain discharge
for death or disability.--The holder of a private
education loan shall, when notified of the discharge of
liability of a student obligor on a loan described
under section 108(f)(5)(A) of the Internal Revenue Code
of 1986, discharge any liability of the student obligor
(and any cosigner) on any private education loan which
the private education loan holder holds and may not,
after such notification--
``(A) attempt to collect on the outstanding
liability of the student obligor; and
``(B) in the case of total and permanent
disability, monitor the disability status of
the student obligor at any point after the date
of discharge.''.
(b) Rulemaking.--The Director of the Bureau of Consumer
Financial Protection may issue rules to implement the
amendments made by subsection (a) as the Director determines
appropriate.
(c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.
---------- x
6. An Amendment To Be Offered by Representative Plaskett of Virgin
Islands or Her Designee, Debatable for 10 Minutes
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
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, and 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 paragraph 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 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 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 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 as described in subsection (a) required to
implement the waiver provided in such subsection for the Virgin
Islands.
(c) Waiver Countries.--The regulations described in
subsection (b) shall include a listing of all member or
associate member countries of the Caribbean Community (CARICOM)
whose nationals may obtain, on a country-by-country basis, the
waiver provided by this section, except that such regulations
shall 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.
(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 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.
----------
7. An Amendment To Be Offered by Representative Costa of California or
His Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__. ELIGIBILITY FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a)(10) of title 38, United
States Code, is amended--
(1) by striking the period at the end and inserting
``; or''; and
(2) by adding at the end the following new
subparagraph:
``(B) who--
``(i) the Secretary determines served
honorably with a special guerrilla unit
or irregular forces operating from a
base in Laos in support of the Armed
Forces of the United States at any time
during the period beginning February
28, 1961, and ending May 7, 1975; and
``(ii) at the time of the
individual's death--
``(I) was a citizen of the
United States or an alien
lawfully admitted for permanent
residence in the United States;
and
``(II) resided in the United
States.''.
(b) Effective Date.--The amendments made by this section
shall have effect as if included in the enactment of section
251(a) of title II of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018
(division J of Public Law 115-141; 132 Stat. 824).
----------
8. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, add the following new
section:
SEC. 10__. LIMITATION ON CONTRACT AUTHORITY TO IMPROVE REPRESENTATION
IN CERTAIN MEDIA PROJECTS INVOLVING DEPARTMENT OF
DEFENSE.
(a) Limitation on Contract Authority.--Neither the Secretary
of Defense, nor any Secretary of a military department, may
enter into a covered contract for any film or publishing
project for entertainment-oriented media unless the covered
contract includes a provision that requires consideration of
diversity in carrying out the project, including consideration
of the following:
(1) The composition of the community represented in
the project and whether such community is inclusive of
historically marginalized communities.
(2) The depiction of the community represented in the
project and whether or not the project advances any
inaccurate or harmful stereotypes as a result of such
depiction.
(b) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for five
years, the Secretary of Defense shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report containing, with respect to the year covered by
the report, the following:
(1) The total number of projects for which the
Secretary provided assistance pursuant to a covered
contract.
(2) A summary of the projects specified in paragraph
(1).
(3) A summary of the communities represented in such
projects.
(4) A summary of the involvement of the Department of
Defense with respect to such projects.
(c) Definitions.--In this section:
(1) The term ``covered contract'' means a contract or
production assistance agreement entered into with a
nongovernmental entertainment-oriented media producer
or publisher.
(2) The term ``entertainment-oriented media''
includes books and other forms of print media that are
entertainment-oriented.
(3) The term ``marginalized community'' means a
community of individuals that is, or historically was,
under-represented in the industry of film, television,
or publishing, including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities; and
(D) members of the LGBTQ communities.
(4) The term ``military department'' has the meaning
given such term in section 101 of title 10, United
States Code.
----------
9. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR II IN
THE UNITED STATES MERCHANT MARINE.
(a) Establishment of Compensation Fund.--Subchapter II of
chapter 5 of title 38, United States Code, is amended by adding
at the end the following new section:
``Sec. 534. Merchant Mariner Equity Compensation Fund
``(a) Compensation Fund.--(1) There is in the general fund of
the Treasury a fund to be known as the `Merchant Mariner Equity
Compensation Fund' (in this section referred to as the
`compensation fund').
``(2) Subject to the availability of appropriations provided
in advance in a appropriations Act specifically for the purpose
of carrying out this section, and no other funding source,
amounts in the compensation fund shall be available to the
Secretary without fiscal year limitation to make payments to
eligible individuals in accordance with this section.
``(b) Eligible Individuals.--(1) An eligible individual is an
individual who--
``(A) during the one-year period beginning on the
date of the enactment of this section, submits to the
Secretary an application containing such information
and assurances as the Secretary may require;
``(B) has not received benefits under the
Servicemen's Readjustment Act of 1944 (Public Law 78-
346); and
``(C) has engaged in qualified service.
``(2) For purposes of paragraph (1), a person has engaged in
qualified service if, between December 7, 1941, and December
31, 1946, the person--
``(A) was a member of the United States merchant
marine (including the Army Transport Service and the
Naval Transport Service) serving as a crewmember of a
vessel that was--
``(i) operated by the War Shipping
Administration or the Office of Defense
Transportation (or an agent of the
Administration or Office);
``(ii) operated in waters other than inland
waters, the Great Lakes, and other lakes, bays,
and harbors of the United States;
``(iii) under contract or charter to, or
property of, the Government of the United
States; and
``(iv) serving the Armed Forces; and
``(B) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel
by an officer or employee of the United States
authorized to license or document the person for such
service.
``(3) In determining the information and assurances required
in the application pursuant to paragraph (1)(A), the Secretary
shall accept a DD-214 form as proof of qualified service.
``(c) Amount of Payment.--The Secretary shall make one
payment out of the compensation fund in the amount of $25,000
to an eligible individual. The Secretary shall make such a
payment to eligible individuals in the order in which the
Secretary receives the applications of the eligible
individuals. Payments may only be made subject to the
availability of funds provided in advance in an appropriations
Act for this purpose.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2022 $125,000,000 for the
compensation fund. Such amount shall remain available until
expended.
``(e) Reports.--The Secretary shall include, in documents
submitted to Congress by the Secretary in support of the
President's budget for each fiscal year, detailed information
on the operation of the compensation fund, including the number
of applicants, the number of eligible individuals receiving
benefits, the amounts paid out of the compensation fund, the
administration of the compensation fund, and an estimate of the
amounts necessary to fully fund the compensation fund for that
fiscal year and each of the three subsequent fiscal years.
``(f) Regulations.--The Secretary shall prescribe regulations
to carry out this section.''.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe the
regulations required under section 534(f) of title 38, United
States Code, as added by subsection (a).
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 532 the following new item:
``534. Merchant Mariner Equity Compensation Fund.''.
----------
10. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL
RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. 3912) is amended by adding at the end the
following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a contract
with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision of
this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such controversy
consent in writing to use arbitration to settle such
controversy.''.
(b) Applicability.--Subsection (d) of such section, as added
by subsection (a), shall apply with respect to contracts
entered into, amended, altered, modified, renewed, or extended
after the date of the enactment of this Act.
SEC. 60___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it
is made after a specific dispute has arisen and the
dispute is identified in the waiver'' after ``to which
it applies''; and
(2) in the third sentence, by inserting ``and if it
is made after a specific dispute has arisen and the
dispute is identified in the waiver'' after ``period of
military service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 60___. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4042(a)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, notwithstanding any previous agreement to
the contrary,'' after ``may''; and
(2) in paragraph (3), by striking ``, notwithstanding
any previous agreement to the contrary''.
----------
11. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT COLLECTIONS.
(a) Amendments to the Fair Debt Collection Practices Act.--
(1) Definition.--Section 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a) is amended
by adding at the end the following:
``(9) The term `medical debt' means a debt
arising from the receipt of medical services,
products, or devices.''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended
by adding at the end the following:
``(9) Engaging in activities to collect or
attempting to collect a medical debt owed or
due or asserted to be owed or due by a consumer
who was a member of the Armed Forces at the
time such debt was incurred, before the end of
the 2-year period beginning on the date that
the first payment with respect to such medical
debt is due.''.
(b) Prohibition on Consumer Reporting Agencies Reporting
Certain Medical Debt With Respect to Members of the Armed
Forces.--
(1) Definition.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at
the end the following:
``(bb) Medical Debt.--The term `medical debt' means a debt
arising from the receipt of medical services, products, or
devices.
``(cc) Medically Necessary Procedure.--The term `medically
necessary procedure' means--
``(1) health care services or supplies needed to
diagnose or treat an illness, injury, condition,
disease, or its symptoms and that meet accepted
standards of medicine; and
``(2) health care to prevent illness or detect
illness at an early stage, when treatment is likely to
work best (including preventive services such as pap
tests, flu shots, and screening mammograms).''.
(2) In general.--Section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)) is amended--
(A) in paragraph (7), by adding at the end
the following: ``This paragraph shall not be
subject to section 625(b)(1)(E).'';
(B) in paragraph (8), by adding at the end
the following: ``This paragraph shall not be
subject to section 625(b)(1)(E).''; and
(C) by adding at the end the following new
paragraphs:
``(9) Any information related to a debt arising from
a medically necessary procedure that occurred when the
consumer was a member of the Armed Forces. This
paragraph shall not be subject to section 625(b)(1)(E).
``(10) Any information related to a medical debt of a
consumer that was incurred when the consumer was a
member of the Armed Forces, if the date on which such
debt was placed for collection, charged to profit or
loss, or subjected to any similar action antedates the
report by less than 365 calendar days. This paragraph
shall not be subject to section 625(b)(1)(E).''.
(c) Requirements for Furnishers of Medical Debt Information
With Respect to Members of the Armed Forces.--
(1) Additional notice requirements for medical debt
of members of the armed forces.--Section 623 of the
Fair Credit Reporting Act (15 U.S.C. 1681s-2) is
amended by adding at the end the following:
``(f) Additional Notice Requirements for Medical Debt of
Members of the Armed Forces.--Before furnishing information
regarding a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces to a consumer
reporting agency, the person furnishing the information shall
send a statement to the consumer that includes the following:
``(1) A notification that the medical debt--
``(A) may not be included on a consumer
report made by a consumer reporting agency
until the later of the date that is 365 days
after--
``(i) the date on which the person
sends the statement;
``(ii) with respect to the medical
debt of a borrower demonstrating
hardship, a date determined by the
Director of the Bureau; or
``(iii) the date described under
section 605(a)(10); and
``(B) may not ever be included on a consumer
report made by a consumer reporting agency, if
the medical debt arises from a medically
necessary procedure.
``(2) A notification that, if the debt is settled or
paid by the consumer or an insurance company before the
end of the period described under paragraph (1)(A), the
debt may not be reported to a consumer reporting
agency.
``(3) A notification that the consumer may--
``(A) communicate with an insurance company
to determine coverage for the debt; or
``(B) apply for financial assistance.''.
(2) Furnishing of medical debt information with
respect to members of the armed forces.--Section 623 of
the Fair Credit Reporting Act (15 U.S.C. 1681s-2), as
amended by paragraph (1), is further amended by adding
at the end the following:
``(g) Furnishing of Medical Debt Information With Respect to
Members of the Armed Forces.--
``(1) Prohibition on reporting debt related to
medically necessary procedures.--No person shall
furnish any information to a consumer reporting agency
regarding a debt arising from a medically necessary
procedure that occurred when the consumer was a member
of the Armed Forces.
``(2) Treatment of other medical debt information.--
With respect to a medical debt of a consumer that was
incurred when the consumer was a member of the Armed
Forces and that is not described under paragraph (1),
no person shall furnish any information to a consumer
reporting agency regarding such debt before the end of
the 365-day period beginning on the later of--
``(A) the date on which the person sends the
statement described under subsection (f) to the
consumer;
``(B) with respect to the medical debt of a
borrower demonstrating hardship, a date
determined by the Director of the Bureau; or
``(C) the date described in section
605(a)(10).
``(3) Treatment of settled or paid medical debt.--
With respect to a medical debt of a consumer that was
incurred when the consumer was a member of the Armed
Forces and that is not described under paragraph (1),
no person shall furnish any information to a consumer
reporting agency regarding such debt if the debt is
settled or paid by the consumer or an insurance company
before the end of the 365-day period described under
paragraph (2).
``(4) Borrower demonstrating hardship defined.--In
this subsection, and with respect to a medical debt,
the term `borrower demonstrating hardship' means a
borrower or a class of borrowers who, as determined by
the Director of the Bureau, is facing or has
experienced unusual extenuating life circumstances or
events that result in severe financial or personal
barriers such that the borrower or class of borrowers
does not have the capacity to repay the medical
debt.''.
(d) Effective Date.--Except as otherwise provided under
subsection (e), this section and the amendments made by this
section shall take effect on the date that is 180 days after
the date of enactment of this Act.
(e) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under
section 7(a)(3)(A) of the Federal Reserve Act (12
U.S.C. 289(a)(3)(A)) is reduced by $1,000,000.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect on September 30, 2031.
----------
12. An Amendment To Be Offered by Representative Higgins of New York or
His Designee, Debatable for 10 Minutes
Page 1226, after line 21, insert the following new
subsection:
(c) Support for National Maritime Heritage Grants Program.--
Of the funds authorized to be appropriated by subsection
(a)(4), not more than $10,000,000 may be made available to
support the National Maritime Heritage Grants Program
established under section 308703 of title 54, United States
Code.
----------
13. An Amendment To Be Offered by Representative Casten of Illinois or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title III the following:
SEC. 328. ENERGY, WATER, AND WASTE NET ZERO REQUIREMENTS FOR
CONSTRUCTION OF NEW BUILDINGS.
(a) Requirements Described.--For fiscal year 2022 and any
subsequent fiscal year, the Secretary of Defense shall improve
building efficiency, performance, and management by ensuring
that the new construction of any Department of Defense building
larger than 5,000 gross square feet that enters the planning
process is designed to achieve energy net-zero and water or
waste net-zero by fiscal year 2035.
(b) Waiver for National Security.--The Secretary may waive
the requirement of subsection (a) with respect to a building if
the Secretary provides the Committees on Armed Services of the
House of Representatives and Senate with a certification that
the application of such requirement would be detrimental to
national security.
(c) Status Report and Briefings on Progress Towards Meeting
Current Goal Regarding Use of Renewable Energy to Meet Facility
Energy Needs.--Section 2911(g) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall--
``(A) not later than 180 days after the date of the
enactment of this paragraph, submit a report to the
Committees on Armed Services of the House of
Representatives and Senate on the progress the
Secretary has made towards meeting the goal described
in paragraph (1)(A) with respect to fiscal year 2025;
and
``(B) during fiscal year 2022 and each succeeding
fiscal year through fiscal year 2025, provide a
briefing to the Committees on Armed Services of the
House of Representatives and Senate on the progress the
Secretary has made towards meeting the goal described
in paragraph (1)(A) with respect to fiscal year
2025.''.
----------
14. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee, Debatable for 10 Minutes
Insert after title LIII the following new title:
TITLE LIV--STRENGTHENING MARINE MAMMAL CONSERVATION
SEC. 5401. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 5402. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.
(a) In General.--The Marine Mammal Protection Act of 1974 (16
U.S.C. 1361 et seq.) is amended by inserting after section 120
the following:
``SEC. 121. VESSEL RESTRICTIONS IN MARINE MAMMAL HABITAT.
``(a) In General.--The Secretary shall, in coordination with
the Marine Mammal Commission and the Commandant of the Coast
Guard and applying the best available scientific information--
``(1) designate areas of importance for marine
mammals known to experience vessel strikes and
establish for each such area seasonal or year-round
mandatory vessel speed restrictions to reduce vessel
strikes or other vessel-related impacts, as necessary,
for vessels operating in such areas; and
``(2) implement for such species, as appropriate,
dynamic management area programs incorporating
mandatory vessel restrictions to protect marine mammals
from vessel strikes or other vessel-related impacts
occurring outside designated areas of importance.
``(b) Areas of Importance.--In designating areas under
subsection (a), the Secretary--
``(1) shall consider including--
``(A) the important feeding, breeding,
calving, rearing, or migratory habitat for
priority species of marine mammals, including
all areas designated as critical habitat for
such species under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) except any
area the Secretary determines does not
intersect with areas of vessel traffic such
that an elevated risk of mortality or injury
caused by vessel strikes exists; and
``(B) areas of high marine mammal mortality,
injury, or harassment caused by vessel strikes;
and
``(2) may consider including--
``(A) any area designated as a National
Marine Sanctuary, Marine National Monument,
National Park, or National Wildlife Refuge; and
``(B) areas of high marine mammal primary
productivity with year-round or seasonal
aggregations of marine mammals to which this
section applies.
``(c) Deadline for Regulations.--Not later than two years
after the date of the enactment of this section, the Secretary
shall designate areas and vessel restrictions under subsection
(a) and issue such regulations as are necessary to carry out
this section, consistent with notice and comment requirements
under chapter 5 of title 5, United States Code.
``(d) Modifying or Designating New Areas of Importance.--
``(1) In general.--The Secretary shall issue
regulations to modify or designate the areas of
importance and vessel restrictions under this section
within 180 days after the issuance of regulations to
establish or to modify critical habitat for marine
mammals pursuant to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
``(2) Reexamination.--The Secretary shall--
``(A) reexamine the areas of importance
designated and vessel restrictions under this
section every 5 years following the initial
issuance of the regulations to determine if the
best available scientific information warrants
modification or designation of areas of
importance for vessel restrictions; and
``(B) publish any revisions under
subparagraph (A) in the Federal Register after
notice and opportunity for public comment
within 24 months.
``(3) Finding.--Not later than 90 days after
receiving the petition of an interested person under
section 553(e) of title 5, United States Code, to
designate, modify, or add an area of importance or
vessel restriction under this section, the Secretary
shall make a finding as to whether the petition
presents substantial scientific information indicating
that the petitioned action may be warranted. The
Secretary shall promptly publish such finding in the
Federal Register for comment. Not later than one year
after the close of comments, the Secretary shall
publish in the Federal Register a finding of whether
the petitioned action is warranted and, if the
Secretary determines that the petitioned action is
warranted, shall publish draft regulations designating
or modifying and vessel restrictions the area of
importance. Not later than 12 months after publication
of the draft regulations, the Secretary shall issue
final regulations designating or modifying the area of
importance and vessel restrictions.
``(e) Exceptions for Safe Maneuvering and Using Authorized
Technology.--
``(1) In general.--The restriction established under
subsection (a) shall not apply to a vessel operating at
a speed necessary to maintain safe maneuvering speed if
such speed is justified because the vessel is in an
area where oceanographic, hydrographic, or
meteorological conditions severely restrict the
maneuverability of the vessel and the need to operate
at such speed is confirmed by the pilot on board or,
when a vessel is not carrying a pilot, the master of
the vessel. If a deviation from the applicable speed
limit is necessary pursuant to this subsection, the
reasons for the deviation, the speed at which the
vessel is operated, the latitude and longitude of the
area, and the time and duration of such deviation shall
be entered into the logbook of the vessel. The master
of the vessel shall attest to the accuracy of the
logbook entry by signing and dating the entry.
``(2) Authorized technology.--
``(A) In general.--The vessel restrictions
established under subsection (a) shall not
apply to a vessel operating using technology
authorized by regulations issued by the
Secretary under subparagraph (B).
``(B) Regulations.--The Secretary may issue
regulations authorizing a vessel to operate
using technology specified by the Secretary
under this subparagraph if the Secretary
determines that such operation is at least as
effective as the vessel restrictions authorized
by regulations under subsection (a) in reducing
mortality and injury to marine mammals.
``(f) Applicability.--Any speed restriction established under
subsection (a)--
``(1) shall apply to all vessels subject to the
jurisdiction of the United States, all other vessels
entering or departing a port or place subject to the
jurisdiction of the United States, and all other
vessels within the Exclusive Economic Zone of the
United States, regardless of flag; and
``(2) shall not apply to--
``(A) vessels owned, operated, or under
contract by the Department of Defense or the
Department of Homeland Security, or engaged
with such vessels;
``(B) law enforcement vessels of the Federal
Government or of a State or political
subdivision thereof, when such vessels are
engaged in law enforcement or search and rescue
duties; or
``(C) vessels with foreign sovereign
immunity, as reflected under international law.
``(g) Statutory Construction.--
``(1) In general.--Nothing in this section shall be
interpreted or implemented in a manner that--
``(A) subject to paragraph (2), preempts or
modifies any obligation of any person subject
to the provisions of this title to act in
accordance with applicable State laws, except
to the extent that those laws are inconsistent
with any provision of this title, and then only
to the extent of the inconsistency;
``(B) affects or modifies any obligation
under Federal law; or
``(C) preempts or supersedes the final rule
titled `To Implement Speed Restrictions to
Reduce the Threat of Ship Collisions With North
Atlantic Right Whales', codified at section
224.105 of title 50, Code of Federal
Regulations, except for actions that are more
protective than the Final Rule and further
reduce the risk of take to North Atlantic right
whales.
``(2) Inconsistencies.--The Secretary may determine
whether inconsistencies referred to in paragraph (1)(A)
exist, but may not determine that any State law is
inconsistent with any provision of this title if the
Secretary determines that such law gives greater
protection to covered marine species and their habitat.
``(h) Priority Species.--For the purposes of this section,
the term `priority species' means, at a minimum, all Mysticeti
species and species within the genera Physeter and Trichechus.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated--
``(1) to the Secretary to carry out this section,
$3,000,000 for each of fiscal years 2022 through 2026;
and
``(2) to the Commandant of the Coast Guard to carry
out this section, $3,000,000 for each of fiscal years
2024 through 2026.''.
(b) Clerical Amendment.--The table of contents in the first
section of such Act is further amended by inserting after the
item relating to section 120 the following:
``Sec. 121. Vessel speed restrictions in marine mammal habitat.''.
SEC. 5403. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Administrator, and the Director of the
Fish and Wildlife Service shall maintain and expand an Ocean
Noise Reference Station Network, utilizing and coordinating
with the Integrated Ocean Observing System, the Office of
National Marine Sanctuaries, and the Department of Defense,
to--
(1) provide grants to expand the deployment of
Federal and non-Federal observing and data management
systems capable of collecting measurements of
underwater sound in high-priority ocean and coastal
locations for purposes of monitoring and analyzing
baselines and trends in the underwater soundscape to
protect and manage marine life;
(2) 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 Department of
Defense, 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 authorized by
this section.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator, to support integrated
ocean observations activities carried out under this section,
$1,500,000 for each of fiscal years 2022 through 2026.
SEC. 5404. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS 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 Administrator and the Director
of the Fish and Wildlife Service, in coordination with the
Secretary of Defense, shall establish a grant program to
provide assistance to up to ten seaports to develop and
implement mitigation measures that will lead to a quantifiable
reduction in threats to marine mammals from shipping activities
and port operations.
(b) Eligible Uses.--A grant under this section may be used to
develop, assess, and carry out activities that quantifiably
reduce threats and enhance the habitats of marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing vessel strike mortality and other
physical disturbances;
(3) enhancing marine mammal habitat, including the
habitat for prey of marine mammals; or
(4) monitoring sound, vessel interactions with marine
mammals, or other types of monitoring that are
consistent with reducing the threats to and enhancing
the habitats of marine mammals.
(c) Priority.--The Administrator and the Director of the Fish
and Wildlife Service shall prioritize assistance under this
section for projects that--
(1) assist ports with higher relative threat levels
to vulnerable marine mammals from vessel traffic;
(2) reduce disturbance from vessel presence or
mortality risk from vessel strikes, and are in close
proximity to National Marine Sanctuaries, Marine
National Monuments, National Parks, National Wildlife
Refuges, and other federal, state, and local marine
protected areas; and
(3) allow eligible entities to conduct risk
assessments, and track progress toward threat reduction
and habitat enhancement; including protecting coral
reefs from encroachment by commerce and shipping lanes.
(d) Outreach.--The Administrator and the Director of the Fish
and Wildlife Service shall conduct outreach to seaports to
provide information on how to apply for assistance under this
section, the benefits of the program under this section, and
facilitation of best practices and lessons learned.
(e) Eligible Entities.--A person shall be eligible for
assistance under this section if the person--
(1) is--
(A) a port authority for a seaport;
(B) a State, regional, local, or Tribal
agency that has jurisdiction over a maritime
port authority or a seaport; or
(C) a private entity or government entity,
applying for a grant awarded under this section
in collaboration with another entity described
in subparagraph (A) or (B), that owns or
operates a maritime terminal; and
(2) is cleared by the Department of Defense.
(f) Report.--The Administrator and the Director of the Fish
and Wildlife Service shall submit annually to the Committee on
Natural Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate, a report that includes the following:
(1) The name and location of each entity receiving a
grant.
(2) Amount of each grant.
(3) The name and location of the seaport in which the
activities took place.
(4) A description of the activities carried out with
the grant funds.
(5) An estimate of the impact of the project to
reduce threats or enhance habitat of marine mammals.
(g) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator, for carrying out this
section, $5,000,000 for each of fiscal years 2022 through 2026,
to remain available until expended.
SEC. 5405. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
WHALES.
(a) Establishment of the Program.--The Administrator, in
coordination with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall design
and deploy a Near Real-Time Large Whale Monitoring and
Mitigation Program in order to curtail the risk to large whales
of vessel collisions, entanglement in commercial fishing gear,
and to minimize other impacts, including but not limited to
underwater noise from development activities. Such program
shall be capable of detecting and alerting ocean users and
enforcement agencies of the location of large whales on a near
real-time basis, informing sector-specific mitigation protocols
that can effectively reduce take of large whales, and
continually integrating improved technology. The program shall
be informed by the technologies, monitoring methods, and
mitigation protocols developed pursuant to the pilot program
required in subsection (b).
(b) Pilot Project.--In carrying out subsection (a), the
Administrator shall first establish a pilot monitoring and
mitigation project for North Atlantic right whales for the
purposes of informing a cost-effective, efficient and results-
oriented near real-time monitoring and mitigation program for
large whales.
(1) Pilot project requirements.--In designing and
deploying the monitoring system, the Administrator, in
coordination with the heads of other relevant Federal
departments and agencies, shall, using best available
scientific information, identify and ensure coverage
of--
(A) core foraging habitats of North Atlantic
right whales, including but not limited to--
(i) the ``South of the Islands'' core
foraging habitat;
(ii) the ``Cape Cod Bay Area'' core
foraging habitat;
(iii) the ``Great South Channel''
core foraging habitat; and
(iv) the Gulf of Maine; 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, injury, or
harassment of such whales from vessel strikes,
disturbance from development activities, and
entanglement in commercial fishing gear.
(2) Pilot project monitoring components.--
(A) In general.--Within 3 years after the
date of the enactment of this Act, the
Administrator, in consultation with relevant
Federal agencies, Tribal governments, and with
input from affected stakeholders, shall design
and deploy a real-time monitoring system for
North Atlantic right whales that includes near
real-time monitoring methods, technologies, and
protocols that--
(i) comprise sufficient detection
power, spatial coverage and survey
effort to detect and localize North
Atlantic right whales within core
foraging habitats;
(ii) are capable of detecting North
Atlantic right whales visually,
including during periods of poor
visibility and darkness, and
acoustically;
(iii) take advantage of dynamic
habitat suitability models that help to
discern the likelihood of North
Atlantic right whale occurrence in core
foraging habitat at any given time;
(iv) coordinate with the Integrated
Ocean Observing System to leverage
monitoring assets;
(v) integrate new near real-time
monitoring methods and technologies as
they become available;
(vi) accurately verify and rapidly
communicate detection data; and
(vii) allow for ocean users to
contribute data that is verified to be
collected using comparable near real-
time monitoring methods and
technologies.
(B) National security considerations.--All
monitoring methods, technologies, and protocols
under subparagraph (A) shall be consistent with
national security considerations and interests.
(3) Pilot program mitigation protocols.--The
Secretary shall, in consultation with the Secretary of
Homeland Security, Secretary of Defense, Secretary of
Transportation, and Secretary of the Interior, and with
input from affected stakeholders, develop and deploy
mitigation protocols that make use of the near real-
time monitoring system to direct sector-specific
mitigation measures that avoid and significantly reduce
risk of injury and mortality to North Atlantic right
whales.
(4) Pilot program access to data.--The Administrator
shall provide access to data generated by the
monitoring system for purposes of scientific research
and evaluation, and public awareness and education,
through the NOAA Right Whale Sighting Advisory System
and WhaleMap or other successive public web portals,
subject to review for national security considerations.
(5) Pilot program reporting.--
(A) Interim report.--Not later than two years
after the date of the enactment of this Act,
the Administrator shall submit to the Committee
on Natural Resources of the House of
Representatives, and the Committee on Commerce,
Science and Transportation of the Senate, and
make available to the public, an interim report
that assesses the benefits and efficacy of the
North Atlantic right whale near real-time
monitoring and mitigation pilot program. The
report shall include--
(i) a description of the monitoring
methods and technology in use or
planned for deployment;
(ii) analyses of the efficacy of the
methods and technology in use or
planned for deployment in detecting
North Atlantic right whales both
individually and in combination;
(iii) how the monitoring system is
directly informing and improving
species management and mitigation in
near real-time across ocean sectors
whose activities pose a risk to North
Atlantic right whales;
(iv) a prioritized identification of
gaps in technology or methods requiring
future research and development.
(B) Final report.--Not later than three years
after the date of the enactment of this Act,
the Administrator, in coordination with the
Secretary of Defense and the heads of other
relevant Federal departments and agencies,
shall submit to the Committee on Natural
Resources of the House of Representatives, and
the Committee on Commerce, Science and
Transportation of the Senate, and make
available to the public, a final report,
addressing the components in subparagraph (A)
for the subsequent one year following the
publication of the interim report, and
including the following--
(i) a strategic plan to expand the
pilot program to provide near real-time
monitoring and mitigation measures to
additional large whale species,
including a prioritized plan for
acquisition, deployment, and
maintenance of monitoring technologies,
and the locations or species for which
the plan would apply; and
(ii) a budget and description of
appropriations necessary to carry out
the strategic plan pursuant to the
requirements of clause (i).
(c) Additional Authority.--In carrying out this section,
including, the Administrator may enter into and perform such
contracts, leases, grants, or cooperative agreements as may be
necessary to carry out the purposes of this section on such
terms as the Administrator considers appropriate, consistent
with Federal acquisition regulations.
(d) Reporting.--Not later than one year after the deployment
of the program described in subsection (b) (and after
completion of the reporting requirements pursuant to paragraph
(5) of such subsection), and annually thereafter through 2029,
the Administrator shall submit to the Committee on Natural
Resources of the House of Representatives, and the Committee on
Commerce, Science and Transportation of the Senate, and make
available to the public, a report that assess the benefits and
efficacy of the near real-time monitoring and mitigation
program.
(e) Definitions.--In this section:
(1) The term ``core foraging habitats'' means areas
with biological and physical oceanographic features
that aggregate Calanus finmarchicus and where North
Atlantic right whales foraging aggregations have been
well documented.
(2) The term ``near real-time'' means that visual,
acoustic, or other detections of North Atlantic right
whales are transmitted and reported as soon as
technically feasible, and no longer than 24 hours,
after they have occurred.
(3) The term ``large whale'' means all Mysticeti
species and species within the genera Physeter and
Orcinus.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator, to support development,
deployment, application and ongoing maintenance of the
monitoring system as required by this section, $5,000,000 for
each of fiscal years 2022 through 2026.
SEC. 5406. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE
FROM VESSELS.
(a) In General.--Not later than six months after the date of
the enactment of this Act, the Administrator of the Maritime
Administration shall establish a grant program, to be
administered in consultation with the heads of other
appropriate Federal departments and agencies, to provide
assistance for the development and implementation of new or
improved technologies that quantifiably reduce underwater noise
from marine vessels.
(b) Eligible Uses.--Grants provided under this section may be
used to develop, assess and implement new or improved
technologies that materially reduce underwater noise from
marine vessels.
(c) Outreach.--The Administrator of the Maritime
Administration shall conduct outreach to eligible persons to
provide information on how to apply for assistance under this
section, the benefits of the program under this section, and
facilitation of best practices and lessons learned.
(d) Eligible Entities.--A person shall be eligible for
assistance under this section if the person--
(1) is--
(A) a corporation established under the laws
of the United States;
(B) an individual, partnership, association,
organization or any other combination of
individuals, provided, however, that each such
individual shall be a citizen of the United
States or lawful permanent resident of the
United States or a protected individual as such
term is defined in section 274B(a)(3) of the
Immigration and Nationality Act (9 U.S.C.
1324b(a)(3)); or
(C) an academic or research organization; and
(2) is cleared through the Department of Defense.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator of the Maritime
Administration for carrying out this section, $5,000,000 for
each of fiscal years 2022 through 2026, to remain available
until expended.
SEC. 5407. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES GOVERNMENT
VESSELS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Administrator of the United
States Maritime Administration, in consultation with the
Commandant of the Coast Guard, the Secretary of Defense, the
Secretary of Homeland Security, and the Administrator of the
National Oceanic and Atmospheric Administration, shall submit
to the appropriate committees of Congress and publish, a report
that includes--
(1) an identification of existing unclassified
technologies that reduce underwater noise; and
(2) an evaluation of the effectiveness and
feasibility of incorporating such technologies in the
design, procurement, and construction of non-military
vessels of the United States Government.
(b) Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Environment and Public Works, and the Committee on
Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Homeland
Security, the Committee on Natural Resources; and the
Committee on Transportation and Infrastructure of the
House of Representatives.
----------
15. An Amendment To Be Offered by Representative Slotkin of Michigan or
Her Designee, Debatable for 10 Minutes
Page 125, line 25, before the period at the end insert the
following: ``and complying with section 330 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 2701 note)''.
Page 126, line 11, strike ``the date on which the
Administrator of the Environmental Protection Agency publishes
the final rule specified in subsection (a)(2)'' and insert
``the enactment of this Act''.
Page 126, line 15, insert ``and the Committees on Armed
Services of the Senate and House of Representatives'' after
``Administrator''.
Page 126, line 21, strike ``and''.
Page 126, line 23, strike the period and insert a semicolon.
Page 126, after line 23, insert the following:
(4) details on actions taken by the Department of
Defense to comply with section 330 of the National
Defense Authorization Act for Fiscal Year 2020; and
(5) recommendations for the safe storage of PFAS and
PFAS-containing materials until identified
uncertainties are addressed and appropriate destruction
and disposal technologies can be recommended.
(d) Scope.--The prohibition in subsection (a) and reporting
requirements in subsection (c) shall apply not only to
materials sent directly by the Department of Defense to an
incinerator, but also to materials sent to another entity or
entities, including any waste processing facility,
subcontractor, or fuel blending facility.
Page 126, line 24, strike ``(d)'' and insert ``(e)''.
Page 127, line 4, strike ``legacy''.
At the end of subtitle B of title III, insert the following:
SEC. 3__. REPORT ON AIR FORCE PROGRESS REGARDING CONTAMINATED REAL
PROPERTY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Air Force has contaminated property across
the United States with harmful perfluorooctanoic acid
and perfluorooctane sulfonate chemicals;
(2) perfluorooctanoic acid and perfluorooctane
sulfonate contamination threatens the jobs, lives, and
livelihoods of citizens and livestock who live in
contaminated areas;
(3) property owners, especially those facing severe
financial hardship, cannot wait any longer for the Air
Force to acquire contaminated property; and
(4) the Air Force should, in an expeditious manner,
use the authority under section 344 of the National
Defense Authorization Act 2020 (Public Law 116-92; 10
U.S.C. 2701 note) to acquire contaminated property and
provide relocation assistance.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the progress of the Air
Force in carrying out section 344 of the National Defense
Authorization Act 2020 (Public Law 116-92; 10 U.S.C. 2701
note). Such report shall include--
(1) a detailed description of any real property
contaminated by perfluorooctanoic acid and
perfluorooctane sulfonate by the Air Force;
(2) a description of any progress made by the Air
Force to acquire property or provide relocation
assistance pursuant to such section 344; and
(3) if the Air Force has not acquired property or
provided relocation assistance pursuant to such
section, an explanation of why it has not.
Add at the end of subtitle C of title VII the following new
section:
SEC. 7__. MANDATORY TRAINING ON HEALTH EFFECTS OF PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall provide to each medical
provider of the Department of Defense mandatory training with
respect to the potential health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Add at the end of title LX the following:
SEC. 6___. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS RELEASE
INVENTORY.
Section 7321 of the PFAS Act of 2019 (15 U.S.C. 8921) is
amended--
(1) in subsection (b), by adding at the end the
following:
``(3) Limitation.--Section 372.38 of title 40, Code
of Federal Regulations (or any successor regulation),
shall not apply to a chemical described in paragraph
(1) unless the Administrator, in accordance with
paragraph (2)(B), revises the threshold for reporting
such chemical to 10,000 pounds.'';
(2) in subsection (c), by adding at the end the
following:
``(3) Limitation.--Section 372.38 of title 40, Code
of Federal Regulations (or any successor regulation),
shall not apply to the substances and classes of
substances included in the toxics release inventory
under paragraph (1) unless the Administrator, in
accordance with paragraph (2)(B), revises the threshold
for reporting such substances and class of substances
to 10,000 pounds.''; and
(3) in subsection (d), by adding at the end the
following:
``(4) Limitation.--Section 372.38 of title 40, Code
of Federal Regulations (or any successor regulation),
shall not apply to the substances and classes of
substances described in paragraph (2) unless the
Administrator sets a 10,000 pound reporting threshold
for such substances and classes of substances.''.
SEC. 6___. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.
(a) National Drinking Water Regulations.--Section 1412(b) of
the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) is amended by
adding at the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl
substances.--
``(A) In general.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator shall, after notice and
opportunity for public comment, promulgate a
national primary drinking water regulation for
perfluoroalkyl and polyfluoroalkyl substances,
which shall, at a minimum, include standards
for--
``(i) perfluorooctanoic acid
(commonly referred to as `PFOA'); and
``(ii) perfluorooctane sulfonic acid
(commonly referred to as `PFOS').
``(B) Alternative procedures.--
``(i) In general.--Not later than 1
year after the validation by the
Administrator of an equally effective
quality control and testing procedure
to ensure compliance with the national
primary drinking water regulation
promulgated under subparagraph (A) to
measure the levels described in clause
(ii) or other methods to detect and
monitor perfluoroalkyl and
polyfluoroalkyl substances in drinking
water, the Administrator shall add the
procedure or method as an alternative
to the quality control and testing
procedure described in such national
primary drinking water regulation by
publishing the procedure or method in
the Federal Register in accordance with
section 1401(1)(D).
``(ii) Levels described.--The levels
referred to in clause (i) are--
``(I) the level of a
perfluoroalkyl or
polyfluoroalkyl substance;
``(II) the total levels of
perfluoroalkyl and
polyfluoroalkyl substances; and
``(III) the total levels of
organic fluorine.
``(C) Inclusions.--The Administrator may
include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances on--
``(i) the list of contaminants for
consideration of regulation under
paragraph (1)(B)(i), in accordance with
such paragraph; and
``(ii) the list of unregulated
contaminants to be monitored under
section 1445(a)(2)(B)(i), in accordance
with such section.
``(D) Monitoring.--When establishing
monitoring requirements for public water
systems as part of a national primary drinking
water regulation under subparagraph (A) or
subparagraph (G)(ii), the Administrator shall
tailor the monitoring requirements for public
water systems that do not detect or are
reliably and consistently below the maximum
contaminant level (as defined in section
1418(b)(2)(B)) for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances
subject to the national primary drinking water
regulation.
``(E) Health protection.--The national
primary drinking water regulation promulgated
under subparagraph (A) shall be protective of
the health of subpopulations at greater risk,
as described in section 1458.
``(F) Health risk reduction and cost
analysis.--In meeting the requirements of
paragraph (3)(C), the Administrator may rely on
information available to the Administrator with
respect to one or more specific perfluoroalkyl
or polyfluoroalkyl substances to extrapolate
reasoned conclusions regarding the health risks
and effects of a class of perfluoroalkyl or
polyfluoroalkyl substances of which the
specific perfluoroalkyl or polyfluoroalkyl
substances are a part.
``(G) Regulation of additional substances.--
``(i) Determination.--The
Administrator shall make a
determination under paragraph (1)(A),
using the criteria described in clauses
(i) through (iii) of that paragraph,
whether to include a perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances in the national primary
drinking water regulation under
subparagraph (A) not later than 18
months after the later of--
``(I) the date on which the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances is
listed on the list of
contaminants for consideration
of regulation under paragraph
(1)(B)(i); and
``(II) the date on which--
``(aa) the
Administrator has
received the results of
monitoring under
section 1445(a)(2)(B)
for the perfluoroalkyl
or polyfluoroalkyl
substance or class of
perfluoroalkyl or
polyfluoroalkyl
substances; or
``(bb) the
Administrator has
received reliable water
data or water
monitoring surveys for
the perfluoroalkyl or
polyfluoroalkyl
substance or class of
perfluoroalkyl or
polyfluoroalkyl
substances from a
Federal or State agency
that the Administrator
determines to be of a
quality sufficient to
make a determination
under paragraph (1)(A).
``(ii) Primary drinking water
regulations.--
``(I) In general.--For each
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances that
the Administrator determines to
regulate under clause (i), the
Administrator--
``(aa) not later than
18 months after the
date on which the
Administrator makes the
determination, shall
propose a national
primary drinking water
regulation for the
perfluoroalkyl or
polyfluoroalkyl
substance or class of
perfluoroalkyl or
polyfluoroalkyl
substances; and
``(bb) may publish
the proposed national
primary drinking water
regulation described in
item (aa) concurrently
with the publication of
the determination to
regulate the
perfluoroalkyl or
polyfluoroalkyl
substance or class of
perfluoroalkyl or
polyfluoroalkyl
substances.
``(II) Deadline.--
``(aa) In general.--
Not later than 1 year
after the date on which
the Administrator
publishes a proposed
national primary
drinking water
regulation under clause
(i)(I) and subject to
item (bb), the
Administrator shall
take final action on
the proposed national
primary drinking water
regulation.
``(bb) Extension.--
The Administrator, on
publication of notice
in the Federal
Register, may extend
the deadline under item
(aa) by not more than 6
months.
``(H) Health advisory.--
``(i) In general.--Subject to clause
(ii), the Administrator shall publish a
health advisory under paragraph (1)(F)
for a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances not subject
to a national primary drinking water
regulation not later than 1 year after
the later of--
``(I) the date on which the
Administrator finalizes a
toxicity value for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; and
``(II) the date on which the
Administrator validates an
effective quality control and
testing procedure for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances.
``(ii) Waiver.--The Administrator may
waive the requirements of clause (i)
with respect to a perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl and polyfluoroalkyl
substances if the Administrator
determines that there is a substantial
likelihood that the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking
water with sufficient frequency to
justify the publication of a health
advisory, and publishes such
determination, including the
information and analysis used, and
basis for, such determination, in the
Federal Register.''.
(b) Enforcement.--Notwithstanding any other provision of law,
the Administrator of the Environmental Protection Agency may
not impose financial penalties for the violation of a national
primary drinking water regulation (as defined in section 1401
of the Safe Drinking Water Act (42 U.S.C. 300f)) with respect
to a perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances for which a
national primary drinking water regulation has been promulgated
under section 1412(b)(16) of the Safe Drinking Water Act
earlier than the date that is 5 years after the date on which
the Administrator promulgates the national primary drinking
water regulation.
SEC. 6___. PFAS DATA CALL.
Section 8(a)(7) of the Toxic Substances Control Act (15
U.S.C. 2607(a)(7)) is amended by inserting ``that contains at
least one fully fluorinated carbon atom,'' after
``perfluoroalkyl or polyfluoroalkyl substance''.
SEC. 6___. EPA REQUIREMENT FOR SUBMISSION OF ANALYTICAL REFERENCE
STANDARDS FOR PFAS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall require each covered entity to submit
to the Administrator an analytical reference standard for each
perfluoroalkyl or polyfluoroalkyl substance with at least one
fully fluorinated carbon atom manufactured by the covered
entity after the date that is 10 years prior to the date of
enactment of this Act.
(b) Uses.--The Administrator may--
(1) use an analytical reference standard submitted
under this section only for--
(A) the development of information,
protocols, and methodologies, which may be
carried out by an entity determined appropriate
by the Administrator; and
(B) activities relating to the implementation
or enforcement of Federal requirements; and
(2) provide an analytical reference standard
submitted under this section to a State, to be used
only for--
(A) the development of information,
protocols, and methodologies, which may be
carried out by an entity determined appropriate
by the State; and
(B) activities relating to the implementation
or enforcement of State requirements.
(c) Prohibition.--No person receiving an analytical reference
standard submitted under this section may use or transfer the
analytical reference standard for a commercial purpose.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(2) Covered entity.--The term ``covered entity''
means a manufacturer of a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully
fluorinated carbon atom.
(3) Manufacture; state.--The terms ``manufacture''
and ``State'' have the meanings given those terms in
section 3 of the Toxic Substances Control Act (15
U.S.C. 2602).
----------
16. An Amendment To Be Offered by Representative Degette of Colorado or
Her Designee, Debatable for 10 Minutes
After title LIII of division E, insert the following new
title:
TITLE LIV--WILDERNESS AND PUBLIC LANDS
Subtitle A--Colorado Wilderness
SEC. 101. SECRETARY DEFINED.
As used in this subtitle, the term ``Secretary'' means the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE
STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act
of 1993 (Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note)
is amended by adding at the end the following paragraphs:
``(23) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 316 acres, as generally
depicted on a map titled `Maroon Bells Addition
Proposed Wilderness', dated July 20, 2018, which is
hereby incorporated in and shall be deemed to be a part
of the Maroon Bells-Snowmass Wilderness Area designated
by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field
Office of the Bureau of Land Management, which comprise
approximately 38,217 acres, as generally depicted on a
map titled `Redcloud & Handies Peak Proposed
Wilderness', dated October 9, 2019, which shall be
known as the Redcloud Peak Wilderness.
``(25) Certain lands managed by the Gunnison Field
Office of the Bureau of Land Management or located in
the Grand Mesa, Uncompahgre, and Gunnison National
Forests, which comprise approximately 26,734 acres, as
generally depicted on a map titled `Redcloud & Handies
Peak Proposed Wilderness', dated October 9, 2019, which
shall be known as the Handies Peak Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a
map titled `Table Mountain & McIntyre Hills Proposed
Wilderness', dated November 7, 2019, which shall be
known as the McIntyre Hills Wilderness.
``(27) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 10,282 acres, as generally
depicted on a map titled `Grand Hogback Proposed
Wilderness', dated October 16, 2019, which shall be
known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction
Field Office of the Bureau of Land Management, which
comprise approximately 25,624 acres, as generally
depicted on a map titled `Demaree Canyon Proposed
Wilderness', dated October 9, 2019, which shall be
known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction
Field Office of the Bureau of Land Management, which
comprise approximately 28,279 acres, as generally
depicted on a map titled `Little Books Cliff Proposed
Wilderness', dated October 9, 2019, which shall be
known as the Little Bookcliffs Wilderness.
``(30) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 14,886 acres, as generally
depicted on a map titled `Bull Gulch & Castle Peak
Proposed Wilderness', dated January 29, 2020, which
shall be known as the Bull Gulch Wilderness.
``(31) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 12,016 acres, as generally
depicted on a map titled `Bull Gulch & Castle Peak
Proposed Wilderness Areas', dated January 29, 2020,
which shall be known as the Castle Peak Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the
United States Forest Service are hereby designated as
wilderness and, therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management or
located in the White River National Forest, which
comprise approximately 19,240 acres, as generally
depicted on a map titled ``Assignation Ridge Proposed
Wilderness'', dated November 12, 2019, which shall be
known as the Assignation Ridge Wilderness.
(2) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or located in
the Pike and San Isabel National Forests, which
comprise approximately 23,116 acres, as generally
depicted on a map titled ``Badger Creek Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or located in
the Pike and San Isabel National Forests, which
comprise approximately 35,251 acres, as generally
depicted on a map titled ``Beaver Creek Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or the Bureau
of Reclamation or located in the Pike and San Isabel
National Forests, which comprise approximately 32,884
acres, as generally depicted on a map titled ``Grape
Creek Proposed Wilderness'', dated November 7, 2019,
which shall be known as the Grape Creek Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a
map titled ``North & South Bangs Canyon Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the North Bangs Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a
map titled ``North & South Bangs Canyon Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the South Bangs Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a
map titled ``Unaweep & Palisade Proposed Wilderness'',
dated October 9, 2019, which shall be known as The
Palisade Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in
the Grand Mesa, Uncompaghre, and Gunnison National
Forests, which comprise approximately 19,776 acres, as
generally depicted on a map titled ``Unaweep & Palisade
Proposed Wilderness'', dated October 9, 2019, which
shall be known as the Unaweep Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre
Field Office of the Bureau of Land Management and in
the Manti-LaSal National Forest, which comprise
approximately 37,637 acres, as generally depicted on a
map titled ``Sewemup Mesa Proposed Wilderness'', dated
November 7, 2019, which shall be known as the Sewemup
Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field
Office of the Bureau of Land Management, which comprise
approximately 31 acres, as generally depicted on a map
titled ``Platte River Addition Proposed Wilderness'',
dated July 20, 2018, and which are hereby incorporated
in and shall be deemed to be part of the Platte River
Wilderness designated by Public Law 98-550.
(11) Certain lands managed by the Uncompahgre Field
Office of the Bureau of Land Management, which comprise
approximately 17,587 acres, as generally depicted on a
map titled ``Roubideau Proposed Wilderness'', dated
October 9, 2019, which shall be known as the Roubideau
Wilderness.
(12) Certain lands managed by the Uncompahgre Field
Office of the Bureau of Land Management or located in
the Grand Mesa, Uncompaghre, and Gunnison National
Forests, which comprise approximately 12,102 acres, as
generally depicted on a map titled ``Norwood Canyon
Proposed Wilderness'', dated November 7, 2019, which
shall be known as the Norwood Canyon Wilderness.
(13) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management, which comprise
approximately 24,475 acres, as generally depicted on a
map titled ``Papoose & Cross Canyon Proposed
Wilderness'', and dated January 29, 2020, which shall
be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management, which comprise
approximately 21,220 acres, as generally depicted on a
map titled ``McKenna Peak Proposed Wilderness'', dated
October 16, 2019, which shall be known as the McKenna
Peak Wilderness.
(15) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management, which comprise
approximately 14,270 acres, as generally depicted on a
map titled ``Weber-Menefee Mountain Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the Weber-Menefee Mountain Wilderness.
(16) Certain lands managed by the Uncompahgre and
Tres Rios Field Offices of the Bureau of Land
Management or the Bureau of Reclamation, which comprise
approximately 33,351 acres, as generally depicted on a
map titled ``Dolores River Canyon Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or located in
the Pike and San Isabel National Forests, which
comprise approximately 17,922 acres, as generally
depicted on a map titled ``Browns Canyon Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field
Office of the Bureau of Land Management, which comprise
approximately 10,527 acres, as generally depicted on a
map titled ``San Luis Hills Proposed Wilderness'',
dated October 9, 2019 which shall be known as the San
Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 23,559 acres, as generally depicted on a
map titled ``Table Mountain & McIntyre Hills Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management or located in
the San Juan National Forest, which comprise
approximately 10,844 acres, as generally depicted on a
map titled ``North & South Ponderosa Gorge Proposed
Wilderness'', and dated January 31, 2020, which shall
be known as the North Ponderosa Gorge Wilderness.
(21) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management or located in
the San Juan National Forest, which comprise
approximately 12,393 acres, as generally depicted on a
map titled ``North & South Ponderosa Gorge Proposed
Wilderness'', and dated January 31, 2020 which shall be
known as the South Ponderosa Gorge Wilderness.
(22) Certain lands managed by the Little Snake Field
Office of the Bureau of Land Management which comprise
approximately 33,168 acres, as generally depicted on a
map titled ``Diamond Breaks Proposed Wilderness'', and
dated February 4, 2020 which shall be known as the
Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management which comprises
approximately 4,782 acres, as generally depicted on the
map titled ``Papoose & Cross Canyon Proposed
Wilderness'''', and dated January 29, 2020 which shall
be known as the Papoose Canyon Wilderness.
(c) West Elk Addition.--Certain lands in the State of
Colorado administered by the Gunnison Field Office of the
Bureau of Land Management, the United States National Park
Service, and the Bureau of Reclamation, which comprise
approximately 6,695 acres, as generally depicted on a map
titled ``West Elk Addition Proposed Wilderness'', dated October
9, 2019, are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System and
are hereby incorporated in and shall be deemed to be a part of
the West Elk Wilderness designated by Public Law 88-577. The
boundary adjacent to Blue Mesa Reservoir shall be 50 feet
landward from the water's edge, and shall change according to
the water level.
(d) Maps and Descriptions.--As soon as practicable after the
date of enactment of the Act, the Secretary shall file a map
and a boundary description of each area designated as
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate. Each map and
boundary description 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
boundary description. The maps and boundary descriptions shall
be on file and available for public inspection in the Office of
the Director of the Bureau of Land Management, Department of
the Interior, and in the Office of the Chief of the Forest
Service, Department of Agriculture, as appropriate.
(e) State and Private Lands.--Lands within the exterior
boundaries of any wilderness area designated under this section
that are owned by a private entity or by the State of Colorado,
including lands administered by the Colorado State Land Board,
shall be included within such wilderness area if such lands are
acquired by the United States. Such lands may be acquired by
the United States only as provided in the Wilderness Act (16
U.S.C. 1131 et seq.).
SEC. 103. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands
designated as wilderness by this subtitle shall be managed by
the Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this subtitle, except that, with respect to
any wilderness areas designated by this subtitle, any reference
in the Wilderness Act to the effective date of the Wilderness
Act shall be deemed to be a reference to the date of enactment
of this subtitle.
(b) Grazing.--Grazing of livestock in wilderness areas
designated by this subtitle shall be administered in accordance
with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)), as further interpreted by section 108
of Public Law 96-560, and the guidelines set forth in appendix
A of House Report 101-405 of the 101st Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle shall be construed as affecting the jurisdiction or
responsibilities of the State of Colorado with respect to
wildlife and fish in Colorado.
(d) Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around any area
designated as wilderness by this subtitle.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this subtitle can be seen or heard within
the wilderness shall not preclude the activity or use
outside the boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this subtitle restricts
or precludes--
(A) low-level overflights of military
helicopters over the areas designated as
wilderness by this subtitle, including military
overflights that can be seen or heard within
any wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units
of special use airspace, or the establishment
of military flight training routes over any
wilderness area; or
(D) helicopter operations at designated
landing zones within the potential wilderness
areas established by subsection (i)(1).
(2) Aerial navigation training exercises.--The
Colorado Army National Guard, through the High-Altitude
Army National Guard Aviation Training Site, may conduct
aerial navigation training maneuver exercises over, and
associated operations within, the potential wilderness
areas designated by this subtitle--
(A) in a manner and degree consistent with
the memorandum of understanding dated August 4,
1987, entered into among the Colorado Army
National Guard, the Bureau of Land Management,
and the Forest Service; or
(B) in a manner consistent with any
subsequent memorandum of understanding entered
into among the Colorado Army National Guard,
the Bureau of Land Management, and the Forest
Service.
(f) Running Events.--The Secretary may continue to authorize
competitive running events currently permitted in the Redcloud
Peak Wilderness Area and Handies Peak Wilderness Area in a
manner compatible with the preservation of such areas as
wilderness.
(g) Land Trades.--If the Secretary trades privately owned
land within the perimeter of the Redcloud Peak Wilderness Area
or the Handies Peak Wilderness Area in exchange for Federal
land, then such Federal land shall be located in Hinsdale
County, Colorado.
(h) Recreational Climbing.--Nothing in this subtitle
prohibits recreational rock climbing activities in the
wilderness areas, such as the placement, use, and maintenance
of fixed anchors, including any fixed anchor established before
the date of the enactment of this subtitle--
(1) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated
as potential wilderness areas:
(A) Certain lands managed by the Colorado
River Valley Field Office of the Bureau of Land
Management, which comprise approximately 7,376
acres, as generally depicted on a map titled
``Pisgah East & West Proposed Wilderness'' and
dated October 16, 2019, which, upon designation
as wilderness under paragraph (2), shall be
known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado
River Valley Field Office of the Bureau of Land
Management, which comprise approximately 6,828
acres, as generally depicted on a map titled
``Pisgah East & West Proposed Wilderness'' and
dated October 16, 2019, which, upon designation
as wilderness under paragraph (2), shall be
known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado
River Valley Field Office of the Bureau of Land
Management or located in the White River
National Forest, which comprise approximately
16,101 acres, as generally depicted on a map
titled ``Flat Tops Proposed Wilderness
Addition'', dated October 9, 2019, and which,
upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be
deemed to be a part of the Flat Tops Wilderness
designated by Public Law 94-146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through
(C) of paragraph (1) shall be designated as wilderness
on the date on which the Secretary publishes in the
Federal Register a notice that all nonconforming uses
of those lands authorized by subsection (e) in the
potential wilderness area that would be in violation of
the Wilderness Act (16 U.S.C. 1131 et seq.) have
ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness
is not dependent on cessation of nonconforming uses in
the other potential wilderness area.
(3) Management.--Except for activities provided for
under subsection (e), lands designated as a potential
wilderness area by paragraph (1) shall be managed by
the Secretary in accordance with the Wilderness Act as
wilderness pending the designation of such lands as
wilderness under this subsection.
SEC. 104. WATER.
(a) Effect on Water Rights.--Nothing in this subtitle--
(1) affects the use or allocation, in existence on
the date of enactment of this subtitle, of any water,
water right, or interest in water;
(2) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this subtitle, including any water right
held by the United States;
(3) affects any interstate water compact in existence
on the date of enactment of this subtitle;
(4) authorizes or imposes any new reserved Federal
water rights; and
(5) shall be considered to be a relinquishment or
reduction of any water rights reserved or appropriated
by the United States in the State of Colorado on or
before the date of the enactment of this subtitle.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to
protect for the benefit and enjoyment of present and
future generations--
(A) the unique and nationally important
values of areas designated as wilderness by
section 102(b) (including the geological,
cultural, archaeological, paleontological,
natural, scientific, recreational,
environmental, biological, wilderness,
wildlife, riparian, historical, educational,
and scenic resources of the public land); and
(B) the water resources of area streams,
based on seasonally available flows, that are
necessary to support aquatic, riparian, and
terrestrial species and communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure
that any water rights within the wilderness
designated by section 102(b) required to
fulfill the purposes of such wilderness are
secured in accordance with subparagraphs (B)
through (G).
(B) State law.--
(i) Procedural requirements.--Any
water rights for which the Secretary
pursues adjudication shall be
appropriated, adjudicated, changed, and
administered in accordance with the
procedural requirements and priority
system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as
provided in subclause (II), the
purposes and other substantive
characteristics of the water
rights pursued under this
paragraph shall be established
in accordance with State law.
(II) Exception.--
Notwithstanding subclause (I)
and in accordance with this
subtitle, the Secretary may
appropriate and seek
adjudication of water rights to
maintain surface water levels
and stream flows on and across
the wilderness designated by
section 102(b) to fulfill the
purposes of such wilderness.
(C) Deadline.--The Secretary shall promptly
appropriate the water rights required to
fulfill the purposes of the wilderness
designated by section 102(b).
(D) Required determination.--The Secretary
shall not pursue adjudication for any instream
flow water rights unless the Secretary makes a
determination pursuant to subparagraph (E)(ii)
or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall
not pursue adjudication of any Federal
instream flow water rights established
under this paragraph if--
(I) the Secretary determines,
upon adjudication of the water
rights by the Colorado Water
Conservation Board, that the
Board holds water rights
sufficient in priority, amount,
and timing to fulfill the
purposes of this subsection;
and
(II) the Secretary has
entered into a perpetual
agreement with the Colorado
Water Conservation Board to
ensure full exercise,
protection, and enforcement of
the State water rights within
the wilderness to reliably
fulfill the purposes of this
subsection.
(ii) Adjudication.--If the Secretary
determines that the provisions of
clause (i) have not been met, the
Secretary shall adjudicate and exercise
any Federal water rights required to
fulfill the purposes of the wilderness
in accordance with this paragraph.
(F) Insufficient water rights.--If the
Colorado Water Conservation Board modifies the
instream flow water rights obtained under
subparagraph (E) to such a degree that the
Secretary determines that water rights held by
the State are insufficient to fulfill the
purposes of this subtitle, the Secretary shall
adjudicate and exercise Federal water rights
required to fulfill the purposes of this
subtitle in accordance with subparagraph (B).
(G) Failure to comply.--The Secretary shall
promptly act to exercise and enforce the water
rights described in subparagraph (E) if the
Secretary determines that--
(i) the State is not exercising its
water rights consistent with
subparagraph (E)(i)(I); or
(ii) the agreement described in
subparagraph (E)(i)(II) is not
fulfilled or complied with sufficiently
to fulfill the purposes of this
subtitle.
(3) Water resource facility.--Notwithstanding any
other provision of law, beginning on 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 development of any new irrigation
and pumping facility, reservoir, water conservation
work, aqueduct, canal, ditch, pipeline, well,
hydropower project, transmission, other ancillary
facility, or other water, diversion, storage, or
carriage structure in the wilderness designated by
section 102(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, 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.
(2) Access to water resource facilities.--Subject to
the provisions of this subsection, the Secretary shall
allow reasonable access to water resource facilities in
existence on the date of enactment of this subtitle
within the areas described in sections 102(b) and
102(c), including motorized access where necessary and
customarily employed on routes existing as of the date
of enactment of this subtitle.
(3) Access routes.--Existing access routes within
such areas customarily employed as of the date of
enactment of this subtitle may be used, maintained,
repaired, and replaced to the extent necessary to
maintain their present function, design, and
serviceable operation, so long as such activities have
no increased adverse impacts on the resources and
values of the areas described in sections 102(b) and
102(c) than existed as of the date of enactment of this
subtitle.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4),
the Secretary shall allow water resource facilities
existing on the date of enactment of this subtitle
within areas described in sections 102(b) and 102(c) to
be used, operated, maintained, repaired, and replaced
to the extent necessary for the continued exercise, in
accordance with Colorado State law, of vested water
rights adjudicated for use in connection with such
facilities by a court of competent jurisdiction prior
to the date of enactment of this subtitle. The impact
of an existing facility on the water resources and
values of the area shall not be increased as a result
of changes in the adjudicated type of use of such
facility as of the date of enactment of this subtitle.
(5) Repair and maintenance.--Water resource
facilities, and access routes serving such facilities,
existing within the areas described in sections 102(b)
and 102(c) on the date of enactment of this subtitle
shall be maintained and repaired when and to the extent
necessary to prevent increased adverse impacts on the
resources and values of the areas described in sections
102(b) and 102(c).
SEC. 105. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training
on Federal public lands in Colorado, 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.
SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION OF
WILDERNESS DESIGNATIONS IN THE WESTERN UNITED
STATES WOULD HAVE ON THE READINESS OF THE ARMED
FORCES OF THE UNITED STATES WITH RESPECT TO
AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct a
study on the impacts that the expansion of wilderness
designations in the Western United States would have on the
readiness of the Armed Forces of the United States with respect
to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this subtitle, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the study required under subsection
(a).
Subtitle B--Northwest California Wilderness, Recreation, and Working
Forests
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the
jurisdiction of the Secretary of Agriculture,
the Secretary of Agriculture; and
(B) with respect to land under the
jurisdiction of the Secretary of the Interior,
the Secretary of the Interior.
(2) State.--The term ``State'' means the State of
California.
PART 1--RESTORATION AND ECONOMIC DEVELOPMENT
SEC. 211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term
``collaboratively developed'' means projects that are
developed and implemented through a collaborative
process that--
(A) includes--
(i) appropriate Federal, State, and
local agencies; and
(ii) multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a
forested area that has been artificially established by
planting or seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that
has been degraded, damaged, or destroyed by
establishing the composition, structure, pattern, and
ecological processes necessary to facilitate
terrestrial and aquatic ecosystem sustainability,
resilience, and health under current and future
conditions.
(4) Restoration area.--The term ``restoration area''
means the South Fork Trinity-Mad River Restoration
Area, established by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel
break'' means a vegetation treatment that effectively
addresses all project-generated slash and that retains:
adequate canopy cover to suppress plant regrowth in the
forest understory following treatment; the longest
lived trees that provide the most shade over the
longest period of time; the healthiest and most
vigorous trees with the greatest potential for crown-
growth in plantations and in natural stands adjacent to
plantations; and all mature hardwoods, when
practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into
under section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-
urban interface'' has the meaning given the term by
section 101 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there
is established the South Fork Trinity-Mad River Restoration
Area, comprising approximately 871,414 acres of Federal land
administered by the Forest Service and Bureau of Land
Management, as generally depicted on the map entitled ``South
Fork Trinity-Mad River Restoration Area'' and dated May 15,
2020, to be known as the South Fork Trinity-Mad River
Restoration Area.
(c) Purposes.--The purposes of the restoration area are to--
(1) establish, restore, and maintain fire-resilient
forest structures containing late successional forest
structure characterized by large trees and multistoried
canopies, as ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within
the restoration area;
(4) reduce the threat posed by wildfires to
communities within the restoration area;
(5) protect and restore aquatic habitat and
anadromous fisheries;
(6) protect the quality of water within the
restoration area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the
restoration area.
(d) Management.--
(1) In general.--The Secretary shall manage the
restoration area--
(A) in a manner consistent with the purposes
described in subsection (c);
(B) in a manner that--
(i) in the case of the Forest
Service, prioritizes restoration of the
restoration area over other
nonemergency vegetation management
projects on the portions of the Six
Rivers and Shasta-Trinity National
Forests in Humboldt and Trinity
Counties; and
(ii) in the case of the United States
Fish and Wildlife Service, establishes
with the Forest Service an agreement
for cooperation to ensure timely
completion of consultation required by
section 7 of the Endangered Species Act
(15 U.S.C. 1536) on restoration
projects within the restoration area
and agreement to maintain and exchange
information on planning schedules and
priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations)
and rules applicable to the National
Forest System for land managed by the
Forest Service;
(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.) for land managed by the Bureau
of Land Management;
(iii) this subtitle; and
(iv) any other applicable law
(including regulations); and
(D) in a manner consistent with congressional
intent that consultation for restoration
projects within the restoration area is
completed in a timely and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the
restoration area shall not change the
management status of any land or water that is
designated wilderness or as a wild and scenic
river, including lands and waters designated by
this subtitle.
(B) Resolution of conflict.--If there is a
conflict between the laws applicable to the
areas described in subparagraph (A) and this
section, the more restrictive provision shall
control.
(3) Uses.--
(A) In general.--The Secretary shall only
allow uses of the restoration area that the
Secretary determines would further the purposes
described in subsection (c).
(B) Priority.--The Secretary shall prioritize
restoration activities within the restoration
area.
(C) Limitation.--Nothing in this section
shall limit the Secretary's ability to plan,
approve, or prioritize activities outside of
the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section
prohibits the Secretary, in cooperation with
other Federal, State, and local agencies, as
appropriate, from conducting wildland fire
operations in the restoration area, consistent
with the purposes of this section.
(B) Priority.--The Secretary may use
prescribed burning and managed wildland fire to
the fullest extent practicable to achieve the
purposes of this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable,
the Secretary shall decommission unneeded
National Forest System roads identified for
decommissioning and unauthorized roads
identified for decommissioning within the
restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis
required by subparts A and B of part
212 of title 36, Code of Federal
Regulations; and
(iii) in accordance with existing
law.
(B) Additional requirement.--In making
determinations regarding road decommissioning
under subparagraph (A), the Secretary shall
consult with--
(i) appropriate State, Tribal, and
local governmental entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A),
the term ``decommission'' means--
(i) to reestablish vegetation on a
road; and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or
adversely impacted by the road by
removing or hydrologically
disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs
(B), (C), and (D), the Secretary may conduct
vegetation management projects in the
restoration area only where necessary to--
(i) maintain or restore the
characteristics of ecosystem
composition and structure;
(ii) reduce wildfire risk to
communities by promoting forests that
are fire resilient;
(iii) improve the habitat of
threatened, endangered, or sensitive
species;
(iv) protect or improve water
quality; or
(v) enhance the restoration of lands
within the restoration area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying
out subparagraph (A), the Secretary
shall prioritize, as practicable, the
establishment of a network of shaded
fuel breaks within--
(I) the portions of the
wildland-urban interface that
are within 150 feet from
private property contiguous to
Federal land;
(II) 150 feet from any road
that is open to motorized
vehicles as of the date of
enactment of this subtitle--
(aa) except that,
where topography or
other conditions
require, the Secretary
may establish shaded
fuel breaks up to 275
feet from a road so
long as the combined
total width of the
shaded fuel breaks for
both sides of the road
does not exceed 300
feet; and
(bb) provided that
the Secretary shall
include vegetation
treatments within a
minimum of 25 feet of
the road where
practicable, feasible,
and appropriate as part
of any shaded fuel
break; or
(III) 150 feet of any
plantation.
(ii) Plantations; riparian
reserves.--The Secretary may undertake
vegetation management projects--
(I) in areas within the
restoration area in which fish
and wildlife habitat is
significantly compromised as a
result of past management
practices (including
plantations); and
(II) within designated
riparian reserves only where
necessary to maintain the
integrity of fuel breaks and to
enhance fire resilience.
(C) Compliance.--The Secretary shall carry
out vegetation management projects within the
restoration area--
(i) in accordance with--
(I) this section; and
(II) existing law (including
regulations);
(ii) after providing an opportunity
for public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary
shall use the best available science in
planning and implementing vegetation management
projects within the restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of
livestock in the restoration area, where
established before the date of enactment of
this subtitle, shall be permitted to continue--
(i) subject to--
(I) such reasonable
regulations, policies, and
practices as the Secretary
considers necessary; and
(II) applicable law
(including regulations); and
(ii) in a manner consistent with the
purposes described in subsection (c).
(B) Targeted new grazing.--The Secretary may
issue annual targeted grazing permits for the
grazing of livestock in the restoration area,
where not established before the date of the
enactment of this subtitle, to control noxious
weeds, aid in the control of wildfire within
the wildland-urban interface, or to provide
other ecological benefits subject to--
(i) such reasonable regulations,
policies, and practices as the
Secretary considers necessary; and
(ii) a manner consistent with the
purposes described in subsection (c).
(C) Best available science.--The Secretary
shall use the best available science when
determining whether to issue targeted grazing
permits within the restoration area.
(e) Withdrawal.--Subject to valid existing rights, the
restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this
section; and
(2) use revenue derived from such stewardship
contracts for restoration and other activities within
the restoration area which shall include staff and
administrative costs to support timely consultation
activities for restoration projects.
(g) Collaboration.--In developing and implementing
restoration projects in the restoration area, the Secretary
shall consult with collaborative groups with an interest in the
restoration area.
(h) Environmental Review.--A collaboratively developed
restoration project within the restoration area may be carried
out in accordance with the provisions for hazardous fuel
reduction projects set forth in sections 104, 105, and 106 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514-
6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture
shall--
(1) in collaboration with the Secretary of the
Interior and interested persons, use a multiparty
monitoring, evaluation, and accountability process to
assess the positive or negative ecological, social, and
economic effects of restoration projects within the
restoration area; and
(2) incorporate the monitoring results into the
management of the restoration area.
(j) Funding.--The Secretary shall use all existing
authorities to secure as much funding as necessary to fulfill
the purposes of the restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary
may utilize forest residues from restoration projects,
including shaded fuel breaks, in the restoration area
for research and development of biobased products that
result in net carbon sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with
universities, nongovernmental organizations, industry,
Tribes, and Federal, State, and local governmental
agencies.
SEC. 212. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior is
authorized to undertake initiatives to restore degraded redwood
forest ecosystems in Redwood National and State Parks in
partnership with the State of California, local agencies, and
nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized by
subsection (a), the Secretary of the Interior shall comply with
all applicable law.
SEC. 213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership,
established by subsection (b).
(2) Priority lands.--The term ``priority lands''
means Federal land within the State that is determined
by the partnership to be a high priority for
remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have
been degraded, damaged, or destroyed by illegal
marijuana cultivation or another illegal activity.
Remediation includes but is not limited to removal of
trash, debris, and other material, and establishing the
composition, structure, pattern, and ecological
processes necessary to facilitate terrestrial and
aquatic ecosystem sustainability, resilience, and
health under current and future conditions.
(b) Establishment.--There is hereby established a California
Public Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State,
Tribal, and local authorities, and the private sector,
in the remediation of priority lands in the State
affected by illegal marijuana cultivation or other
illegal activities; and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation
activities on priority lands in the State.
(d) Membership.--The members of the partnership shall include
the following:
(1) The Secretary of Agriculture, or a designee of
the Secretary of Agriculture to represent the Forest
Service.
(2) The Secretary of the Interior, or a designee of
the Secretary of the Interior, to represent the United
States Fish and Wildlife Service, Bureau of Land
Management, and National Park Service.
(3) The Director of the Office of National Drug
Control Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources
Agency, or a designee of the Secretary, to represent
the California Department of Fish and Wildlife.
(5) A designee of the California State Water
Resources Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized
Indian Tribes, to be appointed by the Secretary of
Agriculture.
(8) One member to represent nongovernmental
organizations with an interest in Federal land
remediation, to be appointed by the Secretary of
Agriculture.
(9) One member to represent local governmental
interests, to be appointed by the Secretary of
Agriculture.
(10) A law enforcement official from each of the
following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on
methods needed for remediation efforts, to be appointed
by the Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug
Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the
State;
(2) secure resources from Federal and non-Federal
sources to apply to remediation of priority lands in
the State;
(3) support efforts by Federal, State, Tribal, and
local agencies, and nongovernmental organizations in
carrying out remediation of priority lands in the
State;
(4) support research and education on the impacts of,
and solutions to, illegal marijuana cultivation and
other illegal activities on priority lands in the
State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public
in remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions
as necessary to address remediation of priority lands
in the State.
(f) Authorities.--To implement this section, the partnership
may, subject to the prior approval of the Secretary of
Agriculture--
(1) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other
persons;
(2) enter into cooperative agreements with, or
provide grants or technical assistance to, the State,
political subdivisions of the State, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source,
including Federal and non-Federal funds, and funds and
services provided under any other Federal law or
program;
(5) contract for goods or services; and
(6) support activities of partners and any other
activities that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules
and procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum
extent practicable and in accordance with existing law, give
preference to local entities and persons when carrying out this
section.
(i) Service Without Compensation.--Members of the partnership
shall serve without pay.
(j) Duties and Authorities of the Secretary of Agriculture.--
(1) In general.--The Secretary of Agriculture shall
convene the partnership on a regular basis to carry out
this section.
(2) Technical and financial assistance.--The
Secretary of Agriculture and Secretary of the Interior
may provide technical and financial assistance, on a
reimbursable or nonreimbursable basis, as determined by
the appropriate Secretary, to the partnership or any
members of the partnership to carry out this subtitle.
(3) Cooperative agreements.--The Secretary of
Agriculture and Secretary of the Interior may enter
into cooperative agreements with the partnership, any
members of the partnership, or other public or private
entities to provide technical, financial, or other
assistance to carry out this subtitle.
SEC. 214. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting through
the Chief of the Forest Service, may establish, in cooperation
with any other public or private entities that the Secretary
may determine to be appropriate, a visitor center in
Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of the Whiskeytown-Shasta-
Trinity National Recreation Area and other nearby Federal
lands.
(c) Cooperative Agreements.--The Secretary of Agriculture
may, in a manner consistent with this subtitle, enter into
cooperative agreements with the State and any other appropriate
institutions and organizations to carry out the purposes of
this section.
SEC. 215. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary
of the Interior, acting jointly or separately, may establish,
in cooperation with any other public or private entities that
the Secretaries determine to be appropriate, a visitor center
in Del Norte County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National
Recreation Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of Redwood National and
State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 216. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource management
plan for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino
National Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-
Mad River Restoration Area established by section 211;
and
(2) include or update the fire management plan for
the wilderness areas and wilderness additions
established by this subtitle.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in
accordance with--
(A) the Guidance for Implementation of
Federal Wildland Fire Management Policy dated
February 13, 2009, including any amendments to
that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire
can be used to achieve ecological management
objectives of wilderness and other natural or
primitive areas; and
(B) in the case of a wilderness area expanded
by section 231, provides consistent direction
regarding fire management to the entire
wilderness area, including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public; and
(4) comply with applicable laws (including
regulations).
SEC. 217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation
with interested Federal, State, Tribal, and local entities, and
private and nonprofit organizations, shall conduct a study to
evaluate the feasibility and suitability of establishing
overnight accommodations near Redwood National and State Parks
on--
(1) Federal land at the northern boundary or on land
within 20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land
within 20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted
under subsection (a) determines that establishing the
described accommodations is suitable and feasible, the
Secretary may enter into agreements with qualified
private and nonprofit organizations for the
development, operation, and maintenance of overnight
accommodations.
(2) Contents.--Any agreements entered into under
paragraph (1) shall clearly define the role and
responsibility of the Secretary and the private or
nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements
under paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of
the Secretary to manage land and resources
under the jurisdiction of the Secretary; or
(B) amends or modifies the application of any
existing law (including regulations) applicable
to land under the jurisdiction of the
Secretary.
PART 2--RECREATION
SEC. 221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Horse Mountain Special Management Area
(referred to in this section as the ``special management
area'') comprising approximately 7,482 acres of Federal land
administered by the Forest Service in Humboldt County,
California, as generally depicted on the map entitled ``Horse
Mountain Special Management Area'' and dated May 15, 2020.
(b) Purposes.--The purpose of the special management area is
to enhance the recreational and scenic values of the special
management area while conserving the plants, wildlife, and
other natural resource values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the
date of enactment of this subtitle and in accordance
with paragraph (2), the Secretary shall develop a
comprehensive plan for the long-term management of the
special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall
consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan
required under paragraph (1) shall ensure that
recreational use within the special management area
does not cause significant adverse impacts on the
plants and wildlife of the special management area.
(d) Management.--
(1) In general.--The Secretary shall manage the
special management area--
(A) in furtherance of the purposes described
in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National
Forest System;
(ii) this section; and
(iii) any other applicable law
(including regulations).
(2) Recreation.--The Secretary shall continue to
authorize, maintain, and enhance the recreational use
of the special management area, including hunting,
fishing, camping, hiking, hang gliding, sightseeing,
nature study, horseback riding, rafting, mountain
biking, and motorized recreation on authorized routes,
and other recreational activities, so long as such
recreational use is consistent with the purposes of the
special management area, this section, other applicable
law (including regulations), and applicable management
plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in
subparagraph (B), the use of motorized vehicles
in the special management area shall be
permitted only on roads and trails designated
for the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of
snowmobiles shall be allowed in the special
management area--
(i) during periods of adequate snow
coverage during the winter season; and
(ii) subject to any terms and
conditions determined to be necessary
by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct
new trails for motorized or nonmotorized
recreation within the special management area
in accordance with--
(i) the laws (including regulations)
generally applicable to the National
Forest System;
(ii) this section; and
(iii) any other applicable law
(including regulations).
(B) Priority.--In establishing new trails
within the special management area, the
Secretary shall--
(i) prioritize the establishment of
loops that provide high-quality,
diverse recreational experiences; and
(ii) consult with members of the
public.
(e) Withdrawal.--Subject to valid existing rights, the
special management area is withdrawn from--
(1) all forms of appropriation or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 222. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the
date of the enactment of this subtitle, the Secretary
of Agriculture, in cooperation with the Secretary of
the Interior, shall submit to the Committee on Natural
Resources of the House of Representatives and Committee
on Energy and Natural Resources of the Senate a study
that describes the feasibility of establishing a
nonmotorized Bigfoot National Recreation Trail that
follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1)
shall extend from the Ides Cove Trailhead in the
Mendocino National Forest to Crescent City, California,
by roughly following the route as generally depicted on
the map entitled ``Bigfoot National Recreation Trail--
Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of
Agriculture shall consult with--
(A) appropriate Federal, State, Tribal,
regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the
Bigfoot National Recreation Trail is feasible and meets
the requirements for a National Recreation Trail in
section 1243 of title 16, United States Code, the
Secretary of Agriculture shall designate the Bigfoot
National Recreation Trail in accordance with--
(A) the National Trails System Act (Public
Law 90-543);
(B) this subtitle; and
(C) other applicable law (including
regulations).
(2) Administration.--Upon designation by the
Secretary of Agriculture, the Bigfoot National
Recreation Trail (referred to in this section as the
``trail'') shall be administered by the Secretary of
Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional,
and local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may
be located on non-Federal land without the
written consent of the landowner.
(B) Prohibition.--The Secretary of
Agriculture shall not acquire for the trail any
land or interest in land outside the exterior
boundary of any federally managed area without
the consent of the owner of the land or
interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property
owner to allow public access (including
Federal, State, or local government
access) to private property; or
(ii) modifies any provision of
Federal, State, or local law with
respect to public access to or use of
private land.
(c) Cooperative Agreements.--In carrying out this section,
the Secretary of Agriculture may enter into cooperative
agreements with State, Tribal, and local government entities
and private entities to complete needed trail construction,
reconstruction, realignment, maintenance, or education projects
related to the Bigfoot National Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot
National Recreation Trail, the Secretary of Agriculture
shall prepare a map of the trail.
(2) Public availability.--The map referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest
Service.
SEC. 223. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2),
the Secretary of Agriculture after an opportunity for
public comment, shall designate a trail (which may
include a system of trails)--
(A) for use by off-highway vehicles or
mountain bicycles, or both; and
(B) to be known as the Elk Camp Ridge
Recreation Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails
that are--
(A) as of the date of enactment of this
subtitle, authorized for use by off-highway
vehicles or mountain bikes, or both; and
(B) located on land that is managed by the
Forest Service in Del Norte County.
(3) Map.--A map that depicts the trail shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the
trail--
(A) in accordance with applicable laws
(including regulations);
(B) to ensure the safety of citizens who use
the trail; and
(C) in a manner by which to minimize any
damage to sensitive habitat or cultural
resources.
(2) Monitoring; evaluation.--To minimize the impacts
of the use of the trail on environmental and cultural
resources, the Secretary shall annually assess the
effects of the use of off-highway vehicles and mountain
bicycles on--
(A) the trail;
(B) land located in proximity to the trail;
and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the
State and Del Norte County, and subject to paragraph
(4), may temporarily close or permanently reroute a
portion of the trail if the Secretary determines that--
(A) the trail is having an adverse impact
on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3)
may be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of
the closure of the portion of the
trail;
(ii) located on public land; and
(iii) open to motorized or mechanized
use; and
(B) if the Secretary determines that
rerouting the portion of the trail would not
significantly increase or decrease the length
of the trail.
(5) Notice of available routes.--The Secretary shall
ensure that visitors to the trail have access to
adequate notice relating to the availability of trail
routes through--
(A) the placement of appropriate signage
along the trail; and
(B) the distribution of maps, safety
education materials, and other information that
the Secretary concerned determines to be
appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 224. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months
after the date of enactment of this subtitle, the
Secretary shall study the feasibility and public
interest of constructing a recreational trail for
nonmotorized uses around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with
paragraph (3), if the Secretary determines
under paragraph (1) that the construction of
the trail described in such paragraph is
feasible and in the public interest, the
Secretary may provide for the construction of
the trail.
(B) Use of volunteer services and
contributions.--The trail may be constructed
under this section through the acceptance of
volunteer services and contributions from non-
Federal sources to reduce or eliminate the need
for Federal expenditures to construct the
trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations)
generally applicable to the National Forest
System; and
(B) this subtitle.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of
enactment of this subtitle, the Secretary of Agriculture, in
accordance with subsection (b) and in consultation with
interested parties, shall conduct a study to improve motorized
and nonmotorized recreation trail opportunities (including
mountain bicycling) on land not designated as wilderness within
the portions of the Six Rivers, Shasta-Trinity, and Mendocino
National Forests located in Del Norte, Humboldt, Trinity, and
Mendocino Counties.
(b) Consultation.--In carrying out the study required by
subsection (a), the Secretary of Agriculture shall consult with
the Secretary of the Interior regarding opportunities to
improve, through increased coordination, recreation trail
opportunities on land under the jurisdiction of the Secretary
of the Interior that shares a boundary with the national forest
land described in subsection (a).
SEC. 226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months
after the date of enactment of this subtitle, the
Secretary of Agriculture shall study the feasibility
and public interest of constructing recreational trails
for mountain bicycling and other nonmotorized uses on
the routes as generally depicted in the report entitled
``Trail Study for Smith River National Recreation Area
Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with
paragraph (3), if the Secretary determines
under paragraph (1) that the construction of
one or more routes described in such paragraph
is feasible and in the public interest, the
Secretary may provide for the construction of
the routes.
(B) Modifications.--The Secretary may modify
the routes as necessary in the opinion of the
Secretary.
(C) Use of volunteer services and
contributions.--Routes may be constructed under
this section through the acceptance of
volunteer services and contributions from non-
Federal sources to reduce or eliminate the need
for Federal expenditures to construct the
route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations)
generally applicable to the National Forest
System; and
(B) this subtitle.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 227. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to
enter into agreements with qualified private and nonprofit
organizations to undertake the following activities on Federal
lands in Mendocino, Humboldt, Trinity, and Del Norte Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach;
and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection
(a) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements
under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the
Secretary to manage land and resources under the
jurisdiction of the Secretary; or
(2) amends or modifies the application of any
existing law (including regulations) applicable to land
under the jurisdiction of the Secretary.
PART 3--CONSERVATION
SEC. 231. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 11,155 acres, as generally
depicted on the map entitled ``Black Butte Wilderness--
Proposed'' and dated May 15, 2020, which shall be known
as the Black Butte River Wilderness.
(2) Chanchelulla wilderness additions.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 6,382 acres, as
generally depicted on the map entitled ``Chanchelulla
Wilderness Additions--Proposed'' and dated May 15,
2020, which is incorporated in, and considered to be a
part of, the Chanchelulla Wilderness, as designated by
section 101(a)(4) of the California Wilderness Act of
1984 (16 U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 27,164 acres, as generally depicted on
the map entitled ``Chinquapin Wilderness--Proposed''
and dated May 15, 2020, which shall be known as the
Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain
Federal land managed by the Bureau of Land Management
in the State, comprising approximately 37 acres, as
generally depicted on the map entitled ``Proposed
Elkhorn Ridge Wilderness Additions'' and dated October
24, 2019, which is incorporated in, and considered to
be a part of, the Elkhorn Ridge Wilderness, as
designated by section 6(d) of Public Law 109-362 (16
U.S.C. 1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 6,204 acres, as generally
depicted on the map entitled ``English Ridge
Wilderness--Proposed'' and dated March 29, 2019, which
shall be known as the English Ridge Wilderness.
(6) Headwaters forest wilderness.--Certain Federal
land managed by the Bureau of Land Management in the
State, comprising approximately 4,360 acres, as
generally depicted on the map entitled ``Headwaters
Forest Wilderness--Proposed'' and dated October 15,
2019, which shall be known as the Headwaters Forest
Wilderness.
(7) Mad river buttes wilderness.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 6,097 acres, as generally
depicted on the map entitled ``Mad River Buttes
Wilderness--Proposed'' and dated May 15, 2020, which
shall be known as the Mad River Buttes Wilderness.
(8) Mount lassic wilderness addition.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 1,288 acres, as
generally depicted on the map entitled ``Mt. Lassic
Wilderness Additions--Proposed'' and dated May 15,
2020, which is incorporated in, and considered to be a
part of, the Mount Lassic Wilderness, as designated by
section 3(6) of Public Law 109-362 (16 U.S.C. 1132
note; 120 Stat. 2065).
(9) North fork eel wilderness addition.--Certain
Federal land managed by the Forest Service and the
Bureau of Land Management in the State, comprising
approximately 16,342 acres, as generally depicted on
the map entitled ``North Fork Eel Wilderness
Additions'' and dated May 15, 2020, which is
incorporated in, and considered to be a part of, the
North Fork Eel Wilderness, as designated by section
101(a)(19) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1621).
(10) Pattison wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 29,451 acres, as generally depicted on
the map entitled ``Pattison Wilderness--Proposed'' and
dated May 15, 2020, which shall be known as the
Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 112 acres, as generally
depicted on the map entitled ``Sanhedrin Wilderness
Addition--Proposed'' and dated March 29, 2019, which is
incorporated in, and considered to be a part of, the
Sanhedrin Wilderness, as designated by section 3(2) of
Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065).
(12) Siskiyou wilderness addition.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 23,913 acres, as generally
depicted on the maps entitled ``Siskiyou Wilderness
Additions--Proposed (North)'' and ``Siskiyou Wilderness
Additions--Proposed (South)'' and dated May 15, 2020,
which is incorporated in, and considered to be a part
of, the Siskiyou Wilderness, as designated by section
101(a)(30) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623) (as amended by section
3(5) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065)).
(13) South fork eel river wilderness addition.--
Certain Federal land managed by the Bureau of Land
Management in the State, comprising approximately 603
acres, as generally depicted on the map entitled
``South Fork Eel River Wilderness Additions--Proposed''
and dated October 24, 2019, which is incorporated in,
and considered to be a part of, the South Fork Eel
River Wilderness, as designated by section 3(10) of
Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2066).
(14) South fork trinity river wilderness.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 26,115 acres, as
generally depicted on the map entitled ``South Fork
Trinity River Wilderness Additions--Proposed'' and
dated May 15, 2020, which shall be known as the South
Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 61,187 acres, as
generally depicted on the maps entitled ``Trinity Alps
Proposed Wilderness Additions EAST'' and ``Trinity Alps
Wilderness Additions West--Proposed'' and dated May 15,
2020, which is incorporated in, and considered to be a
part of, the Trinity Alps Wilderness, as designated by
section 101(a)(34) of the California Wilderness Act of
1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended
by section 3(7) of Public Law 109-362 (16 U.S.C. 1132
note; 120 Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 15,068 acres, as generally depicted on
the map entitled ``Underwood Wilderness--Proposed'' and
dated May 15, 2020, which shall be known as the
Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--
Certain Federal land managed by the Forest Service and
the Bureau of Land Management in the State, comprising
approximately 11,243 acres, as generally depicted on
the maps entitled ``Yolla Bolly Wilderness Proposed--
NORTH'', ``Yolla Bolly Wilderness Proposed--SOUTH'',
and ``Yolla Bolly Wilderness Proposed--WEST'' and dated
May 15, 2020, which is incorporated in, and considered
to be a part of, the Yolla Bolly-Middle Eel Wilderness,
as designated by section 3 of the Wilderness Act (16
U.S.C. 1132) (as amended by section 3(4) of Public Law
109-362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately
11,076 acres, as generally depicted on the map entitled
``Yuki Wilderness Additions--Proposed'' and dated May
15, 2020, which is incorporated in, and considered to
be a part of, the Yuki Wilderness, as designated by
section 3(3) of Public Law 109-362 (16 U.S.C. 1132
note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork Eel
River Wilderness.--Section 101(a)(19) of Public Law 98-425 (16
U.S.C. 1132 note; 98 Stat. 1621) is amended by striking ``North
Fork Wilderness'' and inserting ``North Fork Eel River
Wilderness''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
North Fork Wilderness shall be deemed to be a reference to the
North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of
the Elkhorn Ridge Wilderness established by section 6(d) of
Public Law 109-362 (16 U.S.C. 1132 note) is adjusted by
deleting approximately 30 acres of Federal land as generally
depicted on the map entitled ``Proposed Elkhorn Ridge
Wilderness Additions'' and dated October 24, 2019.
SEC. 232. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and wilderness additions established by
section 231 shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this subtitle;
and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures
in a wilderness area or wilderness addition designated
by section 231 as are necessary for the control of
fire, insects, and diseases in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
and House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle
limits funding for fire and fuels management in the
wilderness areas or wilderness additions designated by
this subtitle.
(3) Administration.--Consistent with paragraph (1)
and other applicable Federal law, to ensure a timely
and efficient response to fire emergencies in the
wilderness additions designated by this subtitle, the
Secretary of Agriculture shall--
(A) not later than 1 year after the date of
enactment of this subtitle, establish agency
approval procedures (including appropriate
delegations of authority to the Forest
Supervisor, District Manager, or other agency
officials) for responding to fire emergencies;
and
(B) enter into agreements with appropriate
State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas and wilderness additions designated by this subtitle, if
established before the date of enactment of this subtitle,
shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the
Secretary of Agriculture, the guidelines set forth in
the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying
H.R. 5487 of the 96th Congress (H. Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary
of the Interior, the guidelines set forth in Appendix A
of the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this subtitle affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife on public land in the State.
(2) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct any
management activities that are necessary to maintain or
restore fish, wildlife, and plant populations and
habitats in the wilderness areas or wilderness
additions designated by section 231, if the management
activities are--
(A) consistent with relevant wilderness
management plans; and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C.
1131 et seq.); and
(ii) appropriate policies, such as
the policies established in Appendix B
of House Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for
designation of wilderness or wilderness additions by
this subtitle to lead to the creation of protective
perimeters or buffer zones around each wilderness area
or wilderness addition.
(2) Activities or uses up to boundaries.--The fact
that nonwilderness activities or uses can be seen or
heard from within a wilderness area shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over
the wilderness areas or wilderness additions designated
by section 231;
(2) the designation of new units of special airspace
over the wilderness areas or wilderness additions
designated by section 231; or
(3) the use or establishment of military flight
training routes over the wilderness areas or wilderness
additions designated by section 231.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle or
pack stock into, an area designated as a wilderness area or
wilderness addition by section 231--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas and wilderness additions designated by section
231 are withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of
wilderness areas and wilderness additions designated by
this subtitle by members of Indian Tribes for
traditional cultural and religious purposes, the
Secretary shall ensure that Indian Tribes have access
to the wilderness areas and wilderness additions
designated by section 231 for traditional cultural and
religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this
section, the Secretary, on request of an Indian
Tribe, may temporarily close to the general
public one or more specific portions of a
wilderness area or wilderness addition to
protect the privacy of the members of the
Indian Tribe in the conduct of the traditional
cultural and religious activities in the
wilderness area or wilderness addition.
(B) Requirement.--Any closure under
subparagraph (A) shall be made in such a manner
as to affect the smallest practicable area for
the minimum period of time necessary for the
activity to be carried out.
(3) Applicable law.--Access to the wilderness areas
and wilderness additions under this subsection shall be
in accordance with--
(A) Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42
U.S.C. 1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et
seq.).
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or wilderness addition
designated by section 231 that is acquired by the United States
shall--
(1) become part of the wilderness area in which the
land is located;
(2) be withdrawn in accordance with subsection (h);
and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices
in the wilderness areas and wilderness additions designated by
section 231 if the Secretary determines that the facilities and
access to the facilities are essential to flood warning, flood
control, or water reservoir operation activities.
(l) Authorized Events.--The Secretary may continue to
authorize the competitive equestrian event permitted since 2012
in the Chinquapin Wilderness established by section 231 in a
manner compatible with the preservation of the area as
wilderness.
(m) Recreational Climbing.--Nothing in this subtitle
prohibits recreational rock climbing activities in the
wilderness areas, such as the placement, use, and maintenance
of fixed anchors, including any fixed anchor established before
the date of the enactment of this subtitle--
(1) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
SEC. 233. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in
the State are designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest
Service, comprising approximately 4,005 acres, as
generally depicted on the map entitled ``Chinquapin
Proposed Potential Wilderness'' and dated May 15, 2020.
(2) Certain Federal land administered by the National
Park Service, compromising approximately 31,000 acres,
as generally depicted on the map entitled ``Redwood
National Park--Potential Wilderness'' and dated October
9, 2019.
(3) Certain Federal land managed by the Forest
Service, comprising approximately 5,681 acres, as
generally depicted on the map entitled ``Siskiyou
Proposed Potential Wildernesses'' and dated May 15,
2020.
(4) Certain Federal land managed by the Forest
Service, comprising approximately 446 acres, as
generally depicted on the map entitled ``South Fork
Trinity River Proposed Potential Wilderness'' and dated
May 15, 2020.
(5) Certain Federal land managed by the Forest
Service, comprising approximately 1,256 acres, as
generally depicted on the map entitled ``Trinity Alps
Proposed Potential Wilderness'' and dated May 15, 2020.
(6) Certain Federal land managed by the Forest
Service, comprising approximately 4,386 acres, as
generally depicted on the map entitled ``Yolla Bolly
Middle-Eel Proposed Potential Wilderness'' and dated
May 15, 2020.
(7) Certain Federal land managed by the Forest
Service, comprising approximately 2,918 acres, as
generally depicted on the map entitled ``Yuki Proposed
Potential Wilderness'' and dated May 15, 2020.
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness areas designated by subsection (a)
(referred to in this section as ``potential wilderness areas'')
as wilderness until the potential wilderness areas are
designated as wilderness under subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological
restoration (including the elimination of nonnative
species, removal of illegal, unused, or decommissioned
roads, repair of skid tracks, and any other activities
necessary to restore the natural ecosystems in a
potential wilderness area and consistent with paragraph
(2)), the Secretary may use motorized equipment and
mechanized transport in a potential wilderness area
until the potential wilderness area is designated as
wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable,
the Secretary shall use the minimum tool or
administrative practice necessary to accomplish
ecological restoration with the least amount of adverse
impact on wilderness character and resources.
(d) Eventual Wilderness Designation.--The potential
wilderness areas shall be designated as wilderness and as a
component of the National Wilderness Preservation System on the
earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a
potential wilderness area that are incompatible with
the Wilderness Act (16 U.S.C. 1131 et seq.) have been
removed; or
(2) the date that is 10 years after the date of
enactment of this subtitle for potential wilderness
areas located on lands managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness
under subsection (d), a potential wilderness area shall
be administered in accordance with section 232 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness
under subsection (d)--
(A) the land described in subsection (a)(1)
shall be incorporated in, and considered to be
a part of, the Chinquapin Wilderness
established by section 231(a)(3);
(B) the land described in subsection (a)(3)
shall be incorporated in, and considered to be
a part of, the Siskiyou Wilderness as
designated by section 101(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by
section 3(5) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(12));
(C) the land described in subsection (a)(4)
shall be incorporated in, and considered to be
a part of, the South Fork Trinity River
Wilderness established by section 231(a)(14);
(D) the land described in subsection (a)(5)
shall be incorporated in, and considered to be
a part of, the Trinity Alps Wilderness as
designated by section 101(a)(34) of the
California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by
section 3(7) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(15));
(E) the land described in subsection (a)(6)
shall be incorporated in, and considered to be
a part of, the Yolla Bolly-Middle Eel
Wilderness as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132) (as amended by
section 3(4) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(17)); and
(F) the land described in subsection (a)(7)
shall be incorporated in, and considered to be
a part of, the Yuki Wilderness as designated by
section 3(3) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(18).
(f) Report.--Within 3 years after the date of enactment of
this subtitle, and every 3 years thereafter until the date upon
which the potential wilderness is designated wilderness under
subsection (d), the Secretary shall submit a report to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
on the status of ecological restoration within the potential
wilderness area and the progress toward the potential
wilderness area's eventual wilderness designation under
subsection (d).
SEC. 234. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(231) South fork trinity river.--The following
segments from the source tributaries in the Yolla
Bolly-Middle Eel Wilderness, to be administered by the
Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple
source springs in the Cedar Basin of the Yolla
Bolly-Middle Eel Wilderness in section 15, T.
27 N., R. 10 W. to .25 miles upstream of the
Wild Mad Road, as a wild river.
``(B) The .65-mile segment from .25 miles
upstream of Wild Mad Road to the confluence
with the unnamed tributary approximately .4
miles downstream of the Wild Mad Road in
section 29, T. 28 N., R. 11 W., as a scenic
river.
``(C) The 9.8-mile segment from .75 miles
downstream of Wild Mad Road to Silver Creek, as
a wild river.
``(D) The 5.4-mile segment from Silver Creek
confluence to Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek
to Cave Creek, as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to
the confluence of the unnamed creek upstream of
Hidden Valley Ranch in section 5, T. 15, R. 7
E., as a wild river.
``(G) The 2.5-mile segment from unnamed creek
confluence upstream of Hidden Valley Ranch to
the confluence with the unnamed creek flowing
west from Bear Wallow Mountain in section 29,
T. 1 N., R. 7 E., as a scenic river.
``(H) The 3.8-mile segment from the unnamed
creek confluence in section 29, T. 1 N., R. 7
E. to Plummer Creek, as a wild river.
``(I) The 1.8-mile segment from Plummer Creek
to the confluence with the unnamed tributary
north of McClellan Place in section 6, T. 1 N.,
R. 7 E., as a scenic river.
``(J) The 5.4-mile segment from the unnamed
tributary confluence in section 6, T. 1 N., R.
7 E. to Hitchcock Creek, as a wild river.
``(K) The 7-mile segment from Eltapom Creek
to the Grouse Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to
Coon Creek, as a wild river.
``(232) East fork south fork trinity river.--The
following segments to be administered by the Secretary
of Agriculture:
``(A) The 8.4-mile segment from its source in
the Pettijohn Basin in the Yolla Bolly-Middle
Eel Wilderness in section 10, T. 3 S., R. 10 W.
to .25 miles upstream of the Wild Mad Road, as
a wild river.
``(B) The 3.4-mile segment from .25 miles
upstream of the Wild Mad Road to the South Fork
Trinity River, as a recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from
the confluence with the unnamed tributary in the
southeast corner of section 5, T. 1 S., R. 12 W. to the
South Fork Trinity River, to be administered by the
Secretary of Agriculture as a recreational river.
``(234) Butter creek.--The 7-mile segment from .25
miles downstream of the Road 3N08 crossing to the South
Fork Trinity River, to be administered by the Secretary
of Agriculture as a scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek
to Bear Creek, as a recreational river.
``(B) The 13.2-mile segment from Bear Creek
to the northern boundary of section 19, T. 3
N., R. 7 E., as a scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3
N., R. 7 E. to the northern boundary of section 24, T.
3 N., R. 6 E., to be administered by the Secretary of
the Interior as a scenic river.
``(237) Rusch creek.--The 3.2-mile segment from .25
miles downstream of the 32N11 Road crossing to Hayfork
Creek, to be administered by the Secretary of
Agriculture as a recreational river.
``(238) Eltapom creek.--The 3.4-mile segment from
Buckhorn Creek to the South Fork Trinity River, to be
administered by the Secretary of Agriculture as a wild
river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek
to Cow Creek, as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to
the South Fork Trinity River, as a recreational
river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the
confluence of Madden Creek and its unnamed
tributary in section 18, T. 5 N., R. 5 E. to
Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile
Creek to the South Fork Trinity River, as a
recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the
Secretary of the Interior:
``(A) The 6.6-mile segment from the outlet of
lower Canyon Creek Lake to Bear Creek upstream
of Ripstein, as a wild river.
``(B) The 11.2-mile segment from Bear Creek
upstream of Ripstein to the southern boundary
of section 25, T. 34 N., R. 11 W., as a
recreational river.
``(242) North fork trinity river.--The following
segments to be administered by the Secretary of
Agriculture:
``(A) The 12-mile segment from the confluence
of source tributaries in section 24, T. 8 N.,
R. 12 W. to the Trinity Alps Wilderness
boundary upstream of Hobo Gulch, as a wild
river.
``(B) The .5-mile segment from where the
river leaves the Trinity Alps Wilderness to
where it fully reenters the Trinity Alps
Wilderness downstream of Hobo Gulch, as a
scenic river.
``(C) The 13.9-mile segment from where the
river fully reenters the Trinity Alps
Wilderness downstream of Hobo Gulch to the
Trinity Alps Wilderness boundary upstream of
the County Road 421 crossing, as a wild river.
``(D) The 1.3-mile segment from the Trinity
Alps Wilderness boundary upstream of the County
Road 421 crossing to the Trinity River, as a
recreational river.
``(243) East fork north fork trinity river.--The
following segments to be administered by the Secretary
of Agriculture:
``(A) The 9.5-mile segment from the river's
source north of Mt. Hilton in section 19, T. 36
N., R. 10 W. to the end of Road 35N20
approximately .5 miles downstream of the
confluence with the East Branch East Fork North
Fork Trinity River, as a wild river.
``(B) The 3.25-mile segment from the end of
Road 35N20 to .25 miles upstream of Coleridge,
as a scenic river.
``(C) The 4.6-mile segment from .25 miles
upstream of Coleridge to the confluence of Fox
Gulch, as a recreational river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek
from its source spring in section 22, T. 9 N.,
R. 7 E. to Slide Creek, as a wild river.
``(B) The 2.3-mile segment of the New River
where it begins at the confluence of Virgin and
Slide Creeks to Barron Creek, as a wild river.
``(245) Middle eel river.--The following segment, to
be administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source
in Frying Pan Meadow to Rose Creek, as a wild
river.
``(B) The 1.5-mile segment from Rose Creek to
the Black Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead
Creek from its source in Hopkins Hollow to the
Middle Eel River, as a wild river.
``(D) The 13-mile segment of the North Fork
Middle Fork Eel River from the source on Dead
Puppy Ridge in section 11, T. 26 N., R. 11 W.
to the confluence of the Middle Eel River, as a
wild river.
``(246) North fork eel river, ca.--The 14.3-mile
segment from the confluence with Gilman Creek to the
Six Rivers National Forest boundary, to be administered
by the Secretary of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following
segments to be administered by the Secretary of
Agriculture:
``(A) The 5.25-mile segment from its source
west of Mike's Rock in section 23, T. 26 N., R.
12 E. to the confluence with Littlefield Creek,
as a wild river.
``(B) The 1.6-mile segment from the
confluence with Littlefield Creek to the
confluence with the unnamed tributary in
section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the
confluence with the unnamed tributary in
section 32, T. 4 S., R. 8 E. to the confluence
with the North Fork Eel River, as a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the
confluence with Lacks Creek to the confluence
with Coyote Creek as a scenic river on
publication by the Secretary of a notice in the
Federal Register that sufficient inholdings
within the boundaries of the segments have been
acquired in fee title to establish a manageable
addition to the system.
``(B) The 19.1-mile segment from the
confluence with Coyote Creek in section 2, T. 8
N., R. 2 E. to the Redwood National Park
boundary upstream of Orick in section 34, T. 11
N., R. 1 E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek
(also known as Harry Weir Creek) from its
source in section 29, T. 10 N., R. 2 E. to the
confluence with Redwood Creek as a scenic
river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the
confluence with two unnamed tributaries in
section 14, T. 7 N., R. 3 E. to Kings Crossing
in section 27, T. 8 N., R. 3 E. as a wild
river.
``(B) The 2.7-mile segment from Kings
Crossing to the confluence with Redwood Creek
as a scenic river upon publication by the
Secretary of a notice in the Federal Register
that sufficient inholdings within the segment
have been acquired in fee title or as scenic
easements to establish a manageable addition to
the system.
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek
from its source in section 5, T. 10 N., R. 2 E.
to .25 miles upstream of the Prairie Creek
confluence, as a recreational river.
``(B) The 2.3-mile segment of Larry Damm
Creek from its source in section 8, T. 11 N.,
R. 2 E. to the confluence with Lost Man Creek,
as a recreational river.
``(251) Little lost man creek.--The 3.6-mile segment
of Little Lost Man Creek from its source in section 6,
T. 10 N., R. 2 E. to .25 miles upstream of the Lost Man
Creek road crossing, to be administered by the
Secretary of the Interior as a wild river.
``(252) South fork elk river.--The following segments
to be administered by the Secretary of the Interior
through a cooperative management agreement with the
State of California:
``(A) The 3.6-mile segment of the Little
South Fork Elk River from the source in section
21, T. 3 N., R. 1 E. to the confluence with the
South Fork Elk River, as a wild river.
``(B) The 2.2-mile segment of the unnamed
tributary of the Little South Fork Elk River
from its source in section 15, T. 3 N., R. 1 E.
to the confluence with the Little South Fork
Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork
Elk River from the confluence of the Little
South Fork Elk River to the confluence with Tom
Gulch, as a recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its
source in section 27, T. 3 N., R. 1 E. to the
Headwaters Forest Reserve boundary in section 18, T. 3
N., R. 1 E. to be administered by the Secretary of the
Interior as a wild river through a cooperative
management agreement with the State of California.
``(254) South fork eel river.--The following segments
to be administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the
confluence with Jack of Hearts Creek to the
southern boundary of the South Fork Eel
Wilderness in section 8, T. 22 N., R. 16 W., as
a recreational river to be administered by the
Secretary through a cooperative management
agreement with the State of California.
``(B) The 6.1-mile segment from the southern
boundary of the South Fork Eel Wilderness to
the northern boundary of the South Fork Eel
Wilderness in section 29, T. 23 N., R. 16 W.,
as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment from its source
north of Signal Peak in section 6, T. 21 N., R.
15 W. to the confluence with the unnamed
tributary near the center of section 28, T. 22
N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the
confluence with the unnamed tributary near the
center of section 28, T. 22 N., R. 15 W. to the
confluence with the South Fork Eel River, as a
recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon
from its source south of Signal Peak in section
7, T. 21 N., R. 15 W. to the confluence with
Elder Creek, as a wild river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 7.7-mile segment from its source in
section 22, T. 24 N., R. 16 W. to the southern
boundary of the Red Mountain unit of the South
Fork Eel Wilderness.
``(B) The 1.9-mile segment of North Fork
Cedar Creek from its source in section 28, T.
24 N., R. 16 E. to the confluence with Cedar
Creek.
``(257) East branch south fork eel river.--The
following segments to be administered by the Secretary
of the Interior as a scenic river on publication by the
Secretary of a notice in the Federal Register that
sufficient inholdings within the boundaries of the
segments have been acquired in fee title or as scenic
easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin
Creek from the confluence of two unnamed
tributaries in section 18, T. 24 N., R. 15 W.
to the confluence with Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek
from the confluence of two unnamed tributaries
in section 22, T. 24 N., R. 16 W. to the
confluence with Cruso Cabin Creek.
``(C) The 14.2-mile segment of the East
Branch South Fork Eel River from the confluence
of Cruso Cabin and Elkhorn Creeks to the
confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed
tributary from its source on the north flank of
Red Mountain's north ridge in section 2, T. 24
N., R. 17 W. to the confluence with the East
Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed
tributary from its source on the north flank of
Red Mountain's north ridge in section 1, T. 24
N., R. 17 W. to the confluence with the East
Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek
from the confluence with the unnamed tributary
in section 12, T. 5 S., R. 4 E. to the
confluence with the East Branch South Fork Eel
River.
``(258) Mattole river estuary.--The 1.5-mile segment
from the confluence of Stansberry Creek to the Pacific
Ocean, to be administered as a recreational river by
the Secretary of the Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 5.1-mile segment of Honeydew Creek
from its source in the southwest corner of
section 25, T. 3 S., R. 1 W. to the eastern
boundary of the King Range National
Conservation Area in section 18, T. 3 S., R. 1
E.
``(B) The 2.8-mile segment of West Fork
Honeydew Creek from its source west of North
Slide Peak to the confluence with Honeydew
Creek.
``(C) The 2.7-mile segment of Upper East Fork
Honeydew Creek from its source in section 23,
T. 3 S., R. 1 W. to the confluence with
Honeydew Creek.
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear
Creek from the confluence with the unnamed
tributary immediately downstream of the Horse
Mountain Road crossing to the confluence with
the South Fork, as a scenic river.
``(B) The 6.1-mile segment of South Fork Bear
Creek from the confluence in section 2, T. 5
S., R. 1 W. with the unnamed tributary flowing
from the southwest flank of Queen Peak to the
confluence with the North Fork, as a scenic
river.
``(C) The 3-mile segment of Bear Creek from
the confluence of the North and South Forks to
the southern boundary of section 11, T. 4 S.,
R. 1 E., as a wild river.
``(261) Gitchell creek.--The 3-mile segment of
Gitchell Creek from its source near Saddle Mountain to
the Pacific Ocean to be administered by the Secretary
of the Interior as a wild river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild
river:
``(A) The 4-mile segment of Big Flat Creek
from its source near King Peak in section 36,
T. 3 S., R. 1 W. to the Pacific Ocean.
``(B) The .8-mile segment of the unnamed
tributary from its source in section 35, T. 3
S., R. 1 W. to the confluence with Big Flat
Creek.
``(C) The 2.7-mile segment of North Fork Big
Flat Creek from the source in section 34, T. 3
S., R. 1 W. to the confluence with Big Flat
Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild
rivers:
``(A) The 2.7-mile segment of Big Creek from
its source in section 26, T. 3 S., R. 1 W. to
the Pacific Ocean.
``(B) The 1.9-mile unnamed southern tributary
from its source in section 25, T. 3 S., R. 1 W.
to the confluence with Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with
Deep Hole Creek, to be jointly administered by the
Secretaries of Agriculture and the Interior, as a wild
river.
``(265) Eden creek.--The 2.7-mile segment from the
private property boundary in the northwest quarter of
section 27, T. 21 N., R. 12 W. to the eastern boundary
of section 23, T. 21 N., R. 12 W., to be administered
by the Secretary of the Interior as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from
the private property boundary in the southwest quarter
of section 13, T. 20 N., R. 12 W. to the confluence
with Elk Creek, to be administered by the Secretary of
the Interior as a wild river.
``(267) Indian creek.--The 3.3-mile segment from 300
feet downstream of the jeep trail in section 13, T. 20
N., R. 13 W. to the confluence with the Eel River, to
be administered by the Secretary of the Interior as a
wild river.
``(268) Fish creek.--The 4.2-mile segment from the
source at Buckhorn Spring to the confluence with the
Eel River, to be administered by the Secretary of the
Interior as a wild river.''.
SEC. 235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Sanhedrin Special Conservation Management
Area (referred to in this section as the ``conservation
management area''), comprising approximately 12,254 acres of
Federal land administered by the Forest Service in Mendocino
County, California, as generally depicted on the map entitled
``Sanhedrin Conservation Management Area'' and dated May 15,
2020.
(b) Purposes.--The purposes of the conservation management
area are to--
(1) conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
ecological, scenic, wildlife, recreational, roadless,
cultural, historical, natural, educational, and
scientific resources of the conservation management
area;
(2) protect and restore late-successional forest
structure, oak woodlands and grasslands, aquatic
habitat, and anadromous fisheries within the
conservation management area;
(3) protect and restore the wilderness character of
the conservation management area; and
(4) allow visitors to enjoy the scenic, natural,
cultural, and wildlife values of the conservation
management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes
described in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National
Forest System;
(ii) this section; and
(iii) any other applicable law
(including regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary
determines would further the purposes described in
subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3),
the use of motorized vehicles in the conservation
management area shall be permitted only on existing
roads, trails, and areas designated for use by such
vehicles as of the date of enactment of this subtitle.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be
constructed within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2)
prevents the Secretary from--
(A) rerouting or closing an existing road or
trail to protect natural resources from
degradation, or to protect public safety, as
determined to be appropriate by the Secretary;
(B) designating routes of travel on lands
acquired by the Secretary and incorporated into
the conservation management area if the
designations are--
(i) consistent with the purposes
described in subsection (b); and
(ii) completed, to the maximum extent
practicable, within 3 years of the date
of acquisition;
(C) constructing a temporary road on which
motorized vehicles are permitted as part of a
vegetation management project carried out in
accordance with subsection (e);
(D) authorizing the use of motorized vehicles
for administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall
decommission any temporary road constructed
under paragraph (3)(C) not later than 3 years
after the date on which the applicable
vegetation management project is completed.
(B) Definition.--As used in subparagraph (A),
the term ``decommission'' means--
(i) to reestablish vegetation on a
road; and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or
adversely impacted by the road by
removing or hydrologically
disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2),
no harvesting of timber shall be allowed within the
conservation management area.
(2) Exceptions.--The Secretary may authorize
harvesting of timber in the conservation management
area--
(A) if the Secretary determines that the
harvesting is necessary to further the purposes
of the conservation management area;
(B) in a manner consistent with the purposes
described in subsection (b); and
(C) subject to--
(i) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(ii) all applicable laws (including
regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of enactment
of this subtitle, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(B) applicable law (including regulations);
and
(2) in a manner consistent with the purposes
described in subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures within
the conservation management area that the Secretary determines
to be necessary to control fire, insects, and diseases,
including the coordination of those activities with a State or
local agency.
(h) Acquisition and Incorporation of Land and Interests in
Land.--
(1) Acquisition authority.--In accordance with
applicable laws (including regulations), the Secretary
may acquire any land or interest in land within or
adjacent to the boundaries of the conservation
management area by purchase from willing sellers,
donation, or exchange.
(2) Incorporation.--Any land or interest in land
acquired by the Secretary under paragraph (1) shall
be--
(A) incorporated into, and administered as
part of, the conservation management area; and
(B) withdrawn in accordance with subsection
(i).
(i) Withdrawal.--Subject to valid existing rights, all
Federal land located in the conservation management area is
withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patenting under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
PART 4--MISCELLANEOUS
SEC. 241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall prepare maps
and legal descriptions of the--
(1) wilderness areas and wilderness additions
designated by section 231;
(2) potential wilderness areas designated by section
233;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The Secretary
shall file the maps and legal descriptions prepared under
subsection (a) with--
(1) the Committee on Natural Resources of the House
of Representatives; and
(2) the Committee on Energy and Natural Resources of
the Senate.
(c) Force of Law.--The maps and legal descriptions prepared
under subsection (a) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(d) Public Availability.--The maps and legal descriptions
prepared under subsection (a) shall be on file and available
for public inspection in the appropriate offices of the Forest
Service, Bureau of Land Management, and National Park Service.
SEC. 242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this subtitle into updated
management plans for units covered by this subtitle.
SEC. 243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND
RIGHTS-OF-WAY.
(a) Effect of Title.--Nothing in this subtitle--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair,
relocation within an existing right-of-way,
replacement, or other authorized activity (including
the use of any mechanized vehicle, helicopter, and
other aerial device) in a right-of-way acquired by or
issued, granted, or permitted to Pacific Gas and
Electric Company (including any predecessor or
successor in interest or assign) that is located on
land included in the South Fork Trinity--Mad River
Restoration Area, Bigfoot National Recreation Trail,
Sanhedrin Special Conservation Management Area, and
Horse Mountain Special Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and
Electric Company, including those utility
facilities known on the date of enactment of
this subtitle within the--
(i) South Fork Trinity--Mad River
Restoration Area known as--
(I) Gas Transmission Line
177A or rights-of-way;
(II) Gas Transmission Line
DFM 1312-02 or rights-of-way;
(III) Electric Transmission
Line Bridgeville--Cottonwood
115 kV or rights-of-way;
(IV) Electric Transmission
Line Humboldt--Trinity 60 kV or
rights-of-way;
(V) Electric Transmission
Line Humboldt--Trinity 115 kV
or rights-of-way;
(VI) Electric Transmission
Line Maple Creek--Hoopa 60 kV
or rights-of-way;
(VII) Electric Distribution
Line--Willow Creek 1101 12 kV
or rights-of-way;
(VIII) Electric Distribution
Line--Willow Creek 1103 12 kV
or rights-of-way;
(IX) Electric Distribution
Line--Low Gap 1101 12 kV or
rights-of-way;
(X) Electric Distribution
Line--Fort Seward 1121 12 kV or
rights-of-way;
(XI) Forest Glen Border
District Regulator Station or
rights-of-way;
(XII) Durret District Gas
Regulator Station or rights-of-
way;
(XIII) Gas Distribution Line
4269C or rights-of-way;
(XIV) Gas Distribution Line
43991 or rights-of-way;
(XV) Gas Distribution Line
4993D or rights-of-way;
(XVI) Sportsmans Club
District Gas Regulator Station
or rights-of-way;
(XVII) Highway 36 and Zenia
District Gas Regulator Station
or rights-of-way;
(XVIII) Dinsmore Lodge 2nd
Stage Gas Regulator Station or
rights-of-way;
(XIX) Electric Distribution
Line--Wildwood 1101 12kV or
rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching
Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation
Trail known as--
(I) Gas Transmission Line
177A or rights-of-way;
(II) Electric Transmission
Line Humboldt--Trinity 115 kV
or rights-of-way;
(III) Electric Transmission
Line Bridgeville--Cottonwood
115 kV or rights-of-way; or
(IV) Electric Transmission
Line Humboldt--Trinity 60 kV or
rights-of-way;
(iii) Sanhedrin Special Conservation
Management Area known as, Electric
Distribution Line--Willits 1103 12 kV
or rights-of-way; or
(iv) Horse Mountain Special
Management Area known as, Electric
Distribution Line Willow Creek 1101 12
kV or rights-of-way; or
(B) utility facilities of the Pacific Gas and
Electric Company in rights-of-way issued,
granted, or permitted by the Secretary adjacent
to a utility facility referred to in paragraph
(1).
(b) Plans for Access.--Not later than 1 year after the date
of enactment of this subtitle or the issuance of a new utility
facility right-of-way within the South Fork Trinity--Mad River
Restoration Area, Bigfoot National Recreation Trail, Sanhedrin
Special Conservation Management Area, and Horse Mountain
Special Management Area, whichever is later, the Secretary, in
consultation with the Pacific Gas and Electric Company, shall
publish plans for regular and emergency access by the Pacific
Gas and Electric Company to the rights-of-way of the Pacific
Gas and Electric Company.
Subtitle C--Wild Olympics Wilderness and Wild and Scenic Rivers
SEC. 301. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the Olympic
National Forest in the State of Washington comprising
approximately 126,554 acres, as generally depicted on the map
entitled ``Proposed Wild Olympics Wilderness and Wild and
Scenic Rivers Act'' and dated April 8, 2019 (referred to in
this section as the ``map''), is designated as wilderness and
as components of the National Wilderness Preservation System:
(1) Lost creek wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
7,159 acres, as generally depicted on the map, which
shall be known as the ``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
5,956 acres, as generally depicted on the map, which
shall be known as the ``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
1,787 acres, as generally depicted on the map, which
shall be known as the ``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal
land managed by the Forest Service, comprising
approximately 5,669 acres, as generally depicted on the
map, which shall be known as the ``Gates of the Elwha
Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal
land managed by the Forest Service, comprising
approximately 21,965 acres, as generally depicted on
the map, is incorporated in, and shall be managed as
part of, the ``Buckhorn Wilderness'', as designated by
section 3 of the Washington State Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
4,790 acres, as generally depicted on the map, which
shall be known as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately
8,625 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``The Brothers Wilderness'', as designated by section 3
of the Washington State Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-339).
(8) Mount skokomish wilderness additions.--Certain
land managed by the Forest Service, comprising
approximately 8,933 acres, as generally depicted on the
map, is incorporated in, and shall be managed as part
of, the ``Mount Skokomish Wilderness'', as designated
by section 3 of the Washington State Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-339).
(9) Wonder mountain wilderness additions.--Certain
land managed by the Forest Service, comprising
approximately 26,517 acres, as generally depicted on
the map, is incorporated in, and shall be managed as
part of, the ``Wonder Mountain Wilderness'', as
designated by section 3 of the Washington State
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
9,117 acres, as generally depicted on the map, which
shall be known as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain
Federal land managed by the Forest Service, comprising
approximately 10,887 acres, as generally depicted on
the map, which shall be known as the ``South Quinault
Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain
Federal land managed by the Forest Service, comprising
approximately 353 acres, as generally depicted on the
map, is incorporated in, and shall be managed as part
of, the ``Colonel Bob Wilderness'', as designated by
section 3 of the Washington State Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-339).
(13) Sam's river wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
13,418 acres, as generally depicted on the map, which
shall be known as the ``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
1,378 acres, as generally depicted on the map, which
shall be known as the ``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights,
the land designated as wilderness by subsection (a)
shall be administered by the Secretary of Agriculture
(referred to in this section as the ``Secretary''), in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this subtitle.
(2) Map and description.--
(A) In general.--As soon as practicable after
the date of enactment of this subtitle, the
Secretary shall file a map and a legal
description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural
Resources of the House of
Representatives; and
(ii) the Committee on Energy and
Natural Resources of the Senate.
(B) Effect.--Each map and legal description
filed under subparagraph (A) shall have the
same force and effect as if included in this
subtitle, except that the Secretary may correct
minor errors in the map and legal description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall
be filed and made available for public
inspection in the appropriate office of the
Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), certain
Federal land managed by the Forest Service, comprising
approximately 5,346 acres as identified as ``Potential
Wilderness'' on the map, is designated as potential
wilderness.
(2) Designation as wilderness.--On the date on which
the Secretary publishes in the Federal Register notice
that any nonconforming uses in the potential wilderness
designated by paragraph (1) have terminated, the
potential wilderness shall be--
(A) designated as wilderness and as a
component of the National Wilderness
Preservation System; and
(B) incorporated into the adjacent wilderness
area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a
protective perimeter or buffer zone around any
wilderness area.
(2) Nonconforming uses permitted outside of
boundaries of wilderness areas.--Any activity or use
outside of the boundary of any wilderness area
designated under this section shall be permitted even
if the activity or use would be seen or heard within
the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and
diseases, in the wilderness areas designated by this section,
in accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and subject to such terms and conditions as
the Secretary determines to be appropriate.
SEC. 302. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:
``(231) Elwha river, washington.--The approximately
29.0-mile segment of the Elwha River and tributaries
from the source to Cat Creek, to be administered by the
Secretary of the Interior as a wild river.
``(232) Dungeness river, washington.--The segment of
the Dungeness River from the headwaters to the State of
Washington Department of Natural Resources land in T.
29 N., R. 4 W., sec. 12, to be administered by the
Secretary of Agriculture, except that portions of the
river within the boundaries of Olympic National Park
shall be administered by the Secretary of the Interior,
including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following
classes:
``(A) The approximately 5.8-mile segment of
the Dungeness River from the headwaters to the
2870 Bridge, as a wild river.
``(B) The approximately 2.1-mile segment of
the Dungeness River from the 2870 Bridge to
Silver Creek, as a scenic river.
``(C) The approximately 2.7-mile segment of
the Dungeness River from Silver Creek to Sleepy
Hollow Creek, as a wild river.
``(D) The approximately 6.3-mile segment of
the Dungeness River from Sleepy Hollow Creek to
the Olympic National Forest boundary, as a
scenic river.
``(E) The approximately 1.9-mile segment of
the Dungeness River from the National Forest
boundary to the State of Washington Department
of Natural Resources land in T. 29 N., R. 4 W.,
sec. 12, to be administered as a recreational
river through a cooperative management
agreement between the State of Washington and
the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e)).
``(F) The approximately 16.1-mile segment of
the Gray Wolf River from the headwaters to the
2870 Bridge, as a wild river.
``(G) The approximately 1.1-mile segment of
the Gray Wolf River from the 2870 Bridge to the
confluence with the Dungeness River, as a
scenic river.
``(233) Big quilcene river, washington.--The segment
of the Big Quilcene River from the headwaters to the
City of Port Townsend water intake facility, to be
administered by the Secretary of Agriculture, in the
following classes:
``(A) The approximately 4.4-mile segment from
the headwaters to the Buckhorn Wilderness
boundary, as a wild river.
``(B) The approximately 5.3-mile segment from
the Buckhorn Wilderness boundary to the City of
Port Townsend water intake facility, as a
scenic river.
``(C) Section 7(a), with respect to the
licensing of dams, water conduits, reservoirs,
powerhouses, transmission lines, or other
project works, shall apply to the approximately
5-mile segment from the City of Port Townsend
water intake facility to the Olympic National
Forest boundary.
``(234) Dosewallips river, washington.--The segment
of the Dosewallips River from the headwaters to the
private land in T. 26 N., R. 3 W., sec. 15, to be
administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of
Olympic National Park shall be administered by the
Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment
from the headwaters to Station Creek, as a wild
river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N.,
R. 3 W., sec. 15, as a scenic river.
``(235) Duckabush river, washington.--The segment of
the Duckabush River from the headwaters to the private
land in T. 25 N., R. 3 W., sec. 1, to be administered
by the Secretary of Agriculture, except that portions
of the river within the boundaries of Olympic National
Park shall be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 19.0-mile segment
from the headwaters to the Brothers Wilderness
boundary, as a wild river.
``(B) The approximately 1.9-mile segment from
the Brothers Wilderness boundary to the private
land in T. 25 N., R. 3 W., sec. 1, as a scenic
river.
``(236) Hamma hamma river, washington.--The segment
of the Hamma Hamma River from the headwaters to the
eastern edge of the NW1/4 sec. 21, T. 24 N., R. 3 W.,
to be administered by the Secretary of Agriculture, in
the following classes:
``(A) The approximately 3.1-mile segment from
the headwaters to the Mt. Skokomish Wilderness
boundary, as a wild river.
``(B) The approximately 5.8-mile segment from
the Mt. Skokomish Wilderness boundary to Lena
Creek, as a scenic river.
``(C) The approximately 6.8-mile segment from
Lena Creek to the eastern edge of the NW1/4
sec. 21, T. 24 N., R. 3 W., to be administered
as a recreational river through a cooperative
management agreement between the State of
Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the
headwaters to the Olympic National Forest boundary to
be administered by the Secretary of Agriculture, in the
following classes:
``(A) The approximately 6.7-mile segment from
the headwaters to Church Creek, as a wild
river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from
LeBar Creek to upper end of gorge in the NW1/4
sec. 22, T. 22 N., R. 5 W., as a recreational
river.
``(D) The approximately 6.0-mile segment from
the upper end of the gorge to the Olympic
National Forest boundary, as a scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork
Satsop River from the headwaters to the Olympic
National Forest boundary, to be administered by the
Secretary of Agriculture, as a scenic river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop
River from the headwaters to the Olympic National
Forest boundary, to be administered by the Secretary of
Agriculture, as a scenic river.
``(240) Wynoochee river, washington.--The segment of
the Wynoochee River from the headwaters to the head of
Wynoochee Reservoir to be administered by the Secretary
of Agriculture, except that portions of the river
within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 2.5-mile segment from
the headwaters to the boundary of the Wonder
Mountain Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from
the boundary of the Wonder Mountain Wilderness
to the head of Wynoochee Reservoir, as a
recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the
headwaters to the Olympic National Forest boundary to
be administered by the Secretary of Agriculture, in the
following classes:
``(A) The approximately 7.4-mile segment from
the headwaters to the Moonlight Dome Wilderness
boundary, as a wild river.
``(B) The approximately 10.3-mile segment
from the Moonlight Dome Wilderness boundary to
the Olympic National Forest boundary, as a
scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork
Humptulips River from the headwaters to the Olympic
National Forest Boundary, to be administered by the
Secretary of Agriculture, as a scenic river.
``(243) Quinault river, washington.--The segment of
the Quinault River from the headwaters to private land
in T. 24 N., R. 8 W., sec. 33, to be administered by
the Secretary of the Interior, in the following
classes:
``(A) The approximately 16.5-mile segment
from the headwaters to Graves Creek, as a wild
river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic
river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R.
8 W., sec. 33, as a recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic
National Park boundary to be administered by the
Secretary of the Interior, except that portions of the
river outside the boundaries of Olympic National Park
shall be administered by the Secretary of Agriculture,
including the following segments of the mainstem and
certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of
the Queets River from the headwaters to the
confluence with Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of
the Queets River from the confluence with Sams
River to the Olympic National Park boundary, as
a scenic river.
``(C) The approximately 15.7-mile segment of
the Sams River from the headwaters to the
confluence with the Queets River, as a scenic
river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the
confluence with the Queets River, to be
administered as a scenic river through a
cooperative management agreement between the
State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the
Hoh River and the major tributary South Fork Hoh from
the headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 20.7-mile segment of
the Hoh River from the headwaters to Jackson
Creek, as a wild river.
``(B) The approximately 6.0-mile segment of
the Hoh River from Jackson Creek to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of
the South Fork Hoh River from the headwaters to
the Olympic National Park boundary, as a wild
river.
``(D) The approximately 4.6-mile segment of
the South Fork Hoh River from the Olympic
National Park boundary to the Washington State
Department of Natural Resources boundary in T.
27 N., R. 10 W., sec. 29, to be administered as
a recreational river through a cooperative
management agreement between the State of
Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The
approximately 25.6-mile segment of the Bogachiel River
from the source to the Olympic National Park boundary,
to be administered by the Secretary of the Interior, as
a wild river.
``(247) South fork calawah river, washington.--The
segment of the South Fork Calawah River and the major
tributary Sitkum River from the headwaters to Hyas
Creek to be administered by the Secretary of
Agriculture, except those portions of the river within
the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior,
including the following segments in the following
classes:
``(A) The approximately 15.7-mile segment of
the South Fork Calawah River from the
headwaters to the Sitkum River, as a wild
river.
``(B) The approximately 0.9-mile segment of
the South Fork Calawah River from the Sitkum
River to Hyas Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of
the Sitkum River from the headwaters to the
Rugged Ridge Wilderness boundary, as a wild
river.
``(D) The approximately 11.9-mile segment of
the Sitkum River from the Rugged Ridge
Wilderness boundary to the confluence with the
South Fork Calawah, as a scenic river.
``(248) Sol duc river, washington.--The segment of
the Sol Duc River from the headwaters to the Olympic
National Park boundary to be administered by the
Secretary of the Interior, including the following
segments of the mainstem and certain tributaries in the
following classes:
``(A) The approximately 7.0-mile segment of
the Sol Duc River from the headwaters to the
end of Sol Duc Hot Springs Road, as a wild
river.
``(B) The approximately 10.8-mile segment of
the Sol Duc River from the end of Sol Duc Hot
Springs Road to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 14.2-mile segment of
the North Fork Sol Duc River from the
headwaters to the Olympic Hot Springs Road
bridge, as a wild river.
``(D) The approximately 0.2-mile segment of
the North Fork Sol Duc River from the Olympic
Hot Springs Road bridge to the confluence with
the Sol Duc River, as a scenic river.
``(E) The approximately 8.0-mile segment of
the South Fork Sol Duc River from the
headwaters to the confluence with the Sol Duc
River, as a scenic river.
``(249) Lyre river, washington.--The approximately
0.2-mile segment of the Lyre River from Lake Crescent
to the Olympic National Park boundary, to be
administered by the Secretary of the Interior as a
scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not
affect valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2),
not later than 3 years after the date of the enactment
of this subtitle, the Secretary of Agriculture shall,
with respect to the designations made under subsection
(a) on lands under the jurisdiction of the Secretary,
incorporate such designations into updated management
plans for units of the National Forest System in
accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1)
shall be 5 years after the date of the enactment of
this subtitle if the Secretary of Agriculture--
(A) is unable to meet the requirement under
such paragraph by the date specified in such
paragraph; and
(B) not later than 3 years after the date of
the enactment of this subtitle, includes in the
Department of Agriculture annual budget
submission to Congress a request for additional
sums as may be necessary to meet the
requirement of such paragraph.
(3) Comprehensive management plan requirements.--
Updated management plans under paragraph (1) or (2)
satisfy the requirements under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
SEC. 303. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the
National Wild and Scenic Rivers Act (16 U.S.C. 1283(b)),
nothing in this subtitle or the amendment made by section
302(a) affects or abrogates existing rights, privileges, or
contracts held by private parties, nor does this subtitle in
any way modify or direct the management, acquisition, or
disposition of lands managed by the Washington Department of
Natural Resources on behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by this subtitle and the amendment made by section
302(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
SEC. 304. TREATY RIGHTS.
Nothing in this subtitle alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian tribe
with hunting, fishing, gathering, and cultural or religious
rights as protected by a treaty.
Subtitle D--Central Coast Heritage Protection
SEC. 401. DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic area'' means a
scenic area designated by section 407(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the
Bureau of Land Management, the Secretary of the
Interior; and
(B) with respect to land managed by the
Forest Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area''
means a wilderness area or wilderness addition
designated by section 402(a).
SEC. 402. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Certain land in the Bakersfield Field Office of
the Bureau of Land Management comprising approximately
35,116 acres, as generally depicted on the map entitled
``Proposed Caliente Mountain Wilderness'' and dated
November 13, 2019, which shall be known as the
``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of
the Bureau of Land Management comprising approximately
13,332 acres, as generally depicted on the map entitled
``Proposed Soda Lake Wilderness'' and dated June 25,
2019, which shall be known as the ``Soda Lake
Wilderness''.
(3) Certain land in the Bakersfield Field Office of
the Bureau of Land Management comprising approximately
12,585 acres, as generally depicted on the map entitled
``Proposed Temblor Range Wilderness'' and dated June
25, 2019, which shall be known as the ``Temblor Range
Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally
depicted on the map entitled ``Chumash Wilderness Area
Additions--Proposed'' and dated March 29, 2019, which
shall be incorporated into and managed as part of the
Chumash Wilderness as designated by the Los Padres
Condor Range and River Protection Act (Public Law 102-
301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally
depicted on the maps entitled ``Dick Smith Wilderness
Area Additions--Proposed Map 1 of 2 (Bear Canyon and
Cuyama Peak Units)'' and ``Dick Smith Wilderness Area
Additions--Proposed Map 2 of 2 (Buckhorn and Mono
Units)'' and dated November 14, 2019, which shall be
incorporated into and managed as part of the Dick Smith
Wilderness as designated by the California Wilderness
Act of 1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(6) Certain land in the Los Padres National Forest
and the Bakersfield Field Office of the Bureau of Land
Management comprising approximately 7,289 acres, as
generally depicted on the map entitled ``Garcia
Wilderness Area Additions--Proposed'' and dated March
29, 2019, which shall be incorporated into and managed
as part of the Garcia Wilderness as designated by the
Los Padres Condor Range and River Protection Act
(Public Law 102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest
and the Bakersfield Field Office of the Bureau of Land
Management comprising approximately 8,774 acres, as
generally depicted on the map entitled ``Machesna
Mountain Wilderness--Proposed Additions'' and dated
October 30, 2019, which shall be incorporated into and
managed as part of the Machesna Mountain Wilderness as
designated by the California Wilderness Act of 1984
(Public Law 98-425; 16 U.S.C. 1132 note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally
depicted on the map entitled ``Matilija Wilderness Area
Additions--Proposed'' and dated March 29, 2019, which
shall be incorporated into and managed as part of the
Matilija Wilderness as designated by the Los Padres
Condor Range and River Protection Act (Public Law 102-
301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally
depicted on the map entitled ``San Rafael Wilderness
Area Additions--Proposed'' and dated February 2, 2021,
which shall be incorporated into and managed as part of
the San Rafael Wilderness as designated by Public Law
90-271 (82 Stat. 51), the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note), and the
Los Padres Condor Range and River Protection Act
(Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally
depicted on the map entitled ``Santa Lucia Wilderness
Area Additions--Proposed'' and dated March 29, 2019,
which shall be incorporated into and managed as part of
the Santa Lucia Wilderness as designated by the
Endangered American Wilderness Act of 1978 (Public Law
95-237; 16 U.S.C. 1132 note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally
depicted on the map entitled ``Sespe Wilderness Area
Additions--Proposed'' and dated March 29, 2019, which
shall be incorporated into and managed as part of the
Sespe Wilderness as designated by the Los Padres Condor
Range and River Protection Act (Public Law 102-301; 106
Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally
depicted on the map entitled ``Diablo Caliente
Wilderness Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Diablo Caliente
Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this subtitle, the Secretary shall
file maps and legal descriptions of the wilderness
areas with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical and typographical
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal
descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service and Bureau of Land
Management.
SEC. 403. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 2,359
acres, as generally depicted on the map entitled ``Machesna
Mountain Potential Wilderness'' and dated March 29, 2019, is
designated as the Machesna Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of enactment of this subtitle, the Secretary shall
file a map and legal description of the Machesna
Mountain Potential Wilderness Area (referred to in this
section as the ``potential wilderness area'') with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical and typographical
errors in the map and legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(d) Trail Use, Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2),
the Secretary may reconstruct, realign, or reroute the
Pine Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use
the minimum tool or administrative practice
necessary to accomplish the reconstruction,
realignment, or rerouting with the least amount
of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance
with paragraph (2), the Secretary may use motorized
vehicles and machinery to carry out the trail
reconstruction, realignment, or rerouting authorized by
this subsection.
(4) Motorized and mechanized vehicles.--The Secretary
may permit the use of motorized and mechanized vehicles
on the existing Pine Mountain Trail in accordance with
existing law (including regulations) and this
subsection until such date as the potential wilderness
area is designated as wilderness in accordance with
subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with State,
Tribal, and local governmental entities and private entities to
complete the trail reconstruction, realignment, or rerouting
authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 150
feet of the centerline of the new location of any trail that
has been reconstructed, realigned, or rerouted under subsection
(d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as
modified under subsection (g), shall be designated as
wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes
in the Federal Register notice that the trail
reconstruction, realignment, or rerouting
authorized by subsection (d) has been
completed; or
(B) the date that is 20 years after the date
of enactment of this subtitle.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness
area shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the
California Wilderness Act of 1984 (Public Law
98-425; 16 U.S.C. 1132 note) and expanded by
section 402; and
(B) administered in accordance with section
404 and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 404. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) any reference in the Wilderness Act (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 subtitle; and
(2) any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the Secretary of Agriculture shall be
considered to be a reference to the Secretary that has
jurisdiction over the wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures
in a wilderness area as are necessary for the control
of fire, insects, and diseases in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle
limits funding for fire and fuels management in the
wilderness areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall amend
the local information in the Fire Management Reference
System or individual operational plans that apply to
the land designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1)
and other applicable Federal law, to ensure a timely
and efficient response to fire emergencies in the
wilderness areas, the Secretary shall enter into
agreements with appropriate State or local firefighting
agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas, if established before the date of enactment of this
subtitle, shall be permitted to continue, subject to any
reasonable regulations as the Secretary considers necessary in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House
Report 101-405, accompanying H.R. 2570 of the 101st
Congress for land under the jurisdiction of the
Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land
under the jurisdiction of the Secretary of Agriculture;
and
(4) all other laws governing livestock grazing on
Federal public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this subtitle affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife on public land in the State.
(2) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct any
management activities that are necessary to maintain or
restore fish and wildlife populations and habitats in
the wilderness areas, if the management activities
are--
(A) consistent with relevant wilderness
management plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in
Appendix B of House Report 101-405; and
(C) in accordance with memoranda of
understanding between the Federal agencies and
the State Department of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this subtitle to
lead to the creation of protective perimeters or buffer
zones around each wilderness area.
(2) Activities or uses up to boundaries.--The fact
that nonwilderness activities or uses can be seen or
heard from within a wilderness area shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over
the wilderness areas;
(2) the designation of new units of special airspace
over the wilderness areas; or
(3) the use or establishment of military flight
training routes over wilderness areas.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational saddle or pack stock
into, a wilderness area--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area that is acquired by
the United States shall--
(1) become part of the wilderness area in which the
land is located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(C) any other applicable law.
(j) Treatment of Existing Water Diversions in the San Rafael
Wilderness Additions.--
(1) Authorization for continued use.--The Secretary
of Agriculture may issue a special use authorization to
the owners of the 2 existing water transport or
diversion facilities, including administrative access
roads (in this subsection referred to as a
``facility''), located on National Forest System land
in the San Rafael Wilderness Additions in the Moon
Canyon unit (T. 11 N., R. 30 W., secs. 13 and 14) and
the Peak Mountain unit (T. 10 N., R. 28 W., secs. 23
and 26) for the continued operation, maintenance, and
reconstruction of the facility if the Secretary
determines that--
(A) the facility was in existence on the date
on which the land on which the facility is
located was designated as part of the National
Wilderness Preservation System (in this
subsection referred to as ``the date of
designation'');
(B) the facility has been in substantially
continuous use to deliver water for the
beneficial use on the non-Federal land of the
owner since the date of designation;
(C) the owner of the facility holds a valid
water right for use of the water on the non-
Federal land of the owner under State law, with
a priority date that predates the date of
designation; and
(D) it is not practicable or feasible to
relocate the facility to land outside of the
wilderness and continue the beneficial use of
water on the non-Federal land recognized under
State law.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a
special use authorization issued under
paragraph (1), the Secretary may--
(i) allow use of motorized equipment
and mechanized transport for operation,
maintenance, or reconstruction of a
facility, if the Secretary determines
that--
(I) the use is the minimum
necessary to allow the facility
to continue delivery of water
to the non-Federal land for the
beneficial uses recognized by
the water right held under
State law; and
(II) the use of nonmotorized
equipment and nonmechanized
transport is impracticable or
infeasible; and
(ii) preclude use of the facility for
the diversion or transport of water in
excess of the water right recognized by
the State on the date of designation.
(B) Discretionary terms and conditions.--In a
special use authorization issued under
paragraph (1), the Secretary may require or
allow modification or relocation of the
facility in the wilderness, as the Secretary
determines necessary, to reduce impacts to
wilderness values set forth in section 2 of the
Wilderness Act (16 U.S.C. 1131) if the
beneficial use of water on the non-Federal land
is not diminished.
(k) Treatment of Existing Electrical Distribution Line in the
San Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary
of Agriculture may issue a special use authorization to
the owners of the existing electrical distribution line
to the Plowshare Peak communication site (in this
subsection referred to as a ``facility'') located on
National Forest System land in the San Rafael
Wilderness Additions in the Moon Canyon unit (T. 11 N.,
R. 30 W., secs. 2, 3 and 4) for the continued
operation, maintenance, and reconstruction of the
facility if the Secretary determines that--
(A) the facility was in existence on the date
on which the land on which the facility is
located was designated as part of the National
Wilderness Preservation System (in this
subsection referred to as ``the date of
designation'');
(B) the facility has been in substantially
continuous use to deliver electricity to the
communication site; and
(C) it is not practicable or feasible to
relocate the distribution line to land outside
of the wilderness.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a
special use authorization issued under
paragraph (1), the Secretary may allow use of
motorized equipment and mechanized transport
for operation, maintenance, or reconstruction
of the electrical distribution line, if the
Secretary determines that the use of
nonmotorized equipment and nonmechanized
transport is impracticable or infeasible.
(B) Discretionary terms and conditions.--In a
special use authorization issued under
paragraph (1), the Secretary may require or
allow modification or relocation of the
facility in the wilderness, as the Secretary
determines necessary, to reduce impacts to
wilderness values set forth in section 2 of the
Wilderness Act (16 U.S.C. 1131).
(l) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms
and conditions as the Secretary may prescribe, the Secretary
may authorize the installation and maintenance of hydrologic,
meteorologic, or climatological collection devices in the
wilderness areas if the Secretary determines that the
facilities and access to the facilities are essential to flood
warning, flood control, or water reservoir operation
activities.
SEC. 405. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek,
California.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(231) Indian creek, california.--The following
segments of Indian Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek
from its source in sec. 19, T. 7 N., R. 26 W.,
to the Dick Smith Wilderness boundary, as a
wild river.
``(B) The 1-mile segment of Indian Creek from
the Dick Smith Wilderness boundary to 0.25
miles downstream of Road 6N24, as a scenic
river.
``(C) The 3.9-mile segment of Indian Creek
from 0.25 miles downstream of Road 6N24 to the
southern boundary of sec. 32, T. 6 N., R. 26
W., as a wild river.
``(232) Mono creek, california.--The following
segments of Mono Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from
its source in sec. 1, T. 7 N., R. 26 W., to
0.25 miles upstream of Don Victor Fire Road in
sec. 28, T. 7 N., R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from
0.25 miles upstream of the Don Victor Fire Road
in sec. 28, T. 7 N., R. 25 W., to 0.25 miles
downstream of Don Victor Fire Road in sec. 34,
T. 7 N., R. 25 W., as a recreational river.
``(C) The 14.7-mile segment of Mono Creek
from 0.25 miles downstream of Don Victor Fire
Road in sec. 34, T. 7 N., R. 25 W., to the
Ogilvy Ranch private property boundary in sec.
22, T. 6 N., R. 26 W., as a wild river.
``(D) The 3.5-mile segment of Mono Creek from
the Ogilvy Ranch private property boundary to
the southern boundary of sec. 33, T. 6 N., R.
26 W., as a recreational river.
``(233) Matilija creek, california.--The following
segments of Matilija Creek in the State of California,
to be administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija
Creek from its source in sec. 25, T. 6 N., R.
25 W., to the private property boundary in sec.
9, T. 5 N., R. 24 W., as a wild river.
``(B) The 7.25-mile segment of the Upper
North Fork Matilija Creek from its source in
sec. 36, T. 6 N., R. 24 W., to the Matilija
Wilderness boundary, as a wild river.''.
(b) Sespe Creek, California.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (142) and inserting the following:
``(142) Sespe creek, california.--The following
segments of Sespe Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek
from the private property boundary in sec. 10,
T. 6 N., R. 24 W., to the Hartman Ranch private
property boundary in sec. 14, T. 6 N., R. 24
W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from
the Hartman Ranch private property boundary in
sec. 14, T. 6 N., R. 24 W., to the western
boundary of sec. 6, T. 5 N., R. 22 W., as a
recreational river.
``(C) The 6.1-mile segment of Sespe Creek
from the western boundary of sec. 6, T. 5 N.,
R. 22 W., to the confluence with Trout Creek,
as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek
from the confluence with Trout Creek to the
southern boundary of sec. 35, T. 5 N., R. 20
W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following
segments of the Sisquoc River and its tributaries in
the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of
the Sisquoc River extending from its origin
downstream to the Los Padres Forest boundary,
as a wild river.
``(B) The 4.2-mile segment of the South Fork
Sisquoc River from its source northeast of San
Rafael Mountain in sec. 2, T. 7 N., R. 28 W.,
to its confluence with the Sisquoc River, as a
wild river.
``(C) The 10.4-mile segment of Manzana Creek
from its source west of San Rafael Peak in sec.
4, T. 7 N., R. 28 W., to the San Rafael
Wilderness boundary upstream of Nira
Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek
from the San Rafael Wilderness boundary
upstream of the Nira Campground to the San
Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek, as a
recreational river.
``(E) The 5.8-mile segment of Manzana Creek
from the San Rafael Wilderness boundary
downstream of the confluence of Davy Brown
Creek to the private property boundary in sec.
1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek
from the private property boundary in sec. 1,
T. 8 N., R. 30 W., to the confluence of the
Sisquoc River, as a recreational river.
``(G) The 3.4-mile segment of Davy Brown
Creek from its source west of Ranger Peak in
sec. 32, T. 8 N., R. 29 W., to 300 feet
upstream of its confluence with Munch Canyon,
as a wild river.
``(H) The 1.4-mile segment of Davy Brown
Creek from 300 feet upstream of its confluence
with Munch Canyon to its confluence with
Manzana Creek, as a recreational river.
``(I) The 2-mile segment of Munch Canyon from
its source north of Ranger Peak in sec. 33, T.
8 N., R. 29 W., to 300 feet upstream of its
confluence with Sunset Valley Creek, as a wild
river.
``(J) The 0.5-mile segment of Munch Canyon
from 300 feet upstream of its confluence with
Sunset Valley Creek to its confluence with Davy
Brown Creek, as a recreational river.
``(K) The 2.6-mile segment of Fish Creek from
500 feet downstream of Sunset Valley Road to
its confluence with Manzana Creek, as a wild
river.
``(L) The 1.5-mile segment of East Fork Fish
Creek from its source in sec. 26, T. 8 N., R.
29 W., to its confluence with Fish Creek, as a
wild river.''.
(d) Piru Creek, California.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (199) and inserting the following:
``(199) Piru creek, california.--The following
segments of Piru Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from
its source in sec. 3, T. 6 N., R. 22 W., to the
private property boundary in sec. 4, T. 6 N.,
R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek
from the private property boundary in sec. 4,
T. 6 N., R. 21 W., to 0.25 miles downstream of
the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from
0.25 miles downstream of Gold Hill Road to the
confluence with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek
from the confluence with Trail Canyon to the
confluence with Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from
0.5 miles downstream of Pyramid Dam at the
first bridge crossing to the boundary of the
Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from
the boundary of the Sespe Wilderness to the
boundary of the Sespe Wilderness, as a wild
river.
``(G) The 2.2-mile segment of Piru Creek from
the boundary of the Sespe Wilderness to the
upper limit of Piru Reservoir, as a
recreational river.''.
(e) Effect.--The designation of additional miles of Piru
Creek under subsection (d) shall not affect valid water rights
in existence on the date of enactment of this subtitle.
(f) Motorized Use of Trails.--Nothing in this section
(including the amendments made by this section) affects the
motorized use of trails designated by the Forest Service for
motorized use that are located adjacent to and crossing upper
Piru Creek, if the use is consistent with the protection and
enhancement of river values under the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.).
SEC. 406. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 41,082
acres, as generally depicted on the map entitled ``Fox Mountain
Potential Wilderness Area'' and dated November 14, 2019, is
designated as the Fox Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of enactment of this subtitle, the Secretary of
Agriculture shall file a map and a legal description of
the Fox Mountain Potential Wilderness Area (referred to
in this section as the ``potential wilderness area'')
with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary of Agriculture may correct any clerical and
typographical errors in the map and legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(d) Trail Use Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2),
the Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that
connects the Aliso Park Campground to the Bull
Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use
the minimum tool or administrative practice
necessary to accomplish the construction,
reconstruction, or alignment with the least
amount of adverse impact on wilderness
character and resources.
(3) Motorized vehicles and machinery.--In accordance
with paragraph (2), the Secretary may use motorized
vehicles and machinery to carry out the trail
construction, reconstruction, or realignment authorized
by this subsection.
(4) Mechanized vehicles.--The Secretary may permit
the use of mechanized vehicles on the existing Bull
Ridge Trail and Rocky Ridge Trail in accordance with
existing law (including regulations) and this
subsection until such date as the potential wilderness
area is designated as wilderness in accordance with
subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with State,
Tribal, and local governmental entities and private entities to
complete the trail construction, reconstruction, and
realignment authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 50
feet of the centerline of the new location of any trail that
has been constructed, reconstructed, or realigned under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as
modified under subsection (g), shall be designated as
wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes
in the Federal Register notice that the trail
construction, reconstruction, or alignment
authorized by subsection (d) has been
completed; or
(B) the date that is 20 years after the date
of enactment of this subtitle.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness
area shall be--
(A) incorporated into the San Rafael
Wilderness, as designated by Public Law 90-271
(82 Stat. 51), the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note),
and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat.
242), and section 402; and
(B) administered in accordance with section
404 and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 407. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the
Los Padres National Forest comprising approximately
18,666 acres, as generally depicted on the map entitled
``Condor Ridge Scenic Area--Proposed'' and dated March
29, 2019, which shall be known as the ``Condor Ridge
Scenic Area''.
(2) Black mountain scenic area.--Certain land in the
Los Padres National Forest and the Bakersfield Field
Office of the Bureau of Land Management comprising
approximately 16,216 acres, as generally depicted on
the map entitled ``Black Mountain Scenic Area--
Proposed'' and dated March 29, 2019, which shall be
known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this subtitle, the Secretary of
Agriculture shall file a map and legal description of
the Condor Ridge Scenic Area and Black Mountain Scenic
Area with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary of Agriculture may correct any clerical and
typographical errors in the maps and legal
descriptions.
(3) Public availability.--The maps and legal
descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service and Bureau of Land
Management.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present
and future generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the
scenic areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and
in particular the scenic character attributes
of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and
Management Act (43 U.S.C. 1701 et seq.)
for land under the jurisdiction of the
Secretary of the Interior;
(iii) any laws (including
regulations) relating to the National
Forest System, for land under the
jurisdiction of the Secretary of
Agriculture; and
(iv) any other applicable law
(including regulations).
(2) Uses.--The Secretary shall only allow those uses
of the scenic areas that the Secretary determines would
further the purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the scenic areas is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on
the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum
requirements for the administration of the scenic areas
and to protect public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures in the
scenic areas that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of
those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise
authorized activity or use can be seen or heard within a scenic
area shall not preclude the activity or use outside the
boundary of the scenic area.
SEC. 408. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant to
this section shall be known as the ``Condor National Scenic
Trail'' named after the California condor, a critically
endangered bird species that lives along the extent of the
trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic
Trail are to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los
Padres National Forest, spanning the entire length of
the forest along the coastal mountains of southern and
central California; and
(2) provide for the public enjoyment of the
nationally significant scenic, historic, natural, and
cultural qualities of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) is amended by adding at the end the
following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic
Trail, a trail extending approximately 400
miles from Lake Piru in the southern portion of
the Los Padres National Forest to the Bottchers
Gap Campground in northern portion of the Los
Padres National Forest.
``(B) Administration.--The trail shall be
administered by the Secretary of Agriculture,
in consultation with--
``(i) other Federal, State, Tribal,
regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested
organizations.
``(C) Recreational uses.--Notwithstanding
section 7(c), the use of motorized vehicles on
roads or trails included in the Condor National
Scenic Trail on which motorized vehicles are
permitted as of the date of enactment of this
paragraph may be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary
shall not acquire for the trail any
land or interest in land outside the
exterior boundary of any federally
managed area without the consent of the
owner of land or interest in land.
``(ii) Effect.--Nothing in this
paragraph--
``(I) requires any private
property owner to allow public
access (including Federal,
State, or local government
access) to private property; or
``(II) modifies any provision
of Federal, State, or local law
with respect to public access
to or use of private land.
``(E) Realignment.--The Secretary of
Agriculture may realign segments of the Condor
National Scenic Trail as necessary to fulfill
the purposes of the trail.
``(F) Map.--The map referred to in
subparagraph (A) shall be on file and available
for public inspection in the appropriate
offices of the Forest Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the
date of enactment of this subtitle, in accordance with
this section, the Secretary of Agriculture shall
conduct a study that--
(A) addresses the feasibility of, and
alternatives for, connecting the northern and
southern portions of the Los Padres National
Forest by establishing a trail across the
applicable portions of the northern and
southern Santa Lucia Mountains of the southern
California Coastal Range; and
(B) considers realignment of the trail or
construction of new trail segments to avoid
existing trail segments that currently allow
motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national
scenic trail studies described in section 5(b)
of the National Trails System Act (16 U.S.C.
1244(b));
(B) provide for a continual hiking route
through and connecting the southern and
northern sections of the Los Padres National
Forest;
(C) promote recreational, scenic, wilderness
and cultural values;
(D) enhance connectivity with the overall
National Forest trail system;
(E) consider new connectors and realignment
of existing trails;
(F) emphasize safe and continuous public
access, dispersal from high-use areas, and
suitable water sources; and
(G) to the extent practicable, provide all-
year use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture
shall consult with--
(A) appropriate Federal, State, Tribal,
regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall
submit the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(5) Additions and alterations to the condor national
scenic trail.--
(A) In general.--Upon completion of the study
required by paragraph (1), if the Secretary of
Agriculture determines that additional or
alternative trail segments are feasible for
inclusion in the Condor National Scenic Trail,
the Secretary of Agriculture shall include
those segments in the Condor National Scenic
Trail.
(B) Effective date.--Additions or
alternations to the Condor National Scenic
Trail shall be effective on the date the
Secretary of Agriculture publishes in the
Federal Register notice that the additional or
alternative segments are included in the Condor
National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary
of Agriculture may enter into cooperative agreements with
State, Tribal, and local government entities and private
entities to complete needed trail construction, reconstruction,
and realignment projects authorized by this section (including
the amendments made by this section).
SEC. 409. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this
subtitle, the Secretary of Agriculture (acting through the
Chief of the Forest Service) shall study the feasibility of
opening a new trail, for vehicles measuring 50 inches or less,
connecting Forest Service Highway 95 to the existing off-
highway vehicle trail system in the Ballinger Canyon off-
highway vehicle area.
SEC. 410. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this
subtitle, the Secretary of Agriculture, in consultation with
interested parties, shall conduct a study to improve
nonmotorized recreation trail opportunities (including mountain
bicycling) on land not designated as wilderness within the
Santa Barbara, Ojai, and Mt. Pinos ranger districts.
SEC. 411. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have
access, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), to the wilderness areas, scenic areas, and potential
wilderness areas designated by this subtitle for traditional
cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close
to the general public one or more specific portions of
a wilderness area, scenic area, or potential wilderness
area designated by this subtitle to protect the privacy
of the members of the Tribe in the conduct of
traditional cultural and religious activities.
(2) Requirement.--Any closure under paragraph (1)
shall be--
(A) made in such a manner as to affect the
smallest practicable area for the minimum
period of time necessary for the activity to be
carried out; and
(B) be consistent with the purpose and intent
of Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42
U.S.C. 1996) and the Wilderness Act (16 U.S.C.
1131 et seq.).
Subtitle E--San Gabriel Mountains Foothills and Rivers Protection
SEC. 501. DEFINITION OF STATE.
In this subtitle, the term ``State'' means the State of
California.
PART 1--SAN GABRIEL NATIONAL RECREATION AREA
SEC. 511. PURPOSES.
The purposes of this part are--
(1) to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
ecological, scenic, wildlife, recreational, cultural,
historical, natural, educational, and scientific
resources of the Recreation Area;
(2) to provide environmentally responsible, well-
managed recreational opportunities within the
Recreation Area;
(3) to improve access to and from the Recreation
Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and
appreciation for, the natural and cultural resources of
the Recreation Area;
(5) to facilitate the cooperative management of the
land and resources within the Recreation Area, in
collaboration with the State and political subdivisions
of the State, historical, business, cultural, civic,
recreational, tourism and other nongovernmental
organizations, and the public; and
(6) to allow the continued use of the Recreation Area
by all individuals, entities, and local government
agencies in activities relating to integrated water
management, flood protection, water conservation, water
quality, water rights, water supply, groundwater
recharge and monitoring, wastewater treatment, public
roads and bridges, and utilities within or adjacent to
the Recreation Area.
SEC. 512. DEFINITIONS.
In this part:
(1) Adjudication.--The term ``adjudication'' means
any final judgment, order, ruling, or decree entered in
any judicial proceeding adjudicating or affecting water
rights, surface water management, or groundwater
management.
(2) Advisory council.--The term ``Advisory Council''
means the San Gabriel National Recreation Area Public
Advisory Council established under section 517(a).
(3) Federal lands.--The term ``Federal lands''
means--
(A) public lands under the jurisdiction of
the Secretary of the Interior; and
(B) lands under the jurisdiction of the
Secretary of Defense, acting through the Chief
of Engineers.
(4) Management plan.--The term ``management plan''
means the management plan for the Recreation Area
required under section 514(d).
(5) Partnership.--The term ``Partnership'' means the
San Gabriel National Recreation Area Partnership
established by section 518(a).
(6) Public water system.--The term ``public water
system'' has the meaning given the term in 42 U.S.C.
300(f)(4) or in section 116275 of the California Health
and Safety Code.
(6) Recreation area.--The term ``Recreation Area''
means the San Gabriel National Recreation Area
established by section 513(a).
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(8) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication
facilities, towers, poles, and lines, ground
wires, communication circuits, and other
structures, and related infrastructure; and
(B) any such facilities associated with a
public water system.
(9) Water resource facility.--The term ``water
resource facility'' means irrigation and pumping
facilities, dams and reservoirs, flood control
facilities, water conservation works, including debris
protection facilities, sediment placement sites, rain
gauges and stream gauges, water quality facilities,
recycled water facilities, water pumping, conveyance
and distribution systems, water storage tanks and
reservoirs, and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower projects,
and transmission and other ancillary facilities,
groundwater recharge facilities, water conservation,
water filtration plants, and other water diversion,
conservation, groundwater recharge, storage, and
carriage structures.
SEC. 513. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing
rights, there is established as a unit of the National Park
System in the State the San Gabriel National Recreation Area,
which shall consist of approximately 49,387 acres of Federal
land and interests in land in the State depicted as the
``Proposed San Gabriel National Recreation Area'' on the map
entitled ``San Gabriel National Recreation Area Proposed
Boundary'' and dated July 2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of the enactment of this subtitle, the Secretary
shall file a map and a legal description of the
Recreation Area with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary,
acting through the Director of the National Park
Service.
(2) Department of defense land.--Although certain
Federal lands under the jurisdiction of the Secretary
of Defense are included in the recreation area, nothing
in this part transfers administration jurisdiction of
such Federal lands from the Secretary of Defense or
otherwise affects Federal lands under the jurisdiction
of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this
part alters, modifies, or diminishes any right,
responsibility, power, authority, jurisdiction, or
entitlement of the State, a political subdivision of
the State, including, but not limited to courts of
competent jurisdiction, regulatory commissions, boards,
and departments, or any State or local agency under any
applicable Federal, State, or local law (including
regulations).
SEC. 514. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights,
the Secretary shall manage the public lands included in the
Recreation Area in a manner that protects and enhances the
natural resources and values of the public lands, in accordance
with--
(1) this part;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54,
United States Code (formerly known as the ``National
Park Service Organic Act'');
(3) the laws generally applicable to units of the
National Park System; and
(4) other applicable law, regulations, adjudications,
and orders.
(b) Cooperation With Secretary of Defense.--The Secretary
shall cooperate with the Secretary of Defense to develop
opportunities for the management of the Federal land under the
jurisdiction of the Secretary of Defense included in the
Recreation Area in accordance with the purposes described in
section 511, to the maximum extent practicable.
(c) Treatment of Non-federal Land.--
(1) In general.--Nothing in this part--
(A) authorizes the Secretary to take any
action that would affect the use of any land
not owned by the United States within the
Recreation Area;
(B) affects the use of, or access to, any
non-Federal land within the Recreation Area;
(C) modifies any provision of Federal, State,
or local law with respect to public access to,
or use of, non-Federal land;
(D) requires any owner of non-Federal land to
allow public access (including Federal, State,
or local government access) to private property
or any other non-Federal land;
(E) alters any duly adopted land use
regulation, approved land use plan, or any
other regulatory authority of any State or
local agency or unit of Tribal government;
(F) creates any liability, or affects any
liability under any other law, of any private
property owner or other owner of non-Federal
land with respect to any person injured on the
private property or other non-Federal land;
(G) conveys to the Partnership any land use
or other regulatory authority;
(H) shall be construed to cause any Federal,
State, or local regulation or permit
requirement intended to apply to units of the
National Park System to affect the federal
lands under the jurisdiction of the Secretary
of Defense or non-Federal lands within the
boundaries of the recreation area; or
(I) requires any local government to
participate in any program administered by the
Secretary.
(2) Cooperation.--The Secretary is encouraged to work
with owners of non-Federal land who have agreed to
cooperate with the Secretary to advance the purposes of
this part.
(3) Buffer zones.--
(A) In general.--Nothing in this part
establishes any protective perimeter or buffer
zone around the Recreation Area.
(B) Activities or uses up to boundaries.--The
fact that an activity or use of land can be
seen or heard from within the Recreation Area
shall not preclude the activity or land use up
to the boundary of the Recreation Area.
(4) Facilities.--Nothing in this part affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or
expansion of any water resource facility or public
water system, or any solid waste, sanitary sewer, water
or waste-water treatment, groundwater recharge or
conservation, hydroelectric, conveyance distribution
system, recycled water facility, or utility facility
located within or adjacent to the Recreation Area.
(5) Exemption.--Section 100903 of title 54, United
States Code, shall not apply to the Puente Hills
landfill, materials recovery facility, or intermodal
facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date
of the enactment of this subtitle, the Secretary and
the Advisory Council shall establish a comprehensive
management plan for the Recreation Area that supports
the purposes described in section 511.
(2) Use of existing plans.--In developing the
management plan, to the extent consistent with this
section, the Secretary may incorporate any provision of
a land use or other plan applicable to the public lands
included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the
maximum extent practicable, the Secretary shall
incorporate into the management plan the visitor
services plan under section 519(a)(2).
(4) Partnership.--In developing the management plan,
the Secretary shall consider recommendations of the
Partnership. To the maximum extent practicable, the
Secretary shall incorporate recommendations of the
Partnership into the management plan if the Secretary
determines that the recommendations are feasible and
consistent with the purposes in section 511, this part,
and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this part affects the
jurisdiction of the State with respect to fish or wildlife
located on public lands in the State.
SEC. 515. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the
Secretary may acquire non-Federal land within the
boundaries of the Recreation Area only through
exchange, donation, or purchase from a willing seller.
(2) Additional requirement.--As a further condition
on the acquisition of land, the Secretary shall make a
determination that the land contains important
biological, cultural, historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this
part authorizes the use of eminent domain to acquire land or an
interest in land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the
Recreation Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance
with--
(A) this part; and
(B) other applicable laws (including
regulations).
SEC. 516. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this part or
section 522--
(1) shall affect the use or allocation, as in
existence on the date of the enactment of this
subtitle, of any water, water right, or interest in
water (including potable, recycled, reclaimed, waste,
imported, exported, banked, or stored water, surface
water, groundwater, and public trust interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this subtitle
for the sale, lease, loan, or transfer of any water
(including potable, recycled, reclaimed, waste,
imported, exported, banked, or stored water, surface
water, and groundwater);
(3) shall be considered to be a relinquishment or
reduction of any water rights reserved or appropriated
by the United States in the State on or before the date
of the enactment of this subtitle;
(4) authorizes or imposes any new reserved Federal
water right or expands water usage pursuant to any
existing Federal reserved, riparian or appropriative
right;
(5) shall be considered a relinquishment or reduction
of any water rights (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored
water, surface water, and groundwater) held, reserved,
or appropriated by any public entity or other persons
or entities, on or before the date of the enactment of
this subtitle;
(6) shall be construed to, or shall interfere or
conflict with the exercise of the powers or duties of
any watermaster, public agency, public water system,
court of competent jurisdiction, or other body or
entity responsible for groundwater or surface water
management or groundwater replenishment as designated
or established pursuant to any adjudication or Federal
or State law, including the management of the San
Gabriel River watershed and basin, to provide water
supply or other environmental benefits;
(7) shall be construed to impede or adversely impact
any previously adopted Los Angeles County Drainage Area
project, as described in the report of the Chief of
Engineers dated June 30, 1992, including any supplement
or addendum to that report, or any maintenance
agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court
of competent jurisdiction, or public agency pursuant to
any Federal or State law, water right, or adjudication,
including any action relating to water conservation,
water quality, surface water diversion or impoundment,
groundwater recharge, water treatment, conservation or
storage of water, pollution, waste discharge, the
pumping of groundwater; the spreading, injection,
pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from
imported or recycled water, that is undertaken in
connection with the management or regulation of the San
Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay
the exercise of, or access to, any water right by the
owner of a public water system or any other individual
or entity, including the construction, operation,
maintenance, replacement, removal, repair, location, or
relocation of any well; pipeline; or water pumping,
treatment, diversion, impoundment, or storage facility;
or other facility or property necessary or useful to
access any water right or operate an public water
system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife
Service under, or the application of any provision of,
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) relating to any action affecting any water, water
right, or water management or water resource facility
in the San Gabriel River watershed and basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action
inconsistent with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource
facilities.--Nothing in this part or section 522 shall
affect--
(A) the use, operation, maintenance, repair,
construction, destruction, removal,
reconfiguration, expansion, improvement or
replacement of a water resource facility or
public water system within or adjacent to the
Recreation Area or San Gabriel Mountains
National Monument; or
(B) access to a water resource facility
within or adjacent to the Recreation Area or
San Gabriel Mountains National Monument.
(2) No effect on new water resource facilities.--
Nothing in this part or section 522 shall preclude the
establishment of a new water resource facility
(including instream sites, routes, and areas) within
the Recreation Area or San Gabriel Mountains National
Monument if the water resource facility or public water
system is necessary to preserve or enhance the health,
safety, reliability, quality or accessibility of water
supply, or utility services to residents of Los Angeles
County.
(3) Flood control.--Nothing in this part or section
522 shall be construed to--
(A) impose any new restriction or requirement
on flood protection, water conservation, water
supply, groundwater recharge, water transfers,
or water quality operations and maintenance; or
(B) increase the liability of an agency or
public water system carrying out flood
protection, water conservation, water supply,
groundwater recharge, water transfers, or water
quality operations.
(4) Diversion or use of water.--Nothing in this part
or section 522 shall authorize or require the use of
water or water rights in, or the diversion of water to,
the Recreation Area or San Gabriel Mountains National
Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this
part or section 522 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration,
addition, relocation, improvement, removal, or
replacement of a utility facility or appurtenant right-
of-way within or adjacent to the Recreation Area or San
Gabriel Mountains National Monument;
(2) affect access to a utility facility or right-of-
way within or adjacent to the Recreation Area or San
Gabriel Mountains National Monument; or
(3) preclude the establishment of a new utility
facility or right-of-way (including instream sites,
routes, and areas) within the Recreation Area or San
Gabriel Mountains National Monument if such a facility
or right-of-way is necessary for public health and
safety, electricity supply, or other utility services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road''
means any paved road or bridge (including any
appurtenant structure and right-of-way) that
is--
(i) operated or maintained by a non-
Federal entity; and
(ii)(I) open to vehicular use by the
public; or
(II) used by a public agency or
utility for the operation, maintenance,
improvement, repair, removal,
relocation, construction, destruction
or rehabilitation of infrastructure, a
utility facility, or a right-of-way.
(B) Public transit.--The term ``public
transit'' means any transit service (including
operations and rights-of-way) that is--
(i) operated or maintained by a non-
Federal entity; and
(ii)(I) open to the public; or
(II) used by a public agency or
contractor for the operation,
maintenance, repair, construction, or
rehabilitation of infrastructure, a
utility facility, or a right-of-way.
(2) No effect on public roads or public transit.--
Nothing in this part or section 522--
(A) authorizes the Secretary to take any
action that would affect the operation,
maintenance, repair, or rehabilitation of
public roads or public transit (including
activities necessary to comply with Federal or
State safety or public transit standards); or
(B) creates any new liability, or increases
any existing liability, of an owner or operator
of a public road.
SEC. 517. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
the enactment of this subtitle, the Secretary shall establish
an advisory council, to be known as the ``San Gabriel National
Recreation Area Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of the management
plan and the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject
to--
(1) the Federal Advisory Committee Act (5 U.S.C.
App.); and
(2) all other applicable laws (including
regulations).
(d) Membership.--The Advisory Council shall consist of 22
members, to be appointed by the Secretary after taking into
consideration recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor
recreation, including off-highway vehicle recreation,
within the Recreation Area;
(3) 2 shall represent the interests of community-
based organizations, the missions of which include
expanding access to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or
adjacent to the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water
agencies, wastewater and sewer agencies, recycled water
facilities, and water management and replenishment
entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing
permits or other land use permits within the Recreation
Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice
interests;
(14) 1 shall represent electrical utility interests;
and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory
Council shall be appointed for a term of 3 years,
except that, of the members first appointed, 7 of the
members shall be appointed for a term of 1 year and 7
of the members shall be appointed for a term of 2
years.
(2) Reappointment.--A member may be reappointed to
serve on the Advisory Council on the expiration of the
term of service of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall
be filled in the same manner in which the original
appointment was made.
(f) Quorum.--A quorum shall be ten members of the advisory
council. The operations of the advisory council shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(g) Chairperson; Procedures.--The Advisory Council shall
elect a chairperson and establish such rules and procedures as
the advisory council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory
Council shall serve without pay.
(i) Termination.--The Advisory Council shall cease to exist--
(1) on the date that is 5 years after the date on
which the management plan is adopted by the Secretary;
or
(2) on such later date as the Secretary considers to
be appropriate.
SEC. 518. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to be
known as the ``San Gabriel National Recreation Area
Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State,
Tribal, and local authorities and the private sector in
advancing the purposes of this part; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities
within the Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the
National Park Service.
(2) The Secretary of Defense (or a designee) to
represent the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of
the State (or a designee) to represent--
(A) the California Department of Parks and
Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) 1 designee of the Los Angeles County Board of
Supervisors.
(6) 1 designee of the Puente Hills Habitat
Preservation Authority.
(7) 4 designees of the San Gabriel Council of
Governments, of whom 1 shall be selected from a local
land conservancy.
(8) 1 designee of the San Gabriel Valley Economic
Partnership.
(9) 1 designee of the Los Angeles County Flood
Control District.
(10) 1 designee of the San Gabriel Valley Water
Association.
(11) 1 designee of the Central Basin Water
Association.
(12) 1 designee of the Main San Gabriel Basin
Watermaster.
(13) 1 designee of a public utility company, to be
appointed by the Secretary.
(14) 1 designee of the Watershed Conservation
Authority.
(15) 1 designee of the Advisory Council for the
period during which the Advisory Council remains in
effect.
(16) 1 designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section
511, the Partnership shall--
(1) make recommendations to the Secretary regarding
the development and implementation of the management
plan;
(2) review and comment on the visitor services plan
under section 519(a)(2), and facilitate the
implementation of that plan;
(3) assist units of local government, regional
planning organizations, and nonprofit organizations in
advancing the purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important
resource values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation
Area;
(C) developing recreational and educational
opportunities in the Recreation Area in
accordance with the purposes of this part;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic,
and cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships
among governments, organizations, and
individuals to advance the purposes of the
Recreation Area; and
(G) ensuring that management of the
Recreation Area takes into consideration--
(i) local ordinances and land-use
plans; and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding
the appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve
the purposes of this part.
(e) Authorities.--Subject to approval by the Secretary, for
the purposes of preparing and implementing the management plan,
the Partnership may use Federal funds made available under this
section--
(1) to make grants to the State, political
subdivisions of the State, nonprofit organizations, and
other persons;
(2) to enter into cooperative agreements with, or
provide grants or technical assistance to, the State,
political subdivisions of the State, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation
Area; and
(B) are in accordance with the management
plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be
appointed for a term of 3 years.
(2) Reappointment.--A member may be reappointed to
serve on the Partnership on the expiration of the term
of service of the member.
(3) Vacancy.--A vacancy on the Partnership shall be
filled in the same manner in which the original
appointment was made.
(g) Quorum.--A quorum shall be eleven members of the
Partnership. The operations of the Partnership shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--A member of the
Partnership shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this part.
(2) Technical and financial assistance.--The
Secretary may provide to the Partnership or any member
of the Partnership, on a reimbursable or
nonreimbursable basis, such technical and financial
assistance as the Secretary determines to be
appropriate to carry out this part.
(3) Cooperative agreements.--The Secretary may enter
into a cooperative agreement with the Partnership, a
member of the Partnership, or any other public or
private entity to provide technical, financial, or
other assistance to carry out this part.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the
administration of the Recreation Area, the
Secretary is authorized, subject to valid
existing rights, to construct administrative or
visitor use facilities on land owned by a non-
profit organization, local agency, or other
public entity in accordance with this subtitle
and applicable law (including regulations).
(B) Additional requirements.--A facility
under this paragraph may only be developed--
(i) with the consent of the owner of
the non-Federal land; and
(ii) in accordance with applicable
Federal, State, and local laws
(including regulations) and plans.
(5) Priority.--The Secretary shall give priority to
actions that--
(A) conserve the significant natural,
historic, cultural, and scenic resources of the
Recreation Area; and
(B) provide educational, interpretive, and
recreational opportunities consistent with the
purposes of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise
the Secretary regarding water-related issues relating
to the Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to
the Recreation Area.
SEC. 519. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor
services plan to improve visitor experiences in the
Recreation Area through expanded recreational
opportunities and increased interpretation, education,
resource protection, and enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after
the date of the enactment of this subtitle, the
Secretary shall develop and carry out an
integrated visitor services plan for the
Recreation Area in accordance with this
paragraph.
(B) Contents.--The visitor services plan
shall--
(i) assess current and anticipated
future visitation to the Recreation
Area, including recreation
destinations;
(ii) consider the demand for various
types of recreation (including hiking,
picnicking, horseback riding, and the
use of motorized and mechanized
vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of
recreation on natural and cultural
resources, water rights and water
resource facilities, public roads,
adjacent residents and property owners,
and utilities within the Recreation
Area, as well as the effectiveness of
current enforcement and efforts;
(iv) assess the current level of
interpretive and educational services
and facilities;
(v) include recommendations to--
(I) expand opportunities for
high-demand recreational
activities, in accordance with
the purposes described in
section 511;
(II) better manage Recreation
Area resources and improve the
experience of Recreation Area
visitors through expanded
interpretive and educational
services and facilities, and
improved enforcement; and
(III) better manage
Recreation Area resources to
reduce negative impacts on the
environment, ecology, and
integrated water management
activities in the Recreation
Area;
(vi) in coordination and consultation
with affected owners of non-Federal
land, assess options to incorporate
recreational opportunities on non-
Federal land into the Recreation Area--
(I) in manner consistent with
the purposes and uses of the
non-Federal land; and
(II) with the consent of the
non-Federal landowner;
(vii) assess opportunities to provide
recreational opportunities that connect
with adjacent National Forest System
land; and
(viii) be developed and carried out
in accordance with applicable Federal,
State, and local laws and ordinances.
(C) Consultation.--In developing the visitor
services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and
local agencies; and
(IV) interested
nongovernmental organizations;
and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor
use facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1)
shall be developed in accordance with applicable
Federal, State, and local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use
donated funds (subject to appropriations), property,
in-kind contributions, and services to carry out this
part.
(2) Prohibition.--The Secretary may not use the
authority provided by paragraph (1) to accept non-
Federal land that has been acquired after the date of
the enactment of this subtitle through the use of
eminent domain.
(d) Cooperative Agreements.--In carrying out this part, the
Secretary may make grants to, or enter into cooperative
agreements with, units of State, Tribal, and local governments
and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the
management of, and visitation to, the Recreation Area.
PART 2--SAN GABRIEL MOUNTAINS
SEC. 521. DEFINITIONS.
In this part:
(1) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(2) Wilderness area or addition.--The term
``wilderness area or addition'' means any wilderness
area or wilderness addition designated by section
523(a).
SEC. 522. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The Secretary shall modify the boundaries of
the San Gabriel Mountains National Monument in the State to
include the approximately 109,167 acres of additional National
Forest System land depicted as the ``Proposed San Gabriel
Mountains National Monument Expansion'' on the map entitled
``Proposed San Gabriel Mountains National Monument Expansion''
and dated June 26, 2019.
(b) Administration.--On inclusion of the National Forest
System land described in subsection (a), the Secretary shall
administer that land as part of the San Gabriel Mountains
National Monument in accordance with the laws generally
applicable to the Monument and this subtitle.
(c) Management Plan.--Not later than 3 years after the date
of the enactment of this subtitle, the Secretary shall consult
with State and local governments and the interested public to
update the existing San Gabriel Mountains National Monument
Plan to incorporate and provide management direction and
protection for the lands added to the Monument.
SEC. 523. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of National Forest
System land in the State are designated as wilderness and as
components of the National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in
the Angeles National Forest, comprising approximately
8,207 acres, as generally depicted on the map entitled
``Condor Peak Wilderness--Proposed'' and dated June 6,
2019, which shall be known as the ``Condor Peak
Wilderness''.
(2) San gabriel wilderness additions.--Certain
Federal land in the Angeles National Forest, comprising
approximately 2,032 acres, as generally depicted on the
map entitled ``San Gabriel Wilderness Additions'' and
dated June 6, 2019, which is incorporated in, and
considered to be a part of, the San Gabriel Wilderness
designated by Public Law 90-318 (16 U.S.C. 1132 note;
82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain
Federal land in the Angeles National Forest, comprising
approximately 13,726 acres, as generally depicted on
the map entitled ``Sheep Mountain Wilderness
Additions'' and dated June 6, 2019, which is
incorporated in, and considered to be a part of, the
Sheep Mountain Wilderness designated by section
101(a)(29) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in
the Angeles National Forest, comprising approximately
6,694 acres, as generally depicted on the map entitled
``Yerba Buena Wilderness--Proposed'' and dated June 6,
2019, which shall be known as the ``Yerba Buena
Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of the enactment of this subtitle, the Secretary
shall file a map and a legal description of the
wilderness areas and additions with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this part, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 524. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and additions shall be administered by the
Secretary in accordance with this section and the Wilderness
Act (16 U.S.C. 1131 et seq.), except that any reference in that
Act to the effective date of that Act shall be considered to be
a reference to the date of the enactment of this subtitle.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures
in a wilderness area or addition designated in section
523 as are necessary for the control of fire, insects,
or diseases in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this part limits
funding for fire or fuels management in a wilderness
area or addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the
enactment of this subtitle, the Secretary shall amend,
as applicable, any local fire management plan that
applies to a wilderness area or addition designated in
section 523.
(4) Administration.--In accordance with paragraph (1)
and any other applicable Federal law, to ensure a
timely and efficient response to a fire emergency in a
wilderness area or addition, the Secretary shall--
(A) not later than 1 year after the date of
the enactment of this subtitle, establish
agency approval procedures (including
appropriate delegations of authority to the
Forest Supervisor, District Manager, or other
agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate
State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area
or addition, if established before the date of the enactment of
this subtitle, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this part affects the jurisdiction or responsibility
of the State with respect to fish or wildlife on public
land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the
purposes and principles of the Wilderness Act
(16 U.S.C. 1131 et seq.), the Secretary may
conduct any management activity that are
necessary to maintain or restore fish or
wildlife populations or habitats in the
wilderness areas and wilderness additions
designated in section 523, if the management
activities are--
(i) consistent with relevant
wilderness management plans; and
(ii) conducted in accordance with
appropriate policies, such as the
policies established in Appendix B of
the report of the Committee on Interior
and Insular Affairs of the House of
Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-
405).
(B) Inclusions.--A management activity under
subparagraph (A) may include the occasional and
temporary use of motorized vehicles, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values while causing the
minimum impact necessary to accomplish those
tasks.
(C) Existing activities.--In accordance with
section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and appropriate policies
(such as the policies established in Appendix B
of House Report 101-405, the State may use
aircraft (including helicopters) in a
wilderness area or addition to survey, capture,
transplant, monitor, or provide water for a
wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions
by section 523 to lead to the creation of protective
perimeters or buffer zones around each wilderness area
or wilderness addition.
(2) Activities or uses up to boundaries.--The fact
that a nonwilderness activities or uses can be seen or
heard from within a wilderness area or wilderness
addition designated by section 523 shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over
the wilderness areas or wilderness additions designated
by section 523;
(2) the designation of new units of special airspace
over the wilderness areas or wilderness additions
designated by section 523; or
(3) the use or establishment of military flight
training routes over wilderness areas or wilderness
additions designated by section 523.
(g) Horses.--Nothing in this part precludes horseback riding
in, or the entry of recreational or commercial saddle or pack
stock into, an area designated as a wilderness area or
wilderness addition by section 523--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the
Secretary determines to be necessary.
(h) Law Enforcement.--Nothing in this part precludes any law
enforcement or drug interdiction effort within the wilderness
areas or wilderness additions designated by section 523 in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the
wilderness areas and additions designated by section 523 are
withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or addition that is
acquired by the United States shall--
(1) become part of the wilderness area or addition in
which the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices
in a wilderness area or addition if the Secretary determines
that the facilities and access to the facilities is essential
to a flood warning, flood control, or water reservoir operation
activity.
(l) Authorized Events.--The Secretary of Agriculture may
authorize the Angeles Crest 100 competitive running event to
continue in substantially the same manner and degree in which
this event was operated and permitted in 2015 within additions
to the Sheep Mountain Wilderness in section 523 of this
subtitle and the Pleasant View Ridge Wilderness Area designated
by section 1802 of the Omnibus Public Land Management Act of
2009, provided that the event is authorized and conducted in a
manner compatible with the preservation of the areas as
wilderness.
SEC. 525. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River,
to be administered by the Secretary of Agriculture in
the following classes:
``(A) The 10-mile segment from the confluence
of the Prairie Fork and Vincent Gulch to 100
yards upstream of the Heaton Flats trailhead
and day use area, as a wild river.
``(B) The 2.7-mile segment from 100 yards
upstream of the Heaton Flats trailhead and day
use area to 100 yards upstream of the
confluence with Williams Canyon, as a
recreational river.
``(__) North fork san gabriel river, california.--The
4.3-mile segment of the North Fork San Gabriel River
from the confluence with Cloudburst Canyon to 0.25
miles upstream of the confluence with the West Fork San
Gabriel River, to be administered by the Secretary of
Agriculture as a recreational river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River,
to be administered by the Secretary of Agriculture in
the following classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in
sec. 14, T. 2 N., R. 12 W., to the confluence
with the unnamed tributary 0.25 miles
downstream of the power lines in sec. 22, T. 2
N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork
from 0.25 miles downstream of the powerlines in
sec. 22, T. 2 N., R. 11 W., to the confluence
with Bobcat Canyon, as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the
following classes:
``(A) The 10.3-mile segment from its source
on Mt. Williamson in sec. 6, T. 3 N., R. 9 W.,
to 100 yards upstream of the confluence with
the South Fork Little Rock Creek, as a wild
river.
``(B) The 6.6-mile segment from 100 yards
upstream of the confluence with the South Fork
Little Rock Creek to the confluence with
Santiago Canyon, as a recreational river.
``(C) The 1-mile segment of Cooper Canyon
Creek from 0.25 miles downstream of Highway 2
to 100 yards downstream of Cooper Canyon
Campground, as a scenic river.
``(D) The 1.3-mile segment of Cooper Canyon
Creek from 100 yards downstream of Cooper
Canyon Campground to the confluence with Little
Rock Creek, as a wild river.
``(E) The 1-mile segment of Buckhorn Creek
from 100 yards downstream of the Buckhorn
Campground to its confluence with Cooper Canyon
Creek, as a wild river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term
``water resource facility'' means irrigation
and pumping facilities, dams and reservoirs,
flood control facilities, water conservation
works and facilities, including debris
protection facilities, sediment placement
sites, rain gauges and stream gauges, water
quality facilities, recycled water facilities
and water pumping, conveyance distribution
systems, water storage tanks and reservoirs,
and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower
projects, and transmission and other ancillary
facilities, groundwater recharge facilities,
water conservation, water filtration plants,
and other water diversion, conservation,
groundwater recharge, storage, and carriage
structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall
alter, modify, or affect--
(i) the use, operation, maintenance,
repair, construction, destruction,
reconfiguration, expansion, relocation
or replacement of a water resource
facility downstream of a wild and
scenic river segment designated by this
section, provided that the physical
structures of such facilities or
reservoirs shall not be located within
the river areas designated in this
section; or
(ii) access to a water resource
facility downstream of a wild and
scenic river segment designated by this
section.
(C) No effect on new water resource
facilities.--Nothing in this section shall
preclude the establishment of a new water
resource facilities (including instream sites,
routes, and areas) downstream of a wild and
scenic river segment.
(2) Limitation.--Any new reservation of water or new
use of water pursuant to existing water rights held by
the United States to advance the purposes of the
National Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.) shall be for nonconsumptive instream use only
within the segments designated by this section.
(3) Existing law.--Nothing in this section affects
the implementation of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
SEC. 526. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this subtitle, and no
action to implement this subtitle--
(1) shall constitute an express or implied
reservation of any water or water right, or authorizing
an expansion of water use pursuant to existing water
rights held by the United States, with respect to the
land designated as a wilderness area or wilderness
addition by section 523 or land adjacent to the wild
and scenic river segments designated by the amendment
made by section 525;
(2) shall affect, alter, modify, or condition any
water rights in the State in existence on the date of
the enactment of this subtitle, including any water
rights held by the United States;
(3) shall be construed as establishing a precedent
with regard to any future wilderness or wild and scenic
river designations;
(4) shall affect, alter, or modify the interpretation
of, or any designation, decision, adjudication or
action made pursuant to, any other Act; or
(5) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportions
water among or between the State and any other State.
(b) State Water Law.--The Secretary shall comply with
applicable procedural and substantive requirements of the law
of the State in order to obtain and hold any water rights not
in existence on the date of the enactment of this subtitle with
respect to the San Gabriel Mountains National Monument,
wilderness areas and wilderness additions designated by section
523, and the wild and scenic rivers designated by amendment
made by section 525.
Subtitle F--Rim of the Valley Corridor Preservation
SEC. 601. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is
amended in the first sentence by striking ``, which shall'' and
inserting `` and generally depicted as `Rim of the Valley Unit
Proposed Addition' on the map entitled `Rim of the Valley
Unit--Santa Monica Mountains National Recreation Area',
numbered 638/147,723, and dated September 2018. Both maps
shall''.
(b) Rim of the Valley Unit.--Section 507 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk) is amended
by adding at the end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years
after the date of the enactment of this subsection, the
Secretary shall update the general management plan for the
recreation area to reflect the boundaries designated on the map
referred to in subsection (c)(1) as the `Rim of the Valley
Unit' (hereafter in the subsection referred to as the `Rim of
the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit, and any
land or interest in land acquired by the United States and
located within the boundaries of the Rim of the Valley Unit, as
part of the recreation area in accordance with the provisions
of this section and applicable laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this
subsection authorizes the use of eminent domain to acquire land
or interests in land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be
construed to--
``(A) modify any provision of Federal, State, or
local law with respect to public access to or use of
non-Federal land;
``(B) create any liability, or affect any liability
under any other law, of any private property owner or
other owner of non-Federal land with respect to any
person injured on private property or other non-Federal
land;
``(C) affect the ownership, management, or other
rights relating to any non-Federal land (including any
interest in any non-Federal land);
``(D) require any local government to participate in
any program administered by the Secretary;
``(E) alter, modify, or diminish any right,
responsibility, power, authority, jurisdiction, or
entitlement of the State, any political subdivision of
the State, or any State or local agency under existing
Federal, State, and local law (including regulations);
``(F) require the creation of protective perimeters
or buffer zones, and the fact that certain activities
or land can be seen or heard from within the Rim of the
Valley Unit shall not, of itself, preclude the
activities or land uses up to the boundary of the Rim
of the Valley Unit;
``(G) require or promote use of, or encourage
trespass on, lands, facilities, and rights-of-way owned
by non-Federal entities, including water resource
facilities and public utilities, without the written
consent of the owner;
``(H) affect the operation, maintenance,
modification, construction, or expansion of any water
resource facility or utility facility located within or
adjacent to the Rim of the Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement
activities on or under such lands granted to public
agencies that are authorized pursuant to Federal or
State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water
resource facility or other facility or property
necessary or useful to access any water right to
operate any public water or utility system;
``(K) require initiation or reinitiation of
consultation with the United States Fish and Wildlife
Service under, or the application of provisions of, the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or division A of subtitle III
of title 54, United States Code, concerning any action
or activity affecting water, water rights or water
management or water resource facilities within the Rim
of the Valley Unit; or
``(L) limit the Secretary's ability to update
applicable fire management plans, which may consider
fuels management strategies including managed natural
fire, prescribed fires, non-fire mechanical hazardous
fuel reduction activities, or post-fire remediation of
damage to natural and cultural resources.
``(4) The activities of a utility facility or water resource
facility shall take into consideration ways to reasonably avoid
or reduce the impact on the resources of the Rim of the Valley
Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles,
and lines, ground wires, communications circuits, and
other structures, and related infrastructure; and
``(B) the term `water resource facility' means
irrigation and pumping facilities; dams and reservoirs;
flood control facilities; water conservation works,
including debris protection facilities, sediment
placement sites, rain gauges, and stream gauges; water
quality, recycled water, and pumping facilities;
conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines;
wells; hydropower projects; transmission facilities;
and other ancillary facilities, groundwater recharge
facilities, water conservation, water filtration
plants, and other water diversion, conservation,
groundwater recharge, storage, and carriage
structures.''.
----------
17. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
After title LIII of division E, insert the following new
title:
TITLE LIV--COLORADO AND GRAND CANYON PUBLIC LANDS
Subtitle A--Colorado Outdoor Recreation and Economy
SEC. 101. DEFINITION OF STATE.
In this subtitle, the term ``State'' means the State of
Colorado.
PART 1--CONTINENTAL DIVIDE
SEC. 111. DEFINITIONS.
In this part:
(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
112(a).
(2) Historic landscape.--The term ``Historic
Landscape'' means the Camp Hale National Historic
Landscape designated by section 117(a).
(3) Recreation management area.--The term
``Recreation Management Area'' means the Tenmile
Recreation Management Area designated by section
114(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 115(a); and
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 116(a).
SEC. 112. 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 June 24,
2019, 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 June 24, 2019, 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 9,670 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 June 24, 2019, 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
subtitle 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 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 subtitle,
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 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).
(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, including operations using
aircraft or mechanized equipment.
SEC. 113. WILLIAMS FORK MOUNTAINS 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 subtitle, 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 any
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
subtitle; 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--
(A) the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77); and
(B) this part.
SEC. 114. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 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 June 24, 2019, 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 subtitle.
(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
prevent, control, or mitigate fire, insects, or disease 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
subtitle; or
(B) any future infrastructure necessary for
the development or exercise of water rights
decreed before the date of enactment of this
subtitle.
(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) Regional Transportation Projects.--Nothing in this
section precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations), the use or
leasing of Federal land within the Recreation Management Area
for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation
Management Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of
associated activities or facilities proposed or
authorized by law or permit outside the boundaries of
the Recreation Management Area.
SEC. 115. 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--
(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
prevent, control, or mitigate fire, insects, or disease 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 120(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife
Conservation Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) 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. 116. 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
prevent, control, or mitigate fire, insects, or disease 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 120(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(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. 117. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 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 June 24, 2019, 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 to
the role of the Historic Landscape in local,
national, and world history;
(B) the historic preservation of the Historic
Landscape, consistent with--
(i) the designation of the Historic
Landscape as a national historic site;
and
(ii) 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 subtitle, 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 subtitle 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 subtitle 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.--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 subtitle 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 subtitle, 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 subtitle--
(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 subtitle;
(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) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed
by a ski area permit; or
(C) the authority of the Secretary to modify
or expand an existing ski area permit;
(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 subtitle; or
(B) the renewal of a permit described in
subparagraph (A).
(h) Funding.--
(1) In general.--There is established in the general
fund of the Treasury a special account, to be known as
the ``Camp Hale Historic Preservation and Restoration
Fund''.
(2) Authorization of appropriations.--There is
authorized to be appropriated to the Camp Hale Historic
Preservation and Restoration Fund $10,000,000, to be
available to the Secretary until expended, 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. 118. 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. 119. 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:
``(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. 120. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this part 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 part or an amendment
made by this part establishes a protective perimeter or
buffer zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness
area designated by section 113;
(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 part 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 subtitle, the Secretary shall
file 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
filed under paragraph (1) shall have the same force and
effect as if included in this part, except that the
Secretary 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 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) only through exchange,
donation, or purchase from a willing seller.
(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 rights in existence on the
date of enactment of this subtitle, 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 part or an
amendment made by this part restricts or precludes--
(1) any low-level overflight of military aircraft
over any area subject to this part or an amendment made
by this part, 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.
PART 2--SAN JUAN MOUNTAINS
SEC. 131. DEFINITIONS.
In this part:
(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 132); 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 133(a)(1); and
(B) the Liberty Bell East Special Management
Area designated by section 133(a)(2).
SEC. 132. 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
122(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. 133. 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 part; 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 subtitle 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)
shall not affect the issuance of permits
relating to the activities covered under
subparagraph (A) after the date of enactment of
this subtitle.
(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
part--
(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 this
subtitle.
SEC. 134. 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 132) 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 132)--
(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. 135. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this part 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 part 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 part 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 subtitle, 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 132) 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 part, 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 132) only
through exchange, donation, or purchase from a willing
seller.
(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 subtitle,
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 132) 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 rights in existence on the
date of enactment of this subtitle, 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.
PART 3--THOMPSON DIVIDE
SEC. 141. PURPOSES.
The purposes of this part 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--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity
supplies and other beneficial uses of
fugitive methane emissions; and
(ii) increased royalties for
taxpayers.
SEC. 142. DEFINITIONS.
In this part:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal
land in Garfield, Gunnison, Delta, or Pitkin County in
the State, as generally depicted on the pilot program
map as ``Fugitive Coal Mine Methane Use Pilot Program
Area'', that would leak or be vented into the
atmosphere from an active, inactive, or abandoned
underground coal mine.
(2) Pilot program.--The term ``pilot program'' means
the Greater Thompson Divide Fugitive Coal Mine Methane
Use Pilot Program established by section 145(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 June 17, 2019.
(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 subtitle 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 subtitle, has expired, been
cancelled, or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide
map'' means the map entitled ``Greater Thompson Divide
Area Map'' and dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--
The term ``Thompson Divide Withdrawal and Protection
Area'' means the Federal land and minerals generally
depicted on the Thompson Divide map as the ``Thompson
Divide Withdrawal and Protection Area''.
(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 007496, COC 007497,
COC 007498, COC 007499, COC 007500, COC 007538,
COC 008128, COC 015373, COC 0128018, COC
051645, and COC 051646, 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. 143. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid rights in existence on the
date of enactment of this subtitle, 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 subtitle affects the
administration of grazing in the Thompson Divide Withdrawal and
Protection Area.
SEC. 144. THOMPSON DIVIDE LEASE EXCHANGE.
(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 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 legal
fees or related expenses for legal work with respect to
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 subtitle; 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, 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) Limitation of transfer.--An interest acquired by
the Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 145. 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 produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days
after the date of enactment of this subtitle,
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 Emission Inventory.--
(1) In general.--Not later than 1 year after the date
of enactment of this subtitle, the Secretary shall
complete an inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory
under paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin
County in the State;
(G) the Garfield County Federal Mineral Lease
District;
(H) institutions of higher education in the
State;
(I) lessees of Federal coal within a county
referred to in subparagraph (F);
(J) the National Oceanic and Atmospheric
Administration;
(K) the National Center for Atmospheric
Research; or
(L) other interested entities, including
members of the public.
(3) Contents.--The inventory under paragraph (1)
shall include--
(A) the general location and geographic
coordinates of each vent, seep, or other source
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;
(C) an estimate of the total volume of
fugitive methane emissions each year;
(D) 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
(E) 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 provide opportunities for public
participation in the inventory under this
subsection.
(B) Availability.--The Secretary shall make
the inventory under this subsection 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) Use.--The Secretary shall use the inventory 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 Emission Leasing Program.--
(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 by flaring, 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 by flaring, 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 by flaring.
(ii) Guidance.--In furtherance of the
purposes of this paragraph, not later
than 1 year after the date of enactment
of this subtitle, the Secretary shall
issue guidance for the implementation
of Federal authorities and programs to
encourage the capture for use, or
destruction by flaring, 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 abandoned coal
mines.--
(A) In general.--Except as otherwise provided
in this section, notwithstanding section 143,
subject to valid existing rights, and in
accordance with section 21 of the Mineral
Leasing Act (30 U.S.C. 241) and any other
applicable law, the Secretary shall--
(i) authorize the capture for use, or
destruction by flaring, of fugitive
methane emissions from abandoned coal
mines on Federal land; and
(ii) make available for leasing such
fugitive methane emissions from
abandoned coal mines on Federal land as
the Secretary considers to be in the
public interest.
(B) Source.--To the maximum extent
practicable, the Secretary shall offer for
lease each significant vent, seep, or other
source of fugitive methane emissions from
abandoned coal mines.
(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 by flaring; or
(iii) to employ a specific
combination of--
(I) capturing the fugitive
methane emissions for
beneficial use; and
(II) destroying the fugitive
methane emission by flaring.
(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 size of the overall
decrease in the time-integrated
radiative forcing of 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 flared
by not later than 1 year after the date
of issuance of the lease.
(F) Royalty rate.--The Secretary shall
develop a minimum bid and royalty rate for
leases under this paragraph to advance the
purposes of this section, to the maximum extent
practicable.
(d) Sequestration.--If, by not later than 4 years after the
date of enactment of this subtitle, any significant fugitive
methane emissions from abandoned coal mines on Federal land are
not leased under subsection (c)(3), the Secretary shall, in
accordance with applicable law, take all reasonable measures--
(1) 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
(2) if sequestration under paragraph (1) is not
feasible, destroy the fugitive methane emissions by
flaring.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this subtitle 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 geographically to
include other significant sources of fugitive methane
emissions from coal mines.
SEC. 146. EFFECT.
Except as expressly provided in this part, nothing in this
part--
(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 part,
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.
PART 4--CURECANTI NATIONAL RECREATION AREA
SEC. 151. DEFINITIONS.
In this part:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed
Boundary'', numbered 616/100,485C, and dated August 11,
2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National
Recreation Area established by section 152(a).
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 152. 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 subtitle, there shall be established as a
unit of the National Park System the Curecanti National
Recreation Area, in accordance with this subtitle, consisting
of approximately 50,667 acres of land 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 part; 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 part 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 subtitle,
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
subtitle.
(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
subtitle.
(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 subtitle, 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 not more
than 3 miles from the boundary of the National
Recreation Area, 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
located not more than 3 miles from the boundary
of the National Recreation Area by purchase,
exchange, or donation, in accordance with
section 153;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Withdrawal.--Subject to valid rights in existence
on the date of enactment of this subtitle, all Federal
land within the National Recreation Area 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.
(7) Grazing.--
(A) State land subject to a state grazing
lease.--
(i) In general.--If State land
acquired under this part 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 subtitle, 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 153,
if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired
under section 153 for the National Recreation
Area on which authorized grazing is occurring
before the date of enactment of this subtitle,
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 subtitle, 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 subtitle, 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.
(8) Water rights.--Nothing in this part--
(A) affects any use or allocation in
existence on the date of enactment of this
subtitle 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 subtitle, including
any water right held by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this
subtitle;
(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 subtitle; or
(E) constitutes an express or implied Federal
reservation of any water or water rights with
respect to the National Recreation Area.
(9) Fishing easements.--
(A) In general.--Nothing in this part
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; 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 subtitle, 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 subtitle.
(D) Reports.--Not later than each of 2 years,
5 years, and 8 years after the date of
enactment of this subtitle, 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 part 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. 153. 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 2,560 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 5,040 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 152(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. 154. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this part, 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. 155. 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.
Subtitle B--Grand Canyon Protection
SEC. 201. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF ARIZONA.
(a) Definition Of Map.--In this subtitle, the term ``Map''
means the map prepared by the Bureau of Land Management
entitled ``Grand Canyon Protection Act'' and dated January 22,
2021.
(b) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of
Arizona, generally depicted on the Map as ``Federal Mineral
Estate to be Withdrawn'', including any land or interest in
land that is acquired by the United States after the date of
the enactment of this subtitle, are hereby withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(c) Availability Of Map.--The Map shall be kept on file and
made available for public inspection in the appropriate offices
of the Forest Service and the Bureau of Land Management.
----------
18. An Amendment To Be Offered by Representative Kim of New Jersey or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. IMPROVED CONGRESSIONAL OVERSIGHT AND PUBLIC TRANSPARENCY OF
MILITARY CONSTRUCTION CONTRACT AWARDS.
(a) Supervision of Military Construction Projects.--Section
2851 of title 10, United States Code, as amended by section
2803, is further amended--
(1) in subsection (c)(1), by inserting ``or
appropriated'' after ``funds authorized'' each place
such term appears;
(2) in subsection (c)(2)--
(A) by inserting ``, deadline for bid
submissions,'' after ``solicitation date'';
(B) by inserting ``(including the address of
such recipient)'' after ``contract recipient'';
and
(C) by adding at the end the following new
subparagraphs:
``(H) Any subcontracting plan required under
paragraph (4) or (5) of section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) for the project
submitted by the contract recipient to the Secretary of
Defense.
``(I) A detailed written statement describing and
justifying any exception applied or waiver granted
under--
``(i) chapter 83 of title 41;
``(ii) section 2533a of this title; or
``(iii) section 2533b of this title.''; and
(3) by adding at the end the following new paragraph:
``(4) The information required to be published on the
Internet website under subsection (c) shall constitute a record
for the purposes of chapters 21, 29, 31, and 33 of title 44.''.
(b) Federal Procurement Data System.--The Secretary of
Defense shall ensure that there is a clear and unique
indication of any covered contract with subcontracting work of
an estimated value of $250,000 or more in the Federal
Procurement Data System established pursuant to section
1122(a)(4) of title 41, United States Code (or any successor
system).
(c) Local Hire Requirements.--
(1) In general.--To the extent practicable, in
awarding a covered contract, the Secretary of the
military department concerned shall give preference to
those firms and individuals who certify that at least
51 percent of the total number of employees hired to
perform the contract (including any employees hired by
a subcontractor at any tier) shall reside in the same
covered State as, or within a 60-mile radius of, the
location of the work to be performed pursuant to the
contract.
(2) Justification required.--The Secretary of the
military department concerned shall prepare a written
justification, and make such justification available on
the Internet site required under section 2851(c) of
title 10, United States Code, as amended by this
section and section 2803, for the award of any covered
contract to a firm or individual that is not described
under paragraph (1).
(d) Licensing.--A contractor and any subcontractors
performing a covered contract shall be licensed to perform the
work under such contract in the covered State in which the work
will be performed.
(e) Small Business Credit for Local Businesses.--Section 15
of the Small Business Act (15 U.S.C. 644) is amended by adding
at the end the following new subsection--
``(y) Small Business Credit for Local Businesses.--
``(1) Credit for meeting subcontracting goals.--
During the 4-year period beginning on the date of the
enactment of this subsection, if a prime contractor
awards a subcontract (at any tier) to a small business
concern that has its principal office located in the
same State as, or within a 60-mile radius of, the
location of the work to be performed pursuant to the
contract of the prime contractor, the value of the
subcontract shall be doubled for purposes of
determining compliance with the goals for procurement
contracts under subsection (g)(1)(A) during such
period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency
shall submit to the Administrator, and make publicly
available on the scorecard described in section 868(b)
of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 933; 15 U.S.C.
644 note), an analysis of the number and dollar amount
of subcontracts awarded pursuant to paragraph (1) for
each fiscal year of the period described in such
paragraph.''.
(f) Covered Contract Defined.--In this section, the term
``covered contract'' means a contract for a military
construction project, military family housing project, or other
project described in subsection (c)(1) of section 2851 of title
10, United States Code, as amended by this section and section
2803.
----------
19. An Amendment To Be Offered by Representative McCaul of Texas or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2.
(a) Imposition of Sanctions.--
(1) In general.--Not later than 15 days after the
date of the enactment of this Act, the President
shall--
(A) impose sanctions under paragraph (2) with
respect to--
(i) any entity responsible for
planning, construction, or operation of
the Nord Stream 2 pipeline or a
successor entity; and
(ii) any other corporate officer of
or principal shareholder with a
controlling interest in an entity
described in clause (i); and
(B) impose sanctions under paragraph (3) with
respect to any entity responsible for planning,
construction, or operation of the Nord Stream 2
pipeline or a successor entity.
(2) Ineligibility for visas, admission, or parole of
identified persons and corporate officers.--
(A) In general.--
(i) Visas, admission, or parole.--An
alien described in paragraph (1)(A)
is--
(I) inadmissible to the
United States;
(II) ineligible to receive a
visa or other documentation to
enter the United States; and
(III) otherwise ineligible to
be admitted or paroled into the
United States or to receive any
other benefit under the
Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or
other entry documentation of an
alien described in paragraph
(1)(A) 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.
(3) Blocking of property of identified persons.--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 an entity
described in paragraph (1)(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.
(4) Implementation; 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
subsection.
(B) Penalties.--A person that violates,
attempts to violate, conspires to violate, or
causes a violation of this subsection or any
regulation, license, or order issued to carry
out this subsection shall be subject to the
penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the
same extent as a person that commits an
unlawful act described in subsection (a) of
that section.
(5) Exceptions.--
(A) Exception for intelligence, law
enforcement, and national security
activities.--Sanctions under this subsection
shall not apply to any authorized intelligence,
law enforcement, or national security
activities of the United States.
(B) Exception to comply with united nations
headquarters agreement.--Sanctions under this
subsection 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.
(C) Exception relating to importation of
goods.--
(i) In general.--Notwithstanding any
other provision of this subsection, the
authorities and requirements to impose
sanctions under this subsection shall
not include the authority or a
requirement to impose sanctions on the
importation of goods.
(ii) Good defined.--In this
subparagraph, the term ``good'' means
any article, natural or man-made
substance, material, supply or
manufactured product, including
inspection and test equipment, and
excluding technical data.
(6) Sunset.--The authority to impose sanctions under
this subsection shall terminate on the date that is 5
years after the date of the enactment of this Act.
(7) Definitions.--In this subsection:
(A) 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).
(B) United states person.--The term ``United
States person'' means--
(i) a United States citizen or an
alien lawfully admitted for permanent
residence to the United States;
(ii) 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
(iii) any person within the United
States.
(b) Repeal of National Interest Waiver Under Protecting
Europe's Energy Security Act of 2019.--Section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV of
Public Law 116-92; 22 U.S.C. 9526 note) is amended--
(1) in subsection (a)(1)(C), by striking ``subsection
(i)'' and inserting ``subsection (h)'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) through (k) as
subsections (f) through (j), respectively; and
(4) in subsection (i), as redesignated by paragraph
(3), by striking ``subsection (h)'' and inserting
``subsection (g)''.
----------
20. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. PROHIBITION ON UNITED STATES PERSONS FROM PURCHASING OR
SELLING RUSSIAN SOVEREIGN DEBT.
(a) Prohibition.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the President shall
issue regulations to prohibit United States persons
from purchasing or selling Russian sovereign debt that
is issued or executed on or after the date that is 60
days after such date of enactment.
(2) Russian sovereign debt defined.--In this
subsection, the term ``Russian sovereign debt'' means--
(A) bonds issued by the Russian Central Bank,
the Russian National Wealth Fund, the Russian
Federal Treasury, or agents or affiliates of
any such institution, regardless of the
currency in which they are denominated and with
a maturity of more than 14 days;
(B) foreign exchange swap agreements with the
Russian Central Bank, the Russian National
Wealth Fund, or the Russian Federal Treasury,
regardless of the currency in which they are
denominated and with a duration of more than 14
days; and
(C) any other financial instrument, the
maturity or duration of which is more than 14
days, that the President determines represents
the sovereign debt of Russia.
(3) Requirement to publish guidance.--The President
shall publish guidance on the implementation of the
regulations issued pursuant to paragraph (1)
concurrently with the publication of such regulations.
(b) Report.--
(1) In general.--Not later than 90 days after the
regularly scheduled general election for Federal office
in 2022, and each regularly scheduled general election
for Federal office thereafter, the Director of National
Intelligence, in consultation with the Director of the
Federal Bureau of Investigation, the Director of the
National Security Agency, and the Director of the
Central Intelligence Agency, shall submit to the
President, the Secretary of State, the Secretary of the
Treasury, and the appropriate congressional committees
and leadership a report on whether there is or is not
significant evidence available for the Director to
determine that the Government of Russia, or any person
acting as an agent of or on behalf of that government,
knowingly engaged in interference in such general
election or any other election for Federal office held
since the most recent prior regularly scheduled general
election for Federal office, including an
identification of any officials of that government, or
persons acting aagents of or on behalf of that
government, that knowingly engaged in interference in
any such election.
(2) Additional report.--If the Director of
Intelligence--
(A) determines in a report submitted under
paragraph (1) that there is not significant
evidence available for the Director to
determine that the Government of Russia, or any
person acting as an agent of or on behalf of
that government, knowingly engaged in
interference in any election described in
paragraph (1); and
(B) subsequently determines that there is
significant evidence available for the Director
to make such a determination, the Director
shall submit to the President, the Secretary of
State, the Secretary of the Treasury, and the
appropriate congressional committees and
leadership a report on such subsequent
determination not later than 30 days after
making that determination.
(3) Form.--Each report required by this subsection
shall be submitted in unclassified form, but may
include a classified annex.
(c) Suspension Authority.--
(1) In general.--The President may, for the period of
time described in paragraph (3), suspend the
application of any prohibition on United States persons
from engaging in transactions described in subsection
(a) if, not later than 30 days after the date on which
a report described in subsection (b) is submitted to
the officials described in subsection (b) and the
appropriate congressional committees and leadership
with respect to a regularly scheduled general election
for Federal office, the President--
(A) determines that there is not significant
evidence available for the President to
determine that the Government of Russia, or any
person acting as an agent of or on behalf of
that government, knowingly engaged in
interference in such general election or any
other election for Federal office held since
the most recent prior regularly scheduled
general election for Federal office; and
(B) submits to the appropriate congressional
committees and leadership a report that
contains the determination of the President
under subparagraph (A) and a justification for
the determination.
(2) Clarification regarding suspension.--If--
(A) the President suspends the application of
any prohibition on United States persons from
engaging in transactions described in
subsection (a);
(B) such United States persons engage in
transactions described in subsection (a)
involving Russian sovereign debt that is issued
during the period of time in which the
suspension is in effect; and
(C) such United States persons are subject to
the application of any prohibition on United
States persons from engaging in transactions
described in subsection (a) after such period
of time in which the suspension is in effect,
such United States persons may not be subject
to any prohibition on United States persons
from engaging in transactions described in
subsection (a) with respect to engaging in
transactions involving Russian sovereign debt
described in subparagraph (B).
(3) Time period described.--The period of time
described in this paragraph is the period--
(A) beginning after the 60-day period
described in paragraph (1)(B); and
(B) ending on or before the date that is 60
days after the date of the next regularly
scheduled general election for Federal office.
(d) Waiver Authority.--The President may waive the
application of any prohibition on United States persons from
engaging in transactions described in subsection (a) if the
President--
(1) determines that the waiver is in the vital
national security interests of the United States; and
(2) submits to the appropriate congressional
committees and leadership a report that contains the
determination of the President under subparagraph (A).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and
Urban Affairs, the Committee on Foreign
Relations, the Committee on Finance, the Select
Committee on Intelligence, and the Committee on
Rules and Administration of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on
Ways and Means, the Permanent Select Committee
on Intelligence, and the Committee on House
Administration of the House of Representatives.
(2) Appropriate congressional committees and
leadership.--The term ``appropriate congressional
committees and leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader
of the Senate; and
(C) the Speaker, the majority leader, and the
minority leader of the House of
Representatives.
(3) Elections for federal office.--The term
``elections for Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.), except that such term does
not include a special election.
(4) Interference in elections for federal office.--
The term ``interference'', with respect to an election
for Federal office:
(A) Means any of the following actions of the
government of a foreign country, or any person
acting as an agent of or on behalf of such a
government, undertaken with the intent to
influence the election:
(i) Obtaining unauthorized access to
election and campaign infrastructure or
related systems or data and releasing
such data or modifying such
infrastructure, systems, or data.
(ii) Blocking or degrading otherwise
legitimate and authorized access to
election and campaign infrastructure or
related systems or data.
(iii) Contributions or expenditures
for advertising, including on the
internet.
(iv) Using social or traditional
media to spread significant amounts of
false information to individuals in the
United States.
(B) Does not include communications clearly
attributable to news and media outlets which
are publicly and explicitly either controlled
or in large part funded by the government of a
foreign country.
(5) Knowingly.--The term ``knowingly'', with respect
to conduct, a circumstance, or a result, means that a
person has actual knowledge, or should have known, of
the conduct, the circumstance, or the result.
(6) Person.--The term ``person'' means an 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; 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.
----------
21. An Amendment To Be Offered by Representative Cardenas of California
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. REPORT ON AZERBAIJAN.
(a) Sense of Congress on Azerbaijan's Illegal Detention of
Armenian Prisoners of War.--
(1) Findings.--Congress makes the following findings:
(A) On September 27, 2020, Azerbaijan, with
support from Turkey and foreign militia groups,
launched a military assault on Nagorno-
Karabakh, also known as Artsakh, resulting in
the deaths of thousands and displacing tens of
thousands of ethnic Armenian residents.
(B) On November 9, 2020, Azerbaijan, Armenia,
and Russia signed a tripartite statement to end
the conflict.
(C) In signing the November 9 statement, all
parties agreed that the ``exchange of prisoners
of war, hostages and other detainees as well as
the remains of the fatalities shall be carried
out.''.
(D) The Third Geneva Convention, of which
Azerbaijan is a signatory, and customary
international law require the release of
prisoners of war and captured civilians upon
the cessation of hostilities and require that
all detainees be treated humanely.
(E) Despite Azerbaijan's obligations under
the Geneva Conventions and their commitments in
signing the November 9 statement, long after
the end of the conflict, the Government of
Azerbaijan continues to detain an estimated 200
Armenian prisoners of war, hostages, and
detained persons, misrepresenting their status
in an attempt to justify their continued
captivity.
(F) Human Rights Watch reported in December
2020, that Azerbaijani military forces had
mistreated ethnic Armenian prisoners of war and
subjected them to ``physical abuse and
humiliation''.
(G) Columbia University's Institute for the
Study of Human Rights issued a report on the
conflict that ``document[s] crimes against
humanity and other atrocities committed by
Azerbaijani armed forces and Turkish-backed
Islamist fighters against Armenians'',
including beheadings, summary executions, and
the desecration of human remains.
(H) There is limited reliable information
about the condition or treatment of prisoners
of war and captured civilians, and there is
significant concern that female detainees in
particular could be subject to sexual assaults
and other mistreatment.
(I) The continued detainment of prisoners of
war and captured civilians by Azerbaijan calls
into serious question their commitment to human
rights and negotiating an equitable, lasting
peace settlement.
(J) Armenia has fulfilled its obligations
under the November 9 statement and
international law by returning Azerbaijani
prisoners of war.
(K) The United States is a co-chair, along
with France and Russia, of the Organization for
Security and Co-operation in Europe Minsk
Group, which was created to seek a durable and
peaceful solution to the Nagorno-Karabakh
conflict.
(2) Sense of congress.--It is the sense of Congress
that--
(A) Azerbaijan must immediately and
unconditionally return all Armenian prisoners
of war and captured civilians; and
(B) the Biden Administration should engage at
all levels with Azerbaijani authorities,
including through the Organization for Security
and Co-operation in Europe Minsk Group process,
to make clear the importance of adhering to
their obligations, under the November 9
statement and international law, to immediately
release all prisoners of war and captured
civilians.
(b) Report.--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 the
relevant congressional committees a report on the following:
(1) United States-origin parts and technology
discovered in Turkish Bayraktar unmanned aerial
vehicles deployed by Azerbaijan against Nagorno
Karabakh between September 27, 2020 and November 9,
2020, including an assessment of any potential
violations of violations of the Arms Export Control Act
or other applicable 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 prohibited munitions deployed by Azerbaijan
against civilians and civilian infrastructure in
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.
(c) Relevant Congressional Committees.--In this section, the
term ``relevant congressional committees'' means the Committee
on Foreign Affairs and Committee on Armed Services of the House
of Representatives and the Committee on Foreign Relations and
Committee on Armed Services of the Senate.
(1) Azerbaijan must immediately and unconditionally
return all Armenian prisoners of war and captured
civilians; and
(2) the Biden Administration should engage at all
levels with Azerbaijani authorities, including through
the Organization for Security and Co-operation in
Europe Minsk Group process, to make clear the
importance of adhering to their obligations, under the
November 9 statement and international law, to
immediately release all prisoners of war and captured
civilians.
----------
22. An Amendment To Be Offered by Representative Cleaver of Missouri or
His Designee, Debatable for 10 Minutes
In division E, insert after title LIII the following:
TITLE LIV--ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE
TRANSATLANTIC ENGAGEMENT
SEC. 5401. ESTABLISHMENT OF ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR
INCLUSIVE TRANSATLANTIC ENGAGEMENT AS PILOT
PROGRAM.
(a) Establishment.--There is established as a pilot program
in the Library of Congress the Alcee L. Hastings Leadership
Institute for Inclusive Transatlantic Engagement.
(b) Advisory Board.--The Institute shall be subject to the
supervision and direction of an Advisory Board which shall be
composed of seven members as follows:
(1) Two members appointed by the Speaker of the House
of Representatives from among the members of the House
of Representatives, one of whom shall be designated by
the majority leader of the House of Representatives and
one of whom shall be designated by the minority leader
of the House of Representatives.
(2) Two members appointed by the President pro
tempore of the Senate from among the members of the
Senate, one of whom shall be designated by the majority
leader of the Senate and one of whom shall be
designated by the minority leader of the Senate.
(3) Two members appointed by the President, one of
whom shall be an officer or employee of the Department
of State and one of whom shall be an officer or
employee of the Department of the Treasury.
(4) The Executive Director of the Institute, who
shall serve as an ex officio member of the Board.
(c) Term.--Each member of the Board appointed under this
section shall serve for a term of three years. Any vacancy
shall be filled in the same manner as the original appointment
and the individual so appointed shall serve for the remainder
of the term. A Member of Congress appointed to the Board may
not consecutively serve as a member of the Board for more than
a total of six years.
(d) Chair and Vice-Chair.--At the first meeting and at its
first regular meeting in each calendar year thereafter the
Board shall elect a Chair and Vice-Chair from among the members
of the Board. The Chair and Vice-Chair may not be members of
the same political party.
(e) Pay Not Authorized; Expenses.--Members of the Board
(other than the Executive Director) shall serve without pay,
but shall be entitled to reimbursement for travel, subsistence,
and other necessary expenses incurred in the performance of
their duties.
(f) Location of Institute.--The Institute shall be located in
Washington, DC.
SEC. 5402. PURPOSES AND AUTHORITY OF ALCEE L. HASTINGS LEADERSHIP
INSTITUTE FOR INCLUSIVE TRANSATLANTIC ENGAGEMENT.
(a) Purposes.--The purposes of the Institute shall be to
develop a diverse community of transatlantic leaders, including
emerging leaders, committed to democratic institutions,
processes, and values by--
(1) providing training and professional development
opportunities for racially and ethnically diverse
leaders on democratic governance and international
affairs;
(2) enabling international exchanges between leaders
to increase understanding and knowledge of democratic
models of governance; and
(3) increasing awareness of the importance of
international public service careers in racially and
ethnically diverse communities.
(b) Authority.--The Institute is authorized, consistent with
this title, to develop such programs, activities, and services
as it considers appropriate to carry out the purposes described
in subsection (a).
SEC. 5403. ADMINISTRATIVE PROVISIONS.
(a) Executive Director.--The Board shall appoint an Executive
Director who shall be the chief executive officer and principal
executive of the Institute and who shall supervise the affairs
of, assist the directions of, and carry out the functions of
the Board to administer the Institute. The Executive Director
of the Institute shall be compensated at an annual rate
specified by the Board.
(b) Other Duties.--The Executive Director, in consultation
with the Board shall appoint and fix the compensation of such
personnel as may be necessary to carry out this title.
(c) Institute Personnel.--
(1) Staff appointments.--All staff appointments shall
be made 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.
(2) Treatment as congressional employees.--For
purposes of pay and other employment benefits, rights,
and privileges and for all other purposes, any employee
of the Institute shall be considered to be a
Congressional employee under section 2107 of title 5,
United States Code.
(3) Coverage under congressional accountability act
of 1995.--
(A) Treatment of employees as covered
employees.--Section 101(3) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301(3))
is amended--
(i) by striking ``or'' at the end of
subparagraph (J);
(ii) by striking the period at the
end of subparagraph (K) and inserting
``; or''; and
(iii) by adding at the end the
following new subparagraph:
``(L) the Alcee L. Hastings Leadership
Institute for Inclusive Transatlantic
Engagement.''.
(B) Treatment of institute as employing
office.--Section 101(9)(D) of such Act (2
U.S.C. 1301(9)(D)) is amended by striking ``and
the John C. Stennis Center'' and inserting
``the Alcee L. Hastings Leadership Institute
for Inclusive Transatlantic Engagement, and the
John C. Stennis Center''.
SEC. 5404. ADMINISTRATIVE PROVISIONS.
In order to carry out this title, the Institute may carry out
any of the following:
(1) Prescribe such regulations as it considers
necessary for governing the manner in which its
functions shall be carried out.
(2) Procure temporary and intermittent services of
experts and consultants as are necessary to the extent
authorized by section 3109 of title 5, United States
Code.
(3) Request and utilize the assignment of any Federal
officer or employee from a department, agency, or
Congressional office to the Institute, including on a
rotating basis, by entering into an agreement for such
assignment.
(4) Enter into contracts, grants, or other
arrangements, or modifications thereof, to carry out
the provisions of this title, including with any office
of the Federal government or of any State or any
subdivision thereof.
(5) Make expenditures for any expenses in connection
with official training sessions or other authorized
programs or activities of the Institute.
(6) Apply for, receive, and use for the purposes of
the Institute grants or other assistance from Federal
sources.
(7) Establish, receive, and use for the purposes of
the Institute fees or other charges for goods or
services provided in fulfilling the Institute's
purposes.
(8) Respond to the request of offices of Congress and
other departments or agencies of the Federal government
to examine, study, or report on any issue within the
Institute's competence, including the use of classified
materials if necessary.
(9) Work with the appropriate security offices of the
House of Representatives and Senate to obtain or retain
need-based security clearances for Institute personnel.
(10) Assign Institute personnel to temporary duty
with offices of the Federal government, international
organizations, agencies and other entities to fulfill
this title.
(11) Make other necessary expenditures.
SEC. 5405. DEFINITIONS.
In this title:
(1) The term ``Institute'' means the ``Alcee L.
Hastings Leadership Institute for Inclusive
Transatlantic Engagement'' established as a pilot
program under section 5401.
(2) The term ``Board'' means the Advisory Board of
the Institute.
SEC. 5406. AUTHORIZATION OF APPROPRIATIONS; DISBURSEMENTS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated for fiscal year 2022 and each of the 4
succeeding fiscal years such sums as may be necessary
to carry out this title.
(2) Availability.--Amounts authorized to be
appropriated under paragraph (1) are authorized to
remain available until expended.
(b) Disbursements.--Amounts made available to the Institute
shall be disbursed on vouchers approved by the Chair and Vice-
Chair of the Board or by a majority vote of the Board.
(c) Use of Foreign Currencies.--For purposes of section
502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)),
the Institute shall be deemed to be a standing committee of the
Congress and shall be entitled to use funds in accordance with
such section.
(d) Foreign Travel.--Foreign travel for official purposes by
Members of the Institute who are Members of Congress and
Institute staff may be authorized by the Chair, Vice-Chair, or
Executive Director of the Institute.
(e) Effective Date.--This section shall take effect on the
date of enactment of this Act.
----------
23. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title X, insert the following:
SEC. 1024. PUBLIC AVAILABILITY OF MILITARY COMMISSION PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military commission
under this chapter that is made open to the public, the
military judge may order arrangements for the availability of
the proceeding to be watched remotely by the public through the
internet.''.
----------
24. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. EXCLUSION OF EVIDENCE OBTAINED WITHOUT PRIOR AUTHORIZATION.
Section 271 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Notwithstanding any other provision of law, any
information obtained by or with the assistance of a member of
the Armed Forces in violation of section 1385 of title 18,
shall not be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
a political subdivision thereof.''.
----------
25. An Amendment To Be Offered by Representative Bowman of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. 1229. PROHIBITION ON USE OF FUNDS TO MAINTAIN A UNITED STATES
MILITARY PRESENCE IN SYRIA.
None of the funds authorized to be appropriated or otherwise
made available to carry out this Act may be used to maintain a
United States military presence in Syria beginning on the date
that is 1 year after the date of the enactment of this Act,
except pursuant to a specific statutory authorization enacted
into law in accordance with the War Powers Resolution (50
U.S.C. 1541 et seq.).
----------
26. An Amendment To Be Offered by Representative Mfume of Maryland or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. MODIFICATIONS TO GOVERNMENTWIDE GOALS FOR SMALL BUSINESS
CONCERNS.
Section 15(g)(1)(A) of the Small Business Act (15 U.S.C.
644(g)(1)) is amended--
(1) in clause (i), by striking ``23 percent'' and
inserting ``25 percent'';
(2) in clause (ii), by striking ``3 percent'' and
inserting ``4 percent'';
(3) in clause (iii), by striking ``3 percent'' and
inserting ``4 percent'';
(4) in clause (iv), by striking ``at not less than''
and all that follows and inserting the following: ``at
not less than--
``(I) 11 percent of the total
value of all prime contract and
subcontract awards for fiscal
year 2022;
``(II) 12 percent of the
total value of all prime
contract and subcontract awards
for fiscal year 2023;
``(III) 13 percent of the
total value of all prime
contract and subcontract awards
for fiscal year 2024; and
``(IV) 15 percent of the
total value of all prime
contract and subcontract awards
for fiscal year 2025 and each
fiscal year thereafter.''; and
(5) in clause (v), by striking ``at not less than''
and all that follows and inserting the following: ``at
not less than--
``(I) 6 percent of the total
value of all prime contract and
subcontract awards for each of
fiscal years 2022 and 2023; and
``(II) 7 percent of the total
value of all prime contract and
subcontract awards for fiscal
year 2024 and each fiscal year
thereafter.''.
----------
27. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
In section 1080(e)(1), add at the end the following:
(J) The impact of civilian harm and human
rights violations, including civilian
casualties from airstrikes, arbitrary
detention, extrajudicial killings, and the use
of torture, on the security situation in
Afghanistan, the ability to equip and train the
Afghan National Security Force, and popular
perceptions of the Afghan National Government
and the Taliban, including an examination of
the extent to which such events contributed to
the resurgence of the Taliban.
----------
28. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. 13__. PROHIBITION ON SUPPORT OR MILITARY PARTICIPATION AGAINST THE
HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds
authorized to be appropriated or otherwise made available by
this Act may be made available to provide the following forms
of United States support to Saudi-led coalition's operations
against the Houthis in Yemen:
(1) Sharing intelligence for the purpose of enabling
offensive coalition strikes.
(2) Providing logistical support for coalition
strikes, including by providing maintenance or
transferring spare parts to coalition members flying
warplanes engaged in anti-Houthi bombings.
(b) Prohibition Relating to Military Participation.--None of
the funds authorized to be appropriated or otherwise made
available by this Act may be made available for any civilian or
military personnel of the Department of Defense to command,
coordinate, participate in the movement of, or accompany the
regular or irregular military forces of the Saudi and United
Arab Emirates-led coalition forces in hostilities against the
Houthis in Yemen or in situations in which there exists an
imminent threat that such coalition forces become engaged in
such hostilities, unless and until the President has obtained
specific statutory authorization, in accordance with section
8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
(c) Rule of Construction.--The prohibitions under this
section may not be construed to apply with respect to United
States Armed Forces engaged in operations directed at al Qaeda
or associated forces.
----------
29. An Amendment To Be Offered by Representative Correa of California
or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60__. AFGHANISTAN REFUGE SPECIAL ENVOY.
(a) In General.--There is established in the Executive Office
of the President an Afghanistan Refuge Special Envoy.
(b) Responsibilities.--The Afghanistan Refuge Special Envoy
shall--
(1) coordinate with the Secretary of State and the
heads of other relevant Executive agencies (as defined
under section 105 of title 5, United States Code) to
oversee the evacuation of persons from Afghanistan to
the United States; and
(2) coordinate with the Director of the Office of
Refugee Resettlement to connect individuals evacuated
from Afghanistan to the United States with
organizations that can facilitate the resettlement of
such individuals in the United States.
(c) Appointment.--The President shall appoint the Afghanistan
Refuge Special Envoy.
(d) Non-competitive Service Position.--The position
established under this section shall not be a competitive
service position.
(e) Termination.--The position established under this section
shall terminate on the date that is two years after the date of
the enactment of this Act.
----------
30. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. DETERMINATION AND SUSPENSION OF CERTAIN DEFENSE SERVICES AND
SUPPORT TO SAUDI ARABIA.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to continue to support and further efforts to
bring an end to the conflict in Yemen;
(2) to ensure United States defense articles and
services are not used for military operations resulting
in civilian casualties;
(3) to ensure section 502 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2302; relating to utilization of
defense articles) and section 4 of the Foreign Military
Sales Act (22 U.S.C. 2754) are upheld and which
describe the purposes for which military sales by the
United States are authorized, including ``legitimate
self-defense'', ``internal security'', and ``preventing
or hindering the proliferation of weapons of mass
destruction or the means of delivering such weapons'';
and
(4) to work with allies and partners to address the
ongoing humanitarian needs of Yemeni civilians.
(b) Determination and Report to Congress.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the President,
acting through the Secretary of State and the Secretary
of Defense, shall determine and report to appropriate
congressional committees of whether the Government of
Saudi Arabia has undertaken offensive airstrikes inside
Yemen in the preceding year resulting in civilian
casualties.
(2) Matters to be included.--The determination and
report required by this subsection shall include the
following:
(A) A full description of any such
airstrikes, including a detailed accounting of
civilian casualties incorporating information
from non-governmental sources.
(B) An identification of Government of Saudi
Arabia air units responsible for any such
airstrikes.
(C) A description of aircraft and munitions
used in any such airstrikes.
(3) Form.--The report required by this subsection
shall be submitted in unclassified form, but may
contain a classified annex if necessary.
(c) Prohibition on Authorizing Certain Foreign Military Sales
to Saudi Arabia.--Upon issuance of an affirmation determination
and report pursuant to subsection (b) with respect to offensive
airstrikes inside Yemen in the preceding year resulting in
civilian casualties, the President may not proceed with any
Foreign Military Sale (FMS) using funds authorized to be
appropriated by this Act authorizing the export to the
Government of Saudi Arabia of defense services related to the
sustainment or maintenance of United States-provided aircraft
belonging to military units determined to have undertaken such
airstrikes.
(d) Exception Relating to Territorial Defense and
Counterterrorism Operations.--Notwithstanding any other
provision of this section, the prohibition in subsection (c)
shall not include the authority or a requirement to impose any
restrictions or prohibitions on any Foreign Military Sale of
defense services relating to aircraft engaging in operations--
(1) preventing or degrading the ability of Houthi
(Ansar Allah) forces to launch missiles and unmanned
aircraft strikes into the territory of Saudi Arabia;
(2) related directly to counterterrorism efforts
against Al-Qaeda in the Arabian Peninsula (AQAP) and
its affiliates;
(3) designed to provide territorial air defense; or
(4) directly related to the defense of United States
facilities or military or diplomatic personnel located
in Saudi Arabia.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
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.
----------
31. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII add the following:
SEC. 13__. RULE OF LAW AND DEMOCRATIC STABILITY IN CENTRAL AMERICA ACT.
(a) Sanctions Relating to Acts of Significant Corruption and
Anti-democratic Behavior.--
(1) Extension of visa sanctions against persons
engaging in acts of significant corruption.--Each
person listed pursuant to the requirements of section
353(b) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (title
III of division FF of Public Law 116-260, relating to
targeted sanctions to fight corruption in El Salvador,
Guatemala, and Honduras) or pursuant to any other
provision of law requiring a report identifying foreign
persons who the President, acting through the Secretary
of State, determines to have knowingly engaged in
actions that undermine democratic processes or
institutions, or in significant corruption or
obstruction of investigations, and all immediate family
members of such person, shall be deemed to be
ineligible for entry into the United States in the same
manner and to the same extent as an official ineligible
for such entry pursuant to section 7031(c) of division
K of such Act.
(2) International coordination.-- The Secretary of
State and Secretary of the Treasury shall seek to
engage international partners and international
institutions for information sharing and technical
assistance for coordinated action, including economic
sanctions, visa restrictions, or additional
restrictions on security assistance or cooperation,
against undemocratic, corrupt actors.
(b) Limitation on Assistance With Respect to El Salvador,
Honduras, or Guatemala.--
(1) Limitation.--Funds authorized to be appropriated
by this Act or otherwise made available for fiscal year
2022 for the Department of Defense or the Department of
State may be obligated or expended for assistance,
including training and equipment, to a unit or member
of the security forces of El Salvador, Honduras, or
Guatemala only if such unit--
(A)(i) has had no credible allegation of
significant corruption, including in its
leadership, within the five years prior to the
date of the enactment of this section;
(ii) has had no credible allegation
of impeding democratic processes within
the five years prior to such date of
enactment; and
(iii) has had no credible allegation
of threatening personnel of the United
States Government or international
organizations within the five years
prior to such date of enactment; or
(B) the government of such country has taken
effective steps to hold accountable any person
or unit of a security force credibly alleged to
have engaged in an activity described in
clauses (i) through (iii) of subparagraph (A).
(2) Vetting report required.--Not later than 60 days
after providing any assistance described in paragraph
(1), the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional
defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Foreign Relations of the Senate a report that--
(A) identifies the unit to which such
assistance has been provided;
(B) describes the vetting process used; and
(C) describes how such assistance is
impacting United States policy and how the
relevant country is taking effective steps to
prevent any misuse of such assistance.
(3) Transfer authority.--The Secretary of Defense and
the Secretary of State, respectively, may make
available amounts withheld from obligation or
expenditure pursuant to the limitation under paragraph
(1) for programs in El Salvador, Honduras, or Guatemala
that do not support the central governments of such
countries.
(4) Report on northern triangle countries.--
(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 State, and shall submit to the
appropriate congressional committees a report
that includes the following:
(i) A description of any ongoing or
planned activities in cooperation with
the security forces of the Northern
Triangle countries.
(ii) An assessment of the adherence
of the security forces of the Northern
Triangle countries to human rights
norms and the rule of law, and a
description of any ongoing or planned
activities between the United States
and the Northern Triangle countries
focused on protection of human rights
and adherence to the rule of law, as
well as the response by the Department
to any serious violations of human
rights or anti-democratic actions by
the security forces of such countries.
(iii) A list of all United States
training and equipment provided to the
security forces of the Northern
Triangle countries within the 2 years
prior to the date of the enactment of
this Act, the number of inspections of
the use of such equipment that have
occurred during that period, and the
nature of those inspections.
(iv) An evaluation of the current
vetting process used to ensure that any
such equipment is not provided to a
unit or individual that is ineligible
to receive such equipment under
paragraph (1).
(v) A list of any such units or
individuals that are credibly alleged
to have engaged in serious violations
of human rights, significant
corruption, or anti-democratic
activities that have received United
States assistance within the two years
prior to the date of the enactment of
this Act.
(vi) A list of any such units that
are known to the Secretary to have used
United States equipment for any purpose
other than the purpose for which the
equipment was provided by the United
States.
(B) Form.--The report required by
subparagraph (A) shall be submitted in
unclassified form, but may contain a classified
annex.
(C) Definitions.--In this paragraph--
(i) the term ``Northern Triangle
countries'' means El Salvador,
Honduras, and Guatemala; and
(ii) the term ``appropriate
congressional committees'' means the
congressional defense committees, the
Committee on Foreign Affairs of the
House of Representatives, and the
Committee on Foreign Relations of the
Senate.
(c) State Department Fellowships for Rule of Law Activities
in Central America.--
(1) Establishment.--There is established in the
Department of State a fellowship program, to be known
as the ``Central American Network for Democracy'', to
support a regional corps of civil society, activists,
lawyers (including members of the judiciary and
prosecutors' offices), journalists, and investigators
to leverage lessons learned in order to contribute to
regional democracy and rule of law activities in
Central America, including electoral and transition
support, institutional reform, anti-corruption
investigations, and local engagement.
(2) Regional and international support.--The
Secretary of State shall take such steps as may be
necessary to obtain support for such fellowships from
international foundations, regional and United States
governmental and nongovernmental organizations, and
regional and United States universities.
(3) Focus; safety.--Activities carried out under the
fellowship--
(A) should focus on coordination and
consultation with key bodies to continue their
democracy efforts, including the Department of
Justice, Department of Treasury, Department of
State, the United States Agency for
International Development, the Organization of
American States, the Inter-American Court for
Human Rights, and the United Nations; and
(B) may include strengthened protection for
the physical safety of individuals who must
leave their home country to participate in the
program, including assistance for temporary
relocation, English language learning, and
mental health support.
(d) Reports and Briefing Required.--
(1) Annual progress report.--
(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 Congress a report entitled
``Rule of Law and Democratic Stability in
Central America,'' that includes--
(i) a description of the efforts of
the Department of State, working with
the United States Agency for
International Development, to address
whole-of-government approaches to
counter democratic deficiencies or
backsliding, endemic corruption,
efforts to weaken the rule of law, and
attacks against independent media and
civil society organizations that
threaten political instability and
prevent equitable development
opportunities in the preceding year;
and
(ii) a description of all economic
sanctions, visa restrictions, or other
measures taken by the United States to
achieve the goals described in
paragraph (1), and the impact of such
actions.
(B) Form; publication.--
(i) Form.--The report required by
subparagraph (A) shall be submitted in
unclassified form but may include a
classified annex.
(ii) Publication.--The unclassified
portion of each report required by
subparagraph (A) shall be made publicly
available by the committee or
committees of Congress receiving such
report.
(2) Inclusion of corruption concerns in other
reporting.--The Secretary of State shall include
consideration of measures against corruption in the
context of all required reporting with respect to human
rights, including in the annual Country Reports on
Human Rights Practices submitted pursuant to section
116 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n).
(3) International financial institution funding
assessment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a review of all United States
funding made available to international financial
institutions in the previous fiscal year that includes
a determination whether any such funding has been
provided to any individual or any institution led by an
individual credibly alleged to have engaged in acts of
corruption or the obstruction of democratic processes
or institutions. Such review shall also include a
description of the actions taken in the instance that
funds are misused, abused, or assessed to be misused,
abused, or otherwise used for corrupt or undemocratic
actions, and how the public procurement process played
a role in the matter.
(4) Central america intelligence assessment.--Not
later than 90 days after the date of the enactment of
this Act, the Secretary of State, in coordination with
the Director of National Intelligence and the heads of
other applicable Federal departments and agencies shall
conduct and submit to Congress an intelligence
assessment examining improper influence or interference
by persons comprising corrupt power structures and
illicit networks, such as organized crime, over the
security sector, judicial sector, legislative bodies,
and public finance and procurement processes in Central
American countries, in order to prioritize
investigations of individuals who play a significant
role in enabling high level corruption and obstruction
of democratic processes, including--
(A) current or former officials of the
security sector or the justice sector,
including officials of any sector or ministry
involved in the selection of prosecutors or
other judicial officers, who have willfully
cooperated or colluded with such corrupt
structures or illicit networks;
(B) private citizens, entities, and
nongovernmental organizations involved in--
(i) the bribery of or threats
against, personnel of the justice
sector, journalists, or activists; or
(ii) the misuse of disciplinary
proceedings and formal and informal
sanctions with respect to the justice
sector with the intention of harassing,
punishing, or otherwise interfering
with the legitimate exercise of a
judge's professional activities
(C) any other persons directly involved in,
financing, or otherwise supporting, the
activities described in subparagraph (A) or
(B).
(5) Quarterly briefings.--
(A) In general.--The Secretary of State shall
provide quarterly briefings, including in
classified form as appropriate, to the
appropriate congressional committees to discuss
the strategy of the Department to leverage all
United States tools, including non-public and
public visa restrictions or revocations,
economic sanctions, asset forfeitures, or
criminal charges, to sanction the foreign
persons described in subparagraph (B), any
actions taken in the preceding quarter against
corrupt and undemocratic foreign persons, and
the outcome of such actions to date. Such
briefings shall also include a discussion of
actions proposed to be taken in the forthcoming
quarter with respect to such persons.
(B) Targeted foreign nationals.--The foreign
persons described in this subparagraph are the
following:
(i) Foreign persons identified in the
intelligence assessment required by
paragraph (4), including persons
providing material support for acts of
significant corruption such as
influence peddling, illicit enrichment,
abuse of power, or acts that serve to
protect and maintain impunity.
(ii) Foreign persons engaging in a
pattern or practice of threatening
justice sector personnel, witnesses,
victims or their representatives in an
official proceeding, including through
direct communications, public
defamation campaigns, or the
intentional misuse of legal process to
harass such persons with the purpose or
effect of intimidating and obstructing
the judicial process, except that
speech, including through social media,
that would be protected in the United
States under the First Amendment to the
United States Constitution may not be
construed to constitute such a pattern
or practice.
(iii) Foreign persons providing a
thing of value in exchange for an
official act, including--
(I) providing campaign funds
for the purpose of securing lax
enforcement of the law or
access to public resources; or
(II) supporting appointment
to an official post in exchange
for favorable treatment.
(iv) Foreign persons obstructing
justice in human rights or corruption
investigations or prosecutions,
including by filing legal claims for an
improper purpose such as to harass,
delay or increase the cost of
litigation.
(v) Foreign persons repressing free
speech, assembly, or organization.
(vi) Foreign persons threatening or
committing violence or intimidation
against investigators, activists,
journalists, or human rights defenders.
(vii) Foreign persons committing
actions or policies that undermine
democratic processes or institutions.
(viii) Foreign persons attempting to
manipulate elections or suppress votes,
including through the misuse of
administrative resources, corrupt
interference in the regulation or
administration of elections,
intimidation at the polls, or the
intentional publication of false
information pertaining to elections,
candidates, or parties.
(ix) Foreign persons interfering in
any election for public office in
Central America or in the United
States, including official candidate
selection processes or campaign
finance.
(x) Foreign officials or groups
providing financial support or indirect
support to any other person engaged in
one or more of the activities described
in this paragraph.
(e) Authorization of Appropriations to Support Rule of Law
and Anti-corruption Activities.--There is authorized to be
appropriated $10,000,000 for the Secretary of State and the
Administrator of the United States Agency for International
Development to strengthen the rule of law, combat corruption,
consolidate democratic governance, and protect and defend human
rights, including for activities carried out with respect to
Central American countries.
----------
32. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SECTION 15__. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT DETAILS
ON NONREIMBURSABLE BASIS.
Section 1752(e) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and
indenting such subparagraphs two ems to the right;
(2) in the matter before subparagraph (A), as
redesignated by paragraph (1), by striking ``The
Director may'' and inserting the following:
``(1) In general.--The Director may'';
(3) in paragraph (1)--
(A) as redesignated by paragraph (2), by
redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively;
and
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) accept officers or employees of the
United States or members of the Armed Forces on
a detail from an element of the intelligence
community (as such term is defined in section
3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))) or from another element of the
Federal Government on a nonreimbursable basis,
as jointly agreed to by the heads of the
receiving and detailing elements, for a period
not to exceed three years;''; and
(4) by adding at the end the following new paragraph:
``(2) Rules of construction regarding details.--
Paragraph (1)(C) shall not be construed to impose any
limitation on any other authority for reimbursable or
nonreimbursable details. A nonreimbursable detail made
under such paragraph shall not be considered an
augmentation of the appropriations of the receiving
element of the Office of the National Cyber
Director.''.
----------
33. An Amendment To Be Offered by Representative Kahele of Hawaii or
His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, insert the following:
SEC. 585. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT WOUNDED
KNEE CREEK ON DECEMBER 29, 1890.
(a) 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.
(b) Medal of Honor Roll.--The Secretary concerned shall
remove the name of each individual awarded a Medal of Honor for
acts described in subsection (a) from the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll maintained under
section 1134a of title 10, United States Code.
(c) Return of Medal Not Required.--No person may be required
to return to the Federal Government a Medal of Honor rescinded
under subsection (a).
(d) No Denial of Benefits.--This Act shall not be construed
to deny any individual any benefit from the Federal Government.
----------
34. An Amendment To Be Offered by Representative Adams of North
Carolina or Her Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS.
(a) In General.--A servicer of a private education loan
extended to a covered borrower shall, upon request, forbear any
required payments on such loan through January 31, 2022.
(b) Oversight.--A servicer described in subsection (a) shall,
not later than 15 days following the date of enactment of this
Act and every 30 days thereafter, issue a report to the
Director of the Bureau of Consumer Financial Protection, the
Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate describing the implementation of
the provisions in this section, including the take-up of the
forbearance described in subsection (a) by borrowers of private
education loans.
(c) Reporting to Consumer Reporting Agencies With Respect to
Certain New and Preexisting Private Education Loans.--The
servicer of a private education loan shall ensure that, for the
purpose of reporting information about the loan to a consumer
reporting agency, any forbearance or deferment invoked by a
borrower during the period beginning on March 13, 2020, and
ending on January 31, 2022, including any payment that has been
forborne under this section, is treated as if it were a
regularly scheduled payment made by a borrower.
(d) Suspending Involuntary Collection.--For the period
beginning on the date of enactment of this Act and ending on
January 31, 2022, the servicer or holder of a private education
loan shall suspend all involuntary collection related to the
loan.
(e) Notice to Borrowers and Transition Period.--To inform
covered borrowers of the actions taken in accordance with this
section and ensure an effective transition, the servicer of a
private education loan extended to a covered borrower shall--
(1) not later than 15 days after the date of
enactment of this Act, notify covered borrowers--
(A) of the availability of forbearance under
subsection (a) and the manner in which a
borrower may request such forbearance;
(B) of the actions taken in accordance with
subsection (d) for whom collections have been
suspended;
(C) of the option to continue making payments
toward principal; and
(D) that the program under this section is a
temporary program; and
(2) beginning on November 30, 2021, carry out a
program to provide not less than 6 notices by postal
mail, telephone, or electronic communication to covered
borrowers indicating when the borrower's normal payment
obligations will resume.
(f) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower''
means a borrower of a private education loan.
(2) Private education loan.--The term ``private
education loan'' has the meaning given the term in
section 140 of the Truth in Lending Act (15 U.S.C.
1650).
----------
35. An Amendment To Be Offered by Representative Maloney of New York or
Her Designee, Debatable for 10 Minutes
At the end of title XI, add the following:
Subtitle B--PLUM Act
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing
Updates to Management Act'' or the ``PLUM Act''.
SEC. 1122. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND
SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title
5, United States Code, is amended by adding at the end
the following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States
Postal Service, and the Postal Regulatory
Commission;
``(B) the Architect of the Capitol, the
Government Accountability Office, the
Government Publishing Office, and the Library
of Congress; and
``(C) the Executive Office of the President
and any component within such Office (including
any successor component), including--
``(i) the Council of Economic
Advisors;
``(ii) the Council on Environmental
Quality;
``(iii) the National Security
Council;
``(iv) the Office of the Vice
President;
``(v) the Office of Policy
Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and
Budget;
``(viii) the Office of the United
States Trade Representative;
``(ix) the Office of Science and
Technology Policy;
``(x) the Office of National Drug
Control Policy; and
``(xi) the White House Office,
including the White House Office of
Presidential Personnel.
``(2) Covered website.--The term `covered website'
means the website established and maintained by the
Director under subsection (b).
``(3) Director.--The term `Director' means the
Director of the Office of Personnel Management.
``(4) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy
and supporting position; and
``(B) includes an individual serving in such
a position temporarily in an acting capacity in
accordance with--
``(i) sections 3345 through 3349d
(commonly referred to as the `Federal
Vacancies Reform Act of 1998');
``(ii) any other statutory provision
described in section 3347(a)(1); or
``(iii) a Presidential appointment
described in section 3347(a)(2).
``(5) Policy and supporting position.--The term
`policy and supporting position' means--
``(A) a position that requires appointment by
the President, by and with the advice and
consent of the Senate;
``(B) a position that requires or permits
appointment by the President or Vice President,
without the advice and consent of the Senate;
``(C) a position occupied by a limited term
appointee, limited emergency appointee, or
noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6),
and (7), respectively, of section 3132(a);
``(D) a position of a confidential or policy-
determining character under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, or any successor
regulation;
``(E) a position in the Senior Foreign
Service;
``(F) any career position at an agency that,
but for this section and section 2(b)(3) of the
PLUM Act, would be included in the publication
entitled `United States Government Policy and
Supporting Positions', commonly referred to as
the `Plum Book'; and
``(G) any other position classified at or
above level GS-14 of the General Schedule (or
equivalent) that is excepted from the
competitive service by law because of the
confidential or policy-determining nature of
the position duties.
``(b) Establishment of Website.--Not later than 1 year after
the date of enactment of the PLUM Act, the Director shall
establish, and thereafter maintain, a public website containing
the following information for the President then in office and
for each subsequent President:
``(1) Each policy and supporting position in the
Federal Government, including any such position that is
vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in
paragraph (1); or
``(B) previously served in a position
described in such paragraph under the
applicable President.
``(3) Information on any Government-wide or agency-
wide limitation on the total number of positions in the
Senior Executive Service under section 3133 or 3132,
and for the total number of positions in Schedule C of
subpart C of part 213 of title 5, Code of Federal
Regulations, and total number of individuals occupying
such positions.
``(c) Contents.--With respect to any policy and supporting
position listed on the covered website, the Director shall
include--
``(1) the agency, and agency component, (including
the agency and bureau code used by the Office of
Management and Budget) in which the position is
located;
``(2) the name of the position;
``(3) the name of the individual occupying such
position (if any);
``(4) the geographic location of the position,
including the city, State or province, and country;
``(5) the pay system under which the position is
paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if
any);
``(8) the expiration date, in the case of a time-
limited appointment;
``(9) a unique identifier for each appointee to
enable tracking such appointee across positions;
``(10) whether the position is vacant, and in the
case of a vacancy, for positions for which appointment
is required to be made by the President by and with the
advice and consent of the Senate, the name of the
acting official, and, for other positions, the name of
the official performing the duties of the vacant
position.
``(d) Current Data.--For each agency, the Director shall
indicate the date that the agency last updated the data.
``(e) Format.--The Director shall make the data on the
covered website available to the public at no cost over the
internet in a searchable, sortable, downloadable, and machine-
readable format so that the data qualifies as an open
Government data asset, as defined in section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall
provide to the Director any information that the
Director determines necessary to establish and maintain
the covered website, including the information uploaded
pursuant to paragraph (4).
``(2) Requirements for agencies.--Not later than 1
year after the date of enactment of the PLUM Act, the
Director shall issue instructions to agencies with
specific requirements for the provision or uploading of
information required under paragraph (1), including--
``(A) specific data standards that an agency
shall follow to ensure that the information is
complete, accurate, and reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency
shall provide or upload the information,
including the timeframe described under
paragraph (4).
``(3) Public accountability.--The Director shall
identify on the covered website any agency that has
failed to provide--
``(A) the information required by the
Director;
``(B) complete, accurate, and reliable
information; or
``(C) the information during the timeframe
specified by the Director.
``(4) Monthly updates.--
``(A) Not later than 90 days after the date
the covered website is established, and not
less than once during each 30 day period
thereafter, the head of each agency shall
upload to the covered website updated
information (if any) on--
``(i) the policy and supporting
positions in the agency;
``(ii) the appointees occupying such
positions in the agency; and
``(iii) the former appointees who
served in the agency under the
President then in office.
``(B) Information provided under subparagraph
(A) shall supplement, not supplant, previously
provided data under such subparagraph.
``(5) OPM help desk.--The Director shall establish a
central help desk, to be operated by not more than one
full-time employee, to assist any agency with
implementing this section.
``(6) Coordination.--The Director may designate one
or more Federal agencies to participate in the
development, establishment, operation, and support of
the covered website. With respect to any such
designation, the Director may specify the scope of the
responsibilities of the Federal agency so designated.
``(7) Data standards and timing.--The Director shall
make available on the covered website information
regarding on data collection standards, quality
assurance methods, and time frames for reporting data
to the Director.
``(8) Regulations.--The Director may prescribe
regulations necessary for the administration of this
section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall
comply with the instructions and guidance issued by the
Director to carry out this subtitle, and, upon request
of the Director, shall provide appropriate assistance
to the Director to ensure the successful operation of
the covered website in the manner and within the
timeframe specified by the Director under subsection
(f)(2).
``(2) Ensuring completeness, accuracy, and
reliability.--With respect to any submission of
information described in paragraph (1), the head of an
agency shall include an explanation of how the agency
ensured the information is complete, accurate, and
reliable, and a certification that such information is
complete, accurate, and reliable.
``(h) Information Verification.--
``(1) In general.--Not less frequently than
semiannually, the Director, in coordination with the
White House Office of Presidential Personnel, shall
confirm that the information on the covered website is
complete, accurate, reliable, and up-to-date. On the
date of any such confirmation, the Director shall
publish on the covered website a certification that
such confirmation has been made.
``(2) Authority of director.--In carrying out
paragraph (1), the Director may--
``(A) request additional information from an
agency; and
``(B) use any additional information provided
to the Director or the White House Office of
Presidential Personnel for the purposes of
verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide
feedback regarding the accuracy of the information on
the covered website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section
3349a), the Director, in consultation with the
Archivist of the United States, shall archive the data
that was compiled on the covered website for the
preceding presidential administration.
``(2) Public availability.--The Director shall make
the data described in paragraph (1) publicly available
over the internet--
``(A) on, or through a link on, the covered
website;
``(B) at no cost; and
``(C) in a searchable, sortable,
downloadable, and machine-readable format.
``(j) Reports.--
``(1) In general.--Not less frequently than one year
after the covered website is established and not less
than annually thereafter, the Director, in coordination
with the White House Office of Presidential Personnel,
shall publish a report on the covered website that
contains summary level information on the demographics
of any appointee. Such report shall provide such
information in a structured data format that is
searchable, sortable, and downloadable, makes use of
common identifiers wherever possible, and contains
current and historical data regarding such information.
``(2) Contents.--
``(A) In general.--Each report published
under paragraph (1) shall include self-
identified data on race, ethnicity, tribal
affiliation, gender, disability, sexual
orientation, veteran status, and whether the
appointee is over the age of 40 with respect to
each type of appointee. Such a report shall
allow for users of the covered website to view
the type of appointee by agency or component,
along with these self-identified data, alone
and in combination, to the greatest level
detail possible without allowing the
identification of individual appointees.
``(B) Option to not specify.--When collecting
each category of data described in subparagraph
(A), each appointee shall be allowed an option
to not specify with respect to any such
category.
``(C) Consultation.--The Director shall
consult with the Committee on Oversight and
Reform of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate regarding reports
published under this subsection and the
information in such reports to determine
whether the intent of this section is being
fulfilled and if additional information or
other changes are needed for such reports.
``(3) Exclusion of career positions.--For purposes of
applying the term `appointee' in this subsection, such
term does not include any individual appointed to a
position described in subsection (a)(5)(F).''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States
Code, is amended by adding at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) GAO review and report.--Not later than 1 year
after the date such website is established, the
Comptroller General shall conduct a review, and issue a
briefing or report, on the implementation of this
subtitle and the amendments made by this subtitle. The
review shall include--
(A) the quality of data required to be
collected and whether such data is complete,
accurate, timely, and reliable;
(B) any challenges experienced by agencies in
implementing this subtitle and the amendments
made by this subtitle; and
(C) any suggestions or modifications to
enhance compliance with this subtitle and the
amendments made by this subtitle, including
best practices for agencies to follow.
(2) Sunset of plum book.--Beginning on January 1,
2024, such website shall serve as the public directory
for policy and supporting positions in the Government,
and the publication entitled ``United States Government
Policy and Supporting Positions'', commonly referred to
as the ``Plum Book'', shall no longer be issued or
published.
----------
36. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, insert the following:
SEC. 10__. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL
PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES.
(a) In General.--Section 2576a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking
``counterdrug, counterterrorism, `disaster-
related emergency preparedness, and border
security activities'' and inserting
``counterterrorism''; and
(B) in paragraph (2), by striking ``, the
Director of National Drug Control Policy,'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at
the end;
(B) in paragraph (6), by striking the period
and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(7) the recipient submits to the Department of
Defense a description of how the recipient expects to
use the property;
``(8) the recipient certifies to the Department of
Defense that if the recipient determines that the
property is surplus to the needs of the recipient, the
recipient will return the property to the Department of
Defense;
``(9) with respect to a recipient that is not a
Federal agency, the recipient certifies to the
Department of Defense that the recipient notified the
local community of the request for personal property
under this section by--
``(A) publishing a notice of such request on
a publicly accessible Internet website;
``(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; and
``(10) the recipient has received the approval of the
city council or other local governing body to acquire
the personal property sought under this section.'';
(3) by striking subsections (d) and (e);
(4) by redesignating subsections (f) and (g) as
subsections (o) and (p), respectively; and
(5) by inserting after subsection (c) the following
new subsections:
``(d) Annual Certification Accounting for Transferred
Property.--(1) For each fiscal year, the Secretary shall submit
to Congress certification in writing that each Federal or State
agency to which the Secretary has transferred property under
this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms
and ammunition, that the Secretary has transferred to
the agency, including any item described in subsection
(f) so transferred before the date of the enactment of
the Stop Militarizing Law Enforcement Act; and
``(B) with respect to a non-Federal agency, carried
out each of paragraphs (5) through (8) of subsection
(b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may
not transfer additional property to that agency under this
section.
``(e) Annual Report on Excess Property.--Before making any
property available for transfer under this section, the
Secretary shall annually submit to Congress a description of
the property to be transferred together with a certification
that the transfer of the property would not violate this
section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not
transfer to Federal, Tribal, State, or local law enforcement
agencies the following under this section:
``(A) Controlled firearms, ammunition, bayonets,
grenade launchers, grenades (including stun and flash-
bang) and explosives.
``(B) Controlled vehicles, highly mobile multi-
wheeled vehicles, mine-resistant ambush-protected
vehicles, trucks, truck dump, truck utility, and truck
carryall.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircraft that--
``(i) are combat configured or combat coded;
or
``(ii) have no established commercial flight
application.
``(E) Silencers.
``(F) Long-range acoustic devices.
``(G) Items in the Federal Supply Class of banned
items.
``(2) The Secretary may not require, as a condition of a
transfer under this section, that a Federal or State agency
demonstrate the use of any small arms or ammunition.
``(3) The limitations under this subsection shall also apply
with respect to the transfer of previously transferred property
of the Department of Defense from one Federal or State agency
to another such agency.
``(4)(A) The Secretary may waive the applicability of
paragraph (1) to a vehicle described in subparagraph (B) of
such paragraph (other than a mine-resistant ambush-protected
vehicle), if the Secretary determines that such a waiver is
necessary for disaster or rescue purposes or for another
purpose where life and public safety are at risk, as
demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph
(A), the Secretary shall--
``(i) submit to Congress notice of the waiver, and
post such notice on a public Internet website of the
Department, by not later than 30 days after the date on
which the waiver is issued; and
``(ii) require, as a condition of the waiver, that
the recipient of the vehicle for which the waiver is
issued provides public notice of the waiver and the
transfer, including the type of vehicle and the purpose
for which it is transferred, in the jurisdiction where
the recipient is located by not later than 30 days
after the date on which the waiver is issued.
``(5) The Secretary may provide for an exemption to the
limitation under subparagraph (D) of paragraph (1) in the case
of parts for aircraft described in such subparagraph that are
transferred as part of regular maintenance of aircraft in an
existing fleet.
``(6) The Secretary shall require, as a condition of any
transfer of property under this section, that the Federal or
State agency that receives the property shall return the
property to the Secretary if the agency--
``(A) is investigated by the Department of Justice
for any violation of civil liberties; or
``(B) is otherwise found to have engaged in
widespread abuses of civil liberties.
``(g) 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 Congress certification that for
the preceding fiscal year that--
``(1) each Federal or State agency that has received
controlled property transferred under this section
has--
``(A) demonstrated 100 percent accountability
for all such property, in accordance with
paragraph (2) or (3), as applicable; or
``(B) been suspended from the program
pursuant to paragraph (4);
``(2) with respect to each non-Federal agency that
has received controlled property under this section,
the State coordinator responsible for each such agency
has verified that the coordinator or an agent of the
coordinator has conducted an in-person inventory of the
property transferred to the agency and that 100 percent
of such property was accounted for during the inventory
or that the agency has been suspended from the program
pursuant to paragraph (4);
``(3) with respect to each Federal agency that has
received controlled property under this section, the
Secretary of Defense or an agent of the Secretary has
conducted an in-person inventory of the property
transferred to the agency and that 100 percent of such
property was accounted for during the inventory or that
the agency has been suspended from the program pursuant
to paragraph (4);
``(4) the eligibility of any agency that has received
controlled property under this section for which 100
percent of the property was not accounted for during an
inventory described in paragraph (1) or (2), as
applicable, to receive any property transferred under
this section has been suspended; and
``(5) 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; and
``(6) the Secretary of Defense has certified, for
each Federal agency that has received property under
this section 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.
``(h) Prohibition on Ownership of Controlled Property.--A
Federal or State agency that receives controlled property under
this section may never take ownership of the property.
``(i) Notice to Congress of Property Downgrades.--Not later
than 30 days before downgrading the classification of any item
of personal property from controlled or Federal Supply Class,
the Secretary shall submit to Congress notice of the proposed
downgrade.
``(j) Notice to Congress of Property Cannibalization.--Before
the Defense Logistics Agency authorizes the recipient of
property transferred under this section to cannibalize the
property, the Secretary shall submit to Congress notice of such
authorization, including the name of the recipient requesting
the authorization, the purpose of the proposed cannibalization,
and the type of property proposed to be cannibalized.
``(k) Quarterly Reports on Use of Controlled Equipment.--Not
later than 30 days after the last day of a fiscal quarter, the
Secretary shall submit to Congress a report on any uses of
controlled property transferred under this section during that
fiscal quarter.
``(l) 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 any new (condition code A)
property transferred under this section, including
specific information about the type of property, the
recipient of the property, the monetary value of each
item of the property, and the total monetary value of
all such property transferred during the fiscal
year.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to any transfer of property made after
the date of the enactment of this Act.
----------
37. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
Add after title LIII the following new title:
TITLE LIV--FEDERAL CYBERSECURITY WORKFORCE EXPANSION
SEC. 5401. FINDINGS.
Congress finds that--
(1) the need for qualified cybersecurity personnel is
greater than ever, as demonstrated by the recent
SolarWinds breach and the growing spate of ransomware
attacks on critical infrastructure entities and State
and local governments;
(2) the Federal Government is facing a shortage of
qualified cybersecurity personnel, as noted in a March
2019 Government Accountability Office report on
critical staffing needs in the Federal cybersecurity
workforce;
(3) there is a national shortage of qualified
cybersecurity personnel, and according to CyberSeek, a
project supported by the National Initiative for
Cybersecurity Education within the National Institute
of Standards and Technology, there are approximately
500,000 cybersecurity job openings around the United
States;
(4) in May 2021, the Department of Homeland Security
announced that the Department was initiating a 60 day
sprint to hire 200 cybersecurity personnel across the
Department, with 100 of those hires for the
Cybersecurity and Infrastructure Security Agency, to
address a cybersecurity workforce shortage; and
(5) the Federal Government needs to--
(A) expand the cybersecurity workforce
pipeline of the Federal Government to
sustainably close a Federal cybersecurity
workforce shortage; and
(B) work cooperatively with the private
sector and State and local government
authorities to expand opportunities for new
cybersecurity professionals.
SEC. 5402. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP
PROGRAM.
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. 2202A. APPRENTICESHIP PROGRAM.
``(a) Definitions.--In this section:
``(1) Area career and technical education school.--
The term `area career and technical education school'
has the meaning given the term in section 3 of the Carl
D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302).
``(2) Community college.--The term `community
college' means a public institution of higher education
at which the highest degree that is predominantly
awarded to students is an associate's degree,
including--
``(A) a 2-year Tribal College or and
University, as defined in section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c);
and
``(B) a public 2-year State institution of
higher education.
``(3) Cybersecurity work roles.--The term
`cybersecurity work roles' means the work roles
outlined in the National Initiative for Cybersecurity
Education Cybersecurity Workforce Framework (NIST
Special Publication 800-181), or any successor
framework.
``(4) Education and training provider.--The term
`education and training provider' means--
``(A) an area career and technical education
school;
``(B) an early college high school;
``(C) an educational service agency;
``(D) a high school;
``(E) a local educational agency or State
educational agency;
``(F) a Tribal educational agency, Tribally
controlled college or university, or Tribally
controlled postsecondary career and technical
institution;
``(G) a postsecondary educational
institution;
``(H) a minority-serving institution;
``(I) a provider of adult education and
literacy activities under the Adult Education
and Family Literacy Act (29 U.S.C. 3271 et
seq.);
``(J) a local agency administering plans
under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112
or part C of that title (29 U.S.C. 732, 741);
``(K) a related instruction provider,
including a qualified intermediary acting as a
related instruction provider as approved by a
registration agency;
``(L) a Job Corps center, as defined in
section 142 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3192); or
``(M) a consortium of entities described in
any of subparagraphs (A) through (L).
``(5) Eligible entity.--
``(A) In general.--The term `eligible entity'
means--
``(i) a program sponsor;
``(ii) a State workforce development
board or State workforce agency, or a
local workforce development board or
local workforce development agency;
``(iii) an education and training
provider;
``(iv) if the applicant is in a State
with a State apprenticeship agency,
such State apprenticeship agency;
``(v) an Indian Tribe or Tribal
organization;
``(vi) an industry or sector
partnership, a group of employers, a
trade association, or a professional
association that sponsors or
participates in a program under the
national apprenticeship system;
``(vii) a Governor of a State;
``(viii) a labor organization or
joint labor-management organization; or
``(ix) a qualified intermediary.
``(B) Sponsor requirement.--Not fewer than 1
entity described in subparagraph (A) shall be
the sponsor of a program under the national
apprenticeship system.
``(6) 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).
``(7) Local educational agency; secondary school.--
The terms `local educational agency' and `secondary
school' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(8) Local workforce development board.--The term
`local workforce development board' has the meaning
given the term `local board' in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(9) 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 taxation under section 501(a) of such
Code.
``(10) Provider of adult education.--The term
`provider of adult education' has the meaning given the
term `eligible provider' in section 203 of the Adult
Education and Family Literacy Act (29 U.S.C. 3272).
``(11) Related instruction.--The term `related
instruction' means an organized and systematic form of
instruction designed to provide an individual in an
apprenticeship program with the knowledge of the
technical subjects related to the intended occupation
of the individual after completion of the program.
``(12) Sponsor.--The term `sponsor' means any person,
association, committee, or organization operating an
apprenticeship program and in whose name the program
is, or is to be, registered or approved.
``(13) State apprenticeship agency.--The term `State
apprenticeship agency' has the meaning given the term
in section 29.2 of title 29, Code of Federal
Regulations, or any corresponding similar regulation or
ruling.
``(14) State workforce development board.--The term
`State workforce development board' has the meaning
given the term `State board' in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(15) WIOA terms.--The terms `career planning',
`community-based organization', `economic development
agency', `industry or sector partnership', `on-the-job
training', `recognized postsecondary credential', and
`workplace learning advisor' have the meanings given
those terms in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
``(16) Qualified intermediary.--
``(A) In general.--The term `qualified
intermediary' means an entity that demonstrates
expertise in building, connecting, sustaining,
and measuring the performance of partnerships
described in subparagraph (B) and serves
program participants and employers by--
``(i) connecting employers to
programs under the national
apprenticeship system;
``(ii) assisting in the design and
implementation of such programs,
including curriculum development and
delivery for related instruction;
``(iii) supporting entities,
sponsors, or program administrators in
meeting the registration and reporting
requirements of this Act;
``(iv) providing professional
development activities such as training
to mentors;
``(v) supporting the recruitment,
retention, and completion of potential
program participants, including
nontraditional apprenticeship
populations and individuals with
barriers to employment;
``(vi) developing and providing
personalized program participant
supports, including by partnering with
organizations to provide access to or
referrals for supportive services and
financial advising;
``(vii) providing services,
resources, and supports for
development, delivery, expansion, or
improvement of programs under the
national apprenticeship system; or
``(viii) serving as a program
sponsor.
``(B) Partnerships.--The term `partnerships
described in subparagraph (B)' means
partnerships among entities involved in, or
applying to participate in, programs under the
national apprenticeship system, including--
``(i) industry or sector
partnerships;
``(ii) partnerships among employers,
joint labor-management organizations,
labor organizations, community-based
organizations, industry associations,
State or local workforce development
boards, education and training
providers, social service
organizations, economic development
organizations, Indian Tribes or Tribal
organizations, one-stop operators, one-
stop partners, or veterans service
organizations in the State workforce
development system; or
``(iii) partnerships among 1 or more
of the entities described in clauses
(i) and (ii).
``(b) Establishment of Apprenticeship Programs.--Not later
than 2 years after the date of enactment of this section, the
Director may establish 1 or more apprenticeship programs as
described in subsection (c).
``(c) Apprenticeship Programs Described.--An apprenticeship
program described in this subsection is an apprenticeship
program that--
``(1) leads directly to employment in--
``(A) a cybersecurity work role with the
Agency; or
``(B) a position with a company or other
entity provided that the position is--
``(i) certified by the Director as
contributing to the national
cybersecurity of the United States; and
``(ii) funded at least in majority
part through a contract, grant, or
cooperative agreement with the Agency;
``(2) is focused on competencies and related learning
necessary, as determined by the Director, to meet the
immediate and ongoing needs of cybersecurity work roles
at the Agency; and
``(3) is registered with and approved by the Office
of Apprenticeship of the Department of Labor or a State
apprenticeship agency pursuant to the Act of August 16,
1937 (commonly known as the `National Apprenticeship
Act'; 29 U.S.C. 50 et seq.).
``(d) Coordination.--In the development of an apprenticeships
program under this section, the Director shall consult with the
Secretary of Labor, the Director of the National Institute of
Standards and Technology, the Secretary of Defense, the
Director of the National Science Foundation, and the Director
of the Office of Personnel Management to leverage existing
resources, research, communities of practice, and frameworks
for developing cybersecurity apprenticeship programs.
``(e) Optional Use of Grants or Cooperative Agreements.--An
apprenticeship program under this section may include entering
into a contract or cooperative agreement with or making a grant
to an eligible entity if determined appropriate by the Director
based on the eligible entity--
``(1) demonstrating experience in implementing and
providing career planning and career pathways toward
apprenticeship programs;
``(2) having knowledge of cybersecurity workforce
development;
``(3) being eligible to enter into a contract or
cooperative agreement with or receive grant funds from
the Agency as described in this section;
``(4) providing students who complete the
apprenticeship program with a recognized postsecondary
credential;
``(5) using related instruction that is specifically
aligned with the needs of the Agency and utilizes
workplace learning advisors and on-the-job training to
the greatest extent possible; and
``(6) demonstrating successful outcomes connecting
graduates of the apprenticeship program to careers
relevant to the program.
``(f) Applications.--If the Director enters into an
arrangement as described in subsection (e), an eligible entity
seeking a contract, cooperative agreement, or grant under the
program shall submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require.
``(g) Priority.--In selecting eligible entities to receive a
contract, grant, or cooperative agreement under this section,
the Director may prioritize an eligible entity that--
``(1) is a member of an industry or sector
partnership;
``(2) provides related instruction for an
apprenticeship program through--
``(A) a local educational agency, a secondary
school, a provider of adult education, an area
career and technical education school, or an
institution of higher education; or
``(B) an apprenticeship program that was
registered with the Department of Labor or a
State apprenticeship agency before the date on
which the eligible entity applies for the grant
under subsection (g);
``(3) works with the Secretary of Defense, the
Secretary of Veterans Affairs, or veterans
organizations to transition members of the Armed Forces
and veterans to apprenticeship programs in a relevant
sector; or
``(4) plans to use the grant to carry out the
apprenticeship program with an entity that receives
State funding or is operated by a State agency.
``(h) Technical Assistance.--The Director shall provide
technical assistance to eligible entities to leverage the
existing job training and education programs of the Agency and
other relevant programs at appropriate Federal agencies.
``(i) Excepted Service.--Participants in the program may be
entered into cybersecurity-specific excepted service positions
as determined appropriate by the Director and authorized by
section 2208.
``(j) Report.--
``(1) In general.--Not less than once every 2 years
after the establishment of an apprenticeship program
under this section, the Director shall submit to
Congress a report on the program, including--
``(A) a description of--
``(i) any activity carried out by the
Agency under this section;
``(ii) any entity that enters into a
contract or agreement with or receives
a grant from the Agency under
subsection (e);
``(iii) any activity carried out
using a contract, agreement, or grant
under this section as described in
subsection (e); and
``(iv) best practices used to
leverage the investment of the Federal
Government under this section; and
``(B) an assessment of the results achieved
by the program, including the rate of continued
employment at the Agency for participants after
completing an apprenticeship program carried
out under this section.
``(k) Performance Reports.--Not later than 1 year after the
establishment of an apprenticeship program under this section,
and annually thereafter, the Director shall submit to Congress
and the Secretary of Labor a report on the effectiveness of the
program based on the accountability measures described in
clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)).
``(l) Authorization of Appropriations.--There is authorized
to be appropriated to the Agency such sums as necessary to
carry out this section.''.
SEC. 5403. PILOT PROGRAM ON CYBER TRAINING FOR VETERANS AND MEMBERS OF
THE ARMED FORCES TRANSITIONING TO CIVILIAN LIFE.
(a) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible
individual'' means an individual who is--
(A) a member of the Armed Forces
transitioning from service in the Armed Forces
to civilian life; or
(B) a veteran.
(2) Portable credential.--The term ``portable
credential''--
(A) means a documented award by a responsible
and authorized entity that has determined that
an individual has achieved specific learning
outcomes relative to a given standard; and
(B) includes a degree, diploma, license,
certificate, badge, and professional or
industry certification that--
(i) has value locally and nationally
in labor markets, educational systems,
or other contexts;
(ii) is defined publicly in such a
way that allows educators, employers,
and other individuals and entities to
understand and verify the full set of
skills represented by the credential;
and
(iii) enables a holder of the
credential to move vertically and
horizontally within and across training
and education systems for the
attainment of other credentials.
(3) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 31, United
States Code.
(4) Work-based learning.--The term ``work-based
learning'' has the meaning given the term in section 3
of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Veterans Affairs shall
establish a pilot program under which the Secretary shall
provide cyber-specific training for eligible individuals.
(c) Elements.--The pilot program established under subsection
(b) shall incorporate--
(1) virtual platforms for coursework and training;
(2) hands-on skills labs and assessments;
(3) Federal work-based learning opportunities and
programs; and
(4) the provision of portable credentials to eligible
individuals who graduate from the pilot program.
(d) Alignment With NICE Workforce Framework for
Cybersecurity.--The pilot program established under subsection
(b) shall align with the taxonomy, including work roles and
associated tasks, knowledge, and skills, from the National
Initiative for Cybersecurity Education Workforce Framework for
Cybersecurity (NIST Special Publication 800-181), or any
successor framework.
(e) Coordination.--
(1) Training, platforms, and frameworks.--In
developing the pilot program under subsection (b), the
Secretary of Veterans Affairs shall coordinate with the
Secretary of Defense, the Secretary of Homeland
Security, the Secretary of Labor, 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
cyber 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)(3), the Secretary of Veterans Affairs
shall coordinate with the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of Labor,
the Director of the Office of Personnel Management, and
the heads of other appropriate Federal agencies to
identify or create interagency opportunities that will
enable the pilot program established under subsection
(b) to--
(A) bridge the gap between knowledge
acquisition and skills application for
participants; and
(B) give participants the experience
necessary to pursue Federal employment.
(f) Resources.--
(1) In general.--In any case in which the pilot
program established under subsection (b)--
(A) uses a program of the Department of
Veterans Affairs or platforms and frameworks
described in subsection (e)(1), the Secretary
of Veterans Affairs shall take such actions as
may be necessary to ensure that those programs,
platforms, and frameworks are expanded and
resourced to accommodate usage by eligible
individuals participating in the pilot program;
or
(B) does not use a program of the Department
of Veterans Affairs or platforms and frameworks
described in subsection (e)(1), the Secretary
of Veterans Affairs shall take such actions as
may be necessary to develop or procure
programs, 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.--Actions described in paragraph (1) may
include providing additional funding, staff, or other
resources to--
(A) provide administrative support for basic
functions of the pilot program;
(B) ensure the success and ongoing engagement
of eligible individuals participating in the
pilot program;
(C) connect graduates of the pilot program to
job opportunities within the Federal
Government; and
(D) allocate dedicated positions for term
employment to enable Federal work-based
learning opportunities and programs for
participants to gain the experience necessary
to pursue permanent Federal employment.
SEC. 5404. FEDERAL 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''.
SEC. 5405. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.
(a) Technical Amendments.--
(1) Homeland security act of 2002.--Subtitle A of
title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended--
(A) in the first section 2215 (6 U.S.C. 665;
relating to the duties and authorities relating
to .gov internet domain), by amending the
section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(B) in the second section 2215 (6 U.S.C.
665b; relating to the joint cyber planning
office), by amending the section enumerator and
heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(C) in the third section 2215 (6 U.S.C. 665c;
relating to the Cybersecurity State
Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(D) in the fourth section 2215 (6 U.S.C.
665d; relating to Sector Risk Management
Agencies), by amending the section enumerator
and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(E) in section 2216 (6 U.S.C. 665e; relating
to the Cybersecurity Advisory Committee), by
amending the section enumerator and heading to
read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(F) in section 2217 (6 U.S.C. 665f; relating
to Cybersecurity Education and Training
Programs), by amending the section enumerator
and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(2) Consolidated appropriations act, 2021.--Paragraph
(1) of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is
amended, in the matter preceding subparagraph (A), by
inserting ``of 2002'' after ``Homeland Security Act''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. Apprenticeship program.''.
____________________________________________________
38. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
Add at the end of title XVI the following new subtitle:
Subtitle F--Ballistic Missiles
SEC. 1661. FINDINGS.
Congress finds the following:
(1) According to the Congressional Budget Office, the
projected cost to sustain and modernize the United
States nuclear arsenal, as of 2017, ``is $1.2 trillion
in 2017 dollars over the 2017-2046 period: more than
$800 billion to operate and sustain (that is,
incrementally upgrade) nuclear forces and about $400
billion to modernize them''. With inflation, the cost
rises to $1,700,000,000,000 and does not include the
cost of the additional nuclear capabilities proposed in
the 2018 Nuclear Posture Review.
(2) The Government Accountability Office found in
July 2020 that the Department of Defense and the
National Nuclear Security Administration have still not
taken meaningful steps to address affordability
concerns or heeded the Government Accountability
Office's recommendation to consider ``deferring the
start of or cancelling specific modernization
programs'', including the W87-1 warhead modification
program, to address increases in the weapons activities
budget requests of the National Nuclear Security
Administration.
(3) The ground-based strategic deterrent program is
expected to cost between $93,100,000,000 and
$95,800,000,000 which does not include the cost of the
W87-1 warhead modification program or the cost to
produce new plutonium pits for the warhead. The total
estimated life cycle cost of the ground based strategic
deterrent program is $264,000,000,000, and the program
is intended to replace 400 deployed Minuteman III
missiles with more than 600 new missiles, to allow for
test flights and spares.
(4) The Air Force awarded a sole-source contract to
Northrop Grumman for the engineering and manufacturing
component of the ground-based strategic deterrent
program in September 2020, raising concerns that the
absence of competition for the award may result in
higher than projected costs to United States taxpayers.
(5) The National Nuclear Security Administration is
also in the early stages of developing a replacement
intercontinental ballistic missile warhead, the W87-1,
and expanding plutonium pit production to build new
warhead cores, costing at least $12,000,000,000 and
$9,000,000,000, respectively, to meet the modernization
needs of the ground-based strategic deterrent program.
(6) Maintaining and updating the current Minuteman
III missiles is possible for multiple decades and,
according to the Congressional Budget Office, through
2036 this would cost $37,000,000,000 less in 2017
dollars than developing and deploying the ground-based
strategic deterrent program.
(7) On April 3, 2019, Lieutenant General Richard M.
Clark, then-Air Force Deputy Chief of Staff for
Strategic Deterrence and Nuclear Integration, noted in
testimony before the Committee on Armed Services of the
House of Representatives that we have ``one more
opportunity'' to conduct life extension on the
Minuteman III intercontinental ballistic missile,
indicating the technical feasibility of extending the
Minuteman III missile despite his stated preference for
the ground-based strategic deterrent.
(8) Even in the absence of an intercontinental
ballistic missile leg of the triad, the 2018 Nuclear
Posture Review signaled that the United States would
have an assured retaliatory capability in the form of
ballistic missile submarines, which are, ``at present,
virtually undetectable, and there are no known, near-
term credible threats to the survivability of the
[ballistic missile submarine] force'', a benefit that
will be enhanced as the Department of Defense moves to
replace the Ohio class ballistic submarine fleet with
the new Columbia class ballistic missile fleet.
(9) While intercontinental ballistic missiles had
historically been the most responsive leg of the United
States nuclear triad, advances in ballistic missile
submarine communications now provide immediate
dissemination of information during wartime.
(10) Intercontinental ballistic missiles cannot be
recalled, leaving decision-makers with mere minutes to
decide whether to launch the missiles before they are
destroyed, known as a posture of ``launch on warning''
or ``launch under attack'' in the face of a perceived
nuclear attack, greatly increasing the risk of a
national leader initiating a nuclear war by mistake.
(11) In 1983, Stanislav Petrov, a former lieutenant
colonel of the Soviet Air Defense Forces correctly
identified a false warning in an early warning system
that showed several United States incoming nuclear
missiles, preventing Soviet leaders from launching a
retaliatory response, earning Colonel Petrov the
nickname ``the man who saved the world''.
(12) Former Secretary of Defense William Perry, who
once briefed President Bill Clinton on a suspected
Russian first nuclear strike, wrote that the ground-
based leg of the nuclear triad is ``destabilizing
because it invites an attack'' and intercontinental
ballistic missiles are ``some of the most dangerous
weapons in the world'' and ``could even trigger an
accidental nuclear war''.
(13) General James Cartwright, former vice chair of
the Joint Chiefs of Staff and former Commander of the
United States Strategic Command, wrote, with Secretary
Perry, ``[T]he greatest danger is not a Russian bolt
but a US blunder--that we might accidentally stumble
into nuclear war. As we make decisions about which
weapons to buy, we should use this simple rule: If a
nuclear weapon increases the risk of accidental war and
is not needed to deter an intentional attack, we should
not build it. . . . Certain nuclear weapons, such
as...the [intercontinental ballistic missile], carry
higher risks of accidental war that, fortunately, we no
longer need to bear. We are safer without these
expensive weapons, and it would be foolish to replace
them.''.
(14) General George Lee Butler, the former Commander-
in-Chief of the Strategic Air Command and subsequently
Commander-in-Chief of the United States Strategic
Command, said, ``I would have removed land-based
missiles from our arsenal a long time ago. I'd be happy
to put that mission on the submarines. So, with a
significant fraction of bombers having a nuclear
weapons capability that can be restored to alert very
quickly, and with even a small component of Trident
submarines--with all those missiles and all those
warheads on patrol--it's hard to imagine we couldn't
get by.''.
(15) While a sudden ``bolt from the blue'' first
strike from a near-peer nuclear adversary is a highly
unlikely scenario, extending the Minuteman III would
maintain the purported role of the intercontinental
ballistic missile leg of the triad to absorb such an
attack.
SEC. 1662. STATEMENT OF POLICY ON SERVICE LIFE OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES AND PAUSE IN
DEVELOPMENT OF GROUND-BASED STRATEGIC DETERRENT
PROGRAM.
It is the policy of the United States that--
(1) the operational life of the Minuteman III
intercontinental ballistic missiles shall be safely
extended until at least 2040; and
(2) the research, development, testing, and
evaluation of the ground-based strategic deterrent
program shall be paused until 2031.
SEC. 1663. PROHIBITION ON USE OF FUNDS FOR GROUND BASED STRATEGIC
DETERRENT PROGRAM AND W87-1 WARHEAD MODIFICATION
PROGRAM.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
Department or Defense or the National Nuclear Security
Administration may be obligated or expended for the ground-
based strategic deterrent program (including with respect to
supporting infrastructure) or the W87-1 warhead modification
program.
SEC. 1664. LIFE EXTENSION OF MINUTEMAN III INTERCONTINENTAL BALLISTIC
MISSILES.
(a) Life Extension Program.--Beginning not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall commence efforts for a life extension program
of Minuteman III intercontinental ballistic missiles to extend
the life of such missiles to 2040.
(b) Elements of Program.--In carrying out the life extension
program under subsection (a), the Secretary shall ensure the
following:
(1) The program will incorporate new and necessary
technologies that could also be incorporated in the
future ground-based strategic deterrent program,
including with respect to technologies that--
(A) increase the resilience against adversary
missile defenses; and
(B) incorporate new nuclear command, control,
and communications systems.
(2) The program will use nondestructive testing
methods and technologies similar to the testing methods
used by the Navy for Trident II D5 submarine launched
ballistic missiles to reduce destructive testing.
----------
39. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION OF ENTITIES SUBMITTING UNFUNDED PRIORITIES LISTS.
(a) Reduction of Entities.--
(1) In general.--Section 222a of title 10, United
States Code, is amended--
(A) in subsection (b), by striking paragraphs
(5) through (7) and inserting the following new
paragraph (5):
``(5) The Commander of United States Special
Operations Command.'';
(B) in subsection (c), by striking paragraph
(3); and
(C) by amending the section heading to read
as follows:
``Sec. 222a. Annual report on unfunded priorities''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by
striking the item relating to section 222a and
inserting the following new item:
``222a. Annual report on unfunded priorities.''.
(b) Missile Defense Agency.--
(1) In general.--Chapter 9 of title 10, United States
Code, is amended by striking section 222b.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the
item relating to section 222b.
----------
40. An Amendment To Be Offered by Representative Pocan of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED FOR FISCAL
YEAR 2022 BY THIS ACT.
(a) In General.--The amount authorized to be appropriated for
fiscal year 2022 by this Act is the aggregate amount authorized
to be appropriated for fiscal year 2022 by this Act minus the
amount equal to 10 percent of the aggregate amount.
(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 by this Act
(other than the Defense Health Program, military personnel, and
persons appointed into the civil service as defined in section
2101 of title 5, United States Code), and shall be applied on a
pro rata basis across each program, project, and activity
funded by the account or fund concerned.
----------
41. An Amendment To Be Offered by Representative Lee of California or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title X the following new
section:
SEC. 1004. REDUCTION TO FUNDING AUTHORIZATIONS.
(a) Reduction.--Notwithstanding the amounts set forth in the
funding tables in division D, the amounts authorized to be
appropriated by this Act are hereby reduced by a total of
$23,955,510,000, to be derived from the amounts, and from the
corresponding accounts, as specified by amendment number 1463
offered by Mr. Rogers during the mark-up session of the
Committee on Armed Services of the House of Representatives on
September 1, 2021.
(b) Transfer of Amounts to Treasury.--Not later than
September 30, 2022, the Secretary of Defense shall transfer to
the general fund of the Treasury not less than a total of
$1,600,000,000 in amounts authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the
Department of Defense, to be derived from amounts authorized
for procurement or operation and maintenance, or a combination
thereof.
Strike section 1017.
Strike title XXIX.
----------
42. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of title LX 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 children 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 permanent residence.
(b) Aliens Described.--An alien is described in this
subsection if--
(1) the alien--
(A) is employed by a United States employer
and engaged in work to promote and protect the
National Security Innovation Base;
(B) is engaged in basic or applied research,
funded by the Department of Defense, through a
United States institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); or
(C) possesses scientific or technical
expertise that will advance the development of
critical technologies identified in the
National Defense Strategy or the National
Defense Science and Technology Strategy,
required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1679
); and
(2) the Secretary of Defense issues a written
statement to the Secretary of Homeland Security
confirming that the admission of the alien is essential
to advancing the research, development, testing, or
evaluation of critical technologies described in
paragraph (1)(C) or otherwise serves national security
interests.
(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 2022 through
2030; and
(B) 100 in fiscal year 2031 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 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 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 Secretary of Defense shall jointly submit
to the appropriate congressional committees 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 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
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on the Judiciary of the Senate.
(2) 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.
----------
43. An Amendment To Be Offered by Representative Spanberger of Virginia
or Her Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. CHINA FINANCIAL THREAT MITIGATION.
(a) Report.--The Secretary of the Treasury shall conduct a
study and issue a report that includes a description and
analysis of any risks to the financial stability of the United
States and the global economy emanating from the People's
Republic of China, along with any recommendations to the United
States representatives at the International Monetary Fund and
the Financial Stability Board to strengthen international
cooperation to monitor and mitigate such financial stability
risks through the work of the International Monetary Fund and
the Financial Stability Board.
(b) Transmission of Report.--The Secretary of the Treasury
shall transmit the report required under subsection (a) no
later than December 31, 2022, to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, the United
States Executive Director at the International Monetary Fund,
and any person representing the United States at the Financial
Stability Board.
(c) Publication of Report.--The Secretary of the Treasury
shall publish the report required under subsection (a) on the
website of the Department of the Treasury no later than
December 31, 2022.
----------
44. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
(a) Report on Financial Services Benefitting State Sponsors
of Terrorism, Human Rights Abusers, and Corrupt Officials.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Secretary of the Treasury shall issue a
report to the Committees on Financial Services and
Foreign Affairs of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate that includes--
(A) a copy of any license issued by the
Secretary in the preceding 180 days that
authorizes a financial institution to provide
financial services benefitting a state sponsor
of terrorism; and
(B) a list of any foreign financial
institutions that, in the preceding 180 days,
knowingly conducted a significant transaction
or transactions, directly or indirectly, for a
sanctioned person included on the Department of
the Treasury's Specially Designated Nationals
And Blocked Persons List who--
(i) is owned or controlled by, or
acts on behalf of, the government of a
state sponsor of terrorism; or
(ii) is designated pursuant to any of
the following:
(I) Section 404 of the Russia
and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky
Rule of Law Accountability Act
of 2012 (Public Law 112208).
(II) Subtitle F of title XII
of the National Defense
Authorization Act for Fiscal
Year 2017 (Public Law 114-328,
the Global Magnitsky Human
Rights Accountability Act).
(III) Executive Order No.
13818.
(2) Form of report.--The report required under
paragraph (1) shall be submitted in unclassified form
but may contain a classified annex.
(b) Waiver.--The Secretary of the Treasury may waive the
requirements of subsection (a) with respect to a foreign
financial institution described in paragraph (1)(B) of such
subsection--
(1) upon receiving credible assurances that the
foreign financial institution has ceased, or will
imminently cease, to knowingly conduct any significant
transaction or transactions, directly or indirectly,
for a person described in clause (i) or (ii) of such
subparagraph (B); or
(2) upon certifying to the Committees on Financial
Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate
that the waiver is important to the national interest
of the United States, with an explanation of the
reasons therefor.
(c) Definitions.--For purposes of this section:
(1) Financial institution.--The term ``financial
institution'' means a United States financial
institution or a foreign financial institution.
(2) Foreign financial institution.--The term
``foreign financial institution'' has the meaning given
that term under section 561.308 of title 31, Code of
Federal Regulations.
(3) Knowingly.--The term ``knowingly'' with respect
to conduct, a circumstance, or a result, means that a
person has actual knowledge, or should have known, of
the conduct, the circumstance, or the result.
(4) United states financial institution.--The term
``United States financial institution'' has the meaning
given the term ``U.S. financial institution'' under
section 561.309 of title 31, Code of Federal
Regulations.
(d) Sunset.--The reporting requirement under this section
shall terminate on the date that is the end of the 7-year
period beginning on the date of the enactment of this Act.
----------
45. An Amendment To Be Offered by Representative Adams of North
Carolina or Her Designee, Debatable for 10 Minutes
Page 389, line 12, insert ``status as a nursing mother,''
after ``pregnancy,''.
----------
46. An Amendment To Be Offered by Representative Adams of North
Carolina or Her Designee, Debatable for 10 Minutes
Page 61, line 2, by inserting ``, including physical
infrastructure,'' after ``capability''.
Page 61, line 7, insert ``(including historically black
colleges and universities)'' after ``institutions''.
Page 61, after line 12, insert the following new paragraph
and redesignate the succeeding paragraph accordingly:
(3) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with the following:
(A) The Secretary of Education.
(B) The Secretary of Agriculture.
(C) The Secretary of Energy.
(D) The Administrator of the National Aeronautics and Space
Administration.
(E) The National Science Foundation.
(F) Such other organizations as the Secretary considers
appropriate.
Page 62, line 5, insert ``Historically Black Colleges and
Universities and'' before ``Minority Institutions''.
Page 63, line 1, insert ``, including physical
infrastructure,'' after ``capabilities''.
Page 65, after line 4, insert the following new paragraph and
redesignate the succeeding paragraphs accordingly:
(3) The term ``historically black college or
university'' means 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))).
Page 65, strike lines 6 through 8 and insert the following:
(A) a historically black college or
university; or
----------
47. An Amendment To Be Offered by Representative Arrington of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title I, add the following new
section:
SEC.__. BRIEFING ON MILITARY TYPE CERTIFICATIONS FOR AIRCRAFT.
(a) Briefing Required.--Not later than April 30,
2022, the Secretary of the Air Force, or the
Secretary's designee, shall provide to the
congressional defense committees a briefing on the
process for evaluating and granting military type
certifications for aircraft.
(b) Elements.--The briefing under subsection (a) shall
include a detailed overview of the process for granting
military type certifications for aircraft, including the
following:
(1) The evaluation criteria used for determining the
suitability of an aircraft to receive a military type
certification, including the threshold requirements for
obtaining such a certification.
(2) Whether commercially available data is used as
part of the evaluation process, and if commercially
available data is not used, an explanation of the
reasons such data is not used.
(3) The list of aircraft granted military type
certifications over the past 10 years.
(4) The national security implications taken into
account when determining the suitability of an aircraft
for a military type certification.
(c) Form.--The briefing under subsection (a) shall be
submitted in unclassified format but may include a classified
annex.
(d) Submittal of Materials.--The Secretary of the Air Force
shall deliver any materials relevant to the briefing to the
congressional defense committees before the date of the
briefing.
----------
48. An Amendment To Be Offered by Representative Arrington of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII, add the following:
SEC. 1304. REPORT RELATING TO NORDSTREAM 2 PIPELINE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretaries of Defense and State
shall jointly submit to the appropriate congressional
committees a report that includes--
(1) a descriptions of the hard currency and other
financial benefits the Russian Federation will obtain
through the operation of the Nordstream 2 Pipeline; and
(2) an analysis of the security risks of a completed
pipeline to Ukraine, our European allies and partners,
and the NATO alliance.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex. It shall also be publicly available on a website
operated by the Federal government.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate;
and
(4) the Committee on Foreign Affairs of the House of
Representatives.
----------
49. An Amendment To Be Offered by Representative Auchincloss of
Massachusetts or His Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING
CONCERN OF AFGHAN ILLICIT FINANCE.
(a) Determination.--If the Secretary of the Treasury
determines that reasonable grounds exist for concluding that
one or more financial institutions operating outside of the
United States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States, or 1 or
more types of accounts within, or involving, a jurisdiction
outside of the United States is of primary money laundering
concern in connection with Afghan illicit finance, the
Secretary of the Treasury may, by order, regulation, or
otherwise as permitted by law--
(1) require domestic financial institutions and
domestic financial agencies to take 1 or more of the
special measures described in section 5318A(b) of title
31, United States Code; or
(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary)
involving any domestic financial institution or
domestic financial agency, if such transmittal of funds
involves any such institution, class of transaction, or
type of account.
(b) Report Required.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary of the Treasury
shall submit to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and
the Committees on Banking, Housing, and Urban Affairs
and Foreign Relations of the Senate a report that shall
identify any additional regulations, statutory changes,
enhanced due diligence, and reporting requirements that
are necessary to better identify, prevent, and combat
money laundering linked to Afghanistan, including
related to--
(A) identifying the beneficial ownership of
anonymous companies;
(B) strengthening current, or enacting new,
reporting requirements and customer due
diligence requirements for sectors and entities
that support illicit financial activity related
to Afghanistan; and
(C) enhanced know-your-customer procedures
and screening for transactions involving Afghan
political leaders, Afghan state-owned or -
controlled enterprises, and known Afghan
transnational organized crime figures.
(2) Format.--The report required under this
subsection shall be made available to the public,
including on the website of the Department of the
Treasury, but may contain a classified annex and be
accompanied by a classified briefing.
(c) Sense of Congress on International Cooperation.--It is
the sense of the Congress that the Secretary of the Treasury
and other relevant cabinet members (such as the Secretary of
State, Secretary of Homeland Security, and Attorney General)
should work jointly with European, E.U., and U.K. financial
intelligence units, trade transparency units, and appropriate
law enforcement authorities to present, both in the report
required under subsection (b) and in future analysis of
suspicious transaction reports, cash transaction reports,
currency and monetary instrument reports, and other relevant
data to identify trends and assess risks in the movement of
illicit funds from Afghanistan through the United States,
British, and European financial systems.
(d) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering concern,
or of the requirement for 1 or more special measures with
respect to a primary money laundering concern made under this
section, if the designation or imposition, or both, were based
on classified information (as defined in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.), such
information may be submitted by the Secretary to the reviewing
court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or
any requirement imposed under this section.
(e) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section 5319
of title 31, United States Code, shall apply to any report or
record of report filed pursuant to a requirement imposed under
subsection (a) of this section. For purposes of section 552 of
title 5, United States Code, this subsection shall be
considered a statute described in subsection (b)(3)(B) of that
section.
(f) Penalties.--The penalties provided for in sections 5321
and 5322 of title 31, United States Code, that apply to
violations of special measures imposed under section 5318A of
title 31,United States Code, shall apply to violations of any
order, regulation, special measure, or other requirement
imposed under subsection (a) of this section, in the same
manner and to the same extent as described in sections 5321 and
5322.
(g) Injunctions.--The Secretary of the Treasury may bring a
civil action to enjoin a violation of any order, regulation,
special measure, or other requirement imposed under subsection
(a) of this section in the same manner and to the same extent
as described in section 5320 of title 31, United States Code.
----------
50. An Amendment To Be Offered by Representative Auchincloss of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 868, after line 10, insert the following (and
redesignate the subsequent subsections accordingly):
(e) Obtaining Official Data.--
(1) In general.--The Commission may secure directly
from any Federal department or agency information,
including, consistent with the obligation to protect
intelligence sources and methods, information in the
possession of the intelligence community, that is
necessary to enable it to carry out its purposes and
functions under this section. Upon request of the chair
of the Commission, the chair of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission, the head of
such department or agency shall furnish such
information to the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored,
and disseminated by members of the Commission and its
staff consistent with all applicable statutes,
regulations, and Executive orders.
----------
51. An Amendment To Be Offered by Representative Baird of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2 ____. FUNDING FOR HYPERSONICS ADVANCED MANUFACTURING.
(a) In General.--Of the funds authorized to be
appropriated by section 201 for research, development, test,
and evaluation, Defense-wide, as specified in the corresponding
funding table in section 4201, for advanced technology
development for the Defense-wide manufacturing science and
technology program, line 050 (PE0603680D8Z), $15,000,000 is
authorized to be used in support of hypersonics advanced
manufacturing.
(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,
Space Force, as specified in the corresponding funding table in
section 4301, for contractor logistics and system support, line
080, is hereby reduced by $15,000,000.
----------
52. An Amendment To Be Offered by Representative Banks of Indiana or
His Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. ____. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO MEMBERS OF
BOARD OF VISITORS OF MILITARY ACADEMIES WHOSE TERMS
HAVE EXPIRED.
(a) United States Military Academy.--Section 7455(b) of title
10, United States Code, is amended by striking ``is appointed''
and inserting ``is appointed by the President''.
(b) United States Naval Academy.--Section 8468(b) of title
10, United States Code, is amended by striking ``is appointed''
and inserting ``is appointed by the President''.
(c) United States Air Force Academy.--Section 9455(b)(1) of
title 10, United States Code, is amended by striking ``is
designated'' and inserting ``is designated by the President''.
(d) United States Coast Guard Academy.--Section 1903(b)(2)(B)
of title 14, United States Code, is amended by striking ``is
appointed'' and inserting ``is appointed by the President''.
----------
53. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XII of division A the
following:
SEC. 12__. REPORT ON INTELLIGENCE MATTERS REGARDING TAIWAN.
(a) In General.--Consistent with section 3(c) of the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), and
consistent with the protection of intelligence sources and
methods, not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of Defense, shall submit to
the congressional defense committees, the Permanent Select
Committee on Intelligence and the Committee on Foreign Affairs
of the House of Representatives, and the Select Committee on
Intelligence and the Committee on Foreign Relations of the
Senate a report on any--
(1) influence operations conducted by China to
interfere in or undermine peace and stability of the
Taiwan Strait and the Indo-Pacific region; and
(2) efforts by the United States to work with Taiwan
to disrupt such operations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of any significant efforts by the
intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))) to coordinate technical and material
support for Taiwan to identify, disrupt, and combat
influence operations referred to in subsection (a)(1).
(2) A description of any efforts by the United States
Government to build the capacity of Taiwan to disrupt
external efforts that degrade its free and democratic
society.
(3) An assessment to achieve measurable progress in
enhancing the intelligence community's cooperation with
Taiwan, including through--
(A) development of strategies to engage
Taiwan in the discussions of United States-
leading intelligence forums or dialogues;
(B) an evaluation of the feasibility of
cooperating with Taiwan in the Mandarin
language education and training for the United
States' intelligence community through the
Foreign Language Incentive Program and programs
under the Intelligence Language Institute; and
(C) implementing steps to increase exchanges
and mutual visits between the intelligence
communities of the United States and Taiwan at
all levels in accordance with the Taiwan Travel
Act (Public Law 115-135)
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
----------
54. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS.
(a) Pilot Program.--The Secretary of Defense, acting through
the Defense Health Agency, shall carry out a pilot program to
determine the prevalence of sleep apnea among members of the
Armed Forces assigned to initial training.
(b) Participation.--
(1) Members.--The Secretary shall ensure that the
number of members who participate in the pilot program
under subsection (a) is sufficient to collect
statistically significant data for each military
department.
(2) Special rule.--The Secretary may not disqualify a
member from service in the Armed Forces by reason of
the member being diagnosed with sleep apnea pursuant to
the pilot program under subsection (a).
----------
55. An Amendment To Be Offered by Representative Barragan of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, add the following new
section:
SEC. __. NATIONAL MUSEUM OF THE SURFACE NAVY.
(a) Findings.--Congress makes the following findings:
(1) The United States Surface Navy represents the
millions of sailors and thousands of ships that sail on
oceans around the world to ensure the safety and
freedom of Americans and all people.
(2) The Battleship IOWA is an iconic Surface Navy
vessel that--
(A) served as home to hundreds of thousands
of sailors from all 50 States; and
(B) is recognized as a transformational feat
of engineering and innovation.
(3) In 2012, the Navy donated the Battleship IOWA to
the Pacific Battleship Center, a nonprofit organization
pursuant to section 501(c)(3) of the Internal Revenue
Code of 1986, after which the Center established the
Battleship IOWA Museum at the Port of Los Angeles in
Los Angeles, California.
(4) The Battleship IOWA Museum is a museum and
educational institution that--
(A) has welcomed millions of visitors from
across the United States and receives support
from thousands of Americans throughout the
United States to preserve the legacy of those
who served on the Battleship IOWA and all
Surface Navy ships;
(B) is home to Los Angeles Fleet Week, which
has the highest public engagement of any Fleet
Week in the United States and raises awareness
of the importance of the Navy to defending the
United States, maintaining safe sea lanes, and
providing humanitarian assistance;
(C) hosts numerous military activities,
including enlistments, re-enlistments,
commissionings, promotions, and community
service days, with participants from throughout
the United States;
(D) is a leader in museum engagement with
innovative exhibits, diverse programming, and
use of technology;
(E) is an on-site training platform for
Federal, State, and local law enforcement
personnel to use for a variety of training
exercises, including urban search and rescue
and maritime security exercises;
(F) is a partner with the Navy in carrying
out Defense Support of Civil Authorities
efforts by supporting training exercises and
responses to crises, including the COVID-19
pandemic;
(G) is a science, technology, engineering,
and mathematics education platform for
thousands of students each year;
(H) is an instrumental partner in the
economic development efforts along the Los
Angeles waterfront by attracting hundreds of
thousands of visitors annually and improving
the quality of life for area residents; and
(I) provides a safe place for--
(i) veteran engagement and
reintegration into the community
through programs and activities that
provide a sense of belonging to members
of the Armed Forces and veterans; and
(ii) proud Americans to come together
in common purpose to highlight the
importance of service to community for
the future of the United States.
(5) In January 2019, the Pacific Battleship Center
received a license for the rights of the National
Museum of the Surface Navy from the Navy for the
purpose of building such museum aboard the Battleship
IOWA at the Port of Los Angeles.
(6) The National Museum of the Surface Navy will--
(A) be the official museum to honor millions
of Americans who have proudly served and
continue to serve in the Surface Navy since the
founding of the Navy on October 13, 1775;
(B) be a community-based and future-oriented
museum that will raise awareness and educate
the public on the important role of the Surface
Navy in ensuring international relations,
maintaining safe sea transit for free trade,
preventing piracy, providing humanitarian
assistance, and enhancing the role of the
United States throughout the world;
(C) build on successes of the Battleship IOWA
Museum by introducing new exhibits and programs
with a focus on education, veterans, and
community;
(D) borrow and exhibit artifacts from the
Navy and other museums and individuals
throughout the United States; and
(E) work with individuals from the Surface
Navy community and the public to ensure that
the story of the Surface Navy community is
accurately interpreted and represented.
(b) Designation.--
(1) In general.--The Battleship IOWA Museum, located
in Los Angeles, California, and managed by the Pacific
Battleship Center, shall be designated as the
``National Museum of the Surface Navy''.
(2) Purposes.--The purposes of the National Museum of
the Surface Navy shall be to--
(A) provide and support--
(i) a museum dedicated to the United
States Surface Navy community; and
(ii) a platform for education,
community, and veterans programs;
(B) preserve, maintain, and interpret
artifacts, documents, images, stories, and
history collected by the museum; and
(C) ensure that the American people
understand the importance of the Surface Navy
in the continued freedom, safety, and security
of the United States.
----------
56. An Amendment To Be Offered by Representative Barragan of California
or Her Designee, Debatable for 10 Minutes
Page 429, after line 7, insert the following:
SEC. 559I. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION.
(a) Upon Enlistment.--Every military recruiter or officer
overseeing an enlistment shall provide to every recruit proper
notice of that recruit's options for naturalization under title
III of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.), and shall inform the recruit of existing programs or
services that may aid in the recruit's naturalization process,
including directing the recruit to the Judge Advocate General
or other designated point-of-contact for naturalization.
(b) Upon Discharge.--The Secretary of Homeland Security,
acting through the Director of U.S. Citizenship and Immigration
Services, and in coordination with the Secretary of Defense,
shall provide to every former member of the Armed Forces, upon
separation from the Armed Forces, an adequate notice of that
former member's options for naturalization under title III of
the Immigration and Nationality Act (8 U.S.C. 1401 et seq.),
and shall inform the former member of existing programs and
services that may aid in the naturalization process. The
Secretary shall issue along with this notice a copy of each
form required for naturalization. When appropriate, the
Secretary of Defense shall provide the former member, at no
expense to the former member, with the certification described
in section 329(b)(3) of such Act (8 U.S.C. 1440(b)(3)).
----------
57. An Amendment To Be Offered by Representative Beatty of Ohio or Her
Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF SURVIVORS
OF TRAFFICKING AND INDIVIDUALS AT RISK FOR
TRAFFICKING.
(a) Definitions.--In this section:
(1) Survivor of a severe form of trafficking.--The
term ``survivor of a severe form of trafficking'' has
the meaning given the term ``victim of a severe form of
trafficking'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(2) Survivor of trafficking.--The term ``survivor of
trafficking'' has the meaning given the term ``victim
of trafficking'' in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
(b) Study.--
(1) In general.--The United States Interagency
Council on Homelessness shall conduct a study assessing
the availability and accessibility of housing and
services for individuals experiencing homelessness or
housing instability who are--
(A) survivors of trafficking, including
survivors of severe forms of trafficking; or
(B) at risk of being trafficked.
(2) Coordination and consultation.--In conducting the
study required under paragraph (1), the United States
Interagency Council on Homelessness shall--
(A) coordinate with--
(i) the Interagency Task Force to
Monitor and Combat Trafficking
established under section 105 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103);
(ii) the United States Advisory
Council on Human Trafficking;
(iii) the Secretary of Housing and
Urban Development;
(iv) the Secretary of Health and
Human Services; and
(v) the Attorney General; and
(B) consult with--
(i) the National Advisory Committee
on the Sex Trafficking of Children and
Youth in the United States;
(ii) survivors of trafficking;
(iii) direct service providers,
including--
(I) organizations serving
runaway and homeless youth;
(II) organizations serving
survivors of trafficking
through community-based
programs; and
(III) organizations providing
housing services to survivors
of trafficking; and
(iv) housing and homelessness
assistance providers, including
recipients of grants under--
(I) 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.); and
(II) the Emergency Solutions
Grants Program authorized under
subtitle B of title IV of the
McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371
et seq.).
(3) Contents.--The study conducted under paragraph
(1) shall include--
(A) with respect to the individuals described
in that paragraph--
(i) an evaluation of formal
assessments and outreach methods used
to identify and assess the housing and
service needs of those individuals,
including outreach methods to--
(I) ensure effective
communication with individuals
with disabilities; and
(II) reach individuals with
limited English proficiency;
(ii) a review of the availability and
accessibility of homelessness or
housing services for those individuals,
including the family members of those
individuals who are minors involved in
foster care systems, that identifies
the disability-related needs of those
individuals, including the need for
housing with accessibility features;
(iii) the effect of any policies and
procedures of mainstream homelessness
or housing services that facilitate or
limit the availability of those
services and accessibility for those
individuals, including those
individuals who are involved in the
legal system, as those services are in
effect as of the date on which the
study is conducted;
(iv) an identification of best
practices in meeting the housing and
service needs of those individuals; and
(v) an assessment of barriers to fair
housing and housing discrimination
against survivors of trafficking who
are members of a protected class under
the Fair Housing Act (42 U.S.C. 3601 et
seq.);
(B) an assessment of the ability of
mainstream homelessness or housing services to
meet the specialized needs of survivors of
trafficking, including trauma responsive
approaches specific to labor and sex
trafficking survivors; and
(C) an evaluation of the effectiveness of,
and infrastructure considerations for, housing
and service-delivery models that are specific
to survivors of trafficking, including
survivors of severe forms of trafficking,
including emergency rental assistance models.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the United States Interagency Council on
Homelessness shall--
(1) 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 containing the information described in
subparagraphs (A) through (C) of subsection (b)(3); and
(2) make the report submitted under paragraph (1)
publicly available.
----------
58. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. ___. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN THE
COALITION FOR EPIDEMIC PREPAREDNESS INNOVATIONS.
(a) In General.--The United States is hereby authorized to
participate in the Coalition for Epidemic Preparedness
Innovations (``Coalition'').
(b) Designation.--The President is authorized to designate an
employee of the relevant Federal department or agency providing
the majority of United States contributions to the Coalition,
who should demonstrate knowledge and experience in the fields
of development and public health, epidemiology, or medicine, to
serve--
(1) on the Investors Council of the Coalition; and
(2) if nominated by the President, on the Board of
Directors of the Coalition, as a representative of the
United States.
(c) Reports to Congress.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a report that
includes the following:
(1) The United States planned contributions to the
Coalition and the mechanisms for United States
participation in such Coalition.
(2) The manner and extent to which the United States
shall participate in the governance of the Coalition.
(3) How participation in the Coalition supports
relevant United States Government strategies and
programs in health security and biodefense, including--
(A) the Global Health Security Strategy
required by section 7058(c)(3) of division K of
the Consolidated Appropriations Act, 2018
(Public Law 115-141);
(B) the applicable revision of the National
Biodefense Strategy required by section 1086 of
the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 104); and
(C) any other relevant decision-making
process for policy, planning, and spending in
global health security, biodefense, or vaccine
and medical countermeasures research and
development.
(d) United States Contributions.--Amounts authorized to be
appropriated under chapters 1 and 10 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) are authorized to be made available for United States
contributions to the Coalition.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
----------
59. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. ___. SUPPORTING TAIWAN'S INVESTMENT IN ASYMMETRIC CAPABILITIES.
(a) In General.--No later than 180 days following enactment
of this Act, the Secretary of Defense, in consultation with the
Secretary of State, shall submit to the appropriate
congressional committees a report on options to support
Taiwan's defense budgeting and procurement process in a manner
that facilitates sustained investment in capabilities aligned
with Taiwan's asymmetric defense strategy. The report shall
include the following:
(1) A review of technical advisory options for
enhancing defense budgeting across Taiwan's military
services in Taiwan that is aligned with Taiwan's
asymmetric defense strategy.
(2) An evaluation of any administrative,
institutional, or personnel barriers in the United
States or Taiwan to implementing the options provided
in paragraph (1).
(3) An evaluation of the most appropriate entities
within the Department of Defense to lead the options
provided in paragraph (1).
(4) An evaluation of the appropriate entities in
Taiwan's Ministry of National Defense and its National
Security Council to participate in options provided in
paragraph (1).
(5) A description of additional personnel, resources,
and authorities in Taiwan or in the United States that
may be required to execute the options provided in
paragraph (1).
(b) Form of Report.--The report required by subsection (a)
shall be classified, but it may include an unclassified
summary, if the Secretary of Defense determines it appropriate.
----------
60. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XII the following:
SEC. 12___. JOINT REPORT ON USING THE SYNCHRONIZED PREDEPLOYMENT AND
OPERATIONAL TRACKER (SPOT) DATABASE TO VERIFY
AFGHAN SIV APPLICANT INFORMATION.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Sate shall submit to appropriate congressional
committees a joint report on the use of the Department of
Defense Synchronized Predeployment and Operational Tracker
database (in this section referred to as the ``SPOT database'')
to verify the existence of Department of Defense contracts and
Afghan biographic data for Afghan special immigrant visa
applicants.
(b) Elements of Joint Report.--The joint report required
under subsection (a) shall--
(1) evaluate the improvements in the special
immigrant visa process following the use of the SPOT
database to verify special immigrant visa applications,
including the extent to which use of SPOT expedited
special immigrant visa processing, reduced the risk of
fraudulent documents, and the extent to which the SPOT
database could be used for future special immigrant
visa programs;
(2) identify obstacles that persisted in documenting
the identity and employment of locally employed staff
and contractors after the use of the SPOT database in
the special immigrant visa process; and
(3) recommend best practices from the SPOT database
that could be used to implement a centralized
interagency database of information related to
personnel conducting work on executive agency
contracts, grants, or cooperative agreements that can
be used to adjudicate special immigrant visas.
(c) Consultation.--For the purposes of preparing the joint
report required under this section, the Secretary of Defense
and the Secretary of State shall consult with the Administrator
of the United States Agency for International Development and
the Secretary of Homeland Security.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committees on Armed Services of the Senate and House
of Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives.
----------
61. An Amendment To Be Offered by Representative Biggs of Arizona or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XII of division A the
following:
SEC. 13__. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a
region often marred by turmoil;
(3) it is essential to the strategic interest of the
United States to continue to offer full security
assistance and related support to Israel; and
(4) such assistance and support is especially vital
as Israel confronts a number of potential challenges at
the present time, including continuing threats from
Iran.
----------
62. An Amendment To Be Offered by Representative Bilirakis of Florida
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. SENSE OF CONGRESS ON ROLE OF HUMAN RIGHTS IN REDUCING VIOLENCE
IN NIGERIA.
It is the sense of Congress as follows:
(1) Violence committed by Boko Haram, Islamic State
in West Africa Province, and other violent extremist
groups is a grave danger to the Nigerian people, to the
broader Lake Chad Basin region, and to the continent.
(2) Frequent terrorist attacks on individuals,
churches, and communities in Nigeria based on religious
identity, ethnicity, or other affiliation is a serious
violation of human rights.
(3) The United States Government should cooperate
with Nigeria to better support the Nigerian security
forces capacity to respond more effectively to
terrorist attacks and sectarian violence.
----------
63. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXXI, add the following new
section:
SEC. 31__. DEPARTMENT OF ENERGY STUDY ON THE W80-4 NUCLEAR WARHEAD LIFE
EXTENSION PROGRAM.
(a) Department of Energy Study.--Not later than 30 days after
the date of the enactment of this Act, the Director for Cost
Estimation and Program Evaluation shall conduct a study on the
W80-4 nuclear warhead life extension program.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An explanation of the unexpected increase in cost
of the W80-4 nuclear warhead life extension program.
(2) An analysis of--
(A) the future costs of the program; and
(B) schedule requirements.
(3) An analysis of the impacts on other programs as a
result of the additional funding for W80-4, including--
(A) life-extension programs;
(B) infrastructure programs; and
(C) research, development, test, and
evaluation programs.
(4) An analysis of the impacts that a delay of the
program will have on other programs due to--
(A) technical or management challenges; and
(B) changes in requirements for the program.
(c) Submission to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Director shall
submit to the congressional defense committees the study under
subsection (a), without change.
(d) Form.--The study under subsection (a) shall be in
unclassified form, but may include a classified annex.
----------
64. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on active Superfund facilities
where a hazardous substance originated from Department of
Defense activities occurring between the beginning of World War
I and the end of the Korean War. Such report shall include a
description of such Superfund facilities as well as any
actions, planned actions, communication with communities, and
cooperation with relevant agencies, including the Environmental
Protection Agency, carried out or planned to be carried out by
the Department of Defense.
(b) Superfund Facility.--In this section, the term
``Superfund facility'' means a facility included on the
National Priorities List pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605).
----------
65. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE,
DELAWARE, HOME TO THE 436TH AIRLIFT WING, THE 512TH
AIRLIFT WING, AND THE CHARLES C. CARSON CENTER FOR
MORTUARY AFFAIRS.
(a) Findings.--Congress finds the following:
(1) The Dover Air Force Base is home to more than
4,000 active-duty military and civilian employees
tasked with defending the United States of America.
(2) The Dover Air Force Base supports the mission of
the th Airlift Wing, known as ``Eagle Wing'' and the
512th Airlift Wing, known as ``Liberty Wing''.
(3) The ``Eagle Wing'' serves as a unit of the
Eighteenth Air Force headquartered with the Air
Mobility Command at Scott Air Force Base in Illinois.
(4)
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world, provides a quarter of the United
States' strategic airlift capability, and boasts a
global reach to over 100 countries around the world.
(5) The Dover Air Force Base hosts incredible
aircrews and aircraft utilized by the United States Air
Force, including the C-5M Super Galaxy and C-17A
Globemaster III aircraft.
(6) The recent Afghanistan airlift is testament to
the dedication and readiness of the Dover Air Force
Base aircrews and their aircraft.
(7) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of
Defense, fulfilling an important role in our Nation's
military.
(8) The Air Mobility Command Museum is located on the
Dover Air Force base and welcomes thousands of visitors
each year to learn more about the United States Air
Force.
(9) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring
dignity, honor, and respect to the fallen and care
service and support to their families.
(10) The recent events in Afghanistan brought to the
fore of public awareness the work of the service
members and staff of the Center for Mortuary Affairs.
(11) While the recent tragedy that befell our heroes
in Afghanistan was the most recent dignified transfer,
it is important to not forget that the Center for
Mortuary Affairs has conducted over 8,150 dignified
transfers since September 11, 2001.
(12) This sacred mission has been entrusted to Dover
Air Force Base since 1955 and the Center is currently
the only Department of Defense mortuary in the
continental United States.
(13) Service members who serve at the Center for
Mortuary Affairs are often so moved by their work that
they voluntarily elect to serve multiple tours because
they feel called to serve our fallen heroes.
(b) Sense of Congress.--It is the sense of the Congress that
the people of the United States should--
(1) honor and express sincerest gratitude to the
women and men of the Dover Air Force Base for their
distinguished service;
(2) acknowledge the incredible sacrifice and service
of the families of active-duty members of the United
States military;
(3) keep in their thoughts and their prayers the
women and men of the United States Armed Forces; and
(4) recognize the incredibly unique and important
work of the Air Force Mortuary Affairs Operations and
the role they play in honoring our fallen heroes.
----------
66. An Amendment To Be Offered by Representative Bourdeaux of Georgia
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. REPORT ON IMPROVEMENTS TO PROCUREMENT TECHNICAL ASSISTANCE
PROGRAMS.
Not later than March 1, 2022, the Secretary of Defense, in
consultation with the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the congressional
defense committees a report on the status of the implementation
of the following three recommendations set forth in the report
of the Government Accountability Office titled ``Procurement
Technical Assistance Program: Opportunities Exist for DOD to
Enhance Training and Collaboration'' (GAO-21-287), dated March
31, 2021, to improve procurement technical assistance programs
established under chapter 142 of title 10, United States Code:
(1) The Under Secretary of Defense for Acquisition
and Sustainment should require procurement technical
assistance centers to use the template developed by the
Defense Logistics Agency to help track fulfillment of
training requirements.
(2) The Under Secretary of Defense for Acquisition
and Sustainment should reach an agreement with the
Association of procurement technical assistance centers
to provide the Defense Logistics Agency with the
aggregate results of proficiency tests administered to
measure the effectiveness of procurement technical
assistance centers counselor training.
(3) The Under Secretary of Defense for Acquisition
and Sustainment should work with Administrator of the
Small Business Administration to formalize a
collaborative agreement for procurement technical
assistance centers and small business development
centers (as defined under section 3 of the Small
Business Act (15 U.S.C. 632)) in relation to providing
client services on government contracting.
----------
67. An Amendment To Be Offered by Representative Boyle of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, add the following new
section:
SEC. 3__. REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES WITH
RESPECT TO PREVENTION AND MITIGATION OF SPILLS OF
AQUEOUS FILM-FORMING FOAM.
(a) Review Required.--Not later than 180 days of after the
date of the enactment of this Act, the Secretary of Defense
shall complete a review of mutual support agreements entered
into with non-Department of Defense entities (including State
and local entities) that involve fire suppression activities in
support of missions of the Department.
(b) Matters.--The review under subsection (a) shall assess,
with respect to the agreements specified in such subsection,
the following:
(1) The preventative maintenance guidelines specified
in such agreements for fire trucks and fire suppression
systems, to mitigate the risk of equipment failure that
may result in a spill of aqueous film-forming foam (in
this section referred to as ``AFFF'').
(2) Any requirements specified in such agreements for
the use of personal protective equipment by personnel
when conducting a material transfer or maintenance
activity pursuant to the agreement that may result in a
spill of AFFF, or when conducting remediation
activities for such a spill, including requirements for
side-shield safety glasses, latex gloves, and
respiratory protection equipment.
(3) The methods by which the Secretary, or the non-
Department entity with which the Secretary has entered
into the agreement, ensures compliance with guidance
specified in the agreement with respect to the use of
such personal protective equipment.
(c) Guidance.--Not later than 90 days after the date on which
the Secretary completes the review under subsection (a), the
Secretary shall issue guidance (based on the results of such
review) on requirements to include under the agreements
specified in such subsection, to ensure the prevention and
mitigation of spills of AFFF. Such guidance shall include, at a
minimum, best practices and recommended requirements to ensure
the following:
(1) The supervision by personnel trained in
responding to spills of AFFF of each material transfer
or maintenance activity carried out pursuant to such an
agreement that may result in such a spill.
(2) The use of containment berms and the covering of
storm drains and catch basins by personnel performing
maintenance activities pursuant to such an agreement in
the vicinity of such drains or basins.
(3) The storage of materials for the cleanup and
containment of AFFF in close proximity to fire
suppression systems in buildings of the Department and
the presence of such materials during any transfer or
activity specified in paragraph (1).
(d) Briefing.--Not later than 30 days after the date on which
the Secretary issues the guidance under subsection (c), the
Secretary shall provide to the congressional defense committees
a briefing that summarizes the results of the review conducted
under subsection (a) and the guidance issued under subsection
(c).
----------
68. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. __. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF
PAYROLL COSTS UNDER HIGHWAY AND PUBLIC
TRANSPORTATION PROJECT COST REIMBURSEMENT
CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title
48, Code of Federal Regulations (or successor regulations), for
the purposes of any cost-reimbursement contract for
architectural and engineering contracts initially awarded in
accordance with section 112 of title 23, United States Code, or
section 5325(b) of title 49, United States Code, or any
subcontract under such a contract, no cost reduction or cash
refund shall be due to the Department of Transportation or to a
State transportation department, transit agency, or other
recipient of assistance under chapter 1 of title 23, United
States Code, or chapter 53 of title 49, United States Code, on
the basis of forgiveness of the payroll costs of a covered
loan, as defined in section 7A of the Small Business Act (15
U.S.C. 636m), pursuant to the provisions of such section.
(b) Sunset.--This section shall expire on June 30, 2025.
----------
69. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. REPORT ON COMMERCIAL ITEM DETERMINATIONS.
(a) In General.--Not later than 180 days after enactment of
this Act, the Undersecretary for Acquisitions and Sustainment
shall submit to the congressional defense committees a report
on commercial item determinations containing the following:
(1) An accounting of the training available for the
acquisition workforce related to commercial item
determinations and price reasonableness determinations
under Federal Acquisition Regulations Part 12,
including a description of the training, duration,
periodicity, whether the training is optional or
mandatory, and the date on which the training materials
were last substantially revised.
(2) An assessment of the currency of the acquisition
workforce in the training described in paragraph (2).
(b) Publication.--The Undersecretary for Acquisitions and
Sustainment shall publish on an appropriate publicly available
website of the Department of Defense the report required by
subsection (a).
----------
70. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. INTERGOVERNMENTAL SUPPORT AGREEMENTS FOR INSTALLATION-
SUPPORT SERVICES.
Section 2679(a)(3) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``and the installation-support services to be
provided are not included on the procurement list of section
8503 of title 41''.
----------
71. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. REPORT ON DEMOGRAPHICS OF MILITARY POLICE AND SECURITY FORCES
CITATIONS.
(a) In General.--Not later than March 1 of each year, the
Secretary of Defense, in coordination with each Secretary of a
military department, shall submit to the congressional defense
committees a report on the demographics of citations issued by
the military police and other security forces of each Armed
Force.
(b) Elements.--The report required by subsection (a) shall
include each of the following elements:
(1) The number of security citations issued in each
Armed Force in the preceding fiscal year, disaggregated
by--
(A) the offense for which the citation was
issued;
(B) the race, gender, and ethnicity of the
individual who was issued the citation; and
(C) the race, gender, and ethnicity of the
individual who issued the citation.
(2) An assessment of any disparities in race, gender,
and ethnicity in citations issued to individuals in the
preceding fiscal year.
(3) An assessment of any disparities in race, gender,
and ethnicity in citations issued by individuals in the
preceding fiscal year, including consideration of the
race, gender, and ethnicity of the individual to whom
the citation was issued.
(4) An assessment of any trends in disparities in
race, gender, and ethnicity in citations over the
preceding ten fiscal years.
(5) Actions taken in the preceding fiscal by the
Secretary of Defense and each Secretary of a military
department to address any disparities in race, gender,
or ethnicity in citations issued to individuals.
(6) A plan to reduce any disparities in race, gender,
or ethnicity in citations issued to individuals during
the fiscal year in which the report is submitted.
(c) Publication.--The Secretary of Defense shall--
(1) publish on an appropriate publicly available
website of the Department of Defense the reports
required by subsection (a); and
(2) ensure that any data included with each such
report is made available in a machine-readable format
that is downloadable, searchable, and sortable.
(d) Termination.--The requirement under this section shall
terminate on December 31, 2026.
----------
72. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF UNIFORMS
TO MEMBERS OF THE ARMED FORCES.
(a) Implementation of GAO Recommendations.--Not later than
September 30, 2022, the Secretary of Defense shall implement
the four recommendations of the Government Accountability
Office in the report titled ``Military Service Uniforms DOD
Could Better Identify and Address Out-of-Pocket Cost
Inequities'' (GAO-21-120).
(b) Regulations.--Not later than September 30, 2022, each
Secretary concerned (as that term is defined in section 101 of
title 10, United States Code) shall prescribe regulations that
ensure the following:
(1) The out-of-pocket cost to an officer or enlisted
member of an Armed Force for a uniform (or part of such
uniform) may not exceed such cost to another officer or
enlisted member of that Armed Force for such uniform
(or part, or equivalent part, of such uniform) solely
based on gender.
(2) If a change to a uniform of an Armed Force
affects only officers or enlisted members of one
gender, an officer or enlisted member of such gender in
such Armed Force shall be entitled to an allowance
equal to the out-of-pocket cost to the officer or
enlisted member relating to such change.
(c) One-Time Allowance.--Not later than September 30, 2022,
each Secretary concerned may provide a one-time allowance to
each female officer and female enlisted member under the
jurisdiction of the Secretary concerned. The amount of such an
allowance shall be--
(1) based on gender disparities in out-of-pocket
costs relating to uniforms (including the costs of
changes to uniforms that affected only one gender)
during the 10 years preceding the date of the enactment
of this Act; and
(2) proportional to the length of service of the
officer or enlisted member in the Armed Forces.
(d) Application.--The allowances described in subsections
(b)(2) and (c) may not apply to an individual who has separated
or retired, or been discharged or dismissed, from the Armed
Forces.
----------
73. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
Page 481, after line 2, insert the following new section:
SEC. 576. JUSTICE FOR WOMEN VETERANS.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally
authorized the appointment and enlistment of women in
the regular components of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that
members of the regular components of the Armed Forces
could become pregnant.
(3) The response to such possibilities and
actualities was Executive Order 10240, signed by
President Harry S. Truman in 1951, which granted the
Armed Forces the authority to involuntarily separate or
discharge a woman if she became pregnant, gave birth to
a child, or became a parent by adoption or a
stepparent.
(4) The Armed Forces responded to the Executive order
by systematically discharging any woman in the Armed
Forces who became pregnant, regardless of whether the
pregnancy was planned, unplanned, or the result of
sexual abuse.
(5) Although the Armed Forces were required to offer
women who were involuntarily separated or discharged
due to pregnancy the opportunity to request retention
in the military, many such women were not offered such
opportunity.
(6) The Armed Forces did not provide required
separation benefits, counseling, or assistance to the
members of the Armed Forces who were separated or
discharged due to pregnancy.
(7) Thousands of members of the Armed Forces were
involuntarily separated or discharged from the Armed
Forces as a result of pregnancy.
(8) There are reports that the practice of the Armed
Forces to systematically separate or discharge pregnant
members caused some such members to seek an unsafe or
inaccessible abortion, which was not legal at the time,
or to put their children up for adoption, and that, in
some cases, some women died by suicide following their
involuntary separation or discharge from the Armed
Forces.
(9) Such involuntary separation or discharge from the
Armed Forces on the basis of pregnancy was challenged
in Federal district court by Stephanie Crawford in
1975, whose legal argument stated that this practice
violated her constitutional right to due process of
law.
(10) The Court of Appeals for the Second Circuit
ruled in Stephanie Crawford's favor in 1976 and found
that Executive Order 10240 and any regulations relating
to the Armed Forces that made separation or discharge
mandatory due to pregnancy were unconstitutional.
(11) By 1976, all regulations that permitted
involuntary separation or discharge of a member of the
Armed Forces because of pregnancy or any form of
parenthood were rescinded.
(12) Today, women comprise 17 percent of the Armed
Forces, and many are parents, including 12 percent of
whom are single parents.
(13) While military parents face many hardships,
today's Armed Forces provides various lengths of paid
family leave for mothers and fathers. for both birth
and adoption of children.
(b) Sense of Congress.--
(1) Sense of congress.--It is the sense of Congress
that women who served in the Armed Forces before
February 23, 1976 should not have been involuntarily
separated or discharged due to pregnancy or parenthood.
(2) Expression of remorse.--Congress hereby expresses
deep remorse for the women who patriotically served in
the Armed Forces, but were forced, by official United
States policy, to endure unnecessary and discriminatory
actions, including the violation of their
constitutional right to due process of law, simply
because they became pregnant or became a parent while a
member of the Armed Forces.
(c) GAO Study of Women Involuntarily Separated or Discharged
Due to Pregnancy or Parenthood.--
(1) Study required.--The Comptroller General of the
United States shall conduct a study regarding women
involuntarily separated or discharged from the Armed
Forces due to pregnancy or parenthood during the period
of 1951 through 1976. The study shall identify--
(A) the number of such women, disaggregated
by--
(i) Armed Force;
(ii) grade;
(iii) race; and
(iv) ethnicity;
(B) the characters of such discharges or
separations;
(C) discrepancies in uniformity of such
discharges or separations;
(D) how such discharges or separations
affected access of such women to health care
and benefits through the Department of Veterans
Affairs; and
(E) recommendations for improving access of
such women to resources through the Department
of Veterans Affairs.
(2) Briefing and report.--
(A) Briefing.--Not later than 6 months after
the date of enactment of this Act, the
Comptroller General shall brief the Committees
on Armed Services and the Committees on
Veterans' Affairs of the Senate and the House
of Representatives on the study.
(B) Report.--Not later than 18 months after
the date of the enactment of this Act, the
Comptroller General shall submit a report to
the Committees on Armed Services and the
Committees on Veterans' Affairs of the Senate
and the House of Representatives on the results
of the study conducted under paragraph (1).
----------
74. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60__. GRANTS TO STATES FOR SEAL OF BILITERACY PROGRAMS.
(a) Findings.--Congress finds the following:
(1) The people of the United States celebrate
cultural and linguistic diversity and seek to prepare
students with skills to succeed in the 21st century.
(2) It is fitting to commend the dedication of
students who have achieved proficiency in multiple
languages and to encourage their peers to follow in
their footsteps.
(3) The congressionally requested Commission on
Language Learning, in its 2017 report ``America's
Languages: Investing in Language Education for the 21st
Century'', notes the pressing national need for more
people of the United States who are proficient in two
or more languages for national security, economic
growth, and the fulfillment of the potential of all
people of the United States.
(4) The Commission on Language Learning also notes
the extensive cognitive, educational, and employment
benefits deriving from biliteracy.
(5) Biliteracy in general correlates with higher
graduation rates, higher grade point averages, higher
rates of matriculation into higher education, and
higher earnings for all students, regardless of
background.
(6) The study of America's languages in elementary
and secondary schools should be encouraged because it
contributes to a student's cognitive development and to
the national economy and security.
(7) Recognition of student achievement in language
proficiency will enable institutions of higher
education and employers to readily recognize and
acknowledge the valuable expertise of bilingual
students in academia and the workplace.
(8) States such as Utah, Arizona, Washington, and New
Mexico have developed innovative testing methods for
languages, including Native American languages, where
no formal proficiency test currently exists.
(9) The use of proficiency in a government-recognized
official Native American language as the base language
for a Seal of Biliteracy, with proficiency in any
additional partner language demonstrated through tested
proficiency, has been successfully demonstrated in
Hawaii.
(10) Students in every State and every school should
be able to benefit from a Seal of Biliteracy program.
(b) 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
section 4(a) 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 section 4(a)(2)),
including Braille, American Sign Language, or a
Classical language.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(c) 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
section 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 section
may reapply for a grant under this section.
(E) Limitations.--A State shall not receive
more than 1 grant under this section at any
time.
(F) Return of unspent grant funds.--Each
State that receives a grant under this section
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 section 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 section 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 section, 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 section
$10,000,000 for each of fiscal years 2022 through 2026.
----------
75. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of title LX, insert the following new section:
SEC. 60__ ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN VETERANS.
Subsection (c)(1) of section 542 of title 38, United States
Code, is amended by striking ``even-numbered year'' and
inserting ``year''.
----------
76. An Amendment To Be Offered by Representative Buchanan of Florida or
His Designee, Debatable for 10 Minutes
Page 191, after line 6, insert the following:
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
RELATING TO MITIGATION AND PREVENTION OF TRAINING
ACCIDENTS.
(a) Requirements.--The Secretary of the Defense shall take
such steps as may be necessary to carry out the following with
respect to the Army, Navy, Marine Corps, and Air Force:
(1) To develop more clearly defined roles for vehicle
commanders and establish mechanisms and procedures for
tactical vehicle risk management to be used by first-
line supervisors, including vehicle commanders.
(2) To evaluate the number of personnel within
operational units who are responsible for tactical
vehicle safety and determine if these units are
appropriately staffed, or if any adjustments are needed
to workloads or resource levels to implement
operational unit ground-safety programs.
(3) To ensure that tactical vehicle driver training
programs, including licensing, unit, and follow-on
training programs, have a well-defined process with
specific performance criteria and measurable standards
to identify driver skills and experience under diverse
conditions.
(4) To evaluate--
(A) the extent to which ranges and training
areas are fulfilling responsibilities to
identify and communicate hazards to units; and
(B) to the extent to which such
responsibilities are not being carried out,
whether existing solutions are adequate or if
additional resources should be applied to
fulfill such responsibilities.
(b) Consultation Requirement.--The Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force, and the
Commandant of the Marine Corps shall jointly establish a formal
collaboration forum among Army, Navy, Air Force, and Marine
Corps range officials through which such officials shall share
methods for identifying and communicating hazards to units.
----------
77. An Amendment To Be Offered by Representative Buck of Colorado or
His Designee, Debatable for 10 Minutes
Page 922, line 17, strike ``and'' at the end.
Page 922, line 21, strike the period and insert ``; and''.
Page 922, insert after line 21 the following:
(6) the United States condemns the People's Republic
of China's ongoing genocide and violation of
fundamental human rights in Xinjiang.
----------
78. An Amendment To Be Offered by Representative Budd of North Carolina
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII of division A, add the
following:
SEC. 12_. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE ACCOUNTINGS OF
MILITARY ASSISTANCE PROVIDED TO THE AFGHAN SECURITY
FORCES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2022 may be used to remove from the website of the
Department of Defense or any other agency publicly available
accountings of military assistance provided to the Afghan
security forces that was publicly available online as of July
1, 2021.
----------
79. An Amendment To Be Offered by Representative Burchett of Tennessee
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, add the following new
section:
SEC. 10__. BRIEFING ON ELECTRIC AUTONOMOUS SHUTTLES ON MILITARY
INSTALLATIONS.
(a) Briefing Required.--Not later than March 1, 2022, the
Secretary of Defense, in coordination with the Secretaries of
the military departments, shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the current and future plans of the Department of
Defense for fielding electric autonomous shuttles on military
installations for the purpose of transporting personnel and
equipment in a safe, cost-efficient, and sustainable manner.
(b) Elements.--The briefing under subsection (a) shall
include analysis of the following:
(1) The effectiveness of current or past
demonstration projects of electric autonomous shuttles
on military installations.
(2) The impact that reliable, energy-efficient
shuttles could have on quality of life, base operating
costs, and traffic patterns.
(3) How best to leverage existing commercially
available shuttles to satisfy this function.
(4) How and where the Department would best employ
the shuttles to maximize fixed route or on-demand
autonomous shuttle service for military installations
serving the ``first and last mile'' transportation
needs of personnel and logistical missions.
(5) What type of data could be gathered from the
shuttles to assist in the expansion of electric
autonomous vehicle use in other military contexts.
----------
80. An Amendment To Be Offered by Representative Bush of Missouri or
Her Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__. STUDY ON CONTAMINATION OF COLDWATER CREEK, MISSOURI.
(a) In General.--The Administrator of the Environmental
Protection Agency, in coordination with the Secretary of the
Army, the Secretary of Energy, the Administrator of the Agency
for Toxic Substances and Disease Registry, and other
appropriate Federal agencies, shall--
(1) undertake a review of prior and ongoing efforts
to remediate radiological contamination in the vicinity
of Coldwater Creek in North St. Louis County, Missouri,
associated with historic radiological waste storage
near the St. Louis Airport;
(2) consult with State and local agencies, and
representatives of the Coldwater Creek community;
(3) take into consideration the Public Health
Assessment for the Evaluation of Community Exposure
Related to Coldwater Creek, dated April 30, 2019, and
prepared by the Agency for Toxic Substances and Disease
Registry; and
(4) within 180 days of the date of enactment of this
section, issue a report to Congress on the status of
efforts to reduce or eliminate the potential human
health impacts from potential exposure to such
contamination, including any recommendations for
further action.
(b) Installation of Signage To Prevent Potential Exposure
Risks.--In accordance with the recommendations of the Public
Health Assessment for the Evaluation of Community Exposure
Related to Coldwater Creek, the Administrator of the
Environmental Protection Agency, in coordination with the
Secretary of the Army, shall install signage to inform
residents and visitors of potential exposure risks in areas
around Coldwater Creek where remediation efforts have not been
undertaken or completed.
----------
81. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following:
SEC. 60__. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO
SERVED IN UNITED STATES CADET NURSE CORPS DURING
WORLD WAR II.
Section 106 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1)(A) Service as a member of the United States Cadet
Nurse Corps during the period beginning on July 1, 1943, and
ending on December 31, 1948, of any individual who was
honorably discharged therefrom pursuant to subparagraph (B)
shall be considered active duty for purposes of eligibility and
entitlement to benefits under chapters 23 and 24 of this title
(including with respect to headstones and markers), other than
such benefits relating to the interment of the individual in
Arlington National Cemetery provided solely by reason of such
service.
``(B)(i) Not later than one year after the date of the
enactment of this subsection, the Secretary of Defense shall
issue to each individual who served as a member of the United
States Cadet Nurse Corps during the period beginning on July 1,
1943, and ending on December 31, 1948, a discharge from such
service under honorable conditions if the Secretary determines
that the nature and duration of the service of the individual
so warrants.
``(ii) A discharge under clause (i) shall designate the date
of discharge. The date of discharge shall be the date, as
determined by the Secretary, of the termination of service of
the individual concerned as described in that clause.
``(2) An individual who receives a discharge under paragraph
(1)(B) for service as a member of the United States Cadet Nurse
Corps shall be honored as a veteran but shall not be entitled
by reason of such service to any benefit under a law
administered by the Secretary of Veterans Affairs, except as
provided in paragraph (1)(A).
``(3) The Secretary of Defense may design and produce a
service medal or other commendation, or memorial plaque or
grave marker, to honor individuals who receive a discharge
under paragraph (1)(B).''.
----------
82. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. PILOT PROGRAM TO TRANSITION DIGITALLY SECURED MANUFACTURING
TECHNOLOGIES.
(a) Program Required.--The Under Secretary of Defense for
Research and Engineering shall carry out a pilot program to
ensure the transition of digitally secured manufacturing
technologies developed by a manufacturing innovation institute
that is funded by the Department of Defense to covered defense
contractors to promote the development of digitally secured
manufacturing technologies to--
(1) enhance and secure the supply chain for such
digitally secured manufacturing technologies for use in
weapon systems; and
(2) ensure increased quality and decreased costs of
such digitally secured manufacturing technologies.
(b) Partnership.--Under the pilot program, the Under
Secretary shall reimburse related costs to covered defense
contractors to facilitate the transition of digitally secured
manufacturing technologies from such manufacturing innovation
institutes to such covered defense contractors.
(c) Annual Report.--Not later than 90 days after the last day
of each fiscal year during which the pilot program is
operational, the Under Secretary of Defense for Research and
Engineering shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on
participation in and the impact of the pilot program.
(d) Definitions.--In this section:
(1) The term ``covered defense contractor'' means a
contractor in the defense industrial base that--
(A) manufactures and delivers aircraft,
ships, vehicles, weaponry, or electronic
systems; or
(B) provides services, such as logistics or
engineering support, to the Department of
Defense.
(2) The term ``digitally secured manufacturing
technology'' means an existing or experimental
manufacturing technology determined by the Under
Secretary of Defense for Research and Engineering to
meet the needs of the Department of Defense.
(e) Termination.--The pilot program established under this
section shall terminate 3 years after the date of the enactment
of this Act.
(f) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for Manufacturing Technology Program, line 051
is hereby increased by $3,000,000.
(g) 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, as
specified in the corresponding funding table in section 4301,
for Office of the Secretary of Defense, line 540 is hereby
reduced by $3,000,000.
----------
83. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. ROADMAP FOR RESEARCH AND DEVELOPMENT OF DISRUPTIVE
MANUFACTURING CAPABILITIES.
(a) Roadmap.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Department of Defense
Manufacturing Innovation Institutes, shall develop a
capabilities integration roadmap for disruptive manufacturing
technologies including workforce skills needed to support it
and proposed pilot-scale demonstration projects proving
concepts, models, technologies, and engineering barriers.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the roadmap developed under subsection (a).
----------
84. An Amendment To Be Offered by Representative Cammack of Florida or
Her Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60__. REPORT RELATING TO ESTABLISHMENT OF PRECLEARANCE FACILITY IN
TAIWAN.
(a) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary
of Commerce, shall submit to the appropriate
congressional committees a report that includes an
assessment of establishing a preclearance facility in
Taiwan.
(2) Elements.--The assessment required under
paragraph (1) shall include the following:
(A) An assessment with respect to the
feasibility and advisability of establishing a
CBP Preclearance facility in Taiwan.
(B) An assessment of the impacts preclearance
operations in Taiwan will have with respect
to--
(i) trade and travel, including
impacts on passengers traveling to the
United States; and
(ii) CBP staffing.
(C) Country-specific information relating
to--
(i) anticipated benefits to the
United States; and
(ii) security vulnerabilities
associated with such preclearance
operations.
(b) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the
Committee on Finance, and the Committee on Ways
and Means of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Finance, and
the Joint Committee on Taxation of the Senate.
(2) The term ``CBP'' means U.S. Customs and Border
Protection.
----------
85. An Amendment To Be Offered by Representative Cammack of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. SURVEY ON EFFECTS OF COVID-19 MANDATE ON MATTERS RELATING TO
RECRUITMENT AND REINLISTMENT.
(a) Survey.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct
an anonymous survey to determine the effects that the COVID-19
vaccine mandate issued by the Secretary on August 24, 2021, has
had on recruitment to and reenlistment in the Armed Forces.
(b) Matters.--The survey under subsection (a) shall include
an assessment of the following:
(1) Whether the announcement of the COVID-19 vaccine
mandate encouraged the reenlistment, discouraged the
reenlistment, or had any effect on the reenlistment, of
members of the Armed Forces.
(2) Whether the announcement of the COVID-19 vaccine
mandate encouraged individuals to join the Armed
Forces, discouraged individuals to join the Armed
Forces, or had any other effect on recruitment efforts
for the Armed Forces.
(c) Publication and Submission to Congress.--
(1) In general.--Not later than 240 days after the
date of the enactment of this Act, the Secretary shall
submit to Congress the results of the survey under
subsection (a) and publish such results on an internet
website of the Department of Defense.
(2) Privacy considerations.--In submitting and
publishing the results of the survey under paragraph
(1), the Secretary shall ensure that such results do
not include any personally identifiable information of
Armed Forces recruits, members of the Armed Forces, or
any other individual surveyed under this section.
----------
86. An Amendment To Be Offered by Representative Carbajal of California
or His Designee, Debatable for 10 Minutes
Page 1008, line 4, insert ``and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate'' after ``tees''.
Page 1008, line 13, insert ``to support government and
commercial launch'' after ``Space Force''.
Page 1008, line 14, insert ``, as well as an identification
of any impacts the proposed authorities could have on
competition in the commercial launch industry'' after ``are
needed''.
Page 1008, line 17, insert ``and allow for commercial
investment for mutually beneficial projects'' after ``Space
Force''.
Page 1008, line 18, insert ``and an identification of any
impacts the proposed authorities could have on competition in
the commercial launch industry'' after ``such proposals''.
----------
87. An Amendment To Be Offered by Representative Carson of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 748. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program, as
specified in the corresponding funding table in section 4501,
for R&D Research is hereby increased by $5,000,000 for the
purposes of pancreatic cancer research, of which $5,000,000 is
for the purposes of a pancreatic cancer early detection
initiative (EDI).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Base Operations/Communications is hereby reduced by
$5,000,000.
----------
88. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the appropriate place in title XII, insert the following:
SEC. 12_. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended by adding at
the end the following:
``(32)(A) An assessment of China's military expansion
into the Pacific Islands region, including an
assessment of China's--
``(i) strategic interests in the region;
``(ii) exchanges of senior defense officials;
``(iii) diplomatic and military engagements;
``(iv) offers of military education and
training in China;
``(v) development of Chinese language and
culture centers;
``(vi) financial assistance for
infrastructure development, including through
the Belt and Road Initiative;
``(vii) investment in ports or wharfs,
including identification of those ports with
the capacity to service Chinese naval vessels;
``(viii) military assistance, including
financial aid, donations of military equipment,
and offers of military training; and
``(ix) military bases in the region or plans
to pursue a more formalized military presence
in the region.
``(B) In this paragraph, the term `Pacific Island
region' includes the Republic of Fiji, the Republic
Kiribati, the Marshall Islands, the Federated States of
Micronesia, the Republic of Nauru, the Republic of
Palau, the Independent State of Samoa, the Solomon
Islands, the Kingdom of Tonga, Tuvalu, and the Republic
of Vanuatu.''.
----------
89. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the appropriate place in title XII, insert the following:
SEC. 12_. UNITED STATES MILITARY PRESENCE IN PALAU.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the Republic of Palau have
a strong relationship based on strengthening regional
security, ensuring a free and open Indo-Pacific, and
protecting fisheries from illegal, unreported and
unregulated fishing; and
(2) Congress is receptive to the Republic of Palau's
request to the United States to establish a regular
United States military presence in Palau for purposes
of Palau's defense and encourages the Department of
Defense to review such request.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall provide a report and briefing to the
appropriate congressional committees on the Department
of Defense's plans to review the Republic of Palau's
request to the United States to establish a regular
United States military presence in Palau and any
planned military construction associated with such
military presence.
(2) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of
the House of Representatives.
----------
90. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the appropriate place in title XII, insert the following:
SEC. 12_. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE UNITED
STATES AND INDO-PACIFIC COUNTRIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on the activities
and resources required to enhance security partnerships between
the United States and Indo-Pacific countries.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the Department of Defense's
approach to conducting security cooperation activities
in Indo-Pacific countries, including how the Department
identifies and prioritizes its security partnerships in
such countries.
(2) A description of how the Department of Defense's
security cooperation activities benefit other Federal
departments and agencies that are operating in the
Indo-Pacific region.
(3) Recommendations to improve the ability of the
Department of Defense to achieve sustainable security
benefits from its security cooperation activities in
the Indo-Pacific region, which may include--
(A) the establishment of contingency
locations;
(B) small-scale construction conducted in
accordance with existing law; and
(C) the acquisition of additional training
and equipment by Indo-Pacific countries to
improve their organizational, operational,
mobility, and sustainment capabilities.
(4) Recommendations to expand and strengthen the
capability of Indo-Pacific countries to conduct
security activities, including traditional activities
of the combatant commands, train and equip
opportunities, State partnerships with the National
Guard, and through multilateral activities.
(5) A description of how the following factors may
impact the ability of the Department of Defense to
strengthen security partnerships in Indo-Pacific
countries:
(A) The economic development and stability of
such countries within the Indo-Pacific area of
operations.
(B) The military, intelligence, diplomatic,
developmental, and humanitarian efforts of the
People's Republic of China and Russia in Indo-
Pacific countries.
(C) The ability of the United States and its
allies and partners to combat violent extremist
organizations operating in the Indo-Pacific
region.
(D) Any other matters the Secretary of
Defense determines to be relevant.
(c) Form.--The report required under subsection (a) may be
submitted in classified form, but shall include an unclassified
summary.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
----------
91. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle H of title XXVIII, add the following
new section:
SEC. 28__. ANNUAL REPORT ON RENEWAL OF DEPARTMENT OF DEFENSE EASEMENTS
AND LEASES OF LAND IN HAWAI`I.
(a) Findings.--Congress finds the following:
(1) Lands throughout the State of Hawai`i, which are
currently owned and leased by the Department of Defense
or in which the Department of Defense otherwise has a
real property interest, are critical to maintaining the
readiness of the Armed Forces now stationed or to be
stationed in Hawai`i and throughout the Indo-Pacific
region and elsewhere.
(2) Securing long-term continued utilization of those
lands by the Armed Forces is thus critical to the
national defense.
(3) As a result of various factors, including complex
land ownership and utilization issues and competing
actual and potential uses, the interdependency of the
various military components, and the necessity of
maintaining public support for the presence and
operations of the Armed Forces in Hawai`i, the
realization of the congressional and Department of
Defense goals of ensuring the continuity of critical
land and facilities infrastructure requires a
sustained, dedicated, funded, top-level effort to
coordinate realization of these goals across the Armed
Forces, between the Department of Defense and other
agencies of the Federal Government, and between the
Department of Defense and the State of Hawai`i and its
civilian sector.
(4) The end result of this effort must account for
military and civilian concerns and for the changing
missions and needs of all components of the Armed
Forces stationed or otherwise operating out of the
State of Hawai`i as the Department of Defense adjusts
to meet the objectives outlined in the National Defense
Strategy.
(b) Annual Report.--
(1) Report required.--Not later than February 1 of
each year, the Secretary of Defense shall submit to the
congressional defense committee a report describing the
progress being made by the Department of Defense to
renew each Department of Defense land lease and
easement in the State of Hawai`i that--
(A) encompasses one acre or more; and
(B) will expire within 10 years after the
date of the submission of the report.
(2) Report elements.-- Each report submitted under
paragraph (1) shall include the following:
(A) The location, size, and expiration date
of each lease and easement.
(B) Major milestones and expected timelines
for maintaining access to the land covered by
each lease and easement.
(C) Actions completed over the preceding two
years for each lease and easement.
(D) Department-wide and service-specific
authorities governing each lease and easement
extension.
(E) A summary of coordination efforts between
the Secretary of Defense and the Secretaries of
the military departments.
(F) The status of efforts to develop an
inventory of military land in Hawai`i,
including current and possible future uses of
the land, that would assist in land
negotiations with the State of Hawai`i.
(G) The risks and potential solutions to
ensure the renewability of required and
critical leases and easements.
----------
92. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, add the following new
section:
SEC. 3__. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT RED HILL
BULK FUEL STORAGE FACILITY, HAWAI`I.
(a) Findings.--Congress finds the following:
(1) The continued availability and use of the Red
Hill Bulk Fuel Storage Facility in Honolulu, Hawai`i is
a matter of national security. Persistent fuel
availability in quantity, location, and secured siting
is a key component in ensuring resilient logistical
support for sustained forward operations in the Indo-
Pacific region and the execution of the National
Defense Strategy, including the objectives of
maintaining a free and open Indo-Pacific.
(2) The Red Hill Bulk Fuel Facility is constructed in
basalt rock that overlays a key aquifer serving as one
of the major ground water resources for the fresh water
needs of the City of Honolulu, including key military
installations and associated facilities. Past leaks
from the tanks and other infrastructure of the Red Hill
Bulk Fuel Storage Facility, while not resulting in any
appreciable effect to the aquifer, raise significant
questions whether the facility is being operated and
maintained to the highest standard possible and whether
the facility presents a material risk to the aquifer
and to Honolulu water resources.
(3) Safety inspections of the Red Hill Bulk Fuel
Storage Facility at 10-year intervals, as required by
the American Petroleum Institute 570 standards, set the
upper boundaries for inspections.
(b) Sense of Congress.--In order to fully effectuate national
security, assure the maximum safe utilization of the Red Hill
Bulk Fuel Storage Facility, and fully address concerns as to
potential impacts of the facility on public health, it is the
sense of Congress that the Secretary of the Navy and the
Defense Logistics Agency should--
(1) operate and maintain the Red Hill Bulk Fuel
Storage Facility to the highest standard possible; and
(2) require safety inspections to be conducted more
frequently based on the corrosion rate of the piping
and overall condition of the pipeline system and
support equipment at the facility.
(c) Inspection Requirement.--
(1) Inspection required.--The Secretary of the Navy
shall direct the Naval Facilities Engineering Command
to conduct an inspection of the pipeline system,
supporting infrastructure, and appurtenances, including
valves and any other corrosion prone equipment, at the
Red Hill Bulk Fuel Storage Facility.
(2) Inspection agent; standards.--The inspection
required by this subsection shall be performed--
(A) by an independent American Petroleum
Institute certified inspector who will present
findings of the inspection and options to the
Secretary of the Navy for improving the
integrity of the Red Hill Bulk Fuel Storage
Facility and its appurtenances; and
(B) in accordance with the Unified Facilities
Criteria (UFC-3-460-03) and American Petroleum
Institute 570 inspection standards.
(3) Exception.--The inspection required by this
subsection excludes the fuel tanks at the Red Hill Bulk
Fuel Storage Facility.
(d) Life-cycle Sustainment Plan.--In conjunction with the
inspection required by subsection (c), the Naval Facilities
Engineering Command shall prepare a life-cycle sustainment plan
for the Red Hill Bulk Fuel Storage Facility, which shall
consider the current condition and service life of the tanks,
pipeline system, and support equipment.
(e) Submission of Results and Plan.--Not later than one year
after the date of the enactment of this Act, the Secretary of
the Navy shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
containing--
(1) the results of the inspection conducted under
subsection (c);
(2) the life-cycle sustainment plan prepared under
subsection (d); and
(3) options on improving the security and maintenance
of the Red Hill Bulk Fuel Storage Facility.
----------
93. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle H of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON LONG-TERM INFRASTRUCTURE NEEDS TO SUPPORT MARINE
CORPS REALIGNMENT IN UNITED STATES INDO-PACIFIC
COMMAND AREA OF RESPONSIBILITY.
Not later than one year after the date of the enactment of
this Act, the Deputy Commandant, Installations and Logistics,
of the Marine Corps shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report listing and describing the infrastructure that will be
needed to directly support the Marine Corps realignment in the
United States Indo-Pacific Command Area of Responsibility. The
report shall include the known or estimated scope, cost, and
schedule for each military construction project, repair
project, or other infrastructure project included on the
infrastructure list.
----------
94. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle H of title XXVIII, add the following
new section:
SEC. 28__. FIVE-YEAR UPDATES OF HAWAI`I MILITARY LAND USE MASTER PLAN.
(a) Findings.--Congress finds the following:
(1) The continued presence of the Armed Forces and
Department of Defense in the State of Hawai`i supports
the United State's objective of a free and open Indo-
Pacific region.
(2) Given the strategic location of Hawai`i in the
central Pacific, the State is home to the United States
Indo-Pacific Command and all of its subcomponent
commanders.
(3) The Armed Forces and Department of Defense
presence in Hawai`i is extensive and significant
despite the limited geography of the State.
(b) Sense of Congress.--Given the extent and significance of
the Armed Forces and Department of Defense presence in Hawai`i
and the limited geography of the State, it is the sense of
Congress that the Secretary of Defense should--
(1) synchronize all of the Armed Forces' training
activities, land holdings, and operations for the most
efficient use and stewardship of land in Hawai`i; and
(2) ensure that the partnership between the DoD and
State of Hawai`i is mutually advantageous and based on
the following principles:
(A) Respect for the land, people, and culture
of Hawai`i.
(B) Commitment to building strong, resilient
communities.
(C) Maximum joint use of Department of
Defense land holdings.
(D) Optimization of existing Armed Forces
training, operational, and administrative
facilities.
(E) Synchronized communication from United
States Indo-Pacific Command across all military
components with State government, State
agencies, county governments, communities, and
Federal agencies on critical land and
environmental topics.
(c) Required Update of Master Plan.--
(1) Plan update required.--Not later than December
31, 2025, and every five years thereafter through
December 31, 2045, the Deputy Assistant Secretary of
Defense for Real Property shall update the Hawai`i
Military Land Use Master Plan, which was first produced
by the Department of Defense in 1995 and updated in
2002 and 2021.
(2) Elements.--In updating the Hawai`i Military Land
Use Master Plan, the Deputy Assistant Secretary of
Defense for Real Property shall consider, address, and
include the following:
(A) The priorities of each individual Armed
Force and joint priorities within the State of
Hawai`i.
(B) The historical background of Armed Forces
and Department of Defense use of lands in
Hawai`i and the cultural significance of the
historical land holdings.
(C) A summary of all leases and easements
held by the Department.
(D) An overview of Army, Navy, Marine Corps,
Air Force, Space Force, Coast Guard, Hawai`i
National Guard, and Hawai`i Air National Guard
assets in the State, including the following
for each asset:
(i) The location and size of
facilities.
(ii) Any tenet commands.
(iii) Training lands.
(iv) Purpose of the asset.
(v) Priorities for the asset for the
next five years, including any planned
divestitures and expansions.
(E) A summary of encroachment planning
efforts.
(F) A summary of efforts to synchronize the
inter-service use of training lands and ranges.
(3) Cooperation.--The Deputy Assistant Secretary of
Defense for Real Property shall carry out this
subsection in conjunction with the Commander of United
States Indo-Pacific Command.
(d) Submission of Updated Plan.--Not later than 30 days after
the date of the completion of an update to the Hawai`i Military
Land Use Master Plan under subsection (c), the Deputy Assistant
Secretary of Defense for Real Property shall submit the updated
master plan to the Committees on Armed Services of the Senate
and the House of Representatives.
----------
95. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle F of title III, insert the following:
SEC. 3__. DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) Investigation required.--The Secretary of Defense
shall conduct a formal investigation into incidents of
military aircraft being lazed by the general population
in Hawaii. The Secretary shall carry out such
investigation in coordination and collaboration with
appropriate non-Department of Defense entities.
(2) Report to congress.--Not later than March 31,
2022, the Secretary shall submit to the congressional
defense committees a report on the findings of the
investigation conducted pursuant to paragraph (1).
(b) Information Sharing.-- The Secretary shall seek to
increase information sharing between the Department of Defense
and the States with respect to incidents of lazing of military
aircraft, including by entering into memoranda of understanding
with State law enforcement agencies on information sharing in
connection with such incidents to provide for procedures for
closer cooperation with local law enforcement in responding to
such incidents as soon as they are reported.
(c) Data Collection and Tracking.--The Secretary shall
collect such data as may be necessary to track the correlation
between noise complaints and incidents of military aircraft
lazing.
(d) Operating Procedures.--The Secretary shall give
consideration to adapting local operating procedures in areas
with high incidence of military aircraft lazing incidents to
reduce potential injury to aircrew.
(e) Eye Protection.--The Secretary shall examine the
availability of commercial off-the-shelf laser eye protection
equipment that protects against the most commonly available
green light lasers that are available to the public. If the
Secretary determines that no such laser eye protection
equipment is available, the Secretary shall conduct research
and develop such equipment.
----------
96. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. REPORT REGARDING BEST PRACTICES FOR COMMUNITY ENGAGEMENT.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary of
Defense and the Secretaries of the military departments shall
jointly submit to Congress a report on best practices for
coordinating relations with State and local governmental
entities in the State of Hawaii.
(b) Best Practices.--The best practices referred to in
subsection (a) shall address each of the following issues:
(1) Identify comparable locations with joint base
military installations or of other densely populated
metropolitan areas with multiple military installations
and summarize lessons learns from any similar efforts
to engage with the community and public officials.
(2) Identify all the major community engagement
efforts by the services, commands, installations and
other military organizations in the State of Hawaii.
(3) Evaluate the current community outreach efforts
to identify any outreach gaps or coordination
challenges that undermine the military engagement with
the local community and elected official in the State
of Hawaii.
(4) Propose options available to create an enhanced,
coordinated community engagement effort in the State of
Hawaii based on the department's evaluation.
(5) Resources to support the coordination described
in this subsection, including the creation of joint
liaison offices that are easily accessible to public
officials to facilitate coordinating relations with
State and local governmental agencies.
----------
97. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII the following:
SEC. 13__. DEPARTMENT OF STATE EFFORTS REGARDING FIREARMS TRAFFICKING
TO MEXICO.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall report to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on the Department
of State's actions to disrupt firearms trafficking to Mexico
that includes--
(1) the results of the Department's efforts in Mexico
on combating firearms trafficking from the United
States; and
(2) the Department's actions to implement the
recommendations, including targets with baselines and
timeframes for the Department's efforts in Mexico on
combating firearms trafficking, contained in the report
of the Government Accountability Office entitled
``Firearms Trafficking: U.S. Efforts to Disrupt Gun
Smuggling into Mexico Would Benefit from Additional
Data and Analysis'', dated February 22, 2021 (GAO-21-
322).
----------
98. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST MIGRANTS
ABROAD.
(a) Information To Include in Annual Country Reports on Human
Rights Practices.--The Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and''
at the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or
discrimination that affects the fundamental freedoms or
human rights of migrants located in a foreign
country.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by
inserting after the ninth sentence the following:
``Wherever applicable, such report shall also include
information regarding violence or discrimination that
affects the fundamental freedoms or human rights of
migrants permanently or temporarily located in a
foreign country.''.
(b) Review at Diplomatic and Consular Posts.--In preparing
the annual country reports on human rights practices required
under section 116 or 502B of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n and 2304), as amended by subsection (a), the
Secretary of State shall obtain information from each
diplomatic and consular post with respect to--
(1) incidents of violence against migrants located in
the country in which such post is located;
(2) an analysis of the factors enabling or
aggravating such incidents, such as government policy,
societal pressure, or the actions of external actors;
and
(3) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(c) Migrant.--For the purposes of this section and the
amendments made by this section, the term ``migrant'' includes
economic migrants, guest workers, refugees, asylum-seekers,
stateless persons, trafficked persons, undocumented migrants,
and unaccompanied children, in addition to other individuals
who change their country of usual residence temporarily or
permanently.
----------
99. An Amendment To Be Offered by Representative Chabot of Ohio or His
Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. 13__. GRAY ZONE REVIEW ACT.
(a) Study Required.--Not later than 180 days after the
enactment of this Act, the Comptroller General shall submit to
Congress a study on the capabilities of the United States to
conduct and respond to gray zone campaigns.
(b) Elements With Respect to the Nature of Gray Zone
Operations.--
(1) An evaluation of the adequacy and utility of the
definitions set forth in subsection (h) for
understanding gray zone activity and for
operationalizing gray zone campaigns.
(2) Agencies, offices, and units of the Federal
Government that are suited to gray zone operations or
are at particular risk from gray zone operations that
are not covered agencies for purposes of this section.
(c) Elements With Respect to Covered Agencies.--The study
shall examine the following with respect to each covered
agency:
(1) The capabilities, offices, and units that are
especially suited to gray zone operations and a
description of the roles each can play.
(2) Recommendations for addressing gaps within
covered agencies for effectively conducting gray zone
operations including proposed necessary investments to
significantly increase these capabilities to mitigate
gray zone threats, the rationale for each, and expected
cost.
(d) Subdivisions With Respect to Certain Covered Agencies.--
In addition to the elements described in paragraph (2) with
respect to the agency as a whole, the report required under
paragraph (1) shall also include specifically disaggregated
information on the following:
(1) With respect to the section of the report
relating to the Department of Defense, the information
described in subsection (c) with respect to each
military service and regional combatant command, as
appropriate.
(2) With respect to the section of the study relating
to the Department of State--
(A) an identification of 25 priority
countries at the front lines of adversary gray
zone aggression; and
(B) the adequacy of the Department of State's
public affairs elements, including the Global
Engagement Center, for conducting and
responding to information operations conducted
as part of a gray zone campaign.
(e) Elements With Respect to Interagency.--The study shall
examine the following with respect to interagency coordination
of and capacity to conduct and respond to gray zone campaigns:
(1) The capacity of the interagency to marshal
disparate elements of national power to effectively
respond in a coordinated manner to adversary gray zone
campaigns against the United States or partner nations.
(2) The capacity to recognize adversary campaigns
from weak signals, including rivals' intent,
capability, impact, interactive effects, and impact on
United States interests.
(3) A description of the process for determining the
tolerance for adversary gray zone activity, including
the methods and mechanisms for--
(A) determining which adversary gray zone
activities are unacceptable;
(B) communicating these positions to
adversaries;
(C) developing theories of deterrence; and
(D) establishing and regularly reviewing
protocols with allies and partners to respond
to such activities.
(4) Recommendations for addressing gaps between
covered agencies as well as inadequacies and
inefficiencies in the interagency coordination of
covered agencies and their elements including a
discussion of how such recommendations will be
sufficient to achieve United States gray zone
objectives and to counter adversary gray zone
campaigns.
(f) Form.--The report described in this subsection shall be
submitted in an unclassified format insofar as possible and
shall include a classified annex.
(g) Covered Agencies Defined.--For purposes of the review and
report described in paragraph (1), the term ``covered
agencies'' means the following:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Commerce
(5) The Department of Homeland Security.
(6) The Department of the Treasury.
(7) The Office of the Director of National
Intelligence.
(8) The Central Intelligence Agency.
(9) The National Security Agency.
(10) The United States International Development
Finance Corporation.
(11) The United States Agency for Global Media.
(12) The United States Trade Representative.
(h) Definition.--For purposes of this section:
(1) The term ``gray zone operations'' is defined as
state-directed operations against another state that
are not associated with routine statecraft and are
meant to advance a country's foreign objectives without
crossing a threshold that results in a conventional
military response or open hostilities. Such activities
include the following:
(A) Information warfare, including the
spreading of disinformation or propaganda.
(B) Encouraging internal strife within target
countries.
(C) Coordinated efforts to unduly influence
democratic elections or related political
activities.
(D) Economic coercion.
(E) Cyber operations, below the threshold of
conflict, aimed at coercion, espionage, or
otherwise undermining a target.
(F) Support of domestic or foreign proxy
forces.
(G) Coercive investment and bribery for
political aims.
(H) Industrial policy designed to monopolize
a strategic industry or to destroy such an
industry in other nations, especially when
coordinated with other gray zone operations.
(I) Military, paramilitary, or similar
provocations and operations short of war.
(J) Government financing or sponsorship of
activities described in subparagraphs (A)
through (I).
(2) The term ``gray zone campaigns'' is the use of
gray zone operations, including the coordination of
gray zone operations against multiple domains, with the
goal of achieving a political or military objective.
----------
100. An Amendment To Be Offered by Representative Cheney of Wyoming or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XVI the following new
section:
SEC. 16__. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM
FOR MULTIGLOBAL NAVIGATION SATELLITE SYSTEM
RECEIVER DEVELOPMENT.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Office of
the Secretary of the Air Force, not more than 80 percent may be
obligated or expended until the date on which the Secretary of
Defense--
(1) certifies to the congressional defense committees
that the Secretary of the Air Force is carrying out the
program required under section 1607 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1724); and
(2) provides to the Committees on Armed Services of
the House of Representatives and the Senate a briefing
on how the Secretary is implementing such program,
including with respect to addressing each element
specified in subsection (b) of such section.
----------
101. An Amendment To Be Offered by Representative Cheney of Wyoming or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, add the following new
section:
SEC. 8__. ENSURING CONSIDERATION OF THE NATIONAL SECURITY IMPACTS OF
URANIUM AS A CRITICAL MINERAL.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Energy and the Secretary of Commerce,
shall conduct an assessment of the effect on national security
that would result from uranium ceasing to be designated as a
critical mineral by the Secretary of the Interior under section
7002(c) of the Energy Act of 2020 (Public Law 116-260; 30
U.S.C. 1606(c)).
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of
the assessment conducted under subsection (a), including--
(1) the effects of the loss of domestic uranium
production on--
(A) Federal national security programs,
including any existing and potential future
uses of unobligated uranium originating from
domestic sources; and
(B) the energy security of the United States;
(2) a description of the extent of the reliance of
the United States on imports of uranium from foreign
sources, including from state-owned entities, to supply
fuel for commercial reactors; and
(3) the effects of such reliance and other factors on
the domestic production, conversion, fabrication, and
enrichment of uranium.
(c) Uranium Critical Mineral Designation Change Restricted.--
Notwithstanding section 7002(c) of the Energy Act of 2020
(Public Law 116-260; 30 U.S.C. 1606(c)), until the submission
of the report required under subsection (b), the designation of
uranium as a critical mineral pursuant to such section may not
be altered or eliminated.
----------
102. An Amendment To Be Offered by Representative Chu of California or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title V, insert the following:
SEC. 5__. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND RESPONSE TO
BULLYING IN THE ARMED FORCES.
Section 549 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is
amended--
(1) in the section heading, by inserting ``AND
BULLYING'' after ``HAZING'';
(2) in subsection (a)--
(A) in the heading, by inserting ``and anti-
bullying'' after ``Anti-hazing'';
(B) by inserting ``(including formal,
informal, and anonymous reports)'' after
``collection of reports''; and
(C) by inserting ``or bullying'' after
``hazing'' both places it appears;
(3) in subsection (b), by inserting ``and bullying''
after ``hazing''; and
(4) in subsection (c)--
(A) in the heading, by inserting ``and
bullying'' after ``hazing'';
(B) in paragraph (1)--
(i) in the matter preceding
subparagraph (A)--
(I) by striking ``January 31,
2021'' and inserting ``January
31, 2027''; and
(II) by striking ``each
Secretary of a military
department, in consultation
with the Chief of Staff of each
Armed Force under the
jurisdiction of such
Secretary,'' and inserting
``the Secretary of Defense'';
(ii) in subparagraph (A), by
inserting ``or bullying'' after
``hazing'';
(iii) in subparagraph (B), by
inserting ``formally, informally, and''
before ``anonymously''; and
(iv) in subparagraph (C), by
inserting ``and anti-bullying'' after
``anti-hazing''; and
(C) in amending paragraph (2) to read as
follows:
``(2) Additional elements.--Each report required by
this subsection shall include the following:
``(A) A description of comprehensive data-
collection systems of each Armed Force
described in subsection (b) and the Office of
the Secretary of Defense for collecting hazing
or bullying reports involving a member of the
Armed Forces, including formal, informal, and
anonymous reports.
``(B) A description of processes of each
Armed Force described in subsection (b) to
identify, document, and report alleged
instances of hazing or bullying. Such
description shall include the methodology each
such Armed Force uses to categorize and count
potential instances of hazing or bullying.
``(C) An assessment by each Secretary of a
military department of the quality and need for
training on recognizing and preventing hazing
and bullying provided to members under the
jurisdiction of such Secretary.
``(D) An assessment by the Office of the
Secretary of Defense of--
``(i) the effectiveness of each Armed
Force described in subsection (b) in
tracking and reporting instances of
hazing or bullying;
``(ii) whether the performance of
each such Armed Force was satisfactory
or unsatisfactory in the preceding
fiscal year.
``(E) Recommendations of the Secretary to
improve--
``(i) elements described in
subparagraphs (A) through (D).
``(ii) the Uniform Code of Military
Justice or the Manual for Courts-
Martial to improve the prosecution of
persons alleged to have committed
hazing or bullying in the Armed Forces.
``(F) The status of efforts of the Secretary
to evaluate the prevalence of hazing and
bullying in the Armed Forces.
``(G) Data on allegations of hazing and
bullying in the Armed Forces, including--
``(i) number of formal, informal, and
anonymous reports; and
``(ii) final disposition of
investigations.
``(H) Plans of the Secretary to improve
hazing and bullying prevention and response
during the next reporting year.''.
----------
103. An Amendment To Be Offered by Representative Chu of California or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XII of division A the
following:
SEC. 12__. SENSE OF CONGRESS RELATING TO KABUL AIR STRIKE.
It is the sense of Congress that--
(1) an investigation by the Commander of United
States Central Command, General Kenneth F. McKenzie,
found that an August air strike in Kabul resulted in
the deaths of as many as ten civilians, including up to
seven children;
(2) Secretary of Defense, Lloyd J. Austin III,
expressed condolences to the surviving family members
on behalf of the Department of Defense;
(3) senior defense officials must ensure that there
is full accountability for this tragic mistake;
(4) the Department of Defense must conduct a timely,
comprehensive, and transparent investigation into the
events that led to the deaths of innocent civilians,
including accountability measures to be taken and
consideration of the degree to which strike
authorities, procedures, and processes need to be
altered in the future; and
(5) while no amount of recompense can make up for the
loss or grief of the affected families, the United
States must provide appropriate compensation for those
families through the form of ex gratia payments or
other means of remuneration.
----------
104. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIV of division A, insert
the following:
SEC. ___. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Southern New England Regional
Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such
title is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional Commission
shall include the following counties:
``(1) Rhode island.--Each county in the State of
Rhode Island.
``(2) Connecticut.--The counties of Hartford, New
Haven, Windham, Tolland, Middlesex, and New London in
the State of Connecticut.
``(3) Massachusetts.--The counties of Hampden,
Plymouth, Barnstable, Essex, Worcester, and Bristol in
the State of Massachusetts.''.
(2) Technical and conforming amendment.--The analysis
for Subchapter II of chapter 157 of such title is
amended by adding at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States
Code, shall apply with respect to the Southern New England
Regional Commission beginning with fiscal year 2022.
----------
105. An Amendment To Be Offered by Representative Clark of
Massachusetts or Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following:
SEC. 6___. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code,
is amended--
(1) in the section heading, by inserting ``the
President, the Vice President, a Cabinet Member, or a''
after ``Contracts by''; and
(2) in the first undesignated paragraph, by inserting
``the President, the Vice President, or any member of
the Cabinet,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, the Vice President, a Cabinet Member,
or a Member of Congress.''.
____________________________________________________
106. An Amendment To Be Offered by Representative Clark of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. __. SENSE OF CONGRESS ON RECOGNIZING WOMEN IN THE UNITED STATES
FOR THEIR SERVICE IN WORLD WAR II AND RECOGNIZING
THE ROLE OF REPRESENTATIVE EDITH NOURSE ROGERS IN
ESTABLISHING THE WOMEN'S ARMY AUXILIARY CORPS AND
THE WOMEN'S ARMY CORPS.
It is the sense of Congress that, on the 79th anniversary of
the establishment of the Women's Auxiliary Corps by
Congresswoman Edith Nourse Rogers, the United States--
(1) honors the women who served the United States in
military capacities during World War II;
(2) commends those women who, through a sense of duty
and willingness to defy stereotypes and social
pressures, performed military assignments to aid the
war effort, allowing for more combat capacity;
(3) recognizes that those women, by serving with
diligence and merit, not only opened up opportunities
for women that had previously been reserved for men,
but also contributed vitally to the victory of the
United States and the Allies in World War II; and
(4) honors the contributions of Congresswoman Edith
Nourse Rogers and her fellow Members of Congress who
supported the establishment of the Women's Army
Auxiliary Corps and the Women's Army Corps.
----------
107. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY.
(a) In General.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220A. CYBERSENTRY PROGRAM.
``(a) Establishment.--The Director shall establish and
maintain in the Agency a program, to be known as `CyberSentry',
to provide continuous monitoring and detection of cybersecurity
risks to critical infrastructure entities that own or operate
industrial control systems that support national critical
functions, upon request and subject to the consent of such
owner or operator.
``(b) Activities.--The Director, through CyberSentry, shall--
``(1) enter into strategic partnerships with critical
infrastructure owners and operators that, in the
determination of the Director and subject to the
availability of resources, own or operate regionally or
nationally significant industrial control systems that
support national critical functions, in order to
provide technical assistance in the form of continuous
monitoring of industrial control systems and the
information systems that support such systems and
detection of cybersecurity risks to such industrial
control systems and other cybersecurity services, as
appropriate, based on and subject to the agreement and
consent of such owner or operator;
``(2) leverage sensitive or classified intelligence
about cybersecurity risks regarding particular sectors,
particular adversaries, and trends in tactics,
techniques, and procedures to advise critical
infrastructure owners and operators regarding
mitigation measures and share information as
appropriate;
``(3) identify cybersecurity risks in the information
technology and information systems that support
industrial control systems which could be exploited by
adversaries attempting to gain access to such
industrial control systems, and work with owners and
operators to remediate such vulnerabilities;
``(4) produce aggregated, anonymized analytic
products, based on threat hunting and continuous
monitoring and detection activities and partnerships,
with findings and recommendations that can be
disseminated to critical infrastructure owners and
operators; and
``(5) support activities authorized in accordance
with section 1501 of the National Defense Authorization
Act for Fiscal Year 2022.
``(c) Privacy Review.--Not later than 180 days after the date
of enactment of this Act, the Privacy Officer of the Agency
under section 2202(h) shall--
``(1) review the policies, guidelines, and activities
of CyberSentry for compliance with all applicable
privacy laws, including such laws governing the
acquisition, interception, retention, use, and
disclosure of communities; and
``(2) submit to the Committee on Homeland Security of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report certifying compliance with all
applicable privacy laws as referred to in paragraph
(1), or identifying any instances of noncompliance with
such privacy laws.
``(d) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Director shall provide
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a briefing and written
report on implementation of this section.
``(e) Savings.--Nothing in this section may be construed to
permit the Federal Government to gain access to information of
a remote computing service provider to the public or an
electronic service provider to the public, the disclosure of
which is not permitted under section 2702 of title 18, United
States Code.
``(f) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity
risk' has the meaning given such term in section
2209(a).
``(2) Industrial control system.--The term
`industrial control system' means an information system
used to monitor and/or control industrial processes
such as manufacturing, product handling, production,
and distribution, including supervisory control and
data acquisition (SCADA) systems used to monitor and/or
control geographically dispersed assets, distributed
control systems (DCSs), Human-Machine Interfaces
(HMIs), and programmable logic controllers that control
localized processes.
``(3) Information system.--The term `information
system' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501(9)).''.
(b) Responsibilities of the CISA Director Relating to
Industrial Control Systems That Support National Critical
Functions.--
(1) In general.--Subsection (c) of section 2202 of
the Homeland Security Act of 2002 (6 U.S.C. 652) is
amended--
(A) in paragraph (11), by striking ``and''
after the semicolon;
(B) in the first paragraph (12) (relating to
appointment of a Cybersecurity State
Coordinator) by striking ``as described in
section 2215; and'' and inserting ``as
described in section 2217;'';
(C) by redesignating the second paragraph
(12) (relating to the .gov internet domain) as
paragraph (13);
(D) in such redesignated paragraph (13), by
striking ``and'' after the semicolon;
(E) by inserting after such redesignated
paragraph (13) the following new paragraph:
``(14) maintain voluntary partnerships with critical
infrastructure entities that own or operate industrial
control systems that support national critical
functions, which may include, upon request and subject
to the consent of the owner or operator, providing
technical assistance in the form of continuous
monitoring and detection of cybersecurity risks (as
such term is defined in section 2209(a)) in furtherance
of section 2220A; and''; and
(F) by redesignating the third paragraph (12)
(relating to carrying out such other duties and
responsibilities) as paragraph (15).
(2) Continuous monitoring and detection.--Section
2209(c)(6) of the Homeland Security Act of 2002 (6
U.S.C. 659) is amended by inserting ``, which may take
the form of continuous monitoring and detection of
cybersecurity risks to critical infrastructure entities
that own or operate industrial control systems that
support national critical functions'' after
``mitigation, and remediation''.
(c) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle
A of title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended--
(i) in the first section 2215 (6
U.S.C. 665; relating to the duties and
authorities relating to .gov internet
domain), by amending the section
enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(ii) in the second section 2215 (6
U.S.C. 665b; relating to the joint
cyber planning office), by amending the
section enumerator and heading to read
as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iii) in the third section 2215 (6
U.S.C. 665c; relating to the
Cybersecurity State Coordinator), by
amending the section enumerator and
heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(iv) in the fourth section 2215 (6
U.S.C. 665d; relating to Sector Risk
Management Agencies), by amending the
section enumerator and heading to read
as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(v) in section 2216 (6 U.S.C. 665e;
relating to the Cybersecurity Advisory
Committee), by amending the section
enumerator and heading to read as
follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vi) in section 2217 (6 U.S.C. 665f;
relating to Cybersecurity Education and
Training Programs), by amending the
section enumerator and heading to read
as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--
Paragraph (1) of section 904(b) of division U
of the Consolidated Appropriations Act, 2021
(Public Law 116-260) is amended, in the matter
preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by striking the items relating to sections 2214
through 2217 and inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. CyberSentry program.''.
____________________________________________________
108. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CYBER INCIDENT REVIEW OFFICE.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220A. CYBER INCIDENT REVIEW OFFICE.
``(a) Definitions.--In this section:
``(1) Cloud service provider.--The term `cloud
service provider' means an entity offering products or
services related to cloud computing, as defined by the
National Institutes of Standards and Technology in NIST
Special Publication 800-145 and any amendatory or
superseding document relating thereto.
``(2) Covered entity.--The term `covered entity'
means an entity that owns or operates critical
infrastructure that satisfies the definition
established by the Director in the reporting
requirements and procedures issued pursuant to
subsection (d).
``(3) Covered cybsecurity incident.--The term
`covered cybersecurity incident' means a cybersecurity
incident experienced by a covered entity that satisfies
the definition and criteria established by the Director
in the reporting requirements and procedures issued
pursuant to subsection (d).
``(4) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given such term in section
102 of the Cybersecurity Act of 2015 (enacted as
division N of the Consolidated Appropriations Act, 2016
(Public Law 114-113; 6 U.S.C. 1501)).
``(5) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501).
``(6) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501)).
``(7) Defensive measure.--The term `defensive
measure' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501)).
``(8) Information sharing and analysis
organization.--The term `Information Sharing and
Analysis Organization' has the meaning given such term
in section 2222(5).
``(9) Information system.--The term `information
system' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501(9)).
``(10) 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)).
``(11) Managed service provider.--The term `managed
service provider' means an entity that delivers
services, such as network, application, infrastructure,
or security services, via ongoing and regular support
and active administration on customers' premises, in
the managed service provider's data center (such as
hosting), or in a third-party data center.
``(12) Security control.--The term `security control'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-
113; 6 U.S.C. 1501)).
``(13) Security vulnerability.--The term `security
vulnerability' has the meaning given such term in
section 102 of the Cybersecurity Act of 2015 (enacted
as division N of the Consolidated Appropriations Act,
2016 (Public Law 114-113; 6 U.S.C. 1501)).
``(14) Significant cyber incident.--The term
`significant cyber incident' means a cyber incident, or
a group of related cyber incidents, that the Director
determines is likely to result in demonstrable harm to
the national security interests, foreign relations, or
economy of the United States or to the public
confidence, civil liberties, or public health and
safety of the American people.
``(15) Supply chain attack.--The term `supply chain
attack' means an attack that allows an adversary to
utilize implants or other vulnerabilities inserted into
information technology hardware, software, operating
systems, peripherals (such as information technology
products), or services at any point during the life
cycle in order to infiltrate the networks of third
parties where such products, services, or technologies
are deployed.
``(b) Cyber Incident Review Office.--There is established in
the Agency a Cyber Incident Review Office (in this section
referred to as the `Office') to receive, aggregate, and analyze
reports related to covered cybersecurity incidents submitted by
covered entities in furtherance of the activities specified in
subsection (c) of this section and sections 2202(e), 2209(c),
and 2203 to enhance the situational awareness of cybersecurity
threats across critical infrastructure sectors.
``(c) Activities.--The Office shall, in furtherance of the
activities specified in sections 2202(e), 2209(c), and 2203--
``(1) receive, aggregate, analyze, and secure reports
from covered entities related to a covered
cybersecurity incident to assess the effectiveness of
security controls and identify tactics, techniques, and
procedures adversaries use to overcome such controls;
``(2) facilitate the timely sharing between relevant
critical infrastructure owners and operators and, as
appropriate, the intelligence community of information
relating to covered cybersecurity incidents,
particularly with respect to an ongoing cybersecurity
threat or security vulnerability;
``(3) for a covered cybersecurity incident that also
satisfies the definition of a significant cyber
incident, or are part of a group of related cyber
incidents that together satisfy such definition,
conduct a review of the details surrounding such
covered cybersecurity incident or group of such
incidents and identify ways to prevent or mitigate
similar incidents in the future;
``(4) with respect to covered cybersecurity incident
reports under subsection (d) involving an ongoing
cybersecurity threat or security vulnerability,
immediately review such reports for cyber threat
indicators that can be anonymized and disseminated,
with defensive measures, to appropriate stakeholders,
in coordination with other Divisions within the Agency,
as appropriate;
``(5) publish quarterly unclassified, public reports
that describe aggregated, anonymized observations,
findings, and recommendations based on covered
cybersecurity incident reports under subsection (d);
``(6) leverage information gathered regarding
cybersecurity incidents to enhance the quality and
effectiveness of bi-directional information sharing and
coordination efforts with appropriate stakeholders,
including sector coordinating councils, information
sharing and analysis organizations, technology
providers, cybersecurity and incident response firms,
and security researchers, including by establishing
mechanisms to receive feedback from such stakeholders
regarding how the Agency can most effectively support
private sector cybersecurity; and
``(6) proactively identify opportunities, in
accordance with the protections specified in
subsections (e) and (f), to leverage and utilize data
on cybersecurity incidents in a manner that enables and
strengthens cybersecurity research carried out by
academic institutions and other private sector
organizations, to the greatest extent practicable.
``(d) Covered Cybersecurity Incident Reporting Requirements
and Procedures.--
``(1) In general.--Not later than 270 days after the
date of the enactment of this section, the Director, in
consultation with Sector Risk Management Agencies and
the heads of other Federal departments and agencies, as
appropriate, shall, after a 60 day consultative period,
followed by a 90 day comment period with appropriate
stakeholders, including sector coordinating councils,
publish in the Federal Register an interim final rule
implementing this section. Notwithstanding section 553
of title 5, United States Code, such rule shall be
effective, on an interim basis, immediately upon
publication, but may be subject to change and revision
after public notice and opportunity for comment. The
Director shall issue a final rule not later than one
year after publication of such interim final rule. Such
interim final rule shall--
``(A) require covered entities to submit to
the Office reports containing information
relating to covered cybersecurity incidents;
and
``(B) establish procedures that clearly
describe--
``(i) the types of critical
infrastructure entities determined to
be covered entities;
``(ii) the types of cybersecurity
incidents determined to be covered
cybersecurity incidents;
``(iii) the mechanisms by which
covered cybersecurity incident reports
under subparagraph (A) are to be
submitted, including--
``(I) the contents, described
in paragraph (4), to be
included in each such report,
including any supplemental
reporting requirements;
``(II) the timing relating to
when each such report should be
submitted; and
``(III) the format of each
such report;
``(iv) describe the manner in which
the Office will carry out enforcement
actions under subsection (g), including
with respect to the issuance of
subpoenas, conducting examinations, and
other aspects relating to
noncompliance; and
``(v) any other responsibilities to
be carried out by covered entities, or
other procedures necessary to implement
this section.
``(2) Covered entities.--In determining which types
of critical infrastructure entities are covered
entities for purposes of this section, the Secretary,
acting through the Director, in consultation with
Sector Risk Management Agencies and the heads of other
Federal departments and agencies, as appropriate, shall
consider--
``(A) the consequences that disruption to or
compromise of such an entity could cause to
national security, economic security, or public
health and safety;
``(B) the likelihood that such an entity may
be targeted by a malicious cyber actor,
including a foreign country;
``(C) the extent to which damage, disruption,
or unauthorized access to such and entity will
disrupt the reliable operation of other
critical infrastructure assets; and
``(D) the extent to which an entity or sector
is subject to existing regulatory requirements
to report cybersecurity incidents, and the
possibility of coordination and sharing of
reports between the Office and the regulatory
authority to which such entity submits such
other reports.
``(3) Outreach to covered entities.--
``(A) In general.--The Director shall conduct
an outreach and education campaign to inform
covered entities of the requirements of this
section.
``(B) Elements.--The outreach and education
campaign under subparagraph (A) shall include
the following:
``(i) Overview of the interim final
rule and final rule issued pursuant to
this section.
``(ii) Overview of reporting
requirements and procedures issued
pursuant to paragraph (1).
``(iii) Overview of mechanisms to
submit to the Office covered
cybersecurity incident reports and
information relating to the disclosure,
retention, and use of incident reports
under this section.
``(iv) Overview of the protections
afforded to covered entities for
complying with requirements under
subsection (f).
``(v) Overview of the steps taken
under subsection (g) when a covered
entity is not in compliance with the
reporting requirements under paragraph
(1).
``(C) Coordination.--The Director may conduct
the outreach and education campaign under
subparagraph (A) through coordination with the
following:
``(i) The Critical Infrastructure
Partnership Advisory Council
established pursuant to section 871.
``(ii) Information Sharing and
Analysis Organizations.
``(iii) Any other means the Director
determines to be effective to conduct
such campaign.
``(4) Covered cybersecurity incidents.--
``(A) Considerations.--In accordance with
subparagraph (B), in determining which types of
incidents are covered cybersecurity incidents
for purposes of this section, the Director
shall consider--
``(i) the sophistication or novelty
of the tactics used to perpetrate such
an incident, as well as the type,
volume, and sensitivity of the data at
issue;
``(ii) the number of individuals
directly or indirectly affected or
potentially affected by such an
incident; and
``(iii) potential impacts on
industrial control systems, such as
supervisory control and data
acquisition systems, distributed
control systems, and programmable logic
controllers.
``(B) Minimum thresholds.--For a
cybersecurity incident to be considered a
covered cybersecurity incident a cybersecurity
incident shall, at a minimum, include at least
one of the following:
``(i) Unauthorized access to an
information system or network that
leads to loss of confidentiality,
integrity, or availability of such
information system or network, or has a
serious impact on the safety and
resiliency of operational systems and
processes.
``(ii) Disruption of business or
industrial operations due to a denial
of service attack, a ransomware attack,
or exploitation of a zero-day
vulnerability, against--
``(I) an information system
or network; or
``(II) an operational
technology system or process.
``(iii) Unauthorized access or
disruption of business or industrial
operations due to loss of service
facilitated through, or caused by a
compromise of, a cloud service
provider, managed service provider,
other third-party data hosting
provider, or supply chain attack.
``(5) Reports.--
``(A) Timing.--
``(i) In general.--The Director, in
consultation with Sector Risk
Management Agencies and the heads of
other Federal departments and agencies,
as appropriate, shall establish
reporting timelines for covered
entities to submit promptly to the
Office covered cybersecurity incident
reports, as the Director determines
reasonable and appropriate based on
relevant factors, such as the nature,
severity, and complexity of the covered
cybersecurity incident at issue and the
time required for investigation, but in
no case may the Director require
reporting by a covered entity earlier
than 72 hours after confirmation that a
covered cybersecurity incident has
occurred.
``(ii) Considerations.--In
determining reporting timelines under
clause (i), the Director shall--
``(I) consider any existing
regulatory reporting
requirements, similar in scope
purpose, and timing to the
reporting requirements under
this section, to which a
covered entity may also be
subject, and make efforts to
harmonize the timing and
contents of any such reports to
the maximum extent practicable;
and
``(II) balance the Agency's
need for situational awareness
with a covered entity's ability
to conduct incident response
and investigations.
``(B) Third party reporting.--
``(i) In general.--A covered entity
may submit a covered cybersecurity
incident report through a third party
entity or Information Sharing and
Analysis Organization.
``(ii) Duty to ensure compliance.--
Third party reporting under this
subparagraph does not relieve a covered
entity of the duty to ensure compliance
with the requirements of this
paragraph.
``(C) Supplemental reporting.--A covered
entity shall submit promptly to the Office,
until such date that such covered entity
notifies the Office that the cybersecurity
incident investigation at issue has concluded
and the associated covered cybersecurity
incident has been fully mitigated and resolved,
periodic updates or supplements to a previously
submitted covered cybersecurity incident report
if new or different information becomes
available that would otherwise have been
required to have been included in such
previously submitted report. In determining
reporting timelines, the Director may choose to
establish a flexible, phased reporting timeline
for covered entities to report information in a
manner that aligns with investigative timelines
and allows covered entities to prioritize
incident response efforts over compliance.
``(D) Contents.--Covered cybersecurity
incident reports submitted pursuant to this
section shall contain such information as the
Director prescribes, including the following
information, to the extent applicable and
available, with respect to a covered
cybersecurity incident:
``(i) A description of the covered
cybersecurity incident, including
identification of the affected
information systems, networks, or
devices that were, or are reasonably
believed to have been, affected by such
incident, and the estimated date range
of such incident.
``(ii) Where applicable, a
description of the vulnerabilities
exploited and the security defenses
that were in place, as well as the
tactics, techniques, and procedures
relevant to such incident.
``(iii) Where applicable, any
identifying information related to the
actor reasonably believed to be
responsible for such incident.
``(iv) Where applicable,
identification of the category or
categories of information that was, or
is reasonably believed to have been,
accessed or acquired by an unauthorized
person.
``(v) Contact information, such as
telephone number or electronic mail
address, that the Office may use to
contact the covered entity or, where
applicable, an authorized agent of such
covered entity, or, where applicable,
the service provider, acting with the
express permission, and at the
direction, of such covered entity, to
assist with compliance with the
requirements of this section.
``(6) Responsibilities of covered entities.--Covered
entities that experience a covered cybersecurity
incident shall coordinate with the Office to the extent
necessary to comply with this section, and, to the
extent practicable, cooperate with the Office in a
manner that supports enhancing the Agency's situational
awareness of cybersecurity threats across critical
infrastructure sectors.
``(7) Harmonizing reporting requirements.--In
establishing the reporting requirements and procedures
under paragraph (1), the Director shall, to the maximum
extent practicable--
``(A) review existing regulatory
requirements, including the information
required in such reports, to report
cybersecurity incidents that may apply to
covered entities, and ensure that any such
reporting requirements and procedures avoid
conflicting, duplicative, or burdensome
requirements; and
``(B) coordinate with other regulatory
authorities that receive reports relating to
cybersecurity incidents to identify
opportunities to streamline reporting
processes, and where feasible, enter into
agreements with such authorities to permit the
sharing of such reports with the Office,
consistent with applicable law and policy,
without impacting the Office's ability to gain
timely situational awareness of a covered
cybersecurity incident or significant cyber
incident.
``(e) Disclosure, Retention, and Use of Incident Reports.--
``(1) Authorized activities.--No information provided
to the Office in accordance with subsections (d) or (h)
may be disclosed to, retained by, or used by any
Federal department or agency, or any component,
officer, employee, or agent of the Federal Government,
except if the Director determines such disclosure,
retention, or use is necessary for--
``(A) a cybersecurity purpose;
``(B) the purpose of identifying--
``(i) a cybersecurity threat,
including the source of such threat; or
``(ii) a security vulnerability;
``(C) the purpose of responding to, or
otherwise preventing, or mitigating a specific
threat of--
``(i) death;
``(ii) serious bodily harm; or
``(iii) serious economic harm,
including a terrorist act or a use of a
weapon of mass destruction;
``(D) the purpose of responding to,
investigating, prosecuting, or otherwise
preventing or mitigating a serious threat to a
minor, including sexual exploitation or threats
to physical safety; or
``(E) the purpose of preventing,
investigating, disrupting, or prosecuting an
offense related to a threat--
``(i) described in subparagraphs (B)
through (D); or
``(ii) specified in section
105(d)(5)(A)(v) of the Cybersecurity
Act of 2015 (enacted as division N of
the Consolidated Appropriations Act,
2016 (Public Law 114-113; 6 U.S.C.
1504(d)(5)(A)(v))).
``(2) Exceptions.--
``(A) Rapid, confidential, bi-directional
sharing of cyber threat indicators.--Upon
receiving a covered cybersecurity incident
report submitted pursuant to this section, the
Office shall immediately review such report to
determine whether the incident that is the
subject of such report is connected to an
ongoing cybersecurity threat or security
vulnerability and where applicable, use such
report to identify, develop, and rapidly
disseminate to appropriate stakeholders
actionable, anonymized cyber threat indicators
and defensive measures.
``(B) Principles for sharing security
vulnerabilities.--With respect to information
in a covered cybersecurity incident report
regarding a security vulnerability referred to
in paragraph (1)(B)(ii), the Director shall
develop principles that govern the timing and
manner in which information relating to
security vulnerabilities may be shared,
consistent with common industry best practices
and United States and international standards.
``(3) Privacy and civil liberties.--Information
contained in reports submitted to the Office pursuant
to subsections (d) and (h) shall be retained, used, and
disseminated, where permissible and appropriate, by the
Federal Government in a manner consistent with
processes for the protection of personal information
adopted pursuant to section 105 of the Cybersecurity
Act of 2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C.
1504)).
``(4) Prohibition on use of information in regulatory
actions.--
``(A) In general.--Information contained in
reports submitted to the Office pursuant to
subsections (d) and (h) may not be used by any
Federal, State, Tribal, or local government to
regulate, including through an enforcement
action, the lawful activities of any non-
Federal entity.
``(B) Exception.--A report submitted to the
Agency pursuant to subsection (d) or (h) may,
consistent with Federal or State regulatory
authority specifically relating to the
prevention and mitigation of cybersecurity
threats to information systems, inform the
development or implementation of regulations
relating to such systems.
``(f) Protections for Reporting Entities and Information.--
Reports describing covered cybersecurity incidents submitted to
the Office by covered entities in accordance with subsection
(d), as well as voluntarily-submitted cybersecurity incident
reports submitted to the Office pursuant to subsection (h),
shall be--
``(1) entitled to the protections against liability
described in section 106 of the Cybersecurity Act of
2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C.
1505));
``(2) exempt from disclosure under section 552 of
title 5, United States Code, as well as any provision
of State, Tribal, or local freedom of information law,
open government law, open meetings law, open records
law, sunshine law, or similar law requiring disclosure
of information or records; and
``(3) considered the commercial, financial, and
proprietary information of the covered entity when so
designated by the covered entity.
``(g) Noncompliance With Required Reporting.--
``(1) Purpose.--In the event a covered entity
experiences a cybersecurity incident but does not
comply with the reporting requirements under this
section, the Director may obtain information about such
incident by engaging directly such covered entity in
accordance with paragraph (2) to request information
about such incident, or, if the Director is unable to
obtain such information through such engagement, by
issuing a subpoena to such covered entity, subject to
paragraph (3), to gather information sufficient to
determine whether such incident is a covered
cybersecurity incident, and if so, whether additional
action is warranted pursuant to paragraph (4).
``(2) Initial request for information.--
``(A) In general.--If the Director has reason
to believe, whether through public reporting,
intelligence gathering, or other information in
the Federal Government's possession, that a
covered entity has experienced a cybersecurity
incident that may be a covered cybersecurity
incident but did not submit pursuant to
subsection (d) to the Office a covered
cybersecurity incident report relating thereto,
the Director may request information from such
covered entity to confirm whether the
cybersecurity incident at issue is a covered
cybersecurity incident, and determine whether
further examination into the details
surrounding such incident are warranted
pursuant to paragraph (4).
``(B) Treatment.--Information provided to the
Office in response to a request under
subparagraph (A) shall be treated as if such
information was submitted pursuant to the
reporting procedures established in accordance
with subsection (d).
``(3) Authority to issue subpoenas.--
``(A) In general.--If, after the date that is
seven days from the date on which the Director
made a request for information in paragraph
(2), the Director has received no response from
the entity from which such information was
requested, or received an inadequate response,
the Director may issue to such entity a
subpoena to compel disclosure of information
the Director considers necessary to determine
whether a covered cybersecurity incident has
occurred and assess potential impacts to
national security, economic security, or public
health and safety, determine whether further
examination into the details surrounding such
incident are warranted pursuant to paragraph
(4), and if so, compel disclosure of such
information as is necessary to carry out
activities described in subsection (c).
``(B) Civil action.--If a covered entity does
not comply with a subpoena, the Director may
bring a civil action in a district court of the
United States to enforce such subpoena. An
action under this paragraph may be brought in
the judicial district in which the entity
against which the action is brought resides, is
found, or does business. The court may punish a
failure to obey an order of the court to comply
with the subpoena as a contempt of court.
``(C) Non-applicability of protections.--The
protections described in subsection (f) do not
apply to a covered entity that is the recipient
of a subpoena under this paragraph (3).
``(4) Additional actions.--
``(A) Examination.--If, based on the
information provided in response to a subpoena
issued pursuant to paragraph (3), the Director
determines that the cybersecurity incident at
issue is a significant cyber incident, or is
part of a group of related cybersecurity
incidents that together satisfy the definition
of a significant cyber incident, and a more
thorough examination of the details surrounding
such incident is warranted in order to carry
out activities described in subsection (c), the
Director may direct the Office to conduct an
examination of such incident in order to
enhance the Agency's situational awareness of
cybersecurity threats across critical
infrastructure sectors, in a manner consistent
with privacy and civil liberties protections
under applicable law.
``(B) Provision of certain information to
attorney general.--Notwithstanding subsection
(e)(4) and paragraph (2)(B), if the Director
determines, based on the information provided
in response to a subpoena issued pursuant to
paragraph (3) or identified in the course of an
examination under subparagraph (A), that the
facts relating to the cybersecurity incident at
issue may constitute grounds for a regulatory
enforcement action or criminal prosecution, the
Director may provide such information to the
Attorney General or the appropriate regulator,
who may use such information for a regulatory
enforcement action or criminal prosecution.
``(h) Voluntary Reporting of Cyber Incidents.--The Agency
shall receive cybersecurity incident reports submitted
voluntarily by entities that are not covered entities, or
concerning cybersecurity incidents that do not satisfy the
definition of covered cybersecurity incidents but may
nevertheless enhance the Agency's situational awareness of
cybersecurity threats across critical infrastructure sectors.
The protections under this section applicable to covered
cybersecurity incident reports shall apply in the same manner
and to the same extent to voluntarily-submitted cybersecurity
incident reports under this subsection.
``(i) Notification to Impacted Covered Entities.--If the
Director receives information regarding a cybersecurity
incident impacting a Federal agency relating to unauthorized
access to data provided to such Federal agency by a covered
entity, and with respect to which such incident is likely to
undermine the security of such covered entity or cause
operational or reputational damage to such covered entity, the
Director shall, to the extent practicable, notify such covered
entity and provide to such covered entity such information
regarding such incident as is necessary to enable such covered
entity to address any such security risk or operational or
reputational damage arising from such incident.
``(j) Exemption.--Subchapter I of chapter 35 of title 44,
United States Code, does not apply to any action to carry out
this section.
``(k) Saving Provision.--Nothing in this section may be
construed as modifying, superseding, or otherwise affecting in
any manner any regulatory authority held by a Federal
department or agency, including Sector Risk Management
Agencies, existing on the day before the date of the enactment
of this section, or any existing regulatory requirements or
obligations that apply to covered entities.''.
(b) Reports.--
(1) On stakeholder engagement.--Not later than 30
days before the date on which that the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security intends to issue an
interim final rule under subsection (d)(1) of section
2220A of the Homeland Security Act of 2002 (as added by
subsection (a)), the Director shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report that
describes how the Director engaged stakeholders in the
development of such interim final rules.
(2) On opportunities to strengthen cybersecurity
research.--Not later than one year after the date of
the enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report
describing how the Cyber Incident Review Office of the
Department of Homeland Security (established pursuant
to section 2220A of the Homeland Security Act of 2002,
as added by subsection (a)) has carried out activities
under subsection (c)(6) of such section 2220A by
proactively identifying opportunities to use
cybersecurity incident data to inform and enable
cybersecurity research carried out by academic
institutions and other private sector organizations.
(c) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle
A of title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended--
(i) in section 2202 (6 U.S.C. 652)--
(I) in paragraph (11), by
striking ``and'' after the
semicolon;
(II) in the first paragraph
(12) (relating to appointment
of a Cybersecurity State
Coordinator) by striking ``as
described in section 2215;
and'' and inserting ``as
described in section 2217;'';
(III) by redesignating the
second paragraph (12) (relating
to the .gov internet domain) as
paragraph (13); and
(IV) by redesignating the
third paragraph (12) (relating
to carrying out such other
duties and responsibilities) as
paragraph (14);
(ii) in the first section 2215 (6
U.S.C. 665; relating to the duties and
authorities relating to .gov internet
domain), by amending the section
enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(iii) in the second section 2215 (6
U.S.C. 665b; relating to the joint
cyber planning office), by amending the
section enumerator and heading to read
as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iv) in the third section 2215 (6
U.S.C. 665c; relating to the
Cybersecurity State Coordinator), by
amending the section enumerator and
heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(v) in the fourth section 2215 (6
U.S.C. 665d; relating to Sector Risk
Management Agencies), by amending the
section enumerator and heading to read
as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(vi) in section 2216 (6 U.S.C. 665e;
relating to the Cybersecurity Advisory
Committee), by amending the section
enumerator and heading to read as
follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vii) in section 2217 (6 U.S.C. 665f;
relating to Cybersecurity Education and
Training Programs), by amending the
section enumerator and heading to read
as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--
Paragraph (1) of section 904(b) of division U
of the Consolidated Appropriations Act, 2021
(Public Law 116-260) is amended, in the matter
preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by striking the items relating to sections 2214
through 2217 and inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. Cyber Incident Review Office.''.
____________________________________________________
109. An Amendment To Be Offered by Representative Cleaver of Missouri
or His Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. AML EXAMINATION AUTHORITY DELEGATION STUDY.
(a) Study.--The Secretary of the Treasury shall carry out a
study, in consultation with State bank supervisors (as defined
under section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)), and other relevant stakeholders, on the Secretary's
delegation of examination authority under the Bank Secrecy Act,
including--
(1) an evaluation of the efficacy of the delegation,
especially with respect to the mission of the Bank
Secrecy Act;
(2) whether the delegated agencies have appropriate
resources to perform their delegated responsibilities;
and
(3) whether the examiners in delegated agencies have
sufficient training and support to perform their
responsibilities.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) recommendations to improve the efficacy of
delegation authority, including the potential for de-
delegation of any or all such authority where it may be
appropriate.
(c) Bank Secrecy Act Defined.--The term ``Bank Secrecy Act''
has the meaning given that term under section 5312 of title 31,
United States Code.
----------
110. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. ___. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION.
(a) Findings.--Congress makes the following findings:
(1) The International Criminal Police Organization
(INTERPOL) works to prevent and fight crime through
enhanced cooperation and innovation on police and
security matters, including kleptocracy,
counterterrorism, cybercrime, counternarcotics, and
transnational organized crime.
(2) United States membership and participation in
INTERPOL advances the national security and law
enforcement interests of the United States related to
combating kleptocracy, terrorism, cybercrime,
narcotics, and transnational organized crime.
(3) Article 2 of INTERPOL's Constitution states that
the organization aims ``[to] ensure and promote the
widest possible mutual assistance between all criminal
police authorities . . . in the spirit of the
`Universal Declaration of Human Rights'''.
(4) Article 3 of INTERPOL's Constitution states that
``[i]t is strictly forbidden for the Organization to
undertake any intervention or activities of a
political, military, religious or racial character''.
(5) These principles provide INTERPOL with a
foundation based on respect for human rights and
avoidance of politically motivated actions by the
organization and its members.
(6) According to the Justice Manual of the United
States Department of Justice, ``[i]n the United States,
national law prohibits the arrest of the subject of a
Red Notice issued by another INTERPOL member country,
based upon the notice alone''.
(b) Sense of Congress.--It is the sense of Congress that some
INTERPOL member countries have repeatedly misused INTERPOL's
databases and processes, including Notice and Diffusion
mechanisms, for activities of an overtly political or other
unlawful character and in violation of international human
rights standards, including making requests to harass or
persecute political opponents, human rights defenders, or
journalists.
(c) Support for Interpol Institutional Reforms.--The Attorney
General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United
States, as appropriate, within INTERPOL's General
Assembly and Executive Committee to promote reforms
aimed at improving the transparency of INTERPOL and
ensuring its operation consistent with its
Constitution, particularly articles 2 and 3, and Rules
on the Processing of Data, including--
(A) supporting INTERPOL's reforms enhancing
the screening process for Notices, Diffusions,
and other INTERPOL communications to ensure
they comply with INTERPOL's Constitution and
Rules on the Processing of Data (RPD);
(B) supporting and strengthening INTERPOL's
coordination with the Commission for Control of
INTERPOL's Files (CCF) in cases in which
INTERPOL or the CCF has determined that a
member country issued a Notice, Diffusion, or
other INTERPOL communication against an
individual in violation of articles 2 or 3 of
the INTERPOL Constitution, or the RPD, to
prohibit such member country from seeking the
publication or issuance of any subsequent
Notices, Diffusions, or other INTERPOL
communication against the same individual based
on the same set of claims or facts;
(C) increasing, to the extent practicable,
dedicated funding to the CCF and the Notices
and Diffusions Task Force in order to further
expand operations related to the review of
requests for red notices and red diffusions;
(D) supporting candidates for positions
within INTERPOL's structures, including the
Presidency, Executive Committee, General
Secretariat, and CCF who have demonstrated
experience relating to and respect for the rule
of law;
(E) seeking to require INTERPOL in its annual
report to provide a detailed account,
disaggregated by member country or entity of--
(i) the number of Notice requests,
disaggregated by color, that it
received;
(ii) the number of Notice requests,
disaggregated by color, that it
rejected;
(iii) the category of violation
identified in each instance of a
rejected Notice;
(iv) the number of Diffusions that it
cancelled without reference to
decisions by the CCF; and
(v) the sources of all INTERPOL
income during the reporting period; and
(F) supporting greater transparency by the
CCF in its annual report by providing a
detailed account, disaggregated by country,
of--
(i) the number of admissible requests
for correction or deletion of data
received by the CCF regarding issued
Notices, Diffusions, and other INTERPOL
communications; and
(ii) the category of violation
alleged in each such complaint;
(2) inform the INTERPOL General Secretariat about
incidents in which member countries abuse INTERPOL
communications for politically motivated or other
unlawful purposes so that, as appropriate, action can
be taken by INTERPOL; and
(3) request to censure member countries that
repeatedly abuse and misuse INTERPOL's red notice and
red diffusion mechanisms, including restricting the
access of those countries to INTERPOL's data and
information systems.
(d) Report on Interpol.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, and biannually
thereafter for a period of 4 years, the Attorney
General and the Secretary of State, in consultation
with the heads of other relevant United States
Government departments or agencies, shall submit to the
appropriate committees of Congress a report containing
an assessment of how INTERPOL member countries abuse
INTERPOL Red Notices, Diffusions, and other INTERPOL
communications for political motives and other unlawful
purposes within the past three years.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) A list of countries that the Attorney
General and the Secretary determine have
repeatedly abused and misused the red notice
and red diffusion mechanisms for political
purposes.
(B) A description of the most common tactics
employed by member countries in conducting such
abuse, including the crimes most commonly
alleged and the INTERPOL communications most
commonly exploited.
(C) An assessment of the adequacy of INTERPOL
mechanisms for challenging abusive requests,
including the Commission for the Control of
INTERPOL's Files (CCF), an assessment of the
CCF's March 2017 Operating Rules, and any
shortcoming the United States believes should
be addressed.
(D) A description of how INTERPOL's General
Secretariat identifies requests for red notice
or red diffusions that are politically
motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and
addresses cases in which a member country has
abused or misused the red notice and red
diffusion mechanisms for overtly political
purposes.
(E) A description of any incidents in which
the Department of Justice assesses that United
States courts and executive departments or
agencies have relied on INTERPOL communications
in contravention of existing law or policy to
seek the detention of individuals or render
judgments concerning their immigration status
or requests for asylum, with holding of
removal, or convention against torture claims
and any measures the Department of Justice or
other executive departments or agencies took in
response to these incidents.
(F) A description of how the United States
monitors and responds to likely instances of
abuse of INTERPOL communications by member
countries that could affect the interests of
the United States, including citizens and
nationals of the United States, employees of
the United States Government, aliens lawfully
admitted for permanent residence in the United
States, aliens who are lawfully present in the
United States, or aliens with pending asylum,
withholding of removal, or convention against
torture claims, though they may be unlawfully
present in the United States.
(G) A description of what actions the United
States takes in response to credible
information it receives concerning likely abuse
of INTERPOL communications targeting employees
of the United States Government for activities
they undertook in an official capacity.
(H) A description of United States advocacy
for reform and good governance within INTERPOL.
(I) A strategy for improving interagency
coordination to identify and address instances
of INTERPOL abuse that affect the interests of
the United States, including international
respect for human rights and fundamental
freedoms, citizens and nationals of the United
States, employees of the United States
Government, aliens lawfully admitted for
permanent residence in the United States,
aliens who are lawfully present in the United
States, or aliens with pending asylum,
withholding of removal, or convention against
torture claims, though they may be unlawfully
present in the United States.
(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but
may include a classified annex, as appropriate. The
unclassified portion of the report shall be posted on a
publicly available website of the Department of State
and of the Department of Justice.
(4) Briefing.--Not later than 30 days after the
submission of each report under paragraph (1), the
Department of Justice and the Department of State, in
coordination with other relevant United States
Government departments and agencies, shall brief the
appropriate committees of Congress on the content of
the reports and recent instances of INTERPOL abuse by
member countries and United States efforts to identify
and challenge such abuse, including efforts to promote
reform and good governance within INTERPOL.
(e) Prohibition Regarding Basis for Extradition.--No United
States Government department or agency may extradite an
individual based solely on an INTERPOL Red Notice or Diffusion
issued by another INTERPOL member country for such individual.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate;
and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
(2) Interpol communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion
or any entry into any INTERPOL database or other
communications system maintained by INTERPOL.
(g) Interpol Red Notices.--Chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
``SEC. 5337 INTERPOL RED NOTICES.
``(b) Termination.--A financial institution may not terminate
any service such financial institution offers to a person with
respect to whom the International Criminal Police Organization
has issued a Red Notice solely on the basis of the issuance of
such Red Notice.
``(c) Exclusion.--A financial institution may not exclude
from any service offered by such financial institution a person
with respect to whom the International Criminal Police
Organization issued a Red Notice solely on the basis of the
issuance of such Red Notice.''.
SEC. ___. COMBATING GLOBAL CORRUPTION.
(a) Definitions.--In this section:
(1) Corrupt actor.--The term ``corrupt actor''
means--
(A) any foreign person or entity that is a
government official or government entity
responsible for, or complicit in, an act of
corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant
stake, which is responsible for, or complicit
in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the
unlawful exercise of entrusted public power for private
gain, including by bribery, nepotism, fraud, or
embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level
of government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-
making, such as policy or resource
determinations, or other fundamental functions
of governance.
(B) Involves economically or socially large-
scale government activities.
(b) Publication of Tiered Ranking List.--
(1) In general.--The Secretary of State shall
annually publish, on a publicly accessible website, a
tiered ranking of all foreign countries.
(2) Tier 1 countries.--A country shall be ranked as a
tier 1 country in the ranking published under paragraph
(1) if the government of such country is complying with
the minimum standards set forth in section 4.
(3) Tier 2 countries.--A country shall be ranked as a
tier 2 country in the ranking published under paragraph
(1) if the government of such country is making efforts
to comply with the minimum standards set forth in
section 4, but is not achieving the requisite level of
compliance to be ranked as a tier 1 country.
(4) Tier 3 countries.--A country shall be ranked as a
tier 3 country in the ranking published under paragraph
(1) if the government of such country is making de
minimis or no efforts to comply with the minimum
standards set forth in subsection (c).
(c) Minimum Standards for the Elimination of Corruption and
Assessment of Efforts to Combat Corruption.--
(1) In general.--The government of a country is
complying with the minimum standards for the
elimination of corruption if the government--
(A) has enacted and implemented laws and
established government structures, policies,
and practices that prohibit corruption,
including significant corruption;
(B) enforces the laws described in
subparagraph (A) by punishing any person who is
found, through a fair judicial process, to have
violated such laws;
(C) prescribes punishment for significant
corruption that is commensurate with the
punishment prescribed for serious crimes; and
(D) is making serious and sustained efforts
to address corruption, including through
prevention.
(2) Factors for assessing government efforts to
combat corruption.--In determining whether a government
is making serious and sustained efforts to address
corruption, the Secretary of State shall consider, to
the extent relevant or appropriate, factors such as--
(A) whether the government of the country has
criminalized corruption, investigates and
prosecutes acts of corruption, and convicts and
sentences persons responsible for such acts
over which it has jurisdiction, including, as
appropriate, incarcerating individuals
convicted of such acts;
(B) whether the government of the country
vigorously investigates, prosecutes, convicts,
and sentences public officials who participate
in or facilitate corruption, including
nationals of the country who are deployed in
foreign military assignments, trade delegations
abroad, or other similar missions, who engage
in or facilitate significant corruption;
(C) whether the government of the country has
adopted measures to prevent corruption, such as
measures to inform and educate the public,
including potential victims, about the causes
and consequences of corruption;
(D) what steps the government of the country
has taken to prohibit government officials from
participating in, facilitating, or condoning
corruption, including the investigation,
prosecution, and conviction of such officials;
(E) the extent to which the country provides
access, or, as appropriate, makes adequate
resources available, to civil society
organizations and other institutions to combat
corruption, including reporting, investigating,
and monitoring;
(F) whether an independent judiciary or
judicial body in the country is responsible
for, and effectively capable of, deciding
corruption cases impartially, on the basis of
facts and in accordance with the law, without
any improper restrictions, influences,
inducements, pressures, threats, or
interferences (direct or indirect);
(G) whether the government of the country is
assisting in international investigations of
transnational corruption networks and in other
cooperative efforts to combat significant
corruption, including, as appropriate,
cooperating with the governments of other
countries to extradite corrupt actors;
(H) whether the government of the country
recognizes the rights of victims of corruption,
ensures their access to justice, and takes
steps to prevent victims from being further
victimized or persecuted by corrupt actors,
government officials, or others;
(I) whether the government of the country
protects victims of corruption or
whistleblowers from reprisal due to such
persons having assisted in exposing corruption,
and refrains from other discriminatory
treatment of such persons;
(J) whether the government of the country is
willing and able to recover and, as
appropriate, return the proceeds of corruption;
(K) whether the government of the country is
taking steps to implement financial
transparency measures in line with the
Financial Action Task Force recommendations,
including due diligence and beneficial
ownership transparency requirements;
(L) whether the government of the country is
facilitating corruption in other countries in
connection with state-directed investment,
loans or grants for major infrastructure, or
other initiatives; and
(M) such other information relating to
corruption as the Secretary of State considers
appropriate.
(3) Assessing government efforts to combat corruption
in relation to relevant international commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary
of State shall consider the government of a country's
compliance with the following, as relevant:
(A) The Inter-American Convention against
Corruption of the Organization of American
States, done at Caracas March 29, 1996.
(B) The Convention on Combating Bribery of
Foreign Public Officials in International
Business Transactions of the Organisation of
Economic Co-operation and Development, done at
Paris December 21, 1997 (commonly referred to
as the ``Anti-Bribery Convention'').
(C) The United Nations Convention against
Transnational Organized Crime, done at New York
November 15, 2000.
(D) The United Nations Convention against
Corruption, done at New York October 31, 2003.
(E) Such other treaties, agreements, and
international standards as the Secretary of
State considers appropriate.
(d) Imposition of Sanctions Under Global Magnitsky Human
Rights Accountability Act.--
(1) In general.--The Secretary of State, in
coordination with the Secretary of the Treasury, should
evaluate whether there are foreign persons engaged in
significant corruption for the purposes of potential
imposition of sanctions under the Global Magnitsky
Human Rights Accountability Act (subtitle F of title
XII of Public Law 114-328; 22 U.S.C. 2656 note)--
(A) in all countries identified as tier 3
countries under subsection (b); or
(B) in relation to the planning or
construction or any operation of the Nord
Stream 2 pipeline.
(2) Report required.--Not later than 180 days after
publishing the list required by subsection (b)(1) and
annually thereafter, the Secretary of State shall
submit to the committees specified in paragraph (6) a
report that includes--
(A) a list of foreign persons with respect to
which the President imposed sanctions pursuant
to the evaluation under paragraph (1);
(B) the dates on which such sanctions were
imposed;
(C) the reasons for imposing such sanctions;
and
(D) a list of all foreign persons found to
have been engaged in significant corruption in
relation to the planning, construction, or
operation of the Nord Stream 2 pipeline.
(3) Form of report.--Each report required by
paragraph (2) shall be submitted in unclassified form
but may include a classified annex.
(4) Briefing in lieu of report.--The Secretary of
State, in coordination with the Secretary of the
Treasury, may (except with respect to the list required
by paragraph (2)(D)) provide a briefing to the
committees specified in paragraph (6) instead of
submitting a written report required under paragraph
(2), if doing so would better serve existing United
States anti-corruption efforts or the national
interests of the United States.
(5) Termination of requirements relating to nord
stream 2.--The requirements under paragraphs (1)(B) and
(2)(D) shall terminate on the date that is 5 years
after the date of the enactment of this Act.
(6) Committees specified.--The committees specified
in this subsection are--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, 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 Appropriations, the Committee on
Financial Services, and the Committee on the
Judiciary of the House of Representatives.
(e) Designation of Embassy Anti-Corruption Points of
Contact.--
(1) In general.--The Secretary of State shall
annually designate an anti-corruption point of contact
at the United States diplomatic post to each country
identified as tier 2 or tier 3 under section 3, or
which the Secretary otherwise determines is in need of
such a point of contact. The point of contact shall be
the chief of mission or the chief of mission's
designee.
(2) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be
responsible for enhancing coordination and promoting
the implementation of a whole-of-government approach
among the relevant Federal departments and agencies
undertaking efforts to--
(A) promote good governance in foreign
countries; and
(B) enhance the ability of such countries--
(i) to combat public corruption; and
(ii) to develop and implement
corruption risk assessment tools and
mitigation strategies.
(3) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of
contact designated under paragraph (1).
----------
111. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. REQUIREMENT TO ATTEMPT RECOVERY OF AIRCRAFT.
The Secretary of Defense shall use amounts appropriated
pursuant to the authorization under section 1212 to attempt to
recover any aircraft that were provided by the United States to
the Afghan security forces that have been relocated to other
countries, including the 46 aircraft flown to Uzbekistan,
during the collapse of the Afghan government.
----------
112. An Amendment To Be Offered by Representative Comer of Kentucky or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XII the following:
SEC. 1214. ADDITIONAL REPORTS REQUIRED OF THE OFFICE OF THE SPECIAL
INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.
The Office of the Special Inspector General for Afghanistan
Reconstruction shall conduct investigations, submit progress
reports on such investigations to the appropriate congressional
committees through the quarterly reports required to be
submitted to such committees under law, and submit to such
committees a final report containing summary of all such
investigations with respect to the withdrawal of United States
and allied forces from Afghanistan, which shall, at a minimum,
include the following:
(1) The types of military equipment provided by the
United States to the Afghanistan military or security
forces that was left in Afghanistan after withdrawal of
United States forces, including equipment provided to
the Afghan Air Force, whether the Taliban have control
over such equipment, and whether it is being moved or
sold to any third parties.
(2) Whether Afghan government officials fled
Afghanistan with United States taxpayer dollars.
(3) Whether funds made available from the Afghan
Security Force Fund were stolen by Afghan government
officials or were diverted from their originally
intended purposes.
(4) Whether equipment provided to Afghanistan
military or security forces was used to assist Afghan
government officials to flee Afghanistan.
----------
113. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. PROTECTION OF SAUDI DISSIDENTS ACT OF 2021.
(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
congressional committees a certification
described in subparagraph (B).
(B) Certification.--A certification described
in this subparagraph 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 section
shall not apply with respect to the sale, authorization
of a license for export, or transfer of any defense
articles or services, design and construction services,
or major defense equipment under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) for use in--
(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 section if the President
submits to the appropriate congressional
committees a report not later than 15 days
before the granting of such waiver that
contains--
(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 section 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 3 years after the date of the enactment of
this Act.
(6) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, and
the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Select Committee on Intelligence, and the
Committee on Armed Services of the Senate.
(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 that ``no transfers or
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
further requires the President to report any
such determination promptly to the Speaker of
the House of Representatives, the Committee on
Foreign Affairs of the House of
Representatives, and to the chairman of the
Committee on Foreign Relations of the Senate.
(2) Report.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit
to the appropriate congressional committees a report
on--
(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).
(3) Form.--The report required by paragraph (2) shall
be submitted in unclassified form but may contain a
classified annex.
(4) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(c) Report and Certification With Respect to Saudi Diplomats
and Diplomatic Facilities in the United States.--
(1) Report.--Not later than 120 days after the date
of the enactment of this Act, the President shall
submit to the appropriate congressional committees a
report covering the three-year period preceding such
date of enactment regarding whether and to what extent
covered persons used diplomatic credentials, visas, or
covered facilities to facilitate monitoring, tracking,
surveillance, or harassment of, or harm to, other
nationals of Saudi Arabia living in the United States.
(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 congressional committees a
certification that the United States Government
has not determined covered persons to be using
diplomatic credentials, visas, or covered
facilities to facilitate serious harassment of,
or harm to, other nationals of Saudi Arabia
living in the United States during the time
period covered by each such certification.
(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
congressional committee a report that
contains--
(I) a detailed explanation of
why the President is unable to
make such a certification;
(II) a list and summary of
engagements of the United
States Government with the
Government of Saudi Arabia
regarding the use of diplomatic
credentials, visas, or covered
facilities described in
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 section if the President
submits to the appropriate congressional
committees a report not later than 15 days
before the granting of such waiver that
contains--
(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 section 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 3 years after the date of the enactment of
this Act.
(6) Definitions.--In this subsection:
(A) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' means--
(i) the Committee on Foreign Affairs
and the Permanent Select Committee on
Intelligence of the House of
Representatives; and
(ii) the Committee on Foreign
Relations and the Select Committee on
Intelligence of the Senate.
(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.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of other
relevant United States intelligence agencies, shall
submit to the appropriate congressional committees a
report with respect to--
(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
paragraph (1), 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 congressional committees.--
The term ``appropriate congressional
committees'' means--
(i) the Committee on Foreign Affairs
and the Permanent Select Committee on
Intelligence of the House of
Representatives; and
(ii) the Committee on Foreign
Relations and the Select Committee on
Intelligence of the Senate.
(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.
----------
114. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. GLOBAL HEALTH SECURITY ACT OF 2021.
(a) Global Health Security Agenda Interagency Review
Council.--
(1) Establishment.--The President shall establish a
Global Health Security Agenda Interagency Review
Council (in this section referred to as the
``Council'') to perform the general responsibilities
described in paragraph (3) and the specific roles and
responsibilities described in paragraph (5).
(2) Meetings.--The Council shall meet not less than
four times per year to advance its mission and fulfill
its responsibilities.
(3) General responsibilities.--The Council shall be
responsible for the following activities:
(A) Provide policy-level recommendations to
participating agencies on Global Health
Security Agenda (GHSA) goals, objectives, and
implementation, and other international efforts
to strengthen pandemic preparedness and
response.
(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)(i) 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.
(ii) The Council shall consider,
among other issues, the following:
(I) The status of United
States financial commitments to
the GHSA in the context of
commitments by other donors,
and the contributions of
partner countries to achieve
the GHSA targets.
(II) The progress toward the
milestones outlined in GHSA
national plans for those
countries where the United
States Government has committed
to assist in implementing the
GHSA and in annual work-plans
outlining agency priorities for
implementing the GHSA.
(III) The external
evaluations of United States
and partner country
capabilities to address
infectious disease threats,
including the ability to
achieve the targets outlined
within the WHO Joint External
Evaluation tool, as well as
gaps identified by such
external evaluations.
(4) Participation.--The Council shall be headed by
the Assistant to the President for National Security
Affairs, in coordination with the heads of relevant
Federal agencies. The Council shall consist of
representatives from the following agencies:
(A) The Department of State.
(B) The Department of Defense.
(C) The Department of Justice.
(D) The Department of Agriculture.
(E) The Department of Health and Human
Services.
(F) The Department of the Treasury.
(G) The Department of Labor.
(H) The Department of Homeland Security.
(I) The Office of Management and Budget.
(J) The Office of the Director of National
Intelligence.
(K) The United States Agency for
International Development.
(L) The Environmental Protection Agency.
(M) The Centers for Disease Control and
Prevention.
(N) The Office of Science and Technology
Policy.
(O) The National Institutes of Health.
(P) The National Institute of Allergy and
Infectious Diseases.
(Q) Such other agencies as the Council
determines to be appropriate.
(5) Specific roles and responsibilities.--
(A) In general.--The heads of agencies
described in paragraph (4) shall--
(i) make the GHSA and its
implementation and global pandemic
preparedness a high priority within
their respective agencies, and include
GHSA- and global pandemic preparedness-
related activities within their
respective agencies' strategic planning
and budget processes;
(ii) designate a senior-level
official to be responsible for the
implementation of this Act;
(iii) designate, in accordance with
paragraph (4), an appropriate
representative at the Assistant
Secretary level or higher to
participate on the Council;
(iv) keep the Council apprised of
GHSA-related activities undertaken
within their respective agencies;
(v) maintain responsibility for
agency-related programmatic functions
in coordination with host governments,
country teams, and GHSA in-country
teams, and in conjunction with other
relevant agencies;
(vi) coordinate with other agencies
that are identified in this section to
satisfy programmatic goals, and further
facilitate coordination of country
teams, implementers, and donors in host
countries; and
(vii) coordinate across national
health security action plans and with
GHSA and other partners, as
appropriate, to which the United States
is providing assistance.
(B) Additional roles and responsibilities.--
In addition to the roles and responsibilities
described in subparagraph (A), the heads of
agencies described in paragraph (4) shall carry
out their respective roles and responsibilities
described in subsections (b) through (i) of
section 3 of Executive Order 13747 (81 Fed.
Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe
and Secure from Infectious Disease Threats), as
in effect on the day before the date of the
enactment of this Act.
(b) United States Coordinator for Global Health Security.--
(1) In general.--The President shall appoint an
individual to the position of United States Coordinator
for Global Health Security, who shall be responsible
for the coordination of the interagency process for
responding to global health security emergencies. As
appropriate, the designee shall coordinate with the
President's Special Coordinator for International
Disaster Assistance.
(2) Congressional briefing.--Not less frequently than
twice each year, the employee designated under this
section shall provide to the appropriate congressional
committees a briefing on the responsibilities and
activities of the individual under this section.
(c) Strategy and Reports.--
(1) Statement of policy.--It is the policy of the
United States to--
(A) promote and invest in global health
security and pandemic preparedness as a core
national security interest;
(B) advance the aims of the Global Health
Security Agenda;
(C) collaborate with other countries to
detect and mitigate outbreaks early to prevent
the spread of disease;
(D) encourage and support other countries to
advance pandemic preparedness by investing in
basic resilient and sustainable health care
systems; and
(E) strengthen global health security across
the intersection of human and animal health to
prepare for and prevent infectious disease
outbreaks and combat the growing threat of
antimicrobial resistance.
(2) Strategy.--The President shall coordinate the
development and implementation of a strategy to
implement the policy aims described in paragraph (1),
which shall--
(A) seek to strengthen United States
diplomatic leadership and improve the
effectiveness of United States foreign
assistance for global health security to
prevent, detect, and respond to infectious
disease threats, including through advancement
of the Global Health Security Agenda (GHSA),
the International Health Regulations (2005),
and other relevant frameworks that contribute
to global health security and pandemic
preparedness;
(B) establish specific and measurable goals,
benchmarks, timetables, performance metrics,
and monitoring and evaluation plans for United
States foreign assistance for global health
security that promote learning and reflect
international best practices relating to global
health security, transparency, and
accountability;
(C) establish mechanisms to improve
coordination and avoid duplication of effort
between the United States Government and
partner countries, donor countries, the private
sector, multilateral organizations, and other
key stakeholders;
(D) prioritize working with partner countries
with demonstrated--
(i) need, as identified through the
Joint External Evaluation process, the
Global Health Security Index
classification of health systems,
national action plans for health
security, GHSA Action Packages, and
other complementary or successor
indicators of global health security
and pandemic preparedness; and
(ii) 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 promoting partner country
ownership, improved domestic resource
mobilization, co-financing, and appropriate
national budget allocations for global health
security and pandemic preparedness and
response;
(F) assist partner countries in building the
technical capacity of relevant ministries,
systems, and networks to prepare, execute,
monitor, and evaluate effective national action
plans for health security, including mechanisms
to enhance budget and global health data
transparency, as necessary and appropriate;
(G) support and be aligned with country-owned
global health security policy and investment
plans developed with input from key
stakeholders, as appropriate;
(H) facilitate communication and
collaboration, as appropriate, among local
stakeholders in support of a multi-sectoral
approach to global health security;
(I) support the long-term success of programs
by building the capacity of local organizations
and institutions in target countries and
communities;
(J) develop community resilience to
infectious disease threats and emergencies;
(K) support global health budget and
workforce planning in partner countries,
including training in financial management and
budget and global health data transparency;
(L) align United States foreign assistance
for global health security with national action
plans for health security in partner countries,
developed with input from key stakeholders,
including the private sector, to the greatest
extent practicable and appropriate;
(M) strengthen linkages between complementary
bilateral and multilateral foreign assistance
programs, including efforts of the World Bank,
the World Health Organization, the Global Fund
to Fight AIDS, Tuberculosis, and Malaria, and
Gavi, the Vaccine Alliance, that contribute to
the development of more resilient health
systems and supply chains in partner countries
with the capacity, resources, and personnel
required to prevent, detect, and respond to
infectious disease threats;
(N) support innovation and public-private
partnerships to improve pandemic preparedness
and response, including for the development and
deployment of effective, accessible, and
affordable infectious disease tracking tools,
diagnostics, therapeutics, and vaccines;
(O) support collaboration with and among
relevant public and private research entities
engaged in global health security; and
(P) support collaboration between United
States universities and public and private
institutions in partner countries that promote
global health security and innovation.
(3) Strategy submission.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the President, in consultation with the head of
each relevant Federal department and agency,
shall submit to the appropriate congressional
committees the strategy required under
paragraph (2) that provides a detailed
description of how the United States intends to
advance the policy set forth in paragraph (1)
and the agency-specific plans described in
subparagraph (B).
(B) Agency-specific plans.--The strategy
required under subsection (a) shall include
specific implementation plans from each
relevant Federal department and agency that
describe--
(i) the anticipated contributions of
the department or agency, including
technical, financial, and in-kind
contributions, to implement the
strategy; and
(ii) the efforts of the department or
agency to ensure that the activities
and programs carried out pursuant to
the strategy are designed to achieve
maximum impact and long-term
sustainability.
(4) Report.--
(A) In general.--Not later than 1 year after
the date on which the strategy required under
paragraph (2) is submitted to the appropriate
congressional committees under paragraph (3),
and not later than October 1 of each year
thereafter, the President shall submit to the
appropriate congressional committees a report
that describes the status of the implementation
of the strategy.
(B) Contents.--The report required under
subparagraph (A) shall--
(i) identify any substantial changes
made in the strategy during the
preceding calendar year;
(ii) describe the progress made in
implementing the strategy;
(iii) identify the indicators used to
establish benchmarks and measure
results over time, as well as the
mechanisms for reporting such results
in an open and transparent manner;
(iv) contain a transparent, open, and
detailed accounting of expenditures by
relevant Federal departments and
agencies to implement the strategy,
including, to the extent practicable,
for each Federal department and agency,
the statutory source of expenditures,
amounts expended, partners, targeted
populations, and types of activities
supported;
(v) describe how the strategy
leverages other United States global
health and development assistance
programs and bilateral and multilateral
institutions;
(vi) assess efforts to coordinate
United States global health security
programs, activities, and initiatives
with key stakeholders;
(vii) incorporate a plan for
regularly reviewing and updating
strategies, partnerships, and programs
and sharing lessons learned with a wide
range of stakeholders, including key
stakeholders, in an open, transparent
manner; and
(viii) describe the progress achieved
and challenges concerning the United
States Government's ability to advance
GHSA and pandemic preparedness,
including data disaggregated by
priority country using indicators that
are consistent on a year-to-year basis
and recommendations to resolve,
mitigate, or otherwise address the
challenges identified therein.
(5) Form.--The strategy required under paragraph (2)
and the report required under paragraph (4) shall be
submitted in unclassified form but may contain a
classified annex.
(d) Establishment of Fund for Global Health Security and
Pandemic Preparedness.--
(1) Negotiations for establishment of a fund for
global health security and pandemic preparedness.--The
Secretary of State, in coordination with the Secretary
of the Treasury, the Administrator of the United States
Agency for International Development, the Secretary of
Health and Human Services, and the heads of other
relevant Federal departments and agencies as necessary
and appropriate, should seek to enter into negotiations
with donors, relevant United Nations agencies,
including the World Health Organization, and other key
multilateral stakeholders, for the establishment of--
(A) a multilateral, catalytic financing
mechanism for global health security and
pandemic preparedness, which may be known as
the Fund for Global Health Security and
Pandemic Preparedness (in this title referred
to as ``the Fund''), in accordance with the
provisions of this section; and
(B) an Advisory Board to the Fund in
accordance with subsection (g).
(2) Purpose.--The purpose of the Fund should be to
close critical gaps in global health security and
pandemic preparedness and build capacity in eligible
partner countries in the areas of global health
security, infectious disease control, and pandemic
preparedness, such that it--
(A) prioritizes capacity building and
financing availability in eligible partner
countries;
(B) incentivizes countries to prioritize the
use of domestic resources for global health
security and pandemic preparedness;
(C) leverages government, nongovernment, and
private sector investments;
(D) regularly responds to and evaluates
progress based on clear metrics and benchmarks,
such as the Joint External Evaluation and
Global Health Security Index;
(E) aligns with and complements ongoing
bilateral and multilateral efforts and
financing, including through the World Bank,
the World Health Organization, the Global Fund
to Fight AIDS, Tuberculosis, and Malaria, and
Gavi, the Vaccine Alliance; and
(F) accelerates country compliance with the
International Health Regulations (2005) and
fulfillment of the Global Health Security
Agenda 2024 Framework, in coordination with the
ongoing Joint External Evaluation national
action planning process.
(3) Executive board.--
(A) In general.--The Fund should be governed
by an Executive Board, which should be composed
of not more than 20 representatives of donor
governments, foundations, academic
institutions, civil society, and the private
sector that meet a minimum threshold in annual
contributions and agree to uphold transparency
measures.
(B) Duties.--The Executive Board should be
charged with approving strategies, operations,
and grant-making authorities, such that it is
able to conduct effective fiduciary,
monitoring, and evaluation efforts, and other
oversight functions. In addition, the Executive
Board should--
(i) be comprised only of contributors
to the Fund at not less than the
minimum threshold to be established
pursuant to subparagraph (A);
(ii) determine operational procedures
such that the Fund is able to
effectively fulfill its mission; and
(iii) provide oversight and
accountability for the Fund in
collaboration with the Inspector
General to be established pursuant to
subsection (f)(5)(A).
(C) Composition.--The Executive Board should
include--
(i) representatives of the
governments of founding permanent
member countries who, in addition to
the requirements in subparagraph (A),
qualify based upon meeting an
established initial contribution
threshold, which should be not less
than 10 percent of total initial
contributions, and a demonstrated
commitment to supporting the
International Health Regulations
(2005);
(ii) term members, who are from
academic institutions, civil society,
and the private sector and are selected
by the permanent members on the basis
of their experience and commitment to
innovation, best practices, and the
advancement of global health security
objectives; and
(iii) representatives of the World
Health Organization, and the chair of
the Global Health Security Steering
Group.
(D) 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.
(E) Conflicts of interest.--
(i) Technical experts.--The Executive
Board may include independent technical
experts, provided they are not
affiliated with or employed by a
recipient country or organization.
(ii) Multilateral bodies and
institutions.--Executive Board members
appointed under subparagraph (C)(iii)
should recuse themselves from matters
presenting conflicts of interest,
including financing decisions relating
to such bodies and institutions.
(F) United states representation.--
(i) In general.--
(I) Founding permanent
member.--The Secretary of State
shall seek to establish the
United States as a founding
permanent member of the Fund.
(II) United states
representation.--The United
States shall be represented on
the Executive Board by an
officer or employee of the
United States appointed by the
President.
(ii) Effective and termination
dates.--
(I) Effective date.--This
paragraph shall take effect
upon the date the Secretary of
State certifies and transmits
to Congress an agreement
establishing the Fund.
(II) Termination date.--The
membership established pursuant
to clause (i) shall terminate
upon the date of termination of
the Fund.
(G) Removal procedures.--The Fund should
establish procedures for the removal of members
of the Executive Board who engage in a
consistent pattern of human rights abuses, fail
to uphold global health data transparency
requirements, or otherwise violate the
established standards of the Fund, including in
relation to corruption.
(H) Enforceability.--Any agreement concluded
under the authorities provided by this section
shall be legally effective and binding upon the
United States, as may be provided in the
agreement, upon--
(i) the enactment of appropriate
implementing legislation which provides
for the approval of the specific
agreement or agreements, including
attachments, annexes, and supporting
documentation, as appropriate; or
(ii) if concluded and submitted as a
treaty, receiving the necessary consent
of the Senate.
(I) Eligible partner country defined.--In
this section, the term ``eligible partner
country'' means a country with demonstrated--
(i) need, as identified through the
Joint External Evaluation process, the
Global Health Security Index
classification of health systems,
national action plans for health
security, and other complementary or
successor indicators of global health
security and pandemic preparedness; and
(ii) commitment to transparency,
including budget and global health data
transparency, complying with the
International Health Regulations
(2005), investing in domestic health
systems, and achieving measurable
results, and in which the Fund for
Global Health Security and Pandemic
Preparedness established under this
section may finance global health
security and pandemic preparedness
assistance programs under this Act.
(e) Fund Authorities.--
(1) Program objectives.--
(A) In general.--In carrying out the purpose
set forth in subsection (d), the Fund, acting
through the Executive Board, should provide
grants, including challenge grants, technical
assistance, concessional lending, catalytic
investment funds, and other innovative funding
mechanisms, as appropriate, to--
(i) help eligible partner countries
close critical gaps in health security,
as identified through the Joint
External Evaluation process, the Global
Health Security Index classification of
health systems, and national action
plans for health security and other
complementary or successor indicators
of global health security and pandemic
preparedness; and
(ii) support measures that enable
such countries, at both national and
sub-national levels, and in partnership
with civil society and the private
sector, to strengthen and sustain
resilient health systems and supply
chains with the resources, capacity,
and personnel required to prevent,
detect, mitigate, and respond to
infectious disease threats before they
become pandemics.
(B) Activities supported.--The activities to
be supported by the Fund should include efforts
to--
(i) enable eligible partner countries
to formulate and implement national
health security and pandemic
preparedness action plans, advance
action packages under the Global Health
Security Agenda, and adopt and uphold
commitments under the International
Health Regulations (2005) and other
related international health
agreements, as appropriate;
(ii) support global health security
budget planning in eligible partner
countries, including training in
financial management and budget and
global health data transparency;
(iii) strengthen the health security
workforce, including hiring, training,
and deploying experts to improve
frontline preparedness for emerging
epidemic and pandemic threats;
(iv) improve infection control and
the protection of healthcare workers
within healthcare settings;
(v) combat the threat of
antimicrobial resistance;
(vi) strengthen laboratory capacity
and promote biosafety and biosecurity
through the provision of material and
technical assistance;
(vii) reduce the risk of
bioterrorism, zoonotic disease
spillover, and accidental biological
release;
(viii) build technical capacity to
manage global health security related
supply chains, including for personal
protective equipment, oxygen, testing
reagents, and other lifesaving
supplies, through effective
forecasting, procurement, warehousing,
and delivery from central warehouses to
points of service in both the public
and private sectors;
(ix) 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;
(x) establish partnerships for the
sharing of best practices and enabling
eligible countries to meet targets and
indicators under the Joint External
Evaluation process, the Global Health
Security Index classification of health
systems, and national action plans for
health security relating to the
detection, treatment, and prevention of
neglected tropical diseases;
(xi) build the technical capacity of
eligible partner countries to prepare
for and respond to second order
development impacts of infectious
disease outbreaks, while accounting for
the differentiated needs and
vulnerabilities of marginalized
populations;
(xii) develop and utilize metrics to
monitor and evaluate programmatic
performance and identify best
practices, including in accordance with
Joint External Evaluation benchmarks,
Global Health Security Agenda targets,
and Global Health Security Index
indicators;
(xiii) develop and deploy mechanisms
to enhance the transparency and
accountability of global health
security and pandemic preparedness
programs and data, in compliance with
the International Health Regulations
(2005), including through the sharing
of trends, risks, and lessons learned;
and
(xiv) develop and implement
simulation exercises, produce and
release after action reports, and
address related gaps.
(C) Implementation of program objectives.--In
carrying out the objectives of this paragraph,
the Fund should work to eliminate duplication
and waste by upholding strict transparency and
accountability standards and coordinating its
programs and activities with key partners
working to advance global health security and
pandemic preparedness, including--
(i) governments, civil society,
faith-based, and nongovernmental
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
subparagraph (B)(ix);
(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 Global Polio Eradication
Initiative; and
(xi) the United States Coordinator
for Global Health Security and
Diplomacy established under subsection
(b).
(2) Priority.--In providing assistance under this
section, 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 preparedness identified under
Joint External Evaluations and national action
plans for health security;
(C) demonstrated political and financial
commitment to pandemic preparedness; and
(D) demonstrated commitment to upholding
global health budget and data transparency and
accountability standards, complying with the
International Health Regulations (2005),
investing in domestic health systems, and
achieving measurable results.
(3) Eligible grant recipients.--Governments and
nongovernmental organizations should be eligible to
receive grants as described in this section.
(f) Fund Administration.--
(1) Appointment of an administrator.--The Executive
Board of the Fund should appoint an Administrator who
should be responsible for managing the day-to-day
operations of the Fund.
(2) Authority to solicit and accept contributions.--
The Fund should be authorized to solicit and accept
contributions from governments, the private sector,
foundations, individuals, and nongovernmental entities
of all kinds.
(3) Accountability of funds and criteria for
programs.--As part of the negotiations described in
subsection (d)(1), the Secretary of the State, shall,
consistent with paragraph (4)--
(A) take such actions as are necessary to
ensure that the Fund will have in effect
adequate procedures and standards to account
for and monitor the use of funds contributed to
the Fund, including the cost of administering
the Fund; and
(B) 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, to include transparent metrics to
measure and assess global health security and
pandemic 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;
(E) such rules and procedures as may be
necessary for cost-effective management of the
Fund; and
(F) such rules and procedures as may be
necessary 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 an independent Office of
the Inspector General and ensure that
the office has the requisite resources
and capacity to regularly conduct and
publish, on a publicly accessible
website, rigorous financial,
programmatic, and reporting audits and
investigations of the Fund and its
grantees.
(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
under a grant, as determined by
the Inspector General, the
responsible grant recipient
should be assessed at a
recovery rate of up to 150
percent of such loss.
(B) Administrative expenses.--The Secretary
of State shall seek to ensure the Fund
establishes, maintains, and makes publicly
available a system to track the administrative
and management costs of the Fund on a quarterly
basis.
(C) Financial tracking systems.--The
Secretary of State shall ensure that the Fund
establishes, maintains, and makes publicly
available a system to track the amount of funds
disbursed to each grant recipient and sub-
recipient during a grant's fiscal cycle.
(g) Fund Advisory Board.--
(1) In general.--There should be an Advisory Board to
the Fund.
(2) Appointments.--The members of the Advisory Board
should be composed of--
(A) individuals with experience and
leadership in the fields of development, global
health, epidemiology, medicine, biomedical
research, and social sciences; and
(B) representatives of relevant United
Nations agencies, including the World Health
Organization, and nongovernmental organizations
with on-the-ground experience in implementing
global health programs in low and lower-middle
income countries.
(3) Responsibilities.--The Advisory Board should
provide advice and guidance to the Executive Board of
the Fund on the development and implementation of
programs and projects to be assisted by the Fund and on
leveraging donations to the Fund.
(4) Prohibition on payment of compensation.--
(A) In general.--Except for travel expenses
(including per diem in lieu of subsistence), no
member of the Advisory Board should receive
compensation for services performed as a member
of the Board.
(B) United states representative.--
Notwithstanding any other provision of law
(including an international agreement), a
representative of the United States on the
Advisory Board may not accept compensation for
services performed as a member of the Board,
except that such representative may accept
travel expenses, including per diem in lieu of
subsistence, while away from the
representative's home or regular place of
business in the performance of services for the
Board.
(5) Conflicts of interest.--Members of the Advisory
Board should be required to disclose any potential
conflicts of interest prior to serving on the Advisory
Board.
(h) Reports to Congress on the Fund.--
(1) Status report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State,
in coordination with the Administrator of the United
States Agency for International Development, and the
heads of other relevant Federal departments and
agencies, shall submit to the appropriate congressional
committees a report detailing the progress of
international negotiations to establish the Fund.
(2) Annual report.--
(A) In general.--Not later than 1 year after
the date of the establishment of the Fund, and
annually thereafter for the duration of the
Fund, the Secretary of State, shall submit to
the appropriate congressional committees a
report on the Fund.
(B) Report elements.--The report shall
include a description of--
(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.
(3) Gao report on effectiveness.--Not later than 2
years after the date that the Fund comes into effect,
the Comptroller General of the United States shall
submit to the appropriate congressional committees a
report evaluating the effectiveness of the Fund,
including--
(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.
(i) United States Contributions.--
(1) In general.--Subject to submission of the
certification under this section, the President is
authorized to make available for United States
contributions to the Fund such funds as may be
authorized to be made available for such purpose.
(2) Notification.--The Secretary of State shall
notify the appropriate congressional committees not
later than 15 days in advance of making a contribution
to the Fund, including--
(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.--At no point during the 5 years after
the date of the enactment of this Act shall a United
States contribution to the Fund cause the cumulative
total of United States contributions to the Fund to
exceed 33 percent of the total contributions to the
Fund from all sources.
(4) Withholdings.--
(A) Support for acts of international
terrorism.--If at any time the Secretary of
State determines that the Fund has provided
assistance to a country, the government of
which the Secretary of State has determined,
for purposes of section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) has
repeatedly provided support for acts of
international terrorism, the United States
shall withhold from its contribution to the
Fund for the next fiscal year an amount equal
to the amount expended by the Fund to the
government of such country.
(B) Excessive salaries.--If at any time
during the five years after enactment of this
Act, the Secretary of State determines that the
salary of any individual employed by the Fund
exceeds the salary of the Vice President of the
United States for that fiscal year, then the
United States should withhold from its
contribution for the next fiscal year an amount
equal to the aggregate amount by which the
salary of each such individual exceeds the
salary of the Vice President of the United
States.
(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 Inspector General of
the United States Agency for International
Development, and the Comptroller General of the
United States to the Fund's financial data and
other information relevant to United States
contributions to the Fund (as determined by the
Inspector General of the Department of State,
in consultation with the Secretary of State).
(j) 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 (C), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(E) section [__] of the National Defense
Authorization Act for Fiscal Year 2022.''.
(k) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional Committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and
pandemic preparedness and capabilities at the country
and global levels in order to minimize vulnerability to
acute public health events that can endanger the health
of populations across geographical regions and
international boundaries.
(l) Sunset.--This section, and the amendments made by this
section, shall cease to have force or effect on the date that
is 5 years after the date of the enactment of this Act.
----------
115. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13__. REPORT ON PARTICIPANTS IN SECURITY COOPERATION TRAINING
PROGRAMS AND RECIPIENTS OF SECURITY ASSISTANCE
TRAINING THAT HAVE BEEN DESIGNATED FOR HUMAN RIGHTS
ABUSES, TERRORIST ACTIVITIES OR PARTICIPATION IN A
MILITARY COUP.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report on
individuals and units of security forces of foreign countries
that--
(1) have participated in security cooperation
training programs or received security assistance
training authorized under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or title 10, United
States Code; and
(2) at any time during the period beginning on
January 1, 2010, and ending on the date of the
enactment of this Act--
(A) have been subject to United States
sanctions relating to violations of human
rights under any provision of law, including
under--
(i) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656
note);
(ii) section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C.
2378d); or
(iii) section 362 of title 10, United
States Code;
(B) have been subject to United States
sanctions relating to terrorist activities
under authorities provided in--
(i) section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(ii) the National Emergencies Act (50
U.S.C. 1601 et seq.);
(iii) the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.), other than sanctions on the
importation of goods provided for under
such Act; or
(iv) any other provision of law; or
(C) have been subject to United States
sanctions relating to involvement in a military
coup under any provision of law.
(b) Update.--The Secretary of State and the Secretary of
Defense, in consultation with the heads of other appropriate
Federal departments and agencies, shall submit to the
appropriate congressional committees an annual update of the
report required by subsection (a) on individuals and units of
security forces of foreign countries that--
(1) have participated in security cooperation
training programs or received security assistance
training authorized under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or title 10, United
States Code; and
(2) at any time during the preceding year, any of the
provisions of subparagraph (A),(B), or (C) of
subsection (a)(2) have applied with respect to such
individuals or units.
(c) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 30 days after
receiving a written request from the chairperson and ranking
member of the one of the appropriate congressional committees
with respect to whether an individual or unit of security
forces of foreign countries has received training described in
subsection (a)(1), the Secretary of State and the Secretary of
Defense, in consultation with the heads of other appropriate
agencies, shall--
(1) determine if that individual or unit has received
such training; and
(2) submit a report to the chairperson and ranking
member of that committee with respect to that
determination that includes a detailed description of
the training the individual received.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) 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) Good.--The term ``good'' means any article,
natural or man-made substance, material, supply or
manufactured product, including inspection and test
equipment, and excluding technical data.
----------
116. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
Page 1390, after line 19, add the following new section (and
update the table of contents accordingly):
SEC. 6013. CODIFICATION OF THE FEDRAMP PROGRAM.
(a) Amendment.--Chapter 36 of title 44, United States Code,
is amended by adding at the end the following new sections:
``Sec. 3607. Federal risk and authorization management program
``There is established within the General Services
Administration the Federal Risk and Authorization Management
Program (FedRAMP). The Administrator of General Services,
subject to section 3612, shall establish a governmentwide
program that provides a standardized, reusable approach to
security assessment and authorization for cloud computing
products and services that process unclassified information
used by agencies.
``Sec. 3608. Roles and responsibilities of the general services
administration
``(a) Roles and Responsibilities.--The Administrator of
General Services shall--
``(1) develop, coordinate, and implement a process to
support agency review, reuse, and standardization,
where appropriate, of security assessments of cloud
computing products and services, including appropriate
oversight of continuous monitoring of cloud computing
products and services, pursuant to guidance issued by
the Director pursuant to section 3612;
``(2) establish processes and identify criteria,
consistent with guidance issued by the Director in
section 3612, which would make a cloud computing
product or service eligible for a FedRAMP authorization
and validate whether a cloud computing product or
service has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support
the authorization of cloud computing products and
services and increase the speed, effectiveness, and
transparency of the authorization process, consistent
with standards defined by the National Institute of
Standards and Technology and relevant statutes;
``(4) grant FedRAMP authorizations to cloud computing
products and services, consistent with the guidance and
direction of the FedRAMP board established in section
3609;
``(5) establish and maintain a public comment process
for proposed guidance and other program directives that
may have a direct impact on cloud service providers and
agencies before the issuance of such guidance or other
programmatic directives;
``(6) coordinate with the FedRAMP board, the Director
of the Cybersecurity and Infrastructure Security
Agency, and other entities identified by the
Administrator, with the concurrence of the Director, to
establish and regularly update a framework for
continuous monitoring under section 3553;
``(7) provide a secure mechanism for storing and
sharing necessary data, including FedRAMP authorization
packages, to enable better reuse of such packages
across agencies, including making available any
information and data necessary for agencies to fulfill
the requirements of subsection 3611;
``(8) provide regular updates to applicant cloud
service providers on the status of any cloud computing
product or service during an assessment process;
``(9) regularly review, in consultation with the
FedRAMP Board, the costs associated with the
independent assessment services of third-party
organizations referenced in section 3610;
``(10) support the Federal Secure Cloud Advisory
Committee, established pursuant to subsection 3615; and
``(11) such other actions as the Administrator may
determine necessary to improve the program.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a
public website to serve as the authoritative repository
for the program, including the timely publication and
updates for all relevant information, guidance,
determinations, and other materials required under
subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make
publicly available on the website described in
paragraph (1) the criteria and process for prioritizing
and selecting cloud computing products and services
that will receive a FedRAMP authorization, in
consultation with the FedRAMP Board and the Chief
Information Officers Council established in section
3603.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator shall assess and
evaluate available automation capabilities and
procedures to improve the efficiency and effectiveness
of the issuance of FedRAMP authorizations, including
continuous monitoring of cloud computing products and
services.
``(2) Means for automation.--Not later than 1 year
after the date of the enactment of this section, and
updated regularly thereafter, the Administrator shall
establish a means for the automation of security
assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall
establish annual metrics regarding the time and quality of the
assessments necessary for completion of a FedRAMP authorization
process in a manner that can be consistently tracked over time
in conjunction with the periodic testing and evaluation process
pursuant to section 3554 in a manner that minimizes the agency
reporting burden.
``Sec. 3609. FedRAMP board
``(a) Establishment.--There is established a FedRAMP board to
provide input and recommendations to the Administrator
regarding the requirements and guidelines for security
assessments of cloud computing products and services developed
under subsection (d) of this section.
``(b) Membership.--The board shall consist of not more than
seven senior officials or experts from agencies , appointed by
the Director, in consultation with the Administrator, from each
of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the
Director, in consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP board appointed
under subsection (b) shall have technical expertise in domains
relevant to the program, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director
to support the secure authorization of cloud services
and products.
``(d) Duties.--The FedRAMP board shall--
``(1) in consultation with the Administrator, serve
as a resource for best practices to accelerate the
process for obtaining a FedRAMP authorization;
``(2) review and approve requirements and guidelines
for security authorizations of cloud computing products
and services, consistent with standards defined by the
National Institute of Standards and Technology, to be
used in the determination of FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which
agencies determine and validate requirements for a
FedRAMP authorization, including periodic review of the
agency determinations described in section 3611(b), and
ensure consistency and transparency between agencies
and cloud service providers in a manner that minimizes
confusion and engenders trust; and
``(4) perform such other roles and responsibilities
as the Director may assign, with concurrence from the
Administrator.
``(e) Determinations of Demand for Cloud Computing Products
and Services.--The FedRAMP Board may consult with the Chief
Information Officers Council established in section 3603 to
establish a process, that may be made available the website
referenced in section 3608, for prioritizing and accepting the
cloud computing products and services to be granted a FedRAMP
authorization.
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Administrator may,
consistent with guidance issued by the Director, determine the
requirements for accreditation of a third-party organization to
perform independent assessments and other activities that will
improve the overall performance of the program and reduce the
cost of FedRAMP authorizations for cloud service providers.
Such requirements may include developing or requiring
certification programs for individuals employed by the third-
party organization seeking accreditation.
``(b) Certification.--The Administrator or their designee may
accredit any third-party organization that meets the
requirements for accreditation. If accredited pursuant to the
requirements defined pursuant to subsection (a), a certified
independent assessment organization may assess, validate, and
attest to the quality and compliance of security assessment
materials provided by cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of the
program, the head of each agency shall, consistent with
guidance issued by the Director pursuant to section 3612--
``(1) promote the use of cloud computing products and
services which meet FedRAMP security requirements and
other risk-based performance requirements as defined by
the Director;
``(2) confirm whether there is a FedRAMP
authorization in the secure mechanism established under
section 3608(b)(10) before beginning the process to
grant a FedRAMP authorization for a cloud computing
product or service;
``(3) to the extent practicable, for any cloud
computing product or service the agency seeks to
authorize that has received a FedRAMP authorization,
use the existing assessments of security controls and
materials within the FedRAMP authorization package; and
``(4) provide data and information required to the
Director pursuant to section 3612 to determine how
agencies are meeting metrics as defined by the
Administrator.
``(b) Attestation.--To the extent an agency determines that
the information and data they have reviewed pursuant to
subsection (a)(2) is wholly or substantially deficient for the
purposes of performing an authorization of cloud computing
products or services, the head of the agency shall document as
part of the resulting FedRAMP authorization package the reasons
for this determination upon completion of any assessment or
authorization activities for that particular cloud computing
product or service.
``(c) Submission of Authorizations to Operate Required.--Upon
issuance of an agency authorization to operate based on a
FedRAMP authorization, the head of the agency shall provide a
copy of its authorization to operate letter and any
supplementary information required pursuant to section 3608(a)
to the Administrator.
``(d) Submission of Policies Required.--Not later than 6
months after the date on which the Director issues guidance in
accordance with section 3612, the head of each agency, acting
through the agency Chief Information Officer, shall submit to
the Director all agency policies created related to the
authorization of cloud computing products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security
controls and materials within the authorization package
for a FedRAMP authorization shall be presumed adequate
for use in an agency authorization to operate cloud
computing products and services.
``(2) Information security requirements.--The
presumption under paragraph (1) does not modify or
alter the responsibility of any agency to ensure
compliance with subchapter II of chapter 35 for any
cloud computing products or services used by the
agency.
``Sec. 3612. Roles and responsibilities of the office of management and
budget
``(a) Roles and Responsibilities.--The Director shall:
``(1) Issue guidance to specify the categories or
characteristics of cloud computing products and
services, in consultation with the Administrator, for
which agencies must obtain or use a FedRAMP
authorization before operating such a product or
service as a Federal information system. Such guidance
shall encompass, to the greatest extent practicable,
all necessary and appropriate cloud computing products
and services.
``(2) Issue guidance describing additional
responsibilities of the FedRAMP program and board to
accelerate the adoption of secure cloud computing
services in the Federal Government.
``(3) Oversee the effectiveness of the FedRAMP
program and board, including compliance by the FedRAMP
board with its duties as described in section 3609.
``(4) To the greatest extent practicable, encourage
and promote consistency of guidance on the adoption,
security, and use of cloud computing products and
services used within agencies.
``Sec. 3613. Authorization of appropriations for FedRAMP
``There is authorized to be appropriated $20,000,000 each
year for the FedRAMP Program and Board.
``Sec. 3614. Reports to Congress; GAO report
``(a) Reports to Congress.--Not later than 12 months after
the date of the enactment of this section, and annually
thereafter, the Director shall submit to the Committee on
Oversight and Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following:
``(1) The status, efficiency, and effectiveness of
the General Services Administration, pursuant to
section 3608, and agencies, pursuant to section 3611,
during the preceding year in supporting the speed,
effectiveness, sharing, reuse, and security of
authorizations to operate for cloud computing products
and services.
``(2) Progress towards meeting the metrics required
pursuant to section 3608(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the previous year.
``(6) A review of progress made during the preceding
year in advancing automation techniques to securely
automate FedRAMP processes and to accelerate reporting
as described in this section.
``(7) The number and characteristics of authorized
cloud computing products and services in use at each
agency consistent with guidance provided by the
Director in section 3612.
``(b) GAO Report.--Not later than 6 months after the date of
the enactment of this section, the Comptroller General of the
United States shall publish a report that includes an
assessment of the cost incurred by agencies and cloud service
providers related to the issuance of FedRAMP authorizations.
``Sec. 3615. Federal secure cloud advisory committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal
Secure Cloud Advisory Committee (referred to in this
section as the `Committee') to ensure effective and
ongoing coordination of agency adoption, use,
authorization, monitoring, acquisition, and security of
cloud computing products and services to enable agency
mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are
the following:
``(A) To examine the operations of FedRAMP
and determine ways that authorization processes
can continuously be improved, including the
following:
``(i) Measures to increase agency re-
use of FedRAMP authorizations.
``(ii) Proposed actions that can be
adopted to reduce the burden,
confusion, and cost associated with
FedRAMP authorizations for cloud
service providers.
``(iii) Measures to increase the
number of FedRAMP authorizations for
cloud computing services offered by
small businesses (as defined by section
3(a) of the Small Business Act (15
U.S.C. 632(a)).
``(iv) Proposed actions that can be
adopted to reduce the burden and cost
of FedRAMP authorizations for agencies.
``(B) Collect information and feedback on
agency compliance with and implementation of
FedRAMP requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the
FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, to provide advice and recommendations to the
Administrator, the FedRAMP Board, and to agencies on
technical, financial, programmatic, and operational
matters regarding secure adoption of cloud computing
products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised
of not more than 15 members who are qualified
representatives from the public and private sectors,
appointed by the Administrator, in consultation with
the Director, as follows:
``(A) The Administrator or the
Administrator's designee, who shall be the
Chair of the Committee.
``(B) At least one representative each from
the Cybersecurity and Infrastructure Security
Agency and the National Institute of Standards
and Technology.
``(C) At least two officials who serve as the
Chief Information Security Officer within an
agency, who shall be required to maintain such
a position throughout the duration of their
service on the Committee.
``(D) At least one official serving as Chief
Procurement Officer (or equivalent) in an
agency, who shall be required to maintain such
a position throughout the duration of their
service on the Committee.
``(E) At least one individual representing an
independent assessment organization.
``(F) No fewer than five representatives from
unique businesses that primarily provide cloud
computing services or products, including at
least two representatives from a small business
(as defined by section 3(a) of the Small
Business Act (15 U.S.C. 632(a))).
``(G) At least two other Government
representatives as the Administrator determines
to be necessary to provide sufficient balance,
insights, or expertise to the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days
after the date of the enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of
the Committee shall be appointed for a term of
3 years, except that the initial terms for
members may be staggered 1-,
2-, or 3-year terms to establish a rotation in
which one-third of the members are selected
each year. Any such member may be appointed for
not more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the
Committee shall not affect its powers, but
shall be filled in the same manner in which the
original appointment was made. Any member
appointed to fill a vacancy occurring before
the expiration of the term for which the
member's predecessor was appointed shall be
appointed only for the remainder of that term.
A member may serve after the expiration of that
member's term until a successor has taken
office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer
than three meetings in a calendar year, at such time
and place as determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after
the date of the enactment of this section, the
Committee shall meet and begin the operations of the
Committee.
``(3) Rules of procedure.--The Committee may
establish rules for the conduct of the business of the
Committee, if such rules are not inconsistent with this
section or other applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other
than a member who is appointed to the Committee in
connection with another Federal appointment) shall not
be considered an employee of the Federal Government by
reason of any service as such a member, except for the
purposes of section 5703 of title 5, relating to travel
expenses.
``(2) Pay not permitted.--A member of the Committee
covered by paragraph (1) may not receive pay by reason
of service on the Committee.
``(e) Applicability to the Federal Advisory Committee Act.--
Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee
may be detailed to the Committee without reimbursement from the
Committee, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
``(g) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to
the Administrator and Congress interim reports
containing such findings, conclusions, and
recommendations as have been agreed to by the
Committee.
``(2) Annual reports.--Not later than 18 months after
the date of the enactment of this section, and annually
thereafter, the Committee shall submit to the
Administrator and Congress a final report containing
such findings, conclusions, and recommendations as have
been agreed to by the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to sections
3607 through this section.
``(b) Additional Definitions.--In sections 3607 through this
section:
``(1) Administrator.--The term `Administrator' means
the Administrator of General Services.
``(2) Cloud computing.--The term `cloud computing'
shall have the meaning given by the National Institutes
of Standards and Technology Special Publication 800-
145.
``(3) Cloud service provider.--The term `cloud
service provider' means an entity offering cloud
computing products or services to agencies.
``(4) Director.--The term `Director' means the
Director of the Office of Management and Budget.
``(5) Fedramp.--The term `FedRAMP' means the Federal
Risk and Authorization Management Program established
under section 3607(a).
``(6) Fedramp authorization.--The term `FedRAMP
authorization' means a certification that a cloud
computing product or service has completed a FedRAMP
authorization process, as determined by the
Administrator or received a FedRAMP provisional
authorization to operate as determined by the FedRAMP
Board.
``(7) Fedramp authorization package.--The term
`FedRAMP authorization package' means the essential
information that can be used by an agency to determine
whether to authorize the operation of an information
system or the use of a designated set of common
controls for all cloud computing products and services
authorized by the FedRAMP program.
``(8) Independent assessment organization.--The term
`independent assessment organization' means a third-
party organization accredited by the Administrator to
undertake conformity assessments of cloud service
providers and their products or services.
``(9) Fedramp board.--The term `FedRAMP board' means
the board established under section 3609.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 36 of title 44, United States Code, is
amended by adding at the end the following new items:
``3607. Federal Risk and Authorization Management Program
``3608. Roles and Responsibilities of the General Services
Administration
``3609. FedRAMP board
``3610. Independent assessment organizations
``3611. Roles and responsibilities of agencies
``3612. Roles and responsibilities of the Office of Management and
Budget
``3613. Authorization of appropriations for FedRAMP
``3614. Reports to Congress
``3615. Federal Secure Cloud Advisory Committee
``3616. Definitions''.
(c) Sunset.--This section and any amendment made by this
section shall be repealed on the date that is 10 years after
the date of the enactment of this section.
(d) Rule of Construction.--Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security
under subchapter II of chapter 35 of title 44, United States
Code.
----------
117. An amendment To Be Offered by Representative Correa of California
or His Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__. ANNUAL REPORT ON VETERAN ACCESS TO GENDER SPECIFIC SERVICES
UNDER DEPARTMENT OF VETERANS AFFAIRS COMMUNITY CARE
CONTRACTS.
(a) In General.--Subchapter III of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1730D. Annual report on veteran access to gender specific
services under community care contracts
``(a) In General.--The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives an annual report on the access of women
veterans to gender specific services under contracts,
agreements, or other arrangements with non-Department medical
providers entered into by the Secretary for the provision of
hospital care or medical services to veterans. Such report
shall include data and performance measures for the
availability of gender specific services, including--
``(1) the average wait time between the veteran's
preferred appointment date and the date on which the
appointment is completed;
``(2) the average driving time required for veterans
to attend appointments; and
``(3) reasons why appointments could not be scheduled
with non-Department medical providers.
``(b) Gender Specific Services.--In this section, the term
`gender specific services' means mammography, obstetric care,
gynecological care, and such other services as the Secretary
determines appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1730C the following new item:
``1730D. Annual report on veteran access to gender specific services
under community care contracts.''.
SEC. 3. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND INSPECTIONS
AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS.
(a) In General.--The Secretary of Veterans Affairs shall
establish a policy under which--
(1) the environment of care standards and inspections
at Department of Veterans Affairs medical centers
include--
(A) an alignment of the requirements for such
standards and inspections with the women's
health handbook of the Veterans Health
Administration;
(B) a requirement for the frequency of such
inspections;
(C) delineation of the roles and
responsibilities of staff at the medical center
who are responsible for compliance; and
(D) the requirement that each medical center
submit to the Secretary a report on the
compliance of the medical center with the
standards; and
(2) for the purposes of the End of Year Hospital Star
Rating, no medical center is eligible for a five star
rating as reported under the Strategic Analytics for
Improvement and Learning Value Model unless it meets
the environment of care standards.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives certification in writing that the policy
required by subsection (a) has been finalized and disseminated
to Department all medical centers.
----------
118. An amendment To Be Offered by Representative Craig of Minnesota or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title III, insert the following:
SEC. 3__. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--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
Army base operations support, line 100, as specified in the
corresponding funding table in section 4301, for Army Community
Services, line 110, is hereby increased by $30,000,000.
(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,
Army, as specified in the corresponding funding table in
section 4301, for Army Administration, line 440, is hereby
reduced by $15,000,000.
(c) 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,
Army, as specified in the corresponding funding table in
section 4301, for Army Other Service Support, line 480, is
hereby reduced by $15,000,000.
----------
119. An amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title IX, add the following new
section:
SEC. 9__. EXPLOSIVE ORDNANCE DISPOSAL COMMAND.
(a) Transfer of Command and Redesignation.--The 20th
Chemical, Biological, Radiological, Nuclear and high-yield
Explosives Command of the Army is hereby--
(1) transferred to the Army Special Operations
Command within the United States Special Operations
Command; and
(2) redesignated as the 1st Explosive Ordnance
Disposal Command (referred to in this section as the
``EOD Command'').
(b) Commander.--There is a Commander of the EOD Command. The
Commander shall be selected by the Secretary of the Army from
among the general officers of the Army who--
(1) hold a rank of major general or higher; and
(2) have professional qualifications relating to
explosive ordnance disposal.
(c) Duties.--The duties of the EOD Command shall be to carry
out explosive ordnance disposal activities in support of the
Commander of the United States Special Operations Command,
combatant commanders, and the heads of such other Federal
departments and agencies as the Secretary of Defense considers
appropriate.
(d) Headquarters.--The headquarters of the EOD Command shall
be located at Fort Bragg, North Carolina.
(e) Additional Transfers.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of the Army
shall transfer from the Army Forces Command to the EOD
Command--
(1) five Explosive Ordnance Disposal Groups; and
(2) one Sustainment Brigade.
(f) Timeline for Operational Capability.--The Secretary of
the Army shall ensure that the EOD Command--
(1) achieves early operational capability not later
than 90 days after the date of the enactment of this
Act; and
(2) achieves full operational capability not later
than one year after such date of enactment.
(g) Treatment as Special Operations Activity.--Consistent
with the transfer made under subsection (a)(1), the Secretary
of the Army shall treat explosive ordnance disposal as a
special operations activity.
(h) Explosive Ordnance Disposal Activities Defined.--In this
section, the term ``explosive ordnance disposal activities''
means activities relating to the detection, defeat, disposal,
and analysis of explosive ordnance, including--
(1) gaining access to anti-access and area-denial
munitions;
(2) preventing detonation signals via electromagnetic
spectrum;
(3) identifying manufactured and improvised explosive
ordnance, including nuclear, biological, and chemical
ordnance;
(4) rendering-safe, recovering, exploiting,
transporting, and safely disposing of explosive
ordnance; and
(5) gathering and analyzing technical intelligence
with respect to explosive ordnance.
----------
120. An amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following new
section:
SEC. 5__. ADDITION OF ELEMENT TO REPORT REGARDING THE DESIGNATION OF
EXPLOSIVE ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH
OF THE ARMY.
Section 582(b)(2) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 3063 note)
is amended by adding at the end the following new subparagraph:
``(H) The Secretary of the Army has
designated an Assistant Secretary of the Army
as the key individual responsible for
developing and overseeing policy, plans,
programs, and budgets, and issuing guidance and
providing direction on the explosive ordnance
disposal activities of the Army.''.
----------
121. An amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title III, add the following new
section:
SEC. 3__. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
Section 2284(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and''
after the semicolon;
(B) in subparagraph (B), by striking ``the
Department of Defense'' and all that follows
and inserting ``the Program;'';
(C) by adding at the end the following new
subparagraphs:
``(C) direct the executive agent to designate
a joint program executive officer for the
Program; and
``(D) assign the Director of the Defense
Threat Reduction Agency to manage the Defense-
wide program element funding for the
Program.''.
(2) by striking paragraph (4);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as so redesignated, by striking
the period at the end and inserting a semicolon; and
(5) by adding at the end the following new
paragraphs:
``(5) the Secretary of the Navy shall designate a
Navy explosive ordnance disposal-qualified admiral
officer to serve as the co-chair of the Program; and
``(6) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall designate
the Deputy Assistant Secretary of Defense for Special
Operations and Combating Terrorism as the co-chair of
the Program.''.
----------
122. An Amendment To Be Offered by Representative Crist of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title III, add the following new
section:
SEC. 3__. REPORT ON MAINTENANCE AND REPAIR OF AIRCRAFT TURBINE ENGINE
ROTORS.
(a) Report.--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 inventory,
maintenance, and repair of aircraft turbine engine rotors by
the Department of Defense. Such report shall include
information (disaggregated by aircraft type and military
department) as follows:
(1) A total inventory of all replacement aircraft
turbine engine rotors produced or procured by
Department.
(2) The total production and procurement costs in
fiscal year 2021 for such replacement rotors.
(3) The projected production and procurement costs
for such replacement rotors for fiscal years 2022,
2023, and 2024.
(4) Any funds invested by the Department to modernize
the maintenance and repair of aircraft turbine engine
rotors, and to lower associated costs.
(b) Form.--The report under subsection (a) shall be submitted
in unclassified form, but may have a classified annex.
----------
123. An Amendment To Be Offered by Representative Crow of Colorado or
His Designee, Debatable for 10 Minutes
Page 897, insert after line 7 the following (and redesignate
accordingly):
(b) Status of Afghans Employed Subject to a Grant or
Cooperative Agreement.--Section 602(b)(2)(A)(ii)(I) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended by inserting after ``United States Government'' the
following ``, including employment or other work in Afghanistan
funded by the United States Government through a cooperative
agreement, grant, or nongovernmental organization, if the
Secretary of State determines, based on a recommendation from
the Federal agency or organization authorizing such funding,
that such alien contributed to the United States mission in
Afghanistan''.
----------
124. An Amendment To Be Offered by Representative Crow of Colorado or
His Designee, Debatable for 10 Minutes
At the end of title LX of division E, insert the following:
SEC. 6013. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Authorization.--Notwithstanding section 8908(c) of title
40, United States Code, the Global War on Terrorism Memorial
Foundation shall establish a National Global War on Terrorism
Memorial within the Reserve.
(b) Location.--The Memorial may be located at one of the
following sites:
(1) Potential Site 1--Constitution Gardens, Prime
Candidate Site 10 in The Memorials and Museums Master
Plan.
(2) Potential Site 2--JFK Hockey Fields, Prime
Candidate Site 18 in The Memorials and Museums Master
Plan.
(3) Potential Site 3--West Potomac Park, Candidate
Site 70 in The Memorials and Museums Master Plan.
(c) Commemorative Works Act.--Except as otherwise provided by
subsections (a) and (b), chapter 89 of title 40, United States
Code (commonly known as the ``Commemorative Works Act''), shall
apply to the Memorial.
(d) Definitions.--In this section:
(1) Memorial.--The term ``Memorial'' means the
National Global War on Terrorism Memorial authorized
under subsection (a).
(2) Reserve.--The term ``Reserve'' has the meaning
given that term in 8902(a)(3) of title 40, United
States Code.
----------
125. An Amendment To Be Offered by Representative Curtis of Utah or His
Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at
the end the following:
``(h) Status of Excessive Surveillance and Use of Advanced
Technology.--
``(1) In general.--The report required by subsection
(d) shall include, wherever applicable, a description
of the status of surveillance and use of advanced
technology to impose arbitrary or unlawful interference
with privacy, or unlawful or unnecessary restrictions
on freedoms of expression, peaceful assembly,
association, or other internationally recognized human
rights in each country, including--
``(A) whether the government of such country
has adopted and is enforcing laws, regulations,
policies, or practices relating to--
``(i) government surveillance or
censorship, including through facial
recognition, biometric data collection,
internet and social media controls,
sensors, spyware data analytics, non-
cooperative location tracking,
recording devices, or other similar
advanced technologies, and any
allegations or reports that this
surveillance or censorship was
unreasonable;
``(ii) searches or seizures of
individual or private institution data
without independent judicial
authorization or oversight; and
``(iii) surveillance of any group
based on political views, religious
beliefs, ethnicity, or other protected
category, in violation of equal
protection rights;
``(B) whether such country has imported or
unlawfully obtained biometric or facial
recognition data from other countries or
entities and, if applicable, from whom; and
``(C) whether the government agency end-user
has targeted individuals, including through the
use of technology, in retaliation for the
exercise of their human rights or on
discriminatory grounds prohibited by
international law, including targeting
journalists or members of minority groups.
``(2) Definition.--In this subsection, the term
`internet and social media controls' means the
arbitrary or unlawful imposition of restrictions, by
state or service providers, on internet and digital
information and communication, such as through the
blocking or filtering of websites, social media
platforms, and communication applications, the deletion
of content and social media posts, or the penalization
of online speech, in a manner that violates rights to
free expression or assembly.''.
(2) In section 502B(b) (22 U.S.C. 2304(b))--
(A) by redesignating the second subsection
(i) (as added by section 1207(b)(2) of Public
Law 113-4) as subsection (j); and
(B) by adding at the end the following:
``(k) Status of Excessive Surveillance and Use of Advanced
Technology.--The report required under subsection (b) shall
include, wherever applicable, a description of the status of
excessive surveillance and use of advanced technology to
restrict human rights, including the descriptions of such
policies or practices required under section 116(h).''.
----------
126. An Amendment To Be Offered by Representative Davis of Illinois or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. FUNDING INCREASE FOR 3D PRINTING OF INFRASTRUCTURE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201, as specified in the corresponding
funding table in section 4201, line 038 (PE 0603119A), is
hereby increased by $12,500,000.
(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 Integrated Personnel and Pay System-
Army (IPPS-A), line 121, is hereby reduced by $12,500,000.
----------
127. An Amendment To Be Offered by Representative Dean of Pennsylvania
or Her Designee, Debatable for 10 Minutes
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
TITLE LXI--SECURING AND ENABLING COMMERCE USING REMOTE AND ELECTRONIC
NOTARIZATION
SEC. 6101. DEFINITIONS.
In this title:
(1) Communication technology.--The term
``communication technology'', with respect to a
notarization, means an electronic device or process
that allows the notary public performing the
notarization and a remotely located individual to
communicate with each other simultaneously by sight and
sound during the notarization.
(2) Electronic; electronic record; electronic
signature; information; person; record.--The terms
``electronic'', ``electronic record'', ``electronic
signature'', ``information'', ``person'', and
``record'' have the meanings given those terms in
section 106 of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7006).
(3) Law.--The term ``law'' includes any statute,
regulation, rule, or rule of law.
(4) Notarial officer.--The term ``notarial officer''
means--
(A) a notary public; or
(B) any other individual authorized to
perform a notarization under the laws of a
State without a commission or appointment as a
notary public.
(5) Notarial officer's state; notary public's
state.--The term ``notarial officer's State'' or
``notary public's State'' means the State in which a
notarial officer, or a notary public, as applicable, is
authorized to perform a notarization.
(6) Notarization.--The term ``notarization''--
(A) means any act that a notarial officer may
perform under--
(i) Federal law, including this
title; or
(ii) the laws of the notarial
officer's State; and
(B) includes any act described in
subparagraph (A) and performed by a notarial
officer--
(i) with respect to--
(I) a tangible record; or
(II) an electronic record;
and
(ii) for--
(I) an individual in the
physical presence of the
notarial officer; or
(II) a remotely located
individual.
(7) Notary public.--The term ``notary public'' means
an individual commissioned or appointed as a notary
public to perform a notarization under the laws of a
State.
(8) Personal knowledge.--The term ``personal
knowledge'', with respect to the identity of an
individual, means knowledge of the identity of the
individual through dealings sufficient to provide
reasonable certainty that the individual has the
identity claimed.
(9) Remotely located individual.--The term ``remotely
located individual'', with respect to a notarization,
means an individual who is not in the physical presence
of the notarial officer performing the notarization.
(10) Requirement.--The term ``requirement'' includes
a duty, a standard of care, and a prohibition.
(11) Signature.--The term ``signature'' means--
(A) an electronic signature; or
(B) a tangible symbol executed or adopted by
a person and evidencing the present intent to
authenticate or adopt a record.
(12) Simultaneously.--The term ``simultaneously'',
with respect to a communication between parties--
(A) means that each party communicates
substantially simultaneously and without
unreasonable interruption or disconnection; and
(B) includes any reasonably short delay that
is inherent in, or common with respect to, the
method used for the communication.
(13) State.--The term ``State''--
(A) means--
(i) any State of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto
Rico;
(iv) any territory or possession of
the United States; and
(v) any federally recognized Indian
Tribe; and
(B) includes any executive, legislative, or
judicial agency, court, department, board,
office, clerk, recorder, register, registrar,
commission, authority, institution,
instrumentality, county, municipality, or other
political subdivision of an entity described in
any of clauses (i) through (v) of subparagraph
(A).
SEC. 6102. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR
ELECTRONIC NOTARIZATION.
(a) Authorization.--Unless prohibited under section 6109, and
subject to subsection (b), a notary public may perform a
notarization that occurs in or affects interstate commerce with
respect to an electronic record.
(b) Requirements of Electronic Notarization.--If a notary
public performs a notarization under subsection (a), the
following requirements shall apply with respect to the
notarization:
(1) The electronic signature of the notary public,
and all other information required to be included under
other applicable law, shall be attached to or logically
associated with the electronic record.
(2) The electronic signature and other information
described in paragraph (1) shall be bound to the
electronic record in a manner that renders any
subsequent change or modification to the electronic
record evident.
SEC. 6103. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR REMOTE
NOTARIZATION.
(a) Authorization.--Unless prohibited under section 6109, and
subject to subsection (b), a notary public may perform a
notarization that occurs in or affects interstate commerce for
a remotely located individual.
(b) Requirements of Remote Notarization.--If a notary public
performs a notarization under subsection (a), the following
requirements shall apply with respect to the notarization:
(1) The remotely located individual shall appear
personally before the notary public at the time of the
notarization by using communication technology.
(2) The notary public shall--
(A) reasonably identify the remotely located
individual--
(i) through personal knowledge of the
identity of the remotely located
individual; or
(ii) by obtaining satisfactory
evidence of the identity of the
remotely located individual by--
(I) using not fewer than 2
distinct types of processes or
services through which a third
person provides a means to
verify the identity of the
remotely located individual
through a review of public or
private data sources; or
(II) oath or affirmation of a
credible witness who--
(aa)(AA) is in the
physical presence of
the notary public or
the remotely located
individual; or
(BB) appears
personally before the
notary public and the
remotely located
individual by using
communication
technology;
(bb) has personal
knowledge of the
identity of the
remotely located
individual; and
(cc) has been
identified by the
notary public under
clause (i) or subclause
(I) of this clause;
(B) either directly or through an agent--
(i) create an audio and visual
recording of the performance of the
notarization; and
(ii) notwithstanding any resignation
from, or revocation, suspension, or
termination of, the notary public's
commission or appointment, retain the
recording created under clause (i) as a
notarial record--
(I) for a period of not less
than--
(aa) if an applicable
law of the notary
public's State
specifies a period of
retention, the greater
of--
(AA) that
specified
period; or
(BB) 5 years
after the date
on which the
recording is
created; or
(bb) if no applicable
law of the notary
public's State
specifies a period of
retention, 10 years
after the date on which
the recording is
created; and
(II) if any applicable law of
the notary public's State
govern the content, manner or
place of retention, security,
use, effect, or disclosure of
such recording or any
information contained in the
recording, in accordance with
those laws; and
(C) if the notarization is performed with
respect to a tangible or electronic record,
take reasonable steps to confirm that the
record before the notary public is the same
record with respect to which the remotely
located individual made a statement or on which
the individual executed a signature.
(3) If a guardian, conservator, executor, personal
representative, administrator, or similar fiduciary or
successor is appointed for or on behalf of a notary
public or a deceased notary public under applicable
law, that person shall retain the recording under
paragraph (2)(B)(ii), unless--
(A) another person is obligated to retain the
recording under applicable law of the notary
public's State; or
(B)(i) under applicable law of the notary
public's State, that person may transmit the
recording to an office, archive, or repository
approved or designated by the State; and
(ii) that person transmits the recording to
the office, archive, or repository described in
clause (i) in accordance with applicable law of
the notary public's State.
(4) If the remotely located individual is physically
located outside the geographic boundaries of a State,
or is otherwise physically located in a location that
is not subject to the jurisdiction of the United
States, at the time of the notarization--
(A) the record shall--
(i) be intended for filing with, or
relate to a matter before, a court,
governmental entity, public official,
or other entity that is subject to the
jurisdiction of the United States; or
(ii) involve property located in the
territorial jurisdiction of the United
States or a transaction substantially
connected to the United States; and
(B) the act of making the statement or
signing the record may not be prohibited by a
law of the jurisdiction in which the individual
is physically located.
(c) Personal Appearance Satisfied.--If a State or Federal law
requires an individual to appear personally before or be in the
physical presence of a notary public at the time of a
notarization, that requirement shall be considered to be
satisfied if--
(1) the individual--
(A) is a remotely located individual; and
(B) appears personally before the notary
public at the time of the notarization by using
communication technology; and
(2)(A) the notarization was performed under or
relates to a public act, record, or judicial proceeding
of the notary public's State; or
(B) the notarization occurs in or affects interstate
commerce.
SEC. 6104. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT.
(a) Recognition of Validity.--Each court of the United States
shall recognize as valid under the State or Federal law
applicable in a judicial proceeding before the court any
notarization performed by a notarial officer of any State if
the notarization is valid under the laws of the notarial
officer's State or under this title.
(b) Legal Effect of Recognized Notarization.--A notarization
recognized under subsection (a) shall have the same effect
under the State or Federal law applicable in the applicable
judicial proceeding as if that notarization was validly
performed--
(1)(A) by a notarial officer of the State, the law of
which is applicable in the proceeding; or
(B) under this title or other Federal law; and
(2) without regard to whether the notarization was
performed--
(A) with respect to--
(i) a tangible record; or
(ii) an electronic record; or
(B) for--
(i) an individual in the physical
presence of the notarial officer; or
(ii) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the
validity of a notarization for the purposes of subsection (a),
the signature and title of an individual performing the
notarization shall be prima facie evidence in any court of the
United States that the signature of the individual is genuine
and that the individual holds the designated title.
(d) Conclusive Evidence of Authority.--In a determination of
the validity of a notarization for the purposes of subsection
(a), the signature and title of the following notarial officers
of a State shall conclusively establish the authority of the
officer to perform the notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of
that State.
SEC. 6105. RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED UNDER
AUTHORITY OF ANOTHER STATE.
(a) Recognition of Validity.--Each State shall recognize as
valid under the laws of that State any notarization performed
by a notarial officer of any other State if--
(1) the notarization is valid under the laws of the
notarial officer's State or under this title; and
(2)(A) the notarization was performed under or
relates to a public act, record, or judicial proceeding
of the notarial officer's State; or
(B) the notarization occurs in or affects interstate
commerce.
(b) Legal Effect of Recognized Notarization.--A notarization
recognized under subsection (a) shall have the same effect
under the laws of the recognizing State as if that notarization
was validly performed by a notarial officer of the recognizing
State, without regard to whether the notarization was
performed--
(1) with respect to--
(A) a tangible record; or
(B) an electronic record; or
(2) for--
(A) an individual in the physical presence of
the notarial officer; or
(B) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the
validity of a notarization for the purposes of subsection (a),
the signature and title of an individual performing a
notarization shall be prima facie evidence in any State court
or judicial proceeding that the signature is genuine and that
the individual holds the designated title.
(d) Conclusive Evidence of Authority.--In a determination of
the validity of a notarization for the purposes of subsection
(a), the signature and title of the following notarial officers
of a State conclusively establish the authority of the officer
to perform the notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of
that State.
SEC. 6106. ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED.
Nothing in this title may be construed to require a notary
public to perform a notarization--
(1) with respect to an electronic record;
(2) for a remotely located individual; or
(3) using a technology that the notary public has not
selected.
SEC. 6107. VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED PERSONS NOT
AFFECTED; STATE LAWS ON THE PRACTICE OF LAW NOT
AFFECTED.
(a) Validity Not Affected.--The failure of a notary public to
meet a requirement under section 6102 or 6103 in the
performance of a notarization, or the failure of a notarization
to conform to a requirement under section 6102 or 6103, shall
not invalidate or impair the recognition of the notarization.
(b) Rights of Aggrieved Persons.--The validity and
recognition of a notarization under this title may not be
construed to prevent an aggrieved person from seeking to
invalidate a record or transaction that is the subject of a
notarization or from seeking other remedies based on State or
Federal law other than this title for any reason not specified
in this title, including on the basis--
(1) that a person did not, with present intent to
authenticate or adopt a record, execute a signature on
the record;
(2) that an individual was incompetent, lacked
authority or capacity to authenticate or adopt a
record, or did not knowingly and voluntarily
authenticate or adopt a record; or
(3) of fraud, forgery, mistake, misrepresentation,
impersonation, duress, undue influence, or other
invalidating cause.
(c) Rule of Construction.--Nothing in this title may be
construed to affect a State law governing, authorizing, or
prohibiting the practice of law.
SEC. 6108. EXCEPTION TO PREEMPTION.
(a) In General.--A State law may modify, limit, or supersede
the provisions of section 6102, or subsections (a) or (b) of
section 6103, with respect to State law only if that State
law--
(1) either--
(A) constitutes an enactment or adoption of
the Revised Uniform Law on Notarial Acts, as
approved and recommended for enactment in all
the States by the National Conference of
Commissioners on Uniform State Laws in 2018 or
2021, except that a modification to such Law
enacted or adopted by a State shall be
preempted to the extent such modification--
(i) is inconsistent with a provision
of section 6102 or subsections (a) or
(b) of section 6103, as applicable; or
(ii) would not be permitted under
subparagraph (B); or
(B) specifies additional or alternative
procedures or requirements for the performance
of notarizations with respect to electronic
records or for remotely located individuals, if
those additional or alternative procedures or
requirements--
(i) are consistent with section 6102
and subsections (a) and (b) of section
6103; and
(ii) do not accord greater legal
effect to the implementation or
application of a specific technology or
technical specification for performing
those notarizations; and
(2) requires the retention of an audio and visual
recording of the performance of a notarization for a
remotely located individual for a period of not less
than 5 years after the recording is created.
(b) Rule of Construction.--Nothing in section 6104 or 6105
may be construed to preclude the recognition of a notarization
under applicable State law, regardless of whether such State
law is consistent with section 6104 or 6105.
SEC. 6109. STANDARD OF CARE; SPECIAL NOTARIAL COMMISSIONS.
(a) State Standards of Care; Authority of State Regulatory
Officials.--Nothing in this title may be construed to prevent a
State, or a notarial regulatory official of a State, from--
(1) adopting a requirement in this title as a duty or
standard of care under the laws of that State or
sanctioning a notary public for breach of such a duty
or standard of care;
(2) establishing requirements and qualifications for,
or denying, refusing to renew, revoking, suspending, or
imposing a condition on, a commission or appointment as
a notary public;
(3) creating or designating a class or type of
commission or appointment, or requiring an endorsement
or other authorization to be received by a notary
public, as a condition on the authority to perform
notarizations with respect to electronic records or for
remotely located individuals; or
(4) prohibiting a notary public from performing a
notarization under section 6102 or 6103 as a sanction
for a breach of duty or standard of care or for
official misconduct.
(b) Special Commissions or Authorizations Created by a State;
Sanction for Breach or Official Misconduct.--A notary public
may not perform a notarization under section 6102 or 6103 if--
(1)(A) the notary public's State has enacted a law
that creates or designates a class or type of
commission or appointment, or requires an endorsement
or other authorization to be received by a notary
public, as a condition on the authority to perform
notarizations with respect to electronic records or for
remotely located individuals; and
(B) the commission or appointment of the notary
public is not of the class or type or the notary public
has not received the endorsement or other
authorization; or
(2) the notarial regulatory official of the notary
public's State has prohibited the notary public from
performing the notarization as a sanction for a breach
of duty or standard of care or for official misconduct.
SEC. 6110. SEVERABILITY.
If any provision of this title or the application of such
provision to any person or circumstance is held to be invalid
or unconstitutional, the remainder of this title and the
application of the provisions thereof to other persons or
circumstances shall not be affected by that holding.
----------
128. An Amendment To Be Offered by Representative Dean of Pennsylvania
or Her Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. COORDINATOR FOR HUMAN TRAFFICKING ISSUES.
(a) In General.--The Secretary of the Treasury shall, not
later than 180 days after the date of the enactment of this
Act, and as required under section 312(a)(8) of title 31,
United States Code, designate an office within the Office of
Terrorism and Financial Intelligence that shall coordinate
efforts to combat the illicit financing of human trafficking.
(b) Coordinator for Human Traffficking Issues.--
(1) In general.--Subchapter I of chapter 3 of
subtitle I of title 31, United States Code, is amended
by adding at the end the following:
``Sec. 316. Coordinator for human trafficking issues.
``(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Secretary of the Treasury
shall designate a Coordinator for Human Trafficking Issues
within the Department of the Treasury who shall report to the
Secretary.
``(b) Duties.--The Coordinator for Human Trafficking Issues--
``(1) shall--
``(A) coordinate activities, policies, and
programs of the Department that relate to human
trafficking, including activities, policies,
and programs intended to--
``(i) prevent, detect, and respond to
human trafficking;
``(ii) help understand the challenges
faced by victims and survivors of human
trafficking, including any
circumstances that may increase the
risk of a person becoming a victim or
survivor of human trafficking; and
``(iii) support victims and survivors
of human trafficking;
``(B) promote, advance, and support the
consideration of human trafficking issues in
the programs, structures, processes, and
capacities of bureaus and offices of the
Department, where appropriate;
``(C) regularly consult human trafficking
stakeholders;
``(D) serve as the principal advisor to the
Secretary with respect to activities and issues
relating to human trafficking, including issues
relating to victims and survivors of human
trafficking;
``(E) advise the Secretary of actions that
may be taken to improve information sharing
between human trafficking stakeholders and
Federal, State, Local, Territory, and Tribal
government agencies, including law enforcement
agencies, while protecting privacy and, as a
result, improve societal responses to issues
relating to human trafficking, including issues
relating to the victims and survivors of human
trafficking;
``(F) participate in coordination between
Federal, State, Local, Territory, and Tribal
government agencies on issues relating to human
trafficking; and
``(G) consult and work with the office within
the office within the Office of Terrorism and
Financial Intelligence designated by the
Secretary under section 312(a)(8) of title 31,
United States Code, to coordinate efforts to
combat the illicit financing of human
trafficking with respect to the efforts of such
office to combat the illicit financing of human
trafficking; and
``(2) may design, support, and implement Department
activities relating to human trafficking, including
activities designed to prevent, detect, and respond to
human trafficking, to include money laundering
associated with human trafficking, to include money
laundering associated with human trafficking.
``(c) Term.--Each Coordinator for Human Trafficking Issues
designated by the Secretary shall serve a term of not more than
5 years.
``(d) Human Trafficking Defined.--In this section, the term
`human trafficking' means severe forms of trafficking in
persons as such term is defined in section 103 of the
Trafficking Victims Protection Act of 2000.
``(e) Human Trafficking Stakeholder.--The term `human
trafficking stakeholder' means--
``(1) a non-governmental organization;
``(2) a human rights organization;
``(3) an anti-human trafficking organization;
``(4) a group representing a population vulnerable to
human trafficking or victims or survivors of human
trafficking, and related issues;
``(5) an industry group;
``(6) a financial institution;
``(7) a technology firm; and
``(8) another individual or group that is working to
prevent, detect, and respond to human trafficking and
to support victims and survivors of human
trafficking.''.
(c) Coordination With Coordinator for Human Trafficking
Issues.--Section 312(a) of title 31, United States Code, is
amended by adding at the end the following:
``(9) Coordination with coordinator for human
trafficking issues.--The office within the OTFI
designated by the Secretary pursuant to paragraph (8)
shall coordinate with the Coordinator for Human
Trafficking Issues designated by the Secretary pursuant
to section 316 of title 31, United States Code.''.
(d) Conforming Amendment.--The table of sections in chapter 3
of subtitle I of title 31, United States Code, is amended by
adding at the end the following:
``316. Coordinator for Human Trafficking Issues.''.
____________________________________________________
129. An Amendment To Be Offered by Representative Delgado of New York
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. REPORT ON DISCREPANCIES BETWEEN TRICARE PROGRAM AND CHAMPVA
PROGRAM IN CERTAIN COVERAGE STANDARDS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report that details any discrepancies between the
TRICARE program and the CHAMPVA program of the Department of
Veterans Affairs, with respect to coverage standards under such
programs for nursing home care and in-home care.
(b) Matters.--The report under subsection (a) shall include,
with respect to any standard described in such subsection under
the TRICARE program that the Secretary determines is lower than
the corresponding standard under the CHAMPVA program of the
Department of Veterans Affairs, a description of--
(1) the anticipated cost of aligning such lower
standard to conform with the higher standard; and
(2) any obstacles (including statutory, regulatory,
or other obstacles) to such alignment.
----------
130. An Amendment To Be Offered by Representative DeSaulnier of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of
racial bias in the prosecution and convictions of the
Port Chicago 50 following the deadliest home front
disaster in World War II;
(2) the military records of each of the Port Chicago
50 should reflect such exoneration of any and all
charges brought against them in the aftermath of the
explosion; and
(3) the Secretary of the Navy should upgrade the
general and summary discharges of each of the Port
Chicago 50 sailors to honorable discharges.
----------
131. An Amendment To Be Offered by Representative Dunn of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. FUNDING FOR RAPID SCREENING UNDER DEVELOPMENT OF MEDICAL
COUNTERMEASURES AGAINST NOVEL ENTITIES PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for Advanced Component Development
& Prototypes, Research, Development, Test, and Evaluation,
Defense-Wide, as specified in the corresponding funding table
in section 4201, for the Chemical and Biological Defense
Program- DEM/VAL, Line 82, is hereby increased by $4,500,000
for the Development of Medical Countermeasures Against Novel
Entities program of the Defense Threat Reduction Agency, to
allow for the rapid screening of all compounds approved by the
Food and Drug Administration, and other human-safe compound
libraries, to identify optimal drug candidates for repurposing
as medical countermeasures for COVID-19 and other novel and
emerging biological threats.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for Operations and Maintenance,
Defense-Wide, as specified in the corresponding funding table
in 4301, for Defense Media Activity, Line 370, is hereby
reduced by $4,500,000.
----------
132. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.
(a) Further Modification of Department of Defense Form
1391.--Section 2805(a)(1) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended by
striking ``100-year floodplain'' both places it appears and
inserting ``500-year floodplain for mission critical facilities
or a 100-year floodplain for non-mission critical facilities''.
(b) Reporting Requirements.--Section 2805(a)(3) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraph (A), by inserting before the
period at the end the following: ``using hydrologic,
hydraulic, and hydrodynamic data, methods, and analysis
that integrate current and projected changes in
flooding based on climate science over the anticipated
service life of the facility and future forecasted land
use changes''; and
(2) in subparagraph (D), by inserting after
``future'' the following: ``flood risk and''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraphs (A) and (B), by striking
``buildings'' and inserting ``facilities''; and
(2) in subparagraph (C), by inserting after
``future'' the following: ``flood risk and''.
(d) Conforming Amendment of Unified Facilities Criteria.--
(1) Amendment required.--Not later than September 1,
2022, the Secretary of Defense shall amend the Unified
Facilities Criteria relating to military construction
planning and design to ensure that building practices
and standards of the Department of Defense incorporate
the minimum flood mitigation requirements of section
2805(a) of the Military Construction Authorization Act
for Fiscal Year 2019 (division B of Public Law 115-232;
132 Stat. 2262; 10 U.S.C. 2802 note), as amended by
this section.
(2) Conditional availability of funds.--Not more than
25 percent of the funds authorized to be appropriated
for fiscal year 2022 for Department of Defense planning
and design accounts relating to military construction
projects may be obligated until the date on which the
Secretary of Defense submits to the Committees on Armed
Services of the House of Representatives and the Senate
a certification that the Secretary--
(A) has initiated the amendment process
required by paragraph (1); and
(B) intends to complete such process by
September 1, 2022.
(3) Implementation of unified facilities criteria
amendments.--
(A) Implementation.--Any Department of
Defense Form 1391 submitted to Congress after
September 1, 2022, shall comply with the
Unified Facilities Criteria, as amended
pursuant to paragraph (1).
(B) Certification.--Not later than March 1,
2023, the Secretary of Defense shall certify to
the Committees on Armed Services of the House
of Representatives and the Senate the
completion of the amendment process required by
paragraph (1) and the full incorporation of the
amendments into military construction planning
and design.
----------
133. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
In subtitle D of title XXVIII, insert after section 2831 the
following new section (and redesignate subsequent sections
accordingly):
SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING MASTER PLANS
FOR MAJOR MILITARY INSTALLATIONS.
(a) Maximum Interval Between Master Plan Development.--
Section 2864(a)(1) of title 10, United States Code, is amended
by striking ``10 years'' and inserting ``five years''.
(b) Consideration of Military Installation Resilience.--
Section 2864(a)(2)(E) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``and military installation resilience''.
(c) Coordination Related to Military Installation Resilience
Component.--Section 2864(c)(6) of title 10, United States Code,
is amended by inserting after ``Agreements in effect or
planned'' the following: ``and ongoing or planned
coordination''.
(d) Cross Reference to Definition of Military Installation
Resilience.--Section 2864(f) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) The term `military installation resilience' has
the meaning given that term in section 101(e) of this
title.''.
----------
134. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
Page 741, line 4, insert ``resilient and'' before ``resource-
efficient goods''.
Page 741, line 23, insert ``resilient,'' after ``design,
build, and fund''.
Page 741, line 24, strike ``and''.
Page 742, line 6, insert ``and'' after ``social costs;''.
Page 742, after line 6, insert the following new
subparagraph:
(F) designing the technical specifications
for assessment and mitigation of risk to supply
chains from extreme weather and changes in
environmental conditions;
Page 742, line 8, insert ``resilient and'' before ``resource-
efficient goods''.
Page 742, line 11, strike ``low-carbon'' and insert
``resilience, low-carbon, or''.
Page 743, line 8, strike ``selectpagion'' and insert
``selection''.
----------
135. An Amendment To Be Offered by Representative Estes of Kansas or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. BRIEFING ON EXPANDED SMALL UNMANNED AIRCRAFT SYSTEMS
CAPABILITY.
The Secretary of Defense shall, not later than January 30,
2022, provide a briefing to the Committee on Armed Services of
the House of Representatives on the evaluation of commercially
available small unmanned aircraft systems (hereinafter referred
to as ``sUAS'') with capabilities that align with the
Department's priorities, including--
(1) the timing of the release of the updated list
titled ``Blue sUAS 2.0'' of the Defense Innovation Unit
that contains available fixed wing and multirotor
commercial small unmanned aircraft systems compliant
with section 848 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92); and
(2) the advisability and feasibility of adding end-
to-end sUAS solutions to such list, including the sUAS,
supporting field management software, technical
support, and training, all provided as an integrated
collection and analysis capability.
----------
136. An Amendment To Be Offered by Representative Evans of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. WAIVER AUTHORIZATION STREAMLINING.
Section 8(a)(21) of the Small Business Act (15 U.S.C.
637(a)(21)) is amended--
(1) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (F)'';
(2) in subparagraph (B)--
(A) by striking clause (iii); and
(B) by redesignating clauses (iv) and (v) as
clauses (iii) and (iv), respectively;
(3) by moving subparagraph (C) two ems to the left;
and
(4) by adding at the end the following new
subparagraph:
``(F) In the event either a contract awarded pursuant to this
subsection or ownership and control of a concern performing a
contact awarded pursuant to this subsection will pass to
another small business concern, the requirements of
subparagraph (A) shall not apply if--
``(i) the acquiring small business concern is a
program participant; and
``(ii) upon a request submitted prior to the passage
of the contract or the actual relinquishment of
ownership and control, as applicable, the Administrator
(or the delegee of the Administrator) determines that
the acquiring small business concern would otherwise be
eligible to directly receive the award pursuant to this
subsection.''.
----------
137. An Amendment To Be Offered by Representative Fitzgerald of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF
THE ARMY NATIONAL GUARD AND THE AIR NATIONAL GUARD.
(a) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and on an annual basis
thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding sexual assaults involving
members of the Army National Guard and the Air National Guard.
(b) Elements.--Each report under subsection (a) shall include
the following:
(1) The number of sexual assaults committed against
members of the Army National Guard and the Air National
Guard that were reported to military officials during
the year covered by the report, and the number of cases
that were substantiated.
(2) The number of sexual assaults committed by
members of the Army National Guard or the Air National
Guard that were reported to military officials during
the year covered by the report, and the number of the
cases so reported that were substantiated.
(3) A synopsis of each such substantiated case,
organized by offense, and, for each such case, the
action taken in the case, including the type of
disciplinary or administrative sanction imposed, if
any, including courts-martial sentences, nonjudicial
punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice),
and administrative separations.
(4) The policies, procedures, and processes
implemented by the Chief of the National Guard Bureau
during the year covered by the report in response to
incidents of sexual assault involving members of the
Army National Guard or the Air National Guard.
(c) Presentation of Certain Information.--The information
required under paragraphs (1) and (2) of subsection (b) shall
be set forth separately for each such paragraph and may not be
combined.
(d) Consultation.--In preparing each report under subsection
(a), the Secretary of Defense shall consult with--
(1) Under Secretary of Defense for Personnel and
Readiness;
(2) the Chief of the National Guard Bureau; and
(3) the heads of such other organizations and
elements of the Department of Defense as the Secretary
determines appropriate.
----------
138. An Amendment To Be Offered by Representative Fortenberry of
Nebraska or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII the following:
SEC. 13__. SENSE OF CONGRESS RELATING TO THE GRAND ETHIOPIAN
RENAISSANCE DAM.
It is the sense of Congress that it is in the best interests
of the region for Egypt, Ethiopia, and Sudan to immediately
reach a just and equitable agreement regarding the filling and
operation of the Grand Ethiopian Renaissance Dam.
----------
139. An Amendment To Be Offered by Representative Foster of Illinois or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XVI the following new
section:
SEC. 16__. STUDIES BY PRIVATE SCIENTIFIC ADVISORY GROUP KNOWN AS JASON.
(a) Study on Discrimination Capabilities of the Ballistic
Missile Defense System.--
(1) Findings.--Congress finds the following:
(A) Section 237 of the National Defense
Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2236) required the
Secretary of Defense to enter into an
arrangement with the private scientific
advisory group known as JASON under which JASON
carried out a study on the discrimination
capabilities and limitations of the ballistic
missile defense system of the United States.
(B) Since the completion of this study, rogue
nation threats have changed and capabilities of
the missile defense system have evolved.
(2) Update.--The Secretary of Defense shall enter
into an arrangement with the private scientific
advisory group known as JASON under which JASON shall
carry out an update to the study conducted pursuant to
section 237 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2236) on the discrimination capabilities and
limitations of the missile defense system of the United
States, including such discrimination capabilities that
exist or are planned as of the date of the study.
(3) Report.--Not later than one year after the date
of enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report
containing the study.
(4) Form.--The report under paragraph (2) may be
submitted in classified form, but shall contain an
unclassified summary.
(b) Report on JASON.--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
congressional defense committees a report on the private
scientific advisory group known as JASON. The report shall
include the following:
(1) The status of the contract awarded by the
Secretary of Defense to JASON.
(2) Identification of the studies undertaken by JASON
during the two fiscal years occurring before the date
of the report.
(3) The level of funding required to ensure the
continued ability of JASON to provide high-quality
technical, scientifically informed advice to the
Department of Defense and the broader United States
Government.
(4) Whether the Under Secretary is committed to
ensuring adequate funding and continued departmental
support for JASON.
(5) Any impediments encountered by the Under
Secretary in continuing to contract with JASON.
----------
140. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60__. NATIONAL SECURITY COMMISSION ON SYNTHETIC BIOLOGY.
(a) Establishment.--
(1) In general.--There is established in the
executive branch a commission to review advances and
develop a consensus on a strategic approach to advance
American national security and competitiveness in
synthetic biology, related bioengineering and genetics
developments, and associated technologies.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``National Security
Commission on Synthetic Biology'' (referred to in this
section as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B),
the Commission shall be composed of the
following members:
(i) The Deputy Secretary of Defense.
(ii) The Deputy Secretary of
Commerce.
(iii) The Deputy Secretary of Health
and Human Services.
(iv) The Principal Deputy Director of
National Intelligence.
(v) Three members appointed by the
majority leader of the Senate, one of
whom shall be a member of the Senate
and two of whom shall not be.
(vi) Three members appointed by the
minority leader of the Senate, one of
whom shall be a member of the Senate
and two of whom shall not be.
(vii) Three members appointed by the
Speaker of the House of
Representatives, one of whom shall be a
member of the House of Representatives
and two of whom shall not be.
(viii) Three members appointed by the
minority leader 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.--
(i) The members of the Commission who
are not members of Congress and who are
appointed under clauses (v) through
(viii) of subparagraph (A) shall be
individuals who are nationally
recognized for expertise, knowledge, or
experience in--
(I) synthetic biology or
related bioengineering;
(II) genetic developments;
(III) use of life sciences
technologies by national
policymakers and military
leaders; or
(IV) the implementation,
funding, or oversight of the
national security policies of
the United States.
(ii) 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.
(iii) All members of the Commission
described in clause (i) shall possess
an appropriate security clearance in
accordance with applicable provisions
of law concerning the handling of
classified information.
(2) Co-chairs.--
(A) In general.--The Commission shall have
two co-chairs, selected from among the members
of the Commission.
(B) Party affiliation.--One co-chair of the
Commission shall be a member of the Democratic
Party, and one co-chair shall be a member of
the Republican Party.
(C) Selection.--The individuals who serve as
the co-chairs 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, Terms.--
(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.
(3) Terms.--Members shall be appointed for the life
of the Commission.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the
Commission shall meet upon the call of the co-chairs of
the Commission.
(2) Quorum.--Seven 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 in the Commission 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
Commission occur on any day after 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.
(5) Effect of lack of appointment.--If one or more
appointments under subsection (b) is not made by the
appointment date specified in subsection (c), the
authority to make such appointment or appointments
shall expire, and the number of members of the
Commission shall be reduced by the number equal to the
number of appointments so not made.
(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 title. 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 the findings
and determinations of the Commission unless 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 title.
(f) Duties.--
(1) In general.--The Commission shall carry out the
review described in paragraph (2). In carrying out such
review, the Commission shall consider the methods and
means necessary to advance the development of synthetic
biology, bioengineering, and associated technologies by
the United States to comprehensively address the
national security and defense needs of the United
States.
(2) Scope of the review.--In conducting the review
described in this subsection, the Commission shall
consider the following:
(A) The competitiveness of the United States
in synthetic biology, bioengineering, and
associated technologies, including matters
related to national security, defense, public-
private partnerships, and investments.
(B) Means and methods for the United States
to maintain a technological advantage in
synthetic biology, bioengineering, and other
associated technologies related to national
security and defense.
(C) Developments and trends in international
cooperation and competitiveness, including
foreign investments in synthetic biology,
bioengineering, and genetics fields that are
materially related to national security and
defense.
(D) Means by which to foster greater emphasis
and investments in basic and advanced research
to stimulate private, public, academic, and
combined initiatives in synthetic biology,
bioengineering, and other associated
technologies, to the extent that such efforts
have application materially related to national
security and defense.
(E) Workforce and education incentives to
attract and recruit leading talent in synthetic
biology and bioengineering disciplines,
including science, technology, engineering, and
biology and genetics programs.
(F) Risks associated with adversary advances
in military employment of synthetic biology and
bioengineering, including international law of
armed conflict, international humanitarian law,
and escalation dynamics.
(G) Associated ethical considerations related
to synthetic biology, bioengineering, and
genetics as it will be used for future
applications related to national security and
defense.
(H) Means to establish international genomic
data standards and incentivize the sharing of
open training data within related national
security and defense synthetic biology-driven
industries.
(I) Consideration of the evolution of
synthetic biology and bioengineering and
appropriate mechanisms for managing such
technology related to national security and
defense.
(J) Any other matters the Commission deems
relevant to the common defense of the Nation.
(g) Powers of Commission.--
(1) In general.--(A) The Commission or, on the
authorization of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
the provisions of this section--
(i) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, and administer such
oaths; and
(ii) 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
subcommittee or designated member considers
necessary.
(B) Subpoenas may be issued under subparagraph
(A)(ii) under the signature of the co-chairs of the
Commission, and may be served by any person designated
by such co-chairs.
(C) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (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.
(2) Contracting.--The Commission may, to such extent
and in such amounts as are provided in advance in
appropriation Acts, enter into contracts to enable the
Commission to discharge its duties under this title.
(3) Information from federal agencies.--(A) 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 title.
(B) 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 of the co-
chairs of the Commission.
(C) The Commission shall handle and protect all
classified information provided to it under this
section in accordance with applicable statutes and
regulations.
(4) Assistance from federal agencies.--(A) 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 title.
(B) The Director of National Intelligence may provide
the Commission, on a nonreimbursable basis, with such
administrative services, staff, and other support
services as the Commission may request.
(C) In addition to the assistance set forth in
paragraphs (1) and (2), other departments and agencies
of the United States 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.
(D) The Commission shall receive the full and timely
cooperation of any official, department, or agency of
the United States Government whose assistance is
necessary, as jointly determined by the co-chairs
selected under subsection (b)(2), for the fulfillment
of the duties of the Commission, including the
provision of full and current briefings and analyses.
(5) Postal services.--The Commission may use the
United States postal services in the same manner and
under the same conditions as the departments and
agencies of the United States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of
such member or staff to the Commission.
(h) Staff of Commission.--
(1) In general.--(A) The co-chairs 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
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) Any Federal Government employee may be detailed
to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(C) All staff of the Commission shall possess a
security clearance in accordance with applicable laws
and regulations concerning the handling of classified
information.
(2) Consultant services.--(A) 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.
(B) All experts and consultants employed by the
Commission shall possess a security clearance in
accordance with applicable laws and regulations
concerning the handling of classified information.
(i) Compensation and Travel Expenses.--
(1) Compensation.--(A) Except as provided in
paragraph (2), each member of the Commission may be
compensated at not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Commission under this
title.
(B) Members of the Commission who are officers or
employees of the United States or Members of Congress
shall receive no additional pay by reason of their
service on the Commission.
(2) 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 the Government service are
allowed expenses under section 5703 of title 5, United
States Code.
(j) Treatment of Information Relating to National Security.--
(1) In general.--(A) 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 title.
(B) Any information related to the national security
of the United States that is provided to the Commission
by a congressional intelligence committees or the
congressional armed services committees may not be
further provided or released without the approval of
the chairman of such committees.
(2) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (k)(2),
only the members and designated staff of the
congressional intelligence committees, 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.
(k) Reports; Termination.--
(1) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the Commission
shall submit to the President and Congress an initial
report on the findings of the Commission and such
recommendations that the Commission may have for action
by the executive branch and Congress related to
synthetic biology, bioengineering, and associated
technologies, including recommendations to more
effectively organize the Federal Government.
(2) Annual comprehensive reports.--Not later than one
year after the date of this enactment of this Act, and
every year thereafter annually, until the date
specified in subsection (e), the Commission shall
submit a comprehensive report on the review required
under subsection (b).
(3) Termination.--The Commission, and all the
authorities of this section, shall terminate on October
1, 2023.
(l) Assessments of Annual Comprehensive Reports.--Not later
than 60 days after receipt of the annual comprehensive
report(s) under subsection (k)(2), the Secretary of Defense,
the Secretary of Commerce, the Secretary of Health and Human
Services, and the Director of National Intelligence shall each
submit to congress an assessment by the Director or the
Secretary, as the case may be, of the final report. Each
assessment shall include such comments on the findings and
recommendations contained in the final report as the Director
or Secretary, as the case may be, considers appropriate.
(m) 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 Commission
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 Commission under this section.
(n) Funding.--
(1) In general.--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, Defense-wide, as specified
in the corresponding funding table in section 4301, for
admin & servicewide activities, Office of the Secretary
of Defense, line 540, is hereby increased by
$10,000,000 (to be made available in support of the
Commission under this subtitle).
(2) Availability.--Subject to paragraph (1), the
Secretary of Defense shall make available to the
Commission such amounts as the Commission may require
for purposes of the activities of the Commission under
this section.
(3) Duration of availability.--Amounts made available
to the Commission under paragraph (2) shall remain
available until expended.
(4) Offset.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized
to be appropriated in section 1405 for Defense Health
Program, for Private Sector Care, as specified in the
corresponding funding table in section 4501, is hereby
reduced by $10,000,000.
(o) Definitions.--In this section--
(1) Synthetic biology.--The term ``synthetic
biology'' means the design and construction of new
biological parts devices and systems and the re-design
of existing, natural biological systems for useful
purposes.
(2) Biomanufacturing.--The term ``biomanufacturing''
means the utilization of biological systems to develop
new and advance existing products, tools, and processes
at commercial scale.
(3) Bioengineering.--The term ``bioengineering''
means the application of engineering design principles
and practices to biological systems, including
molecular and cellular systems, to advance fundamental
understanding of complex natural systems and to enable
novel or optimize functions and capabilities.
----------
141. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
Add at the appropriate place in title LX the following new
section:
SEC. 60__. REQUIREMENTS RELATING TO UNMANNED AIRCRAFT SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and
Technology, and the Committee on Transportation
and Infrastructure of the House of
Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Covered foreign entity.--The term ``covered
foreign entity'' means an entity included on a list
developed and maintained by the Federal Acquisition
Security Council that includes entities in the
following categories:
(A) An entity included on the Consolidated
Screening List.
(B) Any entity that is subject to
extrajudicial direction from a foreign
government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland
Security, in coordination with the Director of
National Intelligence and the Secretary of
Defense, determines poses a national security
risk.
(D) Any entity domiciled in the People's
Republic of China or subject to influence or
control by the Government of the People's
Republic of China or the Communist Party of the
People's Republic of China, as determined by
the Secretary of Homeland Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(3) Executive agency.--The term ``executive agency''
has the meaning given that term in section 133 of title
41, United States Code.
(4) Unmanned aircraft system; uas.--Except as
otherwise provided, the terms ``unmanned aircraft
system'' and ``UAS'' mean an unmanned aircraft and
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.
(b) Prohibition on Procurement of Unmanned Aircraft Systems
From Covered Foreign Entities.--
(1) In general.--Except as provided under paragraphs
(2) and (3), the head of an executive agency may not
procure any unmanned aircraft system that is
manufactured, assembled, designed, or patented by a
covered foreign entity 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.
(2) Exemption.--The Secretary of Homeland Security,
the Secretary of Defense, and the Attorney General are
exempt from the restriction under paragraph (1) if the
operation or procurement--
(A) is for the sole purposes of research,
evaluation, training, testing, or analysis
for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-
UAS technology;
(iv) counterterrorism or
counterintelligence activities; or
(v) Federal criminal investigations,
including forensic examinations; and
(B) is required in the national interest of
the United States.
(3) Waiver.--The head of an executive agency may
waive the prohibition under paragraph (1)--
(A) with the approval of the Secretary of
Homeland Security or the Secretary of Defense;
and
(B) upon notification to Congress.
(c) Prohibition on Operation of Unmanned Aircraft Systems
From Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Beginning on the date that
is 2 years after the date of the enactment of
this Act, an executive agency may not operate
an unmanned aircraft system manufactured,
assembled, designed, or patented by a covered
foreign entity.
(B) Applicability to contracted services.--
The prohibition under subparagraph (A) applies
to any unmanned aircraft systems that are being
used by any executive agency through the method
of contracting for the services of unmanned
aircraft systems.
(2) Exemption.--The Secretary of Homeland Security,
the Secretary of Defense, and the Attorney General are
exempt from the restriction under paragraph (1) if the
operation or procurement--
(A) is for the sole purposes of research,
evaluation, training, testing, or analysis
for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-
UAS technology;
(iv) counterterrorism or
counterintelligence activities; or
(v) Federal criminal investigations,
including forensic examinations; and
(B) is required in the national interest of
the United States.
(3) Waiver.--The head of an executive agency may
waive the prohibition under paragraph (1) on a case-by-
case basis--
(A) with the approval of the Secretary of
Homeland Security or the Secretary of Defense;
and
(B) upon notification to Congress.
(4) Regulations and guidance.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Homeland Security shall prescribe
regulations or guidance to implement this section.
(d) Prohibition on Use of Federal Funds for Purchases and
Operation of Unmanned Aircraft Systems From Covered Foreign
Entities.--
(1) In general.--Beginning on the date that is 2
years after the date of the enactment of this Act,
except as provided in paragraphs (2) and (3), Federal
funds awarded through a contract, grant, or cooperative
agreement entered into on or after such effective date,
or otherwise made available, may not be used--
(A) to purchase a unmanned aircraft system,
or a system to counter unmanned aircraft
systems, that is manufactured, assembled,
designed, or patented by a covered foreign
entity; or
(B) in connection with the operation of such
a drone or unmanned aircraft system.
(2) Exemption.--An executive agency is exempt from
the restriction under paragraph (1) if the operation or
procurement is for the sole purposes of research,
evaluation, training, testing, or analysis, as
determined by the Secretary of Homeland Security, the
Secretary of Defense, or the Attorney General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS
technology;
(D) counterterrorism or counterintelligence
activities;
(E) Federal criminal investigations,
including forensic examinations; or
(F) the safe integration of UAS in the
national airspace (as determined in
consultation with the Secretary of
Transportation); and
(G) is required in the national interest of
the United States.
(3) Waiver.--The head of an executive agency may
waive the prohibition under paragraph (1) on a case-by-
case basis--
(A) with the approval of the Secretary of
Homeland Security or the Secretary of Defense;
and
(B) upon notification to Congress.
(4) Regulations.--Not later than 180 days after the
date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall prescribe
regulations or guidance, as necessary, to implement the
requirements of this section relating to Federal
contracts.
(e) Prohibition on Use of Government-issued Purchase Cards to
Purchase Unmanned Aircraft Systems From Covered Foreign
Entities.--Effective immediately, Government-issued Purchase
Cards may not be used to procure any unmanned aircraft system
from a covered foreign entity.
(f) Management of Existing Inventories of Unmanned Aircraft
Systems From Covered Foreign Entities.--
(1) In general.--Effective immediately, all executive
agencies must account for existing inventories of
unmanned aircraft systems manufactured, assembled,
designed, or patented by a covered foreign entity in
their personal property accounting systems, regardless
of the original procurement cost, or the purpose of
procurement due to the special monitoring and
accounting measures necessary to track the items'
capabilities.
(2) Classified tracking.--Due to the sensitive nature
of missions and operations conducted by the United
States Government, inventory data related to unmanned
aircraft systems manufactured, assembled, designed, or
patented by a covered foreign entity may be tracked at
a classified level.
(3) Exceptions.--The Department of Defense and
Department of Homeland Security may exclude from the
full inventory process, unmanned aircraft systems that
are deemed expendable due to mission risk such as
recovery issues or that are one-time-use unmanned
aircraft system due to requirements and low cost.
(g) Comptroller General Report.--Not later than 275 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report
on the amount of commercial off-the-shelf drones and unmanned
aircraft systems procured by Federal departments and agencies
from covered foreign entities.
(h) Government-Wide Policy for Procurement of Unmanned
Aircraft Systems.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Office of Management and Budget, in coordination with
the Department of Homeland Security, Department of
Transportation, the Department of Justice, and other
Departments as determined by the Director of the Office
of Management and Budget, and in consultation with the
National Institute of Standards and Technology, shall
establish a government-wide policy for the procurement
of UAS--
(A) for non-Department of Defense and non-
intelligence community operations; and
(B) through grants and cooperative agreements
entered into with non-Federal entities.
(2) Information security.--The policy developed under
paragraph (1) shall include the following
specifications, which to the extent practicable, shall
be based on industry standards and technical guidance
from the National Institute of Standards and
Technology, to address the risks associated with
processing, storing and transmitting Federal
information in a UAS:
(A) Protections to ensure controlled access
of UAS.
(B) Protecting software, firmware, and
hardware by ensuring changes to UAS are
properly managed, including by ensuring UAS can
be updated using a secure, controlled, and
configurable mechanism.
(C) Cryptographically securing sensitive
collected, stored, and transmitted data,
including proper handling of privacy data and
other controlled unclassified information.
(D) Appropriate safeguards necessary to
protect sensitive information, including during
and after use of UAS.
(E) Appropriate data security to ensure that
data is not transmitted to or stored in non-
approved locations.
(F) The ability to opt out of the uploading,
downloading, or transmitting of data that is
not required by law or regulation and an
ability to choose with whom and where
information is shared when it is required.
(3) Requirement.--The policy developed under
paragraph (1) shall reflect an appropriate risk-based
approach to information security related to use of UAS.
(4) Revision of acquisition regulations.--Not later
than 180 days after the date on which the policy
required under paragraph (1) is issued--
(A) the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition
Regulation, as necessary, to implement the
policy; and
(B) any executive agency or other Federal
entity not subject to, or not subject solely
to, the Federal Acquisition Regulation shall
revise applicable policy, guidance, or
regulations, as necessary, to implement the
policy.
(5) Exemption.--In developing the policy required
under paragraph (1), the Director of the Office of
Management and Budget shall incorporate an exemption to
the policy for the following reasons:
(A) In the case of procurement for the
purposes of training, testing, or analysis
for--
(i) electronic warfare; or
(ii) information warfare operations.
(B) In the case of researching UAS
technology, including testing, evaluation,
research, or development of technology to
counter UAS.
(C) In the case of a head of the procuring
executive agency determining, in writing, that
no product that complies with the information
security requirements described in paragraph
(2) is capable of fulfilling mission critical
performance requirements, and such
determination--
(i) may not be delegated below the
level of the Deputy Secretary of the
procuring executive agency;
(ii) shall specify--
(I) the quantity of end items
to which the waiver applies,
the procurement value of which
may not exceed $50,000 per
waiver; and
(II) the time period over
which the waiver applies, which
shall not exceed 3 years;
(iii) shall be reported to the Office
of Management and Budget following
issuance of such a determination; and
(iv) not later than 30 days after the
date on which the determination is
made, shall be provided to the
Committee on Homeland Security and
Government Affairs of the Senate and
the Committee on Oversight and Reform
of the House of Representatives.
(i) Study on the Supply Chain for Unmanned Aircraft Systems
and Components.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment,
in consultation with the Administrator of the National
Aeronautics and Space Administration, shall provide to
the appropriate congressional committees a report on
the supply chain for covered unmanned aircraft systems,
including a discussion of current and projected future
demand for covered unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) A description of the current and future
global and domestic market for covered unmanned
aircraft systems that are not widely
commercially available except from a covered
foreign entity.
(B) A description of the sustainability,
availability, cost, and quality of secure
sources of covered unmanned aircraft systems
domestically and from sources in allied and
partner countries.
(C) The plan of the Secretary of Defense to
address any gaps or deficiencies identified in
subparagraph (B), including through the use of
funds available under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.) and
partnerships with the National Aeronautics and
Space Administration and other interested
persons.
(D) Such other information as the Under
Secretary of Defense for Acquisition and
Sustainment determines to be appropriate.
(3) Covered unmanned aircraft system defined.--In
this subsection, the term ``covered unmanned aircraft
system'' means an unmanned aircraft system (as defined
in subsection (a)) and any components of such a system.
----------
142. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, insert the following:
SEC. 5__. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING USE OF
UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL GUARD.
Not later than September 30, 2022, the Secretary of Defense
shall implement recommendations of the Secretary described in
section 519C(a)(2) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
143. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO
EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) 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 inserting after paragraph (2) the following:
``(3) a calculation of the annual costs to the
Department for assistance provided to--
``(A) the Federal Emergency Management Agency
or Federal land management agencies--
``(i) pursuant to requests for such
assistance; and
``(ii) approved under the National
Interagency Fire Center; and
``(B) any State, Territory, or possession
under title 10 or title 32, United States Code,
regarding extreme weather.''.
----------
144. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE
FEDERAL GOVERNMENT.
Section 1091 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is
amended--
(1) by striking subsection (c);
(2) in subsection (d)--
(A) in paragraph (1), by striking ``up to
seven''; and
(B) by amending paragraph (2) to read as
follows:
``(2) Expiration of right of refusal.--A right of
refusal afforded the Secretary of Agriculture or the
Secretary of Homeland Security under paragraph (1) with
regards to an aircraft shall expire upon official
notice of such Secretary to the Secretary of Defense
that such Secretary declines such aircraft.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``, search
and rescue, or emergency operations pertaining
to wildfires'' after ``purposes''; and
(B) in paragraph (2), by inserting ``, search
and rescue, emergency operations pertaining to
wildfires,'' after ``efforts'';
(4) by striking subsection (f); and
(5) by adding at the end the following new
subsection:
``(h) Reporting.--Not later than November 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on aircraft transferred, during the
fiscal year preceding the date of such report to--
``(1) the Secretary of Agriculture or the Secretary
of Homeland Security under this section;
``(2) the chief executive officer of a State under
section 112 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81); or
``(3) the Secretary of the Air Force or the Secretary
of Agriculture under section 1098 of the National
Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 881).''.
----------
145. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. UPDATED REVIEW AND ENHANCEMENT OF EXISTING AUTHORITIES FOR
USING AIR FORCE AND AIR NATIONAL GUARD MODULAR
AIRBORNE FIRE-FIGHTING SYSTEMS AND OTHER DEPARTMENT
OF DEFENSE ASSETS TO FIGHT WILDFIRES.
Section 1058 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is
amended by adding at the end the following new subsection:
``(g) Updated Review and Enhancement.--(1) Not later than 120
days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Director shall
submit to Congress a report--
``(A) containing the results of a second review
conducted under subsection (a) and a second
determination made under subsection (b); and
``(B) based on such second determination, describing
the new modifications proposed to be made to existing
authorities under subsection (c) or (d), including
whether there is a need for legislative changes to
further improve the procedures for using Department of
Defense assets to fight wildfires.
``(2) The new modifications described in paragraph (1)(B)
shall not take effect until the end of the 30-day period
beginning on the date on which the report is submitted to
Congress under this subsection.''.
----------
146. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. FUNDING INCREASE FOR COLD WEATHER CAPABILITIES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for applied research, materials,
line 005 (PE 0602102F), is hereby increased by $7,500,000.
(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 Integrated Personnel and Pay System
- Army (IPPS-A), line 121, is hereby reduced by $7,500,000.
----------
147. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CISA DIRECTOR APPOINTMENT AND TERM.
Subsection (b) of section 2202 of the Homeland Security Act
of 2002 (6 U.S.C. 652) is amended--
(1) in paragraph (1), by adding at the end the
following new sentence: ``The Director shall be
appointed by the President, by and with the advice and
consent of the Senate.'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) Term.--Effective with respect to an individual
appointed pursuant to paragraph (1) after the date of
the enactment of this paragraph, the term of office of
such an individual so appointed shall be five years.
The term of office of the individual serving as the
Director on the day before the date of the enactment of
this paragraph shall be five years beginning from the
date on which such Director began serving.''.
----------
148. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with
the agreement entitled the ``Agreement between the
Government of the United States of America and the
Government of the State of Israel on Cooperation in
Science and Technology for Homeland Security Matters'',
dated May 29, 2008 (or successor agreement), and the
requirements specified in paragraph (2), shall
establish a grant program at the Department to
support--
(A) cybersecurity research and development;
and
(B) demonstration and commercialization of
cybersecurity technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding any other
provision of law, in carrying out a research,
development, demonstration, or commercial
application program or activity that is
authorized under this section, the Secretary
shall require cost sharing in accordance with
this paragraph.
(B) Research and development.--
(i) In general.--Except as provided
in clause (ii), the Secretary shall
require not less than 50 percent of the
cost of a research, development,
demonstration, or commercial
application program or activity
described in subparagraph (A) to be
provided by a non-Federal source.
(ii) Reduction.--The Secretary may
reduce or eliminate, on a case-by-case
basis, the percentage requirement
specified in clause (i) if the
Secretary determines that such
reduction or elimination is necessary
and appropriate.
(C) Merit review.--In carrying out a
research, development, demonstration, or
commercial application program or activity that
is authorized under this section, awards shall
be made only after an impartial review of the
scientific and technical merit of the proposals
for such awards has been carried out by or for
the Department.
(D) Review processes.--In carrying out a
review under subparagraph (C), the Secretary
may use merit review processes developed under
section 302(14) of the Homeland Security Act of
2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant shall be
eligible to receive a grant under this subsection if
the project of such applicant--
(A) addresses a requirement in the area of
cybersecurity research or cybersecurity
technology, as determined by the Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity,
academic institution, National
Laboratory (as such term is defined in
section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801)), or nonprofit
entity in the United States; and
(II) a for-profit business entity,
academic institution, or nonprofit
entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant
under this subsection, an applicant shall submit to the
Secretary an application for such grant in accordance
with procedures established by the Secretary, in
consultation with the advisory board established under
paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall
establish an advisory board to--
(i) monitor the method by which
grants are awarded under this
subsection; and
(ii) provide to the Secretary
periodic performance reviews of actions
taken to carry out this subsection.
(B) Composition.--The advisory board
established under subparagraph (A) shall be
composed of three members, to be appointed by
the Secretary, of whom--
(i) one shall be a representative of
the Federal Government;
(ii) one shall be selected from a
list of nominees provided by the United
States-Israel Binational Science
Foundation; and
(iii) one shall be selected from a
list of nominees provided by the United
States-Israel Binational Industrial
Research and Development Foundation.
(6) Contributed funds.--Notwithstanding any other
provision of law, the Secretary may accept or retain
funds contributed by any person, government entity, or
organization for purposes of carrying out this
subsection. Such funds shall be available, subject to
appropriation, without fiscal year limitation.
(7) Report.--Not later than 180 days after the date
of completion of a project for which a grant is
provided under this subsection, the grant recipient
shall submit to the Secretary a report that contains--
(A) a description of how the grant funds were
used by the recipient; and
(B) an evaluation of the level of success of
each project funded by the grant.
(8) Classification.--Grants shall be awarded under
this subsection only for projects that are considered
to be unclassified by both the United States and
Israel.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section not less than
$6,000,000 for each of fiscal years 2022 through 2026.
(c) Definitions.--In this section--
(1) the term ``cybersecurity research'' means
research, including social science research, into ways
to identify, protect against, detect, respond to, and
recover from cybersecurity threats;
(2) the term ``cybersecurity technology'' means
technology intended to identify, protect against,
detect, respond to, and recover from cybersecurity
threats;
(3) the term ``cybersecurity threat'' has the meaning
given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501; enacted
as title I of the Cybersecurity Act of 2015 (division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113)));
(4) the term ``Department'' means the Department of
Homeland Security; and
(5) the term ``Secretary'' means the Secretary of
Homeland Security.
----------
149. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
At the appropriate place in title VIII, add the following new
section:
SEC. 8__. DUTIES OF SMALL BUSINESS DEVELOPMENT CENTER COUNSELORS.
Section 21 of the Small Business Act (15 U.S.C. 648) is
amended by adding at the end the following:
``(o) Cyber Strategy Training for Small Business Development
Centers.--
``(1) Definitions.--In this subsection--
``(A) the term `cyber strategy' means
resources and tactics to assist in planning for
cybersecurity and defending against cyber risks
and cyber attacks; and
``(B) the term `lead small business
development center' means a small business
development center that has received a grant
from the Administration.
``(2) Certification program.--The Administrator shall
establish a cyber counseling certification program, or
approve a similar existing program, to certify the
employees of lead small business development centers to
provide cyber planning assistance to small business
concerns.
``(3) Number of certified employees.--The
Administrator shall ensure that the number of employees
of each lead small business development center who are
certified in providing cyber planning assistance under
this subsection is not fewer than the lesser of--
``(A) 5; or
``(B) 10 percent of the total number of
employees of the lead small business
development center.
``(4) Consideration of small business development
center cyber strategy.--In carrying out this
subsection, the Administrator, to the extent
practicable, shall consider any cyber strategy methods
included in the Small Business Development Center Cyber
Strategy developed under section 1841(a) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2662).
``(5) Reimbursement for certification.--
``(A) In general.--Subject to the
availability of appropriations and subparagraph
(B), the Administrator shall reimburse a lead
small business development center for costs
relating to the certification of an employee of
the lead small business development center
under the program established under paragraph
(2).
``(B) Limitation.--The total amount
reimbursed by the Administrator under
subparagraph (A) may not exceed $350,000 in any
fiscal year.''.
----------
150. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CYBER INCIDENT RESPONSE PLAN.
Subsection (c) of section 2210 of the Homeland Security Act
of 2002 (6 U.S.C. 660) is amended--
(1) by striking ``regularly update'' and inserting
``update not less often then biennially''; and
(2) by adding at the end the following new sentence:
``The Director, in consultation with relevant Sector
Risk Management Agencies and the National Cyber
Director, shall develop mechanisms to engage with
stakeholders to educate such stakeholders regarding
Federal Government cybersecurity roles and
responsibilities for cyber incident response.''.
----------
151. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. 13__. PROHIBITION ON SECURITY COOPERATION WITH BRAZIL.
None of the funds authorized to be appropriated or otherwise
made available by this Act may be made available to provide any
United States security assistance or security cooperation to
the defense, security, or police forces of the Government of
Brazil for the purpose of involuntarily relocating, including
through coercion or the use of force, the indigenous or
Quilombola communities of Brazil.
----------
152. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN
GOVERNMENTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States, in consultation with the Secretary of State, the
Secretary of the Treasury, and the head of any other relevant
Federal department or agency that the Comptroller General
determines necessary, shall submit to the appropriate
congressional committees a report on all comprehensive
sanctions imposed on de jure or de facto governments of foreign
countries, and all comprehensive sanctions imposed on non-state
actors that exercise significant de facto governmental control
over a foreign civilian population, under any provision of law.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an assessment of the effect of sanctions imposed
on the government of each foreign country and each non-
state actor that exercises significant de facto
governmental control over a foreign civilian population
described in subsection (a) on--
(A) the ability of civilian population of the
country to access water, food, sanitation, and
public health services, including all
humanitarian aid and supplies related to the
prevention, diagnosis, and treatment of COVID-
19;
(B) the changes to the general mortality
rate, maternal mortality rate, life expectancy,
and literacy;
(C) the extent to which there is an increase
in refugees or migration to or from the country
or an increase in internally displaced people
in the country;
(D) the degree of international compliance
and non-compliance of the country; and
(E) the licensing of transactions to allow
access to essential goods and services to
vulnerable populations, including the number of
licenses applied for, approved, or denied and
reasons why such licenses were denied, and
average time to receive a decision; and
(2) a description of the purpose of sanctions imposed
on the government of each foreign country and each non-
state actor that exercises significant de facto
governmental control over a foreign civilian population
described in subsection (a) and the required legal or
political authority, including--
(A) an assessment of United States national
security;
(B) an assessment of whether the stated
foreign policy goals of the sanctions are being
met;
(C) the degree of international support or
opposition to the sanctions; and
(D) an assessment of such sanctions on United
States businesses, consumers, and financial
institutions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be
published on a publicly-available website of the Government of
the United States.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Affairs, and the
Committee on Finance of the Senate.
----------
153. An Amendment To Be Offered by Representative Garcia of California
or His Designee, Debatable for 10 Minutes
After section 565, insert the following and redesignate
subsequent sections accordingly:
SEC. 566. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF THE
UNIFORMED SERVICES AND THEIR SPOUSES.
(a) In General.--Title VII of the Servicemembers Civil Relief
Act (50 U.S.C. 4021 et seq.) is amended by inserting after
section 705 (50 U.S.C. 4025) the following new section:
``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF SERVICEMEMBERS AND
THEIR SPOUSES.
``(a) In General.--In any case in which a servicemember has a
professional license in good standing in a jurisdiction or the
spouse of a servicemember has a professional license in good
standing in a jurisdiction and such servicemember or spouse
relocates his or her residency because of military orders for
military service to a location that is not in such
jurisdiction, the professional license or certification of such
servicemember or spouse shall be considered valid at a similar
scope of practice and in the discipline applied for in the
jurisdiction of such new residency for the duration of such
military orders if such servicemember or spouse--
``(1) provides a copy of such military orders to the
licensing authority in the jurisdiction in which the
new residency is located;
``(2) remains in good standing with the licensing
authority that issued the license; and
``(3) submits to the authority of the licensing
authority in the new jurisdiction for the purposes of
standards of practice, discipline, and fulfillment of
any continuing education requirements.
``(b) Interstate Licensure Compacts.--If a servicemember or
spouse of a servicemember is licensed and able to operate in
multiple jurisdictions through an interstate licensure compact,
with respect to services provided in the jurisdiction of the
interstate licensure compact by a licensee covered by such
compact, the servicemember or spouse of a servicemember shall
be subject to the requirements of the compact or the applicable
provisions of law of the applicable State and not this
section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 705 the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and
their spouses.''.
____________________________________________________
154. An Amendment To Be Offered by Representative Gibbs of Ohio or His
Designee, Debatable for 10 Minutes
At the end of title LX of division E, insert the following:
SEC. 60__. COMPTROLLER GENERAL REPORT ON EQUIPMENT IN AFGHANISTAN.
The Comptroller General of the United States shall submit to
Congress a report accounting for any equipment provided by the
United States Coast Guard or the Army Corps of Engineers to any
regime in Afghanistan and that has been left behind in
Afghanistan.
----------
155. An Amendment To Be Offered by Representative Gohmert of Texas or
His Designee, Debatable for 10 Minutes
At the appropriate place in title V, insert the following new
section:
SEC. 5__. MILITARY JUSTICE CAREER TRACK FOR JUDGE ADVOCATES.
(a) Establishment.--Each Secretary of a military department
shall establish a military justice career track for judge
advocates under the jurisdiction of the Secretary.
(b) Requirements.--In establishing a military justice career
track under subsection (a) the Secretary concerned shall--
(1) ensure that the career track leads to judge
advocates with military justice expertise in the grade
of colonel, or in the grade of captain in the case of
judge advocates of the Navy, to prosecute and defend
complex cases in military courts-martial;
(2) include the use of skill identifiers to identify
judge advocates for participation in the career track
from among judge advocates having appropriate skill and
experience in military justice matters;
(3) issue guidance for promotion boards considering
the selection for promotion of officers participating
in the career track in order to ensure that judge
advocates who are participating in the career track
have the same opportunity for promotion as all other
judge advocate officers being considered for promotion
by such boards
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
----------
156. An Amendment To Be Offered by Representative Gomez of California
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. 12__. SENSE OF CONGRESS ON KOREAN AND KOREAN-AMERICAN VETERANS OF
THE WAR IN VIETNAM.
(a) Findings.--Congress finds the following:
(1) Korean and Korean-American veterans of the war in
Vietnam served honorably throughout the conflict,
fighting valiantly both as a part of and alongside the
United States Armed Forces and often making the
ultimate sacrifice, with many later becoming United
States citizens.
(2) Military cooperation in the Vietnam War is one of
several examples that demonstrate the robust alliance
of the United States and South Korea, under shared
commitment to democratic principles.
(3) During the Vietnam conflict, more than 3,000,000
members of the United States Armed Forces fought
bravely to preserve and defend these ideals, among them
many Korean Americans who earned citations for their
heroism and honorable service.
(4) South Korea joined the Vietnam conflict to
support the United States Armed Forces and the cause of
freedom at the request of the United States.
(5) From 1964 until the last soldier left Saigon on
March 23, 1973, 325,517 members of South Korea's armed
forces served in Vietnam, the largest contribution of
troops sent by an ally of the United States.
(6) South Korean forces fought bravely throughout the
theater and were known for their dedication, tenacity,
and effectiveness on the battlefield.
(7) More than 17,000 Korean soldiers were injured,
and over 4,400 Korean soldiers made the ultimate
sacrifice in defense of United States friends and
allies.
(8) There are approximately 3,000 naturalized Korean
Americans who served in the Vietnam War currently
living in the United States, many of whom suffer from
significant injuries due to their service in Vietnam,
including post-traumatic stress disorder, total
disability, and the effects of the toxic defoliant
Agent Orange.
(9) Korean-American veterans of the Vietnam conflict
upheld the highest ideals of the United States through
their dedicated service and considerable sacrifices,
with many continuing to carry the visible and invisible
wounds of war to this day.
(b) Sense of Congress.--It is the sense of Congress that
Korean and Korean-American veterans who served alongside the
United States Armed Forces in the Vietnam war fought with honor
and valor.
----------
157. An Amendment To Be Offered by Representative Gomez of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, add the following:
SEC. 328. SENSE OF CONGRESS REGARDING ELECTRIC OR ZERO-EMISSION
VEHICLES FOR NON-COMBAT VEHICLE FLEET.
It is the sense of Congress that any new non-tactical Federal
vehicle purchased by the Department of Defense for use outside
of combat should, to the greatest extent practicable, be an
electric or zero-emission vehicle.
----------
158. An Amendment To Be Offered by Representative Gonzales of Texas or
His Designee, Debatable for 10 Minutes
At the end of title XI, add the following new section:
SEC. 11__. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS
``Sec. 10301. Definitions.
``Sec. 10302. Establishment.
``Sec. 10303. Organization.
``Sec. 10304. Assignments.
``Sec. 10305. Reservist continuing education.
``Sec. 10306. Congressional reports.
``SEC. 10301. DEFINITIONS.
``In this chapter:
``(1) Active reservist.--The term `active reservist'
means a reservist holding a position to which such
reservist has been appointed under section 10303(c)(2).
``(2) Administrator.--The term `Administrator' means
the Administrator of the General Services
Administration.
``(3) Inactive reservist.--The term `inactive
reservist' means a reservist who is not serving in an
appointment under section 10303(c)(2).
``(4) Program.--The term `Program' means the program
established under section 10302(a).
``(5) Reservist.--The term `reservist' means an
individual who is a member of the National Digital
Reserve Corps.
``SEC. 10302. ESTABLISHMENT.
``(a) Establishment.--There is established in the General
Services Administration a program to establish, manage, and
assign a reserve of individuals with relevant skills and
credentials, to be known as the `National Digital Reserve
Corps', to help address the digital and cybersecurity needs of
Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the
date of the enactment of this section, the
Administrator shall issue guidance for the National
Digital Reserve Corps, which shall include procedures
for coordinating with Executive agencies to--
``(A) identify digital and cybersecurity
needs which may be addressed by the National
Digital Reserve Corps; and
``(B) assign active reservists to address
such needs.
``(2) Recruitment and initial assignments.--Not later
than one year after the date of the enactment of this
section, the Administrator shall begin recruiting
reservists and assigning active reservists under the
Program.
``SEC. 10303. ORGANIZATION.
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps
shall be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program,
the Administrator shall--
``(A) establish standards for serving as a
reservist, including educational attainment,
professional qualifications, and background
checks;
``(B) ensure the standards established under
subparagraph (A) are met;
``(C) recruit individuals to the National
Digital Reserve Corps;
``(D) activate and deactivate reservists as
necessary;
``(E) coordinate with Executive agencies to--
``(i) determine the digital and
cybersecurity needs which reservists
shall be assigned to address;
``(ii) ensure reservists have access,
resources, and equipment required to
address digital and cybersecurity needs
which such reservists are assigned to
address; and
``(iii) analyze potential assignments
for reservists to determine outcomes,
develop anticipated assignment
timelines, and identify Executive
agency partners;
``(F) ensure reservists acquire and maintain
appropriate suitability and security
eligibility and access; and
``(G) determine what additional resources, if
any, are required to successfully implement the
Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a
reservist only if such individual enters into a
written agreement with the Administrator to
become a reservist.
``(B) Contents.--The agreement under
subparagraph (A) shall--
``(i) require the individual seeking
to become a reservist to serve as a
reservist for a three-year period,
during which such individual shall
serve not less than 30 days per year as
an active reservist; and
``(ii) set forth all other the rights
and obligations of the individual and
the General Services Administration.
``(2) Employee status and compensation.--
``(A) Employee status.--An inactive reservist
shall not be considered to be a Federal
employee for any purpose solely on the basis of
being a reservist.
``(B) Compensation.--The Administrator shall
determine the appropriate compensation for
service as an active reservist, except that the
maximum rate of pay may not exceed the maximum
rate of basic pay payable for GS-15 (including
any applicable locality-based comparability
payment under section 5304 or similar provision
of law).
``(3) Userra employment and reemployment rights.--
``(A) In general.--The protections, rights,
benefits, and obligations provided under
chapter 43 of title 38 shall apply to active
reservists of the National Reserve Digital
Corps appointed pursuant to paragraph (2) of
subsection (c) of section 10303 of this chapter
to perform service to the General Services
Administration under section 10304 of this
chapter, or to train for such service under
section 10305 of this chapter.
``(B) Notice of absence from position of
employment.--Preclusion of giving notice of
service by necessity of service under paragraph
(2) of subsection (c) of section 10303 of this
chapter to perform service to the General
Services Administration under section 10304 of
this chapter, or to train for such service
under section 10305 of this chapter, shall be
deemed preclusion by ``military necessity'' for
purposes of section 4312(b) of title 38
pertaining to giving notice of absence from a
position of employment. A determination of such
necessity shall be made by the Administrator
and shall not be subject to review in any
judicial or administrative proceeding.
``(4) Penalties.--
``(A) In general.--A reservist that fails to
accept an appointment under subsection (c)(2)
or fails to carry out the duties assigned to
reservist under such an appointment shall,
after notice and an opportunity to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to
the amounts, if any, paid under section
10305 with respect to training expenses
for such reservist.
``(B) Exception.--With respect to a failure
of a reservist to accept an appointment under
subsection (c)(2) or to carry out the duties
assigned to the reservist under such an
appointment--
``(i) subparagraph (A) shall not
apply if the failure was due to the
continuation, recurrence, or onset of a
serious health condition or any other
circumstance beyond the control of the
reservist; and
``(ii) the Administrator may waive
the application of subparagraph (A), in
whole or in part, if the Administrator
determines that applying subparagraph
(A) with respect to the failure would
be against equity and good conscience
and not in the best interest of the
United States.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may
appoint qualified candidates to positions in the
competitive service in the General Service
Administration for which the primary duties are related
to the management or administration of the National
Digital Reserve Corps, as determined by the
Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may
appoint, without regard to the provisions of
subchapter I of chapter 33 (other than sections
3303 and 3328), qualified reservists to
temporary positions in the competitive service
for the purpose of assigning such reservists
under section 10304 and to otherwise carry out
the National Digital Reserve Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator
may not appoint an individual under
this paragraph if, during the 365-day
period ending on the date of such
appointment, such individual has been
an officer or employee of the executive
or legislative branch of the United
States Government or of any independent
agency of the United States 130 or more
days.
``(ii) Automatic appointment
termination.--The appointment of an
individual under this paragraph shall
terminate upon such individual being
employed as an officer or employee of
the executive or legislative branch of
the United States Government or of any
independent agency of the United States
for 130 days during the previous 365
days.
``(C) Employee status.--An individual
appointed under this paragraph shall be
considered a special Government employee (as
such term is defined in section 202(a) of title
18).
``(D) Additional employees.--Individuals
appointed under this paragraph shall be in
addition to any employees of the General
Services Administration whose duties relate to
the digital or cybersecurity needs of the
General Services Administration.
``SEC. 10304. ASSIGNMENTS.
``(a) In General.--The Administrator may assign active
reservists to address the digital and cybersecurity needs of
Executive agencies, including cybersecurity services, digital
education and training, data triage, acquisition assistance,
guidance on digital projects, development of technical
solutions, and bridging public needs and private sector
capabilities.
``(b) Assignment-specific Access, Resources, Supplies, or
Equipment.--The head of an Executive agency shall, to the
extent practicable, provide each active reservist assigned to
address a digital or cybersecurity need of such Executive
agency under subsection (a) with any specialized access,
resources, supplies, or equipment required to address such
digital or cybersecurity need.
``(c) Duration.--An assignment of an individual under
subsection (a) shall terminate on the earlier of--
``(1) the date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the
Executive agency, the digital or cybersecurity needs of
which such individual is assigned to address under
subsection (a), that such assignment should terminate;
or
``(3) the date on which the assigned individual
ceases to be an active reservist.
``(d) Compliance.--The Administrator shall ensure that
assignments under subsection (a) are consistent with all
applicable Federal ethics rules and Federal appropriations
laws.
``SEC. 10305. RESERVIST CONTINUING EDUCATION.
``(a) In General.--Subject to the availability of
appropriations, the Administrator may pay for reservists to
acquire training and receive continuing education, including
attending conferences and seminars and obtaining
certifications, that will enable reservists to more effectively
meet the digital and cybersecurity needs of Executive agencies.
``(b) Application.--The Administrator shall establish a
process for reservists to apply for the payment of reasonable
expenses related to the training or continuing education
described in subsection (a).
``(c) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report on the
expenditures under this subsection.
``SEC. 10306. CONGRESSIONAL REPORTS.
``Not later than two years after the date of the enactment of
this section, and annually thereafter, the Administrator shall
submit to Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of Executive agencies that have
submitted requests for support from the National
Digital Reserve Corps;
``(3) the nature and status of such requests; and
``(4) with respect to each such request to which
active reservists have been assigned and for which work
by the National Digital Reserve Corps has concluded, an
evaluation of such work and the results of such work
by--
``(A) the Executive agency that submitted the
request; and
``(B) the reservists assigned to such
request.''.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by inserting after
the item related to chapter 102 the following new item:
``103. National Digital Reserve Corps...........................10303''.
(c) Conforming Amendments.--
(1) Service definitions.--Section 4303 of title 38,
United States Code, is amended--
(A) in paragraph (13), by inserting ``, a
period for which a person is absent from a
position of employment to perform service to
the General Services Administration as an
active reservist of the National Reserve
Digital Corps under section 10304 of Title 5,
or inactive reservist training for such service
under section 10305 of Title 5,'' before ``,
and a period''; and
(B) in the second paragraph (16), by
inserting ``, active reservists of the National
Reserve Digital Corps who are appointed into
General Services Administration service under
section 10303(c)(2) of Title 5, or inactive
reservist training for such service under
section 10305 of Title 5,'' before ``, and any
other category''.
(2) Reemployment service notice requirement.--Section
4312(b) of title 38, United States Code, is amended by
striking ``A determination of military necessity'' and
all that follows and inserting the following: ``A
determination of military necessity for the purposes of
this subsection--
``(1) shall be made--
``(A) except as provided under subparagraph
(B), (C), or (D), pursuant to regulations
prescribed by the Secretary of Defense;
``(B) for persons performing service to the
Federal Emergency Management Agency under
section 327 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5165f) and as intermittent personnel under
section 306(b)(1) of such Act, by the
Administrator of the Federal Emergency
Management Agency as described in sections
327(j)(2) and 306(d)(2), respectively, of such
Act;
``(C) for intermittent disaster-response
appointees of the National Disaster Medical
System, by the Secretary of Health and Human
Services as described in section 2812(d)(3)(B)
of the Public Health Service Act (42 U.S.C.
300hh-11(d)(3)(B)); and
``(D) for active reservists of the National
Reserve Digital Corps performing service to the
General Services Administration under section
10304 of title 5, or inactive reservist
training for such service under section 10305
of Title 5, by the Administrator of the General
Services Administration as described in section
10303(b)(3)(B) of title 5; and
``(2) shall not be subject to judicial review.''.
(d) Authorization of Appropriations.--There is authorized to
be appropriated $30,000,000, to remain available until fiscal
year 2023, to carry out the program established under section
10302(a) of title 5, United States Code, as added by this
section.
----------
159. An Amendment To Be Offered by Representative Gonzales of Ohio or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XVI, add the following new
section:
SEC. 16__. REPORT ON GLOBAL NUCLEAR LEADERSHIP OF THE UNITED STATES.
(a) Requirement.--Not later than one year after the date of
the enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of State, the Secretary of
Defense, the Chairman of the Nuclear Regulatory Commission, the
Director of National Intelligence, and the Secretary of
Commerce, shall submit to the appropriate congressional
committees a report analyzing--
(1) the opportunities for advancing the interests of
the United States with respect to global nuclear
safety, nuclear security, and nuclear nonproliferation;
and
(2) the risks to such interests of the United States,
and the risks to wider foreign policy influence by the
United States, posed by the dominance of Russia in the
global nuclear energy market and the increasing supply
by China to such market.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment of the historical role of civil
nuclear cooperation agreements and supply arrangements
made pursuant to the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) in influencing the policies and
practices of foreign governments concerning nuclear
safety, nuclear security, and nuclear nonproliferation,
and the wider foreign policy interests, including--
(A) a description of possible opportunities
for using nuclear cooperation agreements and
related exports to improve nuclear safety,
nuclear security, and nuclear nonproliferation,
and the foreign policy interests of the United
States;
(B) a description of potential risks
associated with such agreements and nuclear
exports; and
(C) a description of the potential market for
small and advanced reactor technologies.
(2) An assessment of the competitiveness of the
United States against Russia and China in the global
nuclear energy market, including--
(A) a comparison of nuclear reactor research
and design by Russia and China with analogous
research and design by the United States;
(B) a comparison of the ability of Russia and
China to produce and export nuclear technology
with analogous abilities of the United States;
(C) a description of the factors enabling
progress made by Russia and China regarding
civil nuclear technology;
(D) a comparison of the export policies of
the United States with regard to civil nuclear
technology, including the role, if any, of
financial support, with such policies of Russia
and China;
(E) a list of specific reactor designs,
including fuel characteristics, that Russia and
China have offered for export; and
(F) details of any agreements made by Russia
or China for exporting nuclear technology,
including the duration, purchase price,
potential profitability, any provisions
regarding spent fuel take back, related
regulatory support, and any other elements that
compromise a competitive offer.
(3) An assessment, if applicable, of the means by
which Russia or China uses foreign-origin dual-use
nuclear technology for military purposes.
(4) Recommendations for regulatory or legislative
actions for developing a robust free-enterprise
response designed to improve the competitiveness of the
United States in the global nuclear energy market.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Energy and Natural Resources,
the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Energy and Commerce, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
----------
160. An Amendment To Be Offered by Representative Gonzales of Ohio or
His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. CHINA ECONOMIC DATA COORDINATION CENTER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the Secretary of the Treasury, shall
establish within the Bureau of Economic Analysis of the
Department of Commerce a China Economic Data Coordination
Center (in this section referred to as the ``Center'').
(b) Duties.--The Center, in coordination with the heads of
other relevant Federal agencies and the private sector, shall
collect and synthesize official and unofficial Chinese economic
data on developments in China's financial markets and United
States exposure to risks and vulnerabilities in China's
financial system, including--
(1) data on baseline economic statistics such as
gross domestic product (GDP) and other indicators of
economic health;
(2) data on national and local government debt;
(3) data on nonperforming loan amounts;
(4) data on the composition of shadow banking assets;
(5) data on the composition of China's foreign
exchange reserves;
(6) data on bank loan interest rates;
(7) data on United States retirement accounts tied to
Chinese investments;
(8) data on China's exposure to foreign borrowers and
flows of official financing for China's Belt and Road
Initiatve and other trade-related initiatives,
including data from the Export-Import Bank of China,
the China Export and Credit Insurance Corporation
(Sinosure), and the China Development Bank;
(9) data on sovereign or near-sovereign loans made by
China to other countries or guaranteed by sovereign
entities; and
(10) data on Chinese domestic retirement accounts and
investments.
(c) Briefings.--The Center shall provide to the appropriate
congressional committees and the private sector on a biannual
basis briefings on implementation of the duties of the Center.
(d) Reports and Public Updates.--
(1) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the Bureau of
Economic Analysis of the Department of Commerce shall
submit to the appropriate congressional committees a
report that--
(A) describes the current capabilities of the
Center; and
(B) describes the estimated resources,
staffing, and funding needed for the Center to
operate, including the estimated resources,
staffing, and funding needed for the Center to
operate at increased capacity.
(2) Ongoing reports.--
(A) In general.--Not later than 90 days after
the date of the establishment of the Center
under subsection (a), and on a quarterly basis
thereafter, the Center shall submit to the
appropriate congressional committees a report
in writing on implementation of the duties of
the Center.
(B) Matters to be included.--The report
required by this subsection shall include--
(i) key findings, data, the research
and development activities of the
affiliates of United States
multinational enterprises operating in
China, and a description of the
implications of such activities for
United States production, employment,
and the economy; and
(ii) a description of United States
industry interactions with Chinese
state-owned enterprises and other
state-affiliated entities and inbound
Chinese investments.
(3) Public updates.--The Center shall provide to the
public on a monthly basis updates on implementation of
the duties of the Center.
(e) Recommendations and Strategies.--The Secretary of the
Treasury, using data collected and synthesized by the Center
under subsection (b) and in consultation with the Center,
shall--
(1) develop recommendations and strategies for ways
in which the United States can respond to potential
risks and exposures within China's financial system;
and
(2) not later than 90 days after the date of the
establishment of the Center under subsection (a),
submit to the appropriate congressional committees a
report that contains such recommendations and
strategies.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Energy and
Commerce of the House of Representatives; and
(2) Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Commerce, Science, and Transportation of the Senate.
----------
161. An Amendment To Be Offered by Representative Gonzales of Ohio or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following new
section:
SEC. 5__. PILOT PROGRAM ON ACTIVITIES UNDER THE TRANSITION ASSISTANCE
PROGRAM 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 the services
described in subsection (c) as part of the Transition
Assistance Program for members of the Armed Forces
participating in the Transition Assistance Program as a means
of reducing the incidence of suicide among veterans.
(b) Module.--The module described in this subsection is a
three-hour module under the Transition Assistance Program for
each member of the Armed Forces participating in the pilot
program that includes the following:
(1) An in-person meeting between the cohort of the
member and a social worker or mental health provider in
which the social worker or mental health provider--
(A) counsels the cohort on specific potential
risks confronting members after discharge or
release from the Armed Forces, including loss
of community or a support system, isolation
from family, friends, or society, identity
crisis in the transition from military to
civilian life, vulnerability viewed as a
weakness, need for empathy, self-medication and
addiction, importance of sleep and exercise,
homelessness, and reasons why veterans attempt
and complete suicide;
(B) in coordination with the Department of
Defense InTransition program, counsels members
of the cohort who have been diagnosed with
physical, psychological, or neurological
issues, such as post-traumatic stress disorder,
traumatic brain injury, adverse childhood
experiences, depression, and bipolar disorder,
on--
(i) the potential risks for such
members from such issues after
discharge or release; and
(ii) the resources and treatment
options afforded to members for such
issues through the Department of
Veterans Affairs, the Department of
Defense, and non-profit organizations;
(C) counsels the cohort about the resources
afforded to victims of military sexual trauma
through the Department of Veterans Affairs; and
(D) counsels the cohort about the manner in
which members might experience grief during the
transition from military to civilian life, and
the resources afforded to them for grieving
through the Department of Veterans Affairs.
(2) In coordination with the Department of Veterans
Affairs' Solid Start program, the provision to each
cohort member 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 cohort members 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.--The services described in this subsection in
connection with the Transition Assistance Program for each
member of the Armed Forces participating in the pilot program
are the following:
(1) Not later than 90 days after the discharge or
release of the member from the Armed Forces, a contact
of the member by a social worker or behavioral health
coordinator from the Department of Veterans Affairs to
schedule a follow-up appointment with a social worker
or behavioral health provider at the facility
applicable to the member under subsection (b)(2) to
occur not later than 90 days after such contact.
(2) During the appointment scheduled pursuant to
paragraph (1)--
(A) an assessment of the member to determine
the experiences of the member with events
during service in the Armed Forces that could
lead, whether individually or cumulatively, to
physical, psychological, or neurological
issues, including issues described in
subsection (b)(1)(B); and
(B) the development of a medical treatment
plan for the member, including treatment for
issues identified pursuant to the assessment
under subparagraph (A).
(d) Locations.--
(1) In general.--The pilot program shall be carried
out at not fewer than 10 Transition Assistance Centers
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) 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 120 days after the date of the enactment of this
Act.
(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 the
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
date of the enactment of this Act, and every 180 days
thereafter during the duration of the pilot program,
the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to Congress a report on
the activities under the pilot program.
(2) Elements.--Each report required by paragraph (1)
shall include the following:
(A) A description of the members of the Armed
Forces who participated in the pilot program
during the 180-day period ending on the date of
such report, broken out by the following:
(i) Sex.
(ii) Branch of the Armed Forces in
which served.
(iii) Diagnosis of, or other symptoms
consistent with, military sexual
trauma, post-traumatic stress disorder,
traumatic brain injury, depression, or
bipolar disorder in connection with
service in the Armed Forces.
(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 veterans and family members of
veterans.
(D) An assessment whether the activities
under the pilot program as of the date of such
report have reduced the incidence of suicide
among 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
expansion of the pilot program, extension of
the pilot program, or both.
(h) Transition Assistance Program Defined.--In this section,
the term ``Transition Assistance Program'' means the program of
assistance and other transitional services carried out pursuant
to section 1144 of title 10, United States Code.
----------
162. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. INDEPENDENT EPIDEMIOLOGICAL ANALYSIS OF HEALTH EFFECTS FROM
EXPOSURE TO DEPARTMENT OF DEFENSE ACTIVITIES IN
VIEQUES.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek
to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine for the National
Academies of Sciences, Engineering, and Medicine to
perform the services covered by this section.
(2) Timing.--The Secretary shall seek to enter into
the agreement described in paragraph (1) not later than
60 days after the date of the enactment of this Act.
(b) Studies.--
(1) In general.--Under an agreement between the
Secretary and the National Academies of Sciences,
Engineering, and Medicine under this section, the
National Academies of Sciences, Engineering, and
Medicine shall carry out epidemiological studies of the
short-term, long-term, primary, and secondary health
effects caused or sufficiently correlated to exposure
to chemicals and radioactive materials from activities
of the Department of Defense in the communities of
concern, including any recommendations. In carrying out
such studies, the National Academies may incorporate
the research generated pursuant to funding opportunity
number EPA-G2019-ORD-A1.
(2) Elements.--The epidemiological studies carried
out under paragraph (1) and the recommendations
developed under such paragraph shall include the
following:
(A) A list of known contaminants and their
locations that have been left by the Department
of Defense in the communities of concern.
(B) For each contaminant under subparagraph
(A), an epidemiological study that--
(i) estimates the disease burden of
current and past residents of Vieques,
Puerto Rico, from such contaminants;
(ii) incorporates historical
estimates of residents' groundwater
exposure to contaminants of concern
that--
(I) predate the completion of
the water-supply pipeline in
1978;
(II) include exposure to
groundwater from Atlantic
Weapons Fleet Weapons Training
Area ``Area of Concern E'' and
any other exposures that the
National Academies determine
necessary;
(III) consider differences
between the aquifers of
Vieques; and
(IV) consider the differences
between public and private
wells, and possible exposures
from commercial or agricultural
uses; and
(iii) includes estimates of current
residents' exposure to chemicals and
radiation which may affect the
groundwater, food, air, or soil, that--
(I) include current
residents' groundwater exposure
in the event of the water-
supply pipeline being
temporarily lost; and
(II) is based on the actual
practices of residents in
Vieques during times of duress,
for example the use of wells
for fresh water following
Hurricane Maria.
(C) An identification of Military Munitions
Response Program sites that have not fully
investigated whether contaminants identified at
other sites are present or the degree of
contamination present.
(D) The production of separate, peer-reviewed
quality research into adverse health outcomes,
including cancer, from exposure to drinking
water contaminated with methyl tert-butyl ether
(MTBE).
(E) Any other factors the National Academies
determine necessary.
(c) Report.--
(1) In general.--Not later than two years after the
date of the execution of an agreement under subsection
(a), the National Academies of Sciences, Engineering,
and Medicine shall--
(A) submit to the appropriate congressional
committees a report on the findings of the
National Academies under subsection (b); and
(B) make available to the public on a
publicly accessible website a version of the
report that is suitable for public viewing.
(2) Form.--The report submitted under paragraph
(1)(A) shall be submitted in unclassified form.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Natural Resources of the
House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``communities of concern'' means Naval
Station Roosevelt Roads and the former Atlantic Fleet
Weapons Training Area.
----------
163. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, insert the following:
SEC. 10__ LIMITATION ON RETIREMENT OF LCM-8 LANDING CRAFT PLATFORM.
(a) Finding.--Congress finds that the LCM-8 served a vital
function in disaster response operations following Hurricane
Maria.
(b) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2022 may be used to
retire the LCM-8 platform from service in Puerto Rico.
----------
164. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. AVAILABILITY OF MODULAR SMALL ARMS RANGE FOR ARMY RESERVE IN
PUERTO RICO.
The Secretary of Army shall ensure that a modular small arms
range is made available for the Army Reserve in Puerto Rico.
----------
165. An Amendment To Be Offered by Representative Gosar of Arizona or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8___. COMPTROLLER GENERAL REPORT ON MERGERS AND ACQUISITIONS IN
THE DEFENSE INDUSTRIAL BASE.
Not later than March 1, 2022, the Comptroller General of the
United States shall submit to Congress a report on the impact
of mergers and acquisitions of defense industrial base
contractors on the procurement processes of the Department of
Defense.
----------
166. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Annual Report.--The Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of
Defense, shall submit to the appropriate congressional
committees an annual report on--
(1) the use of online social media platforms by
entities designated as foreign terrorist organizations
by the Department of State for recruitment,
fundraising, and the dissemination of information; and
(2) the threat posed to the national security of the
United States by the online radicalization of
terrorists and violent extremists.
(b) Appropriate Congressional Committees.--In this section,
the appropriate congressional committees are--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate.
----------
167. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 596. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and
Readiness shall submit annually to the Committees on Armed
Services of the Senate and House of Representatives a report
containing an analysis of the costs of living, nationwide, for
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
----------
168. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
Page 127, line 21, after ``SUBSTANCES'' insert ``OR LEAD''.
Page 127, line 22, after ``PFAS'' insert``AND LEAD''.
Page 128, line 3, after ```PFAS)''' insert ``or for lead''.
Page 128, line 18, after ``substances''' insert ``or
lead''.
Page 128, line 20, strike ``PFAS''.
Page 129, line 1, after ``substances''' insert ``or lead''.
Page 129, line 22, after ``substances''' insert ``or
lead''.
Page 130, line 11, after ``substances''' insert ``or
lead''.
----------
169. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY
PROGRAM.
Not later than one year after the date of the enactment of
this Act, the Director of the Defense Logistics Agency shall
submit to the congressional defense committees a report on the
results of a study conducted by the Director on the excess
personal property program under section 2576a of title 10,
United States Code, and the administration of such program by
the Law Enforcement Support Office. Such study shall include--
(1) an analysis of the degree to which personal
property transferred under such program has been
distributed equitably between larger, well-resourced
municipalities and units of government and smaller,
less well-resourced municipalities and units of
government; and
(2) an identification of potential reforms to such
program to ensure that such property is transferred in
a manner that provides adequate opportunity for
participation by smaller, less well-resourced
municipalities and units of government.
----------
170. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. STUDY ON THE FINANCING OF DOMESTIC VIOLENT EXTREMISTS AND
TERRORISTS.
(a) GAO Study on the Financing of Domestic Violent Extremists
and Terrorists.--
(1) Study.--The Comptroller General of the United
States shall conduct a study on the financing of
domestic violent extremists and terrorists, including
foreign terrorist-inspired domestic extremists, which
should consider--
(A) what is known about the primary
mechanisms that domestic violent extremists and
terrorists use to finance their activities,
including the extent to which they rely on
online social media, livestreaming sites,
crowdfunding platforms, digital assets
(including virtual currencies), charities, and
foreign sources to finance their activities;
(B) what is known about any funding that
domestic violent extremists and terrorists
provide to foreign entities for the purposes of
coordination, support, or otherwise furthering
their activities;
(C) any data that selected U.S. agencies
collect related to the financing of domestic
violent extremists and terrorists, and how such
data is used;
(D) the extent to which U.S. agencies
coordinate and share information among
themselves, with foreign partner agencies, and
with the private sector to identify and exploit
the sources of funding for domestic violent
extremists and terrorists;
(E) efforts of financial institutions to
identify and report on suspicious financial
activity related to the financing of domestic
violent extremists and terrorists;
(F) any actions U.S. financial regulators
have taken to address the risks to financial
institutions of the financing of domestic
violent extremists and terrorists; and
(G) with respect to the considerations
described under subparagraphs (A) through (F),
any civil rights and civil liberties
protections currently included in law and
challenges associated with any potential
changes to the legal framework to address them.
(2) Report to congress.--Not later than 18 months
after the date of enactment of this Act, the
Comptroller General of the United States shall report
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services
of the House of Representatives the results of the
study required under paragraph (1).
----------
171. An Amendment To Be Offered by Representative Graves of Louisiana
or His Designee, Debatable for 10 Minutes
After section 504, insert the following and redesignate
subsequent sections accordingly:
SEC. 505. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS; REPORT ON METHODS
TO ENHANCE DOMESTIC RESPONSE TO LARGE SCALE,
COMPLEX AND CATASTROPHIC DISASTERS.
(a) In General.--Section 502(f) of title 32, United States
Code, is amended--
(1) in paragraph (2), by adding at the end the
following:
``(C) Operations or missions authorized by the
President or the Secretary of Defense to support large
scale, complex, catastrophic disasters, as defined by
section 311(3) of title 6, United States Code, at the
request of a State governor.''; and
(2) by adding at the end the following:
``(4) With respect to operations or missions
described under paragraph (2)(C), there is authorized
to be appropriated to the Secretary of Defense such
sums as may be necessary to carry out such operations
and missions, but only if--
``(A) an emergency has been declared by the
governor of the applicable State; and
``(B) the President has declared the
emergency to be a major disaster for the
purposes of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.''.
(b) Report on Methods To Enhance Domestic Response to Large
Scale, Complex and Catastrophic Disasters.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation and coordination with the
Federal Emergency Management Agency, the National
Security Council, the Council of Governors, and the
National Governors Association, shall submit to the
congressional defense, the Committee on Homeland
Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs
of the Senate a report on their plan to establish
policy and processes to implement the authority
provided by the amendments made by section 520. The
report shall include a detailed examination of the
policy framework consistent with existing authorities,
identify major statutory or policy impediments to
implementation, and make recommendations for
legislation as appropriate.
(2) Contents.--The report submitted under paragraph
(1) shall include a description of--
(A) the current policy and processes whereby
governors can request activation of the
National Guard under title 32, United States
Code, as part of the response to large scale,
complex, catastrophic disasters that are
supported by the Federal Government and, if no
formal process exists in policy, the Secretary
of Defense shall provide a timeline and plan to
establish such a policy, including consultation
with the Council of Governors and the National
Governors Association;
(B) the Secretary of Defense's assessment,
informed by consultation with the Federal
Emergency Management Agency, the National
Security Council, the Council of Governors, and
the National Governors Association, regarding
the sufficiency of current authorities for the
reimbursement of National Guard and Reserve
manpower during large scale, complex,
catastrophic disasters under title 10 and title
32, United States Code, and specifically
whether reimbursement authorities are
sufficient to ensure that military training and
readiness are not degraded to fund disaster
response, or invoking them degrades the
effectiveness of the Disaster Relief Fund;
(C) the Department of Defense's plan to
ensure there is parallel and consistent policy
in the application of the authorities granted
under section 12304a of title 10, United States
Code, and section 502(f) of title 32, United
States Code, including--
(i) a description of the disparities
between benefits and protections under
Federal law versus State active duty;
(ii) recommended solutions to achieve
parity at the Federal level; and
(iii) recommended changes at the
State level, if appropriate;
(D) the Department of Defense's plan to
ensure there is parity of benefits and
protections for military members employed as
part of the response to large scale, complex,
catastrophic disasters under title 32 or title
10, United States Code, and recommendations for
addressing shortfalls; and
(E) a review, by the Federal Emergency
Management Agency, of the current policy for,
and an assessment of the sufficiency of,
reimbursement authority for the use of all
National Guard and Reserve, both to the
Department of Defense and to the States, during
large scale, complex, catastrophic disasters,
including any policy and legal limitations, and
cost assessment impact on Federal funding.
----------
172. An Amendment To Be Offered by Representative Graves of Missouri or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. FUNDING FOR SOLDIER LETHALITY TECHNOLOGY.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test and
evaluation, Army, as specified in the corresponding funding
table in section 4201, for advanced technology development,
soldier lethality advanced technology (PE0603118A), line 037,
is hereby increased by $8,000,000.
(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,
Space Force, as specified in the corresponding funding table in
section 4301, for contractor logistics and system support, line
080, is hereby reduced by $8,000,000.
----------
173. An Amendment To Be Offered by Representative Graves of Missouri or
His Designee, Debatable for 10 Minutes
At the end of title LX of division E, insert the following:
SEC. 60__. FLIGHT INSTRUCTION OR TESTING.
(a) In General.--An authorized flight instructor providing
student instruction, flight instruction, or flight training
shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(b) Authorized Additional Pilots.--An individual acting as an
authorized additional pilot during Phase I flight testing of
aircraft holding an experimental airworthiness certificate, in
accordance with section 21.191 of title 14, Code of Federal
Regulations, and meeting the requirements set forth in Federal
Aviation Administration regulations and policy in effect as of
the date of enactment of this section, shall not be deemed to
be operating an aircraft carrying persons or property for
compensation or hire.
(c) Use of Aircraft.--An individual who uses, causes to use,
or authorizes to use aircraft for flights conducted under
subsection (a) or (b) shall not be deemed to be operating an
aircraft carrying persons or property for compensation or hire.
(d) Revision of Rules.--The requirements of this section
shall become effective upon the date of enactment. The
Administrator of the Federal Aviation Administration shall
issue, revise, or repeal the rules, regulations, guidance, or
procedures of the Federal Aviation Administration to conform to
the requirements of this section.
----------
174. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. MILITARY SERVICE QUESTION.
(a) In General.--Subpart A of part 2 of subtitle A of title
VIII of the Housing and Community Development Act of 1992 (12
U.S.C. 4541 et seq.) is amended by adding at the end the
following:
``SEC. 1329. UNIFORM RESIDENTIAL LOAN APPLICATION.
``The Director shall, not later than 6 months after the date
of the enactment of this section, require each enterprise to--
``(1) include a military service question on the form
known as the Uniform Residential Loan Application; and
``(2) position such question above the signature line
of the Uniform Residential Loan Application.''.
(b) Rulemaking.--The Director of the Federal Housing Finance
Agency shall, not later than 6 months after the date of the
enactment of this section, issue a rule to carry out the
amendment made by this section.
----------
175. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. INCLUSION OF VETERANS IN HOUSING PLANNING.
(a) Public Housing Agency Plans.--Section 5A(d)(1) of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is
amended by striking ``and disabled families'' and inserting ``,
disabled families, and veterans (as such term is defined in
section 101 of title 38, United States Code)''.
(b) Comprehensive Housing Affordability Strategies.--
(1) In general.--Section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705) is
amended--
(A) in subsection (b)(1), by inserting
``veterans (as such term is defined in section
101 of title 38, United States Code),'' after
``acquired immunodeficiency syndrome,'';
(B) in subsection (b)(20), by striking ``and
service'' and inserting ``veterans service, and
other service''; and
(C) in subsection (e)(1), by inserting
``veterans (as such term is defined in section
101 of title 38, United States Code),'' after
``homeless persons,''.
(2) Consolidated plans.--The Secretary of Housing and
Urban Development shall revise the regulations relating
to submission of consolidated plans (part 91 of title
24, Code of Federal Regulations) in accordance with the
amendments made by paragraph (1) of this subsection to
require inclusion of appropriate information relating
to veterans and veterans service agencies in all such
plans.
SEC. 5107. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS.
(a) In General.--Not later than December 31 of each year, the
Secretary of Housing and Urban Development shall submit a
report on the activities of the Department of Housing and Urban
Development relating to veterans during such year to the
following:
(1) The Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) The Committee on Veterans' Affairs of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Financial Services of the House
of Representatives.
(5) The Committee on Veterans' Affairs of the House
of Representatives.
(6) The Committee on Appropriations of the House of
Representatives.
(7) The Secretary of Veterans Affairs.
(b) Contents.--Each report required under subsection (a)
shall include the following information with respect to the
year for which the report is submitted:
(1) The name of each public housing agency that
provides assistance under the program of housing choice
vouchers for homeless veterans under section 8(o)(19)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)).
(2) The number of homeless veterans provided
assistance under the program of housing choice vouchers
for homeless veterans under section 8(o)(19) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)), the socioeconomic characteristics and
racial characteristics of such homeless veterans, and
the number, types, and locations of entities contracted
under such section to administer the vouchers.
(3) The number of homeless veterans provided
assistance under the Tribal HUD-VA Supportive Housing
Program (HUD-VASH) authorized by the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L.
113-235; 128 Stat. 2733) the socioeconomic
characteristics and racial characteristics of such
homeless veterans, and the number, types, and locations
of entities contracted under such section to administer
the vouchers.
(4) A summary description of the special
considerations made for veterans under public housing
agency plans submitted pursuant to section 5A of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1)
and under comprehensive housing affordability
strategies submitted pursuant to section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(5) A description of the activities of the Special
Assistant for Veterans Affairs.
(6) A description of the efforts of the Department of
Housing and Urban Development to coordinate the
delivery of housing and services to veterans with other
Federal departments and agencies, including the
Department of Defense, Department of Justice,
Department of Labor, Department of Health and Human
Services, Department of Veterans Affairs, Interagency
Council on Homelessness, and the Social Security
Administration.
(7) The cost to the Department of Housing and Urban
Development of administering the programs and
activities relating to veterans.
(8) Any other information that the Secretary
considers relevant in assessing the programs and
activities of the Department of Housing and Urban
Development relating to veterans.
(c) Assessment of Housing Needs of Very Low-Income Veteran
Families.--
(1) In general.--For the first report submitted
pursuant to subsection (a) and every fifth report
thereafter, the Secretary of Housing and Urban
Development shall--
(A) conduct an assessment of the housing
needs of very low-income veteran families (as
such term is defined in paragraph 5); and
(B) shall include in each such report
findings regarding such assessment.
(2) Content.--Each assessment under this subsection
shall include--
(A) conducting a survey of, and direct
interviews with, a representative sample of
very low-income veteran families (as such term
is defined in paragraph 5) to determine past
and current--
(i) socioeconomic characteristics of
such veteran families;
(ii) barriers to such veteran
families obtaining safe, quality, and
affordable housing;
(iii) levels of homelessness among
such veteran families; and
(iv) levels and circumstances of, and
barriers to, receipt by such veteran
families of rental housing and
homeownership assistance; and
(B) such other information that the Secretary
determines, in consultation with the Secretary
of Veterans Affairs and national
nongovernmental organizations concerned with
veterans, homelessness, and very low-income
housing, may be useful to the assessment.
(3) Conduct.--If the Secretary contracts with an
entity other than the Department of Housing and Urban
Development to conduct the assessment under this
subsection, such entity shall be a nongovernmental
organization determined by the Secretary to have
appropriate expertise in quantitative and qualitative
social science research.
(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Housing and Urban Development, to be available until
expended to carry out this subsection, $1,000,000.
(5) Very low-income veteran family.--The term ``very
low-income veteran family'' means a veteran family
whose income does not exceed 50 percent of the median
income for the area, as determined by the Secretary
with adjustments for smaller and larger families,
except that the Secretary may establish an income
ceiling higher or lower than 50 percent of the median
for the area on the basis of the Secretary's findings
that such variations are necessary because of
prevailing levels of construction costs or fair market
rents (as determined under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f)).
----------
176. An Amendment To Be Offered by Representative Green of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following:
SEC. 12_. REPORT ON EVACUATION OF UNITED STATES CITIZENS FROM HAMID
KARZAI INTERNATIONAL AIRPORT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the number of United
States citizens evacuated from Hamid Karzai International
Airport.
(b) Termination.--The reports required by subsection (a)
shall terminate 30 days after the date on which the final
United States citizen that has requested evacuation from Hamid
Karzai International Airport has been evacuated.
(c) Sense of Congress.--It is the sense of Congress that
throughout the evacuation of American citizens and allies from
Afghanistan, the United States Armed Forces carried out their
mission with tremendous professionalism, compassion, and
bravery.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
----------
177. An Amendment To Be Offered by Representative Hagedorn of Minnesota
or His Designee, Debatable for 10 Minutes
Add at the end of title LI the following new section:
SEC. 51__. USE OF FINANCIAL SERVICES PROVIDERS IN PROVISION OF
FINANCIAL LITERACY TRAINING FOR MEMBERS OF THE
ARMED FORCES AT MILITARY INSTALLATIONS OUTSIDE THE
UNITED STATES.
Section 992 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection:
``(d) Training for Members Stationed Overseas.--
``(1) In general.--As part of the financial literacy
training provided under this section to members of the
armed forces stationed or deployed at an installation
outside the United States, the commander of such
installation may, in the commander's discretion, permit
representatives of financial services providers
serving, or intending to serve, such members to
participate in such training, including in orientation
briefings regularly scheduled for members newly
arriving at such installation.
``(2) No endorsement.--In permitting representatives
to participate in training and orientation briefings
pursuant to paragraph (1), a commander may not endorse
any financial services provider or the services
provided by such provider.
``(3) Financial services provider defined.--In this
subsection, the term `financial services provider'
means the following:
``(A) A financial institution, insurance
company, or broker-dealer that is licensed and
regulated by the United States or a State.
``(B) A money service business that is--
``(i) registered with the Financial
Crimes Enforcement Network of the
Department of the Treasury; and
``(ii) licensed and regulated by the
United States or a State.
``(C) The host nation agent of a money
service business described in subparagraph
(B).''.
----------
178. An Amendment To Be Offered by Representative Higgins of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. SENSE OF CONGRESS ON JOINT SURVEILLANCE TARGET ATTACK RADAR
SYSTEM AIRCRAFT.
It is the sense of Congress that--
(1) the Joint Surveillance Target Attack Radar System
aircraft is an essential element of the aircraft fleet
of the Air Force; and
(2) before retiring any such aircraft, the Secretary
of the Air Force should strictly adhere to each
provision of law relating to the use, operation, and
retirement of such aircraft.
----------
179. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. SAVE ACT OF 2021.
(a) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through
(8) as paragraphs (4) through (9),
respectively; and
(B) by inserting after paragraph (2) the
following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical
materials essential to national defense, including
through measures designed to secure the drug supply
chain, and taking into consideration the importance of
United States competitiveness, scientific leadership
and cooperation, and innovative capacity;''.
(2) Strengthening domestic capability.--Section 107
of the Defense Production Act of 1950 (50 U.S.C. 4517)
is amended--
(A) in subsection (a), by inserting
``(including medical materials)'' after
``materials''; and
(B) in subsection (b)(1), by inserting
``(including medical materials such as drugs,
devices, and biological products to diagnose,
cure, mitigate, treat, or prevent disease that
are essential to national defense)'' after
``essential materials''.
(3) Strategy on securing supply chains for medical
materials.--Title I of the Defense Production Act of
1950 (50 U.S.C. 4511 et seq.) is amended by adding at
the end the following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of
the enactment of this section, the President, in consultation
with the Secretary of Health and Human Services, the Secretary
of Commerce, the Secretary of Homeland Security, and the
Secretary of Defense, shall transmit a strategy to the
appropriate Members of Congress that includes the following:
``(1) A detailed plan to use the authorities under
this title and title III, or any other provision of
law, to ensure the supply of medical materials
(including drugs, devices, and biological products (as
that term is defined in section 351 of the Public
Health Service Act (42 U.S.C. 262)) to diagnose, cure,
mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the
purposes of this Act.
``(2) An analysis of vulnerabilities to existing
supply chains for such medical materials, and
recommendations to address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as
required for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from
the plan and measures described in this
subsection on the production, cost, or
distribution of biological products (as that
term is defined in section 351 of the Public
Health Service Act (42 U.S.C. 262)) or any
other devices or drugs (as defined under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.));
``(B) a timeline to ensure that essential
components of the supply chain for medical
materials are not under the exclusive control
of a foreign government in a manner that the
President determines could threaten the
national defense of the United States; and
``(C) efforts to mitigate any risks resulting
from the plan and measures described in this
subsection to United States competitiveness,
scientific leadership, and innovative capacity,
including efforts to cooperate and proactively
engage with United States allies.
``(b) Progress Report.--Following submission of the strategy
under subsection (a), the President shall submit to the
appropriate Members of Congress an annual progress report until
September 30, 2025, evaluating the implementation of the
strategy, and may include updates to the strategy as
appropriate. The strategy and progress reports shall be
submitted in unclassified form but may contain a classified
annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and
minority leader of the House of Representatives, the majority
leader and minority leader of the Senate, the Chairman and
Ranking Member of the Committee on Financial Services of the
House of Representatives, and the Chairman and Ranking Member
of the Committee on Banking, Housing, and Urban Affairs of the
Senate.''.
(b) Investment in Supply Chain Security.--
(1) In general.--Section 303 of the Defense
Production Act of 1950 (50 U.S.C. 4533) is amended by
adding at the end the following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--In addition to other authorities
in this title, the President may make available to an
eligible entity described in paragraph (2) payments to
increase the security of supply chains and supply chain
activities, if the President certifies to Congress not
less than 30 days before making such a payment that the
payment is critical to meet national defense
requirements of the United States.
``(2) Eligible entity.--An eligible entity described
in this paragraph is an entity that--
``(A) is organized under the laws of the
United States or any jurisdiction within the
United States; and
``(B) produces--
``(i) one or more critical
components;
``(ii) critical technology; or
``(iii) one or more products or raw
materials for the security of supply
chains or supply chain activities.
``(3) Definitions.--In this subsection, the terms
`supply chain' and `supply chain activities' have the
meanings given those terms by the President by
regulation.''.
(2) Regulations.--
(A) In general.--Not later than 90 days after
the date of the enactment of this Act, the
President shall prescribe regulations setting
forth definitions for the terms ``supply
chain'' and ``supply chain activities'' for the
purposes of section 303(h) of the Defense
Production Act of 1950 (50 U.S.C. 4533(h)), as
added by subsection (a).
(B) Scope of definitions.--The definitions
required by paragraph (1)--
(i) shall encompass--
(I) the organization, people,
activities, information, and
resources involved in the
delivery and operation of a
product or service used by the
Government; or
(II) critical infrastructure
as defined in Presidential
Policy Directive 21 (February
12, 2013; relating to critical
infrastructure security and
resilience); and
(ii) may include variations as
determined necessary and appropriate by
the President for purposes of national
defense.
----------
180. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS
PRODUCTION AND TRAFFICKING AND AFFILIATED NETWORKS
LINKED TO THE REGIME OF BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the captagon trade linked to the regime of Bashar
al-Assad in Syria is a transnational security threat;
and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle
Assad-linked narcotics production and trafficking
networks.
(b) Report and Strategy Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense, the Secretary of State, the Secretary of the Treasury,
the Administrator of the Drug Enforcement Administration, the
Director of National Intelligence, and the heads of other
appropriate Federal agencies shall jointly submit to the
appropriate congressional committees a report containing a
strategy to disrupt and dismantle narcotics production and
trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria. Such strategy shall include each of
the following:
(1) A strategy to target, disrupt and degrade
networks that directly and indirectly support the
narcotics infrastructure of the Assad regime,
particularly through diplomatic and intelligence
support to law enforcement investigations.
(2) The use of sanctions authorities and associated
actions to target individuals and entities directly or
indirectly associated with the narcotics infrastructure
of the Assad regime.
(3) The use global diplomatic engagements associated
with the economic pressure campaign against the Assad
regime to target its narcotics infrastructure.
(4) Leveraging multilateral institutions and
cooperation with international partners to disrupt the
narcotics infrastructure of the Assad regime.
(5) Mobilizing a public communications campaign to
increase awareness of the extent of the connection of
the Assad regime to illicit narcotics trade.
(c) Form of Report.--The report required under subsection (b)
shall be submitted in an unclassified form, but may contain a
classified annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on the Judiciary, the Committee on
Foreign Affairs, the Committee on Financial Services,
and the Committee on Appropriations of the House of
Representatives; and
(3) the Committee on the Judiciary, the Committee on
Foreign Relations, the Committee on Banking, Housing,
and Urban Affairs, and the Committee on Appropriations
of the Senate.
----------
181. An Amendment To Be Offered by Representative Himes of Connecticut
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV the following new
section:
SEC. 1533. REPORT ON PLAN TO FULLY FUND THE INFORMATION SYSTEMS
SECURITY PROGRAM AND NEXT GENERATION ENCRYPTION.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the
resources necessary to fully fund the Information Systems
Security Program during the period covered by the most recent
future-years defense program submitted under section 221 of
title 10, United States Code--
(1) to address the cybersecurity requirements of the
Department of Defense; and
(2) for the adoption of next generation encryption
into existing and future systems.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An assessment by the Chief Information Officer of
the Department of Defense, in coordination with the
chiefs of the Armed Forces and in consultation with the
Director of the National Security Agency, of the
additional resources required to fund the Information
Systems Security Program at a level that satisfies
current and anticipated cybersecurity requirements of
the Department.
(2) An identification of any existing funding not
currently aligned to the Program that is more
appropriately funded through the Program.
(3) A strategic plan, developed in coordination with
the chiefs of the Armed Forces and in consultation with
the Director of the National Security Agency, that
provides options, timelines and required funding, by
Armed Force or component of the Department, for the
adoption of next generation encryption into existing
and future systems.
(c) Form.--The report under subsection (a) may be submitted
in classified form.
(d) Briefing.--Not later than 30 days after the date on which
the Secretary submits the report under subsection (a), the
Chief Information Officer of the Department and the Director of
the National Security Agency shall jointly provide to the
appropriate congressional committees a briefing on the report.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on
Intelligence of the Senate.
----------
182. An Amendment To Be Offered by Representative Himes of Connecticut
or His Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS OF FUNDS.
Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after
``Secretary of the Treasury may'' the
following: ``, by order, regulation, or
otherwise as permitted by law,'';
(B) by striking paragraph (2) and inserting
the following:
``(2) Form of requirement.--The special measures
described in subsection (b) may be imposed in such
sequence or combination as the Secretary shall
determine.''; and
(C) by striking paragraph (3); and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``on behalf
of a foreign banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain
transmittals of funds.--If the Secretary finds a
jurisdiction outside of the United States, 1 or more
financial institutions operating outside of the United
States, 1 or more types of accounts within, or
involving, a jurisdiction outside of the United States,
or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the
Secretary, in consultation with the Secretary of the
State, the Attorney General, and the Chairman of the
Board of Governors of the Federal Reserve System, may
prohibit, or impose conditions upon certain
transmittals of funds (as such term may be defined by
the Secretary in a special measure issuance, by
regulation, or as otherwise permitted by law), to or
from any domestic financial institution or domestic
financial agency if such transmittal of funds involves
any such jurisdiction, institution, type of account, or
class of transaction.''.
----------
183. An Amendment To Be Offered by Representative Horsford of Nevada or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may conduct a pilot
program (to be known as the ``Installations Emissions Tracking
Program'') to evaluate the feasibility and effectiveness of
software and emerging technologies and methodologies to track
real-time emissions from installations and installation assets.
(b) Goals.--The goals of the Installations Emissions Tracking
Program are--
(1) to prove software and emerging technologies,
methodologies, and capabilities to effectively track
emissions in real time; and
(2) to reduce energy costs and increase efficiencies.
(c) Locations.--If the Secretary conducts the Installations
Emissions Tracking Program, the Secretary shall select, for
purposes of the Program, four major military installations
located in different geographical regions of the United States
that the Secretary determines--
(1) are prone to producing higher emissions;
(2) are in regions that historically have poor air
quality; and
(3) have historically higher than average utility
costs.
----------
184. An Amendment To Be Offered by Representative Horsford of Nevada or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. PILOT PROGRAM ON DATA LIBRARIES FOR TRAINING ARTIFICIAL
INTELLIGENCE MODELS.
(a) Data Libraries.--The Secretary of Defense, acting through
the Director of the Joint Artificial Intelligence Center, is
authorized to carry out a pilot program under which Secretary
may--
(1) establish data libraries containing Department of
Defense data sets relevant to the development of
artificial intelligence software and technology; and
(2) allow private companies to access such data
libraries for the purposes of developing artificial
intelligence models and other technical software
solutions.
(b) Objectives.--The objective of the pilot program under
subsection (a) shall be to ensure that the Department of
Defense is able to procure optimal artificial intelligence and
machine learning software capabilities that can quickly scale
to meet the needs of the Department.
(c) Elements.--If the Secretary of Defense elects to carry
out the pilot program under subsection (a), the data libraries
established under the program--
(1) may include unclassified data stacks
representative of diverse types of information, such as
aerial imagery, radar, synthetic aperture radar,
captured exploitable material, publicly available
information, and as many other data types the Secretary
determines appropriate; and
(2) shall be made available to covered software
companies beginning immediately upon the covered
software company entering into a contract or agreement
with the Secretary to support rapid development of
high-quality software.
(d) Availability.--If the Secretary of Defense elects to
carry out the pilot program under subsection (a), the
Secretary, acting through the Chief Information Officer of the
Department, shall ensure that the data libraries established
under the program are available to covered software companies
by not later than 180 days after the date on which the program
is commenced.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on implementing
this section, including an identification of the types of
information that the Secretary determines are feasible and
advisable to include in the data stacks under subsection
(b)(1).
(f) Covered Software Company.--In this section, the term
``covered software company'' means a private entity that
develops software for the Department of Defense under a
contract or agreement entered into with the Secretary of
Defense.
----------
185. An Amendment To Be Offered by Representative Horsford of Nevada or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION PROGRAM.
Subsection (b) of section 1648 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), is
amended by amending paragraph (4) to read as follows:
``(4) Definitions for `Controlled Unclassified
Information' (CUI) and `For Official Use Only' (FOUO),
policies regarding protecting information designated as
either of such, and an assessment of the `DoD CUI
Program' and Department of Defense compliance with the
responsibilities specified in Department of Defense
Instruction (DoDI) 5200.48, `Controlled Unclassified
Information (CUI),' including the following:
``(A) The extent to which the Department of
Defense is identifying whether information is
CUI via a contracting vehicle and marking
documents, material, or media containing such
information in a clear and consistent manner.
``(B) Recommended regulatory or policy
changes to ensure consistency and clarity in
CUI identification and marking requirements.
``(C) Circumstances under which commercial
information is considered CUI, and any impacts
to the commercial supply chain associated with
security and marking requirements.
``(D) Benefits and drawbacks of requiring all
CUI to be marked with a unique CUI legend
versus requiring that all data marked with an
appropriate restricted legend be handled as
CUI.
``(E) The extent to which the Department of
Defense clearly delineates Federal Contract
Information (FCI) from CUI.
``(F) Examples or scenarios to illustrate
information that is and is not CUI.''.
----------
186. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS FROM CATEGORY MANAGEMENT REQUIREMENTS.
(a) In General.--The Small Business Act is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY MANAGEMENT
REQUIREMENTS.
``(a) In General.--A contract awarded under section 8(a),
8(m), 31, or 36 that is classified as tier 0--
``(1) shall be exempt from the procedural
requirements of any Federal rule or guidance on
category management or successor strategies for
contract consolidation; and
``(2) shall not be included when measuring the
attainment of any goal or benchmark established under
any Federal rule or guidance on category management or
successor strategies for contract consolidation.
``(b) Prohibition.--With respect to a requirement that was
previously satisfied through a contract awarded under section
8(a), the head of a Federal agency shall not remove such
requirement from a contract eligible for award under section
8(a) and include such requirement in a contract that is
classified as tier 1, tier 2, or tier 3 without the
Administrator's approval.
``(c) Definitions.--In this section:
``(1) Category management.--The term `category
management' has the meaning given by the Director of
the Office of Management and Budget.
``(2) Tier 0; tier 1; tier 2; tier 3.--The terms
`tier 0', `tier 1', `tier 2', and `tier 3' have the
meanings given such terms, respectively, by the
Director of the Office of Management and Budget with
respect to the Spend Under Management tiered maturity
model, or any successor model.''.
(b) Application.--Section 49 of the Small Business Act, as
added by subsection (a), shall apply with respect to contracts
entered into on or after the date of the enactment of this Act.
----------
187. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII, add the following new
section:
SEC. 8__. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT
DEPARTMENT OF DEFENSE LABORATORIES.
Section 801(e) of the National Defense Authorization Act for
Fiscal Year 2014 (10 U.S.C. 2514 note) is amended--
(1) by redesignating subsection (e) as subsection
(f);
(2) by striking subsection (d) and inserting the
following new subsections:
``(d) Data Collection.--The Secretary of Defense shall
develop and implement a plan to collect and analyze data on the
use of authority under this section for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the Secretary of
Defense and Congress on the use of authority under this
section and related policy issues.
``(e) Report.--The Secretary of Defense shall submit a report
to the congressional defense committees not later than December
31, 2025.''; and
(3) in subsection (f) (as so redesignated), by
striking ``December 31, 2021'' and inserting ``December
31, 2026''.
----------
188. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of title LII, insert the following:
SEC. 52__. REPORTS ON RECOMMENDATIONS OF NATIONAL SECURITY COMMISSION
ON ARTIFICIAL INTELLIGENCE REGARDING DEPARTMENT OF
DEFENSE.
(a) Reports Required.--Not later than one year after the date
of the enactment of this Act, and one year thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report on the recommendations made by the National
Security Commission on Artificial Intelligence with respect to
the Department of Defense. Each such report shall include--
(1) for each such recommendation, a determination of
whether the Secretary of Defense intends to implement
the recommendation;
(2) in the case of a recommendation the Secretary
intends to implement, the intended timeline for
implementation, a description of any additional
resources or authorities required for such
implementation, and the plan for such implementation;
(3) in the case of a recommendation the Secretary
determines is not advisable or feasible, the analysis
and justification of the Secretary in making that
determination; and
(4) in the case of a recommendation the Secretary
determines the Department is already implementing
through a separate line of effort, the analysis and
justification of the Secretary in making that
determination.
(b) Briefings.-- Not less frequently than twice each year
during the two-year period beginning on the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees briefings on the
progress of the Secretary in analyzing and implementing the
recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of
Defense.
(c) Budget Materials.--The Secretary of Defense shall include
in the annual budget submission of the President under section
1105(a) of title 31, United States Code, for each of fiscal
years 2023 and 2024, a report listing the funding and programs
of the Department of Defense that advance the recommendations
of the National Security Commission on Artificial Intelligence.
----------
189. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of title LII of division D, add the following:
SEC. 52__. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL REPORT.
Subsection (d) of section 1303 of the Homeland Security Act
of 2002 (Public Law 107-296; 5 U.S.C. 1401 note) is amended to
read as follows:
``(d) Annual Reports.--
``(1) Council report.--Each year, the Chief Human
Capital Officers Council shall submit a report to
Congress and the Director of the Office of Personnel
Management that includes the following:
``(A) A description of the activities of the
Council.
``(B) A description of employment barriers
that prevent the agency from hiring qualified
applicants, including those for digital talent
positions, and recommendations for addressing
the barriers that would allow agencies to more
effectively hire qualified applicants.
``(2) OPM report.--Not later than 60 days after the
Director receives a report under paragraph (1), the
Director shall submit to Congress and the Council a
report that details how the Office plans to address the
barriers and recommendations identified by the Council
in their report.
``(3) Publication.--The Director shall--
``(A) not later than 30 days after receiving
a report under paragraph (1), make that report
publicly available on the Office's website; and
``(B) on the date the Director submits the
report under paragraph (2), make that report
publicly available on such website.''.
----------
190. An Amendment To Be Offered by Representative Huizenga of Michigan
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON RECOVERY OPERATIONS OF 1952 C-119 FLYING BOXCAR,
CALL NAME ``GAMBLE CHALK 1''.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to
Congress a report that includes--
(1) a status update on the recovery operations of the
1952 C-119 Flying boxcar, call name ``Gamble Chalk 1'',
crash at Mount Silverthrone, Alaska;
(2) detailed plans for the recovery operation, the
timeline for such operation, a description of any past
recovery operations, and the rationale for any canceled
or delayed operations; and
(3) a summary of other Air Force operational losses
that occurred in Alaska in 1952 and have yet to be
recovered.
----------
191. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
(a) In General.--The Office of Health of the Department of
Defense shall work in collaboration with the National
Institutes of Health to--
(1) identify specific genetic and molecular targets
and biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker
selection, drug discovery, and clinical trials design
that will enable both--
(A) triple negative breast cancer patients to
be identified earlier in the progression of
their disease; and
(B) the development of multiple targeted
therapies for the disease.
(b) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program, as
specified in the corresponding funding tables in division D, is
hereby increased by $10,000,000 to carry out subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program, as
specified in the corresponding funding tables in division D,
for Private Sector Care is hereby reduced by $10,000,000.
----------
192. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program, as
specified in the corresponding funding table in such division,
is hereby increased by $2,500,000 for post-traumatic stress
disorder.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program, as
specified in the corresponding funding tables in division D,
for Private Sector Care is hereby reduced by $2,500,000.
----------
193. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following:
SEC. 5__. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service
academy shall provide testing for speech disorders to incoming
cadets or midshipmen under the jurisdiction of that
Superintendent.
(b) No Effect on Admission.--The testing under subsection (a)
may not have any affect on admission to a military service
academy.
(c) Results.--The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the
result of the testing under subsection (a) and a list of
warfare unrestricted line officer positions and occupation
specialists that require successful performance on the speech
test.
(d) Therapy.--The Superintendent shall furnish speech therapy
to a cadet or midshipman under the jurisdiction of that
Superintendent at the election of the cadet or midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate a
speech disorder or impediment may elect to retake the testing
once each academic year while enrolled at the military service
academy.
----------
194. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle H of title V the following:
SEC. 576. TASK FORCE ON HISTORICAL AND CURRENT BARRIERS TO AFRICAN
AMERICAN PARTICIPATION AND EQUAL TREATMENT IN THE
ARMED SERVICES.
(a) Establishment.--The Secretary of Defense shall establish
within the Department of Defense a task force to be known as
the ``Task Force on Historical and Current Barriers to African
American Participation and Equal Treatment in the Armed
Services'' (hereafter referred to as the ``Task Force'').
(b) Duties.--The Task Force shall advise, consult with,
report to, and make recommendations to the Secretary, as
appropriate, on the development, refinement, and implementation
of policies, programs, planning, and training which will
provide redress for historical barriers to African American
participation and equal treatment in the Armed Services.
(c) Studies and Investigations.--
(1) Investigation of historical record of slavery.--
As part of its duties, the Task Force shall identify,
compile, examine, and synthesize the relevant corpus of
evidentiary documentation regarding the military or
Armed Service's involvement in the institution of
slavery. The Task Force's documentation and examination
shall include facts related to--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United
States and the colonies that became the United
States for the purpose of enslavement,
including their treatment during transport;
(C) the sale and acquisition of Africans and
their descendants as chattel property in
interstate and intrastate commerce;
(D) the treatment of African slaves and their
descendants in the colonies and the United
States, including the deprivation of their
freedom, exploitation of their labor, and
destruction of their culture, language,
religion, and families; and
(E) the extensive denial of humanity, sexual
abuse, and the chatellization of persons.
(2) Study of effects of discriminatory policies in
the armed services.--As part of its duties, the Task
Force shall study and analyze the official policies or
routine practices of the Armed Services with
discriminatory intent or discriminatory effect on the
formerly enslaved Africans and their descendants in the
Armed Services following the overdue recognition of
such persons as United States citizens beginning in
1868.
(3) Study of other forms of discrimination.--As part
of its duties, the Task Force shall study and analyze
the other forms of discrimination in the Armed Services
against freed African slaves and their descendants who
were belatedly accorded their rightful status as United
States citizens from 1868 to the present.
(4) Study of lingering effects of discrimination.--As
part of its duties, the Task Force shall study and
analyze the lingering negative effects of the
institution of slavery and the matters described in the
preceding paragraphs on living African Americans and
their participation in the Armed Services.
(d) Recommendations for Remedies.--
(1) Recommendations.--Based on the results of the
investigations and studies carried out under subsection
(c), the Task Force shall recommend appropriate
remedies to the Secretary.
(2) Issues addressed.--In recommending remedies under
this subsection, the Task Force shall address the
following:
(A) How Federal laws and policies that
continue to disproportionately and negatively
affect African Americans as a group in the
Armed Services, and those that perpetuate the
lingering effects, materially and psycho-
socially, can be eliminated.
(B) How the injuries resulting from the
matters described in subsection (c) can be
reversed through appropriate policies,
programs, and projects.
(C) How, in consideration of the Task Force's
findings, to calculate any form of repair for
inequities to the descendants of enslaved
Africans.
(D) The form of that repair which should be
awarded, the instrumentalities through which
the repair should be provided, and who should
be eligible for the repair of such inequities.
(e) Annual Report.--
(1) Submission.--Not later than 90 days after the end
of each year, the Task Force shall submit a report to
the Secretary on its activities, findings, and
recommendations during the preceding year.
(2) Publication.--Not later than 180 days after the
date on which the Secretary receives an annual report
for a year under paragraph (1), the Secretary shall
publish a public version of the report, and shall
include such related matters as the Secretary finds
would be informative to the public during that year.
(f) Composition; Governance.--
(1) Composition.--The Task Force shall be composed of
such number of members as the Secretary may appoint
from among individuals whom the Secretary finds are
qualified to serve by virtue of their military service,
education, training, activism or experience,
particularly in the field of history, sociology, and
African American studies.
(2) Publication of list of members.--The Secretary
shall post and regularly update on a public website of
the Department of Defense the list of the members of
the Task Force.
(3) Meetings.--The Task Force shall meet not less
frequently than quarterly, and may convene additional
meetings during a year as necessary. At least one of
the meetings during each year shall be open to the
public.
(4) Governance.--The Secretary shall establish rules
for the structure and governance of the Task Force.
(5) Deadline.--The Secretary shall complete the
appointment of the members of the Task Force not later
than 180 days after the date of the enactment of this
Act.
----------
195. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7___. REPORT ON RATE OF MATERNAL MORTALITY AMONG MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, and with respect to members
of the Coast Guard, the Secretary of the Department in which
the Coast Guard is operating when it is not operating as a
service in the Navy, shall submit to Congress a report on the
rate of maternal mortality among members of the Armed Forces
and the dependents of such members.
----------
196. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, add the following new
section:
SEC. 16__. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
the risks posed by man-made space debris in low-earth orbit,
including--
(1) recommendations with respect to the remediation
of such risks; and
(2) outlines of plans to reduce the incident of such
space debris.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Science, Space, and Technology of the House of
Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
----------
197. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following new
section:
SEC. 13__. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED
STATES STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing to
the congressional defense committees on the program described
in section 1277 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91), including an assessment
on whether the program is beneficial to students interning,
working part time, or in a program that will result in
employment post-graduation with Department of Defense
components and contractors.
----------
198. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle I of title XXVIII, add the following
new section:
SEC. 28_. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN
DEPARTMENT OF DEFENSE NAMING PRACTICES.
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 containing the
following information:
(1) A description of current Department of Defense
naming conventions for military installations,
infrastructure, vessels, and weapon systems.
(2) A list of all military installations (including
reserve component facilities), infrastructure
(including reserve component infrastructure), vessels,
and weapon systems that are currently named after
African Americans who served in the Armed Forces.
(3) An explanation of the steps being taken to
recognize the service of African Americans who have
served in the Armed Forces with honor, heroism, and
distinction by increasing the number of military
installations, infrastructure, vessels, and weapon
systems named after deserving African American members
of the Armed Forces.
----------
199. An Amendment To Be Offered by Representative Jackson of Texas or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. 13__. SENSE OF CONGRESS ON ISRAEL AS A CRITICAL DEFENSE PARTNER.
It is the sense of Congress that it is in that national
security interest of the United States to--
(1) maintain a strong relationship with Israel and
support their military efforts;
(2) conduct military exercises with Israel, promoting
interoperability and readiness;
(3) ensure that Israel has capabilities with regards
to their defense articles to support peace efforts in
the region;
(4) be a source of consistent and reliable defense
articles;
(5) work with Israel to oppose any efforts of
terrorism or radical extremism in the Middle East; and
(6) promote the belief that normalized relations with
Israel is of benefit for any country.
----------
200. An Amendment To Be Offered by Representative Jacobs of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 8__. PILOT PROGRAM ON DEFENSE INNOVATION OPEN TOPICS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for Research
and Engineering, the Secretary of the Air Force, Secretary of
the Army, and Secretary of the Navy, shall establish defense
innovation open topic activities using the Small Business
Innovation Research Program in order to--
(1) increase the transition of commercial technology
to the Department of Defense;
(2) expand the small business nontraditional defense
industrial base;
(3) increase commercialization derived from defense
investments;
(4) increase diversity and participation among self-
certified small-disadvantaged businesses, minority-
owned businesses, and disabled veteran-owned
businesses; and
(5) expand the ability for qualifying small
businesses to propose technology solutions to meet
defense needs.
(b) Frequency.--The Department of Defense and Military
Services shall conduct not less than one open topic
announcement per fiscal year.
(c) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall provide
the congressional defense committees a briefing on the
establishment of the program required by subsection (a).
(d) Termination.--The pilot program authorized in subsection
(a) shall terminate on October 1, 2025.
----------
201. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. REPORT ON HAITI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report regarding
conflict assessment in Haiti that includes information relating
to the following:
(1) Aftershocks of the 2021 earthquake.
(2) Systemic patterns and causes of violence and
subsequent impunity relating to massacres, death
threats, kidnappings, armed attacks, and firearm-
related violence, with analysis of the roles of the
various actors and beneficiaries who are or have been
involved, including Haitian Government actors.
(3) Gang activity and its role in the recent wave of
kidnappings, and the capacities of the police force to
address the most serious manifestations of insecurity.
(4) The scope and role of criminal activity and its
linkages to political forces, particularly leading up
to elections.
(5) Implications of the lack of independence of
Haiti's judicial system.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
----------
202. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, insert the following:
SEC. 10__. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF
SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (c)(2) by adding at the end of the
following new subparagraph--
``(D) The processes through which the
Secretary shall 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 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
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
violations of human rights and
termination of such support in cases of
credible information of such
violations.''; and
(C) by adding at the end the following new
subparagraph:
``(J) A description of the human rights
record of the recipient, including for purposes
of section 362 of this title, and any relevant
attempts by such recipient to remedy such
record.'';
(3) in subsection (i)(3) by adding at the end the
following new subparagraph:
``(I) An assessment of how support provided
under this section advances United States
national security priorities and aligns with
other United States Government efforts to
address underlying risk factors of terrorism
and violent extremism.''; and
(4) by adding at the end the following new
subsection:
``(j) Prohibition on Use of Funds.--(1) Except as provided in
paragraphs (2) and (3), no funds may be used to provide support
to any foreign forces, irregular forces, groups, or individuals
if the Secretary of Defense has credible information that the
unit has committed a gross violation of human rights.
``(2) The Secretary of Defense 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.''.
----------
203. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. STRATEGY TO COUNTER VIOLENT EXTREMISM AND ARMED CONFLICT IN
MOZAMBIQUE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development (USAID), the Secretary of
Defense, and other departments and agencies as deemed
necessary, shall submit to the appropriate congressional
committees a United States strategy to counter violent
extremism and armed conflict in Mozambique, including through
the provision of United States assistance also intended to
foster a peaceful post-conflict transition in Mozambique.
(b) Elements.--The strategy required by subsection (a) shall
address or include the following:
(1) United States assistance provided to--
(A) the Government of the Republic of
Mozambique and foreign militaries, including
regional partners and allies, that have
deployed military trainers, combat troops, or
other military assets to Mozambique for the
purpose of degrading all known terrorist
threats, including ISIS-Mozambique, to include
United States military efforts to train and
equip Mozambican forces, including any United
States programs to counter violent extremism in
Cabo Delgado and elsewhere in Mozambique, and
any related activities pertaining to countering
violent extremism, mitigating armed conflict,
and establishing reasonable security conditions
in areas of Mozambique from where these threats
emanate; and
(B) the Government of the Republic of
Mozambique or multilateral or nongovernmental
recipients aimed at supporting efforts to--
(i) respond to socioeconomic or
political disruptions and humanitarian
needs in conflict-affected areas and
among conflict-affected populations, a
prospective post-conflict transition or
recovery, and economic growth and
development and improved livelihoods in
conflict-affected areas or among
conflict-affected populations; and
(ii) help address local grievances
that fuel recruitment into violent
extremist groups and other armed groups
or otherwise reinforce such groups
narratives and propaganda, including
government-driven economic and
political exclusion, marginalization,
and alienation, socioeconomic
inequality, state-sponsored land
transfers resulting in population
displacement, state corruption, and
abuses by security forces, among other
factors.
(2) Plans for future United States assistance and
assessments of any past or current United States
assistance to achieve stability, counter violent
extremism, and to address socioeconomic, humanitarian,
and security conditions in conflict-affected areas or
among conflict-affected populations, including by
programming or otherwise implementing--
(A) activities set out under paragraph (1)(A)
or efforts related to such activities, to
include efforts to ensure that such assistance
is provided in accordance with international
norms and Mozambican constitutional or other
applicable legal provisions governing and
guaranteeing human rights, civilian protection,
civil liberties, and does not exacerbate
violence or risks to non-combatants;
(B) activities set out under paragraph (1)(B)
or efforts related to such activities, in a
manner that ensures program efficacy and
complementarity between United States
assistance and assistance funded by other
governments, multilateral entities, or agencies
thereof to support similar goals and
activities;
(C) plans to deconflict all assistance
provided in Mozambique with conflict mitigation
and prevention priorities; and
(D) assistance activities or programs
designed to foster and monitor adherence to
international human rights and humanitarian law
by the Government of the Republic of Mozambique
or any entity receiving United States
assistance set out under paragraph (1).
(3) Assessments of--
(A) the capacity of the Government of the
Republic of Mozambique to effectively
implement, benefit from, or use the assistance
described in paragraph (1);
(B) the impact of assistance described in
paragraph (1) on local political and social
dynamics, including a description of any
consultations with local civil society;
(C) the efficacy and impact of past and
current United States assistance described in
paragraph (1) or to promote economic growth and
development and improve livelihoods in
conflict-affected areas or among conflict-
affected populations; and
(D) the degree and nature of
complementarities between United States
assistance and assistance funded by other
governments, multilateral entities, or agencies
thereof to support socioeconomic and
humanitarian responses, post-conflict
transitions or recovery, and economic growth
and development and improve livelihoods in
conflict-affected areas or among conflict-
affected populations, to include World Bank
International Development Association (IDA) or
other World Bank entity assistance to
Mozambique's Northern Crisis Recovery Project
and any additional such assistance under the
International Development Association
Prevention and Resilience Allocation (PRA).
(4) Detailed descriptions of past, current, and
planned United States assistance to achieve the
objectives set out in paragraph (1), to include project
or program names, activity descriptions, implementers,
and funding estimates by account, if applicable.
(c) Goals.--The strategy required by subsection (a) shall--
(1) describe United States national security
interests and policy objectives in Mozambique and the
surrounding region, including those affected by the
presence of violent extremists and other armed groups;
(2) include a statement of key objectives pertaining
to each area of planned activity or assistance,
civilian or military, as well as metrics for measuring
progress toward attaining such objectives, data
describing the status of and progress to date toward
each objective by metric, and criteria defining the
United States national security interests met by
countering violent extremism and supporting
stabilization operations, including the degree of
military degradation of ISIS-Mozambique; and
(3) be updated and transmitted to the appropriate
congressional committees annually at the beginning of
each fiscal year for at least 3 years, pending the
attainment of such activities or assistance meeting
United States national security interests and
satisfactory end-state for security conditions as set
out in paragraph (2), as certified by a determination
by the President, which shall be transmitted to the
appropriate congressional committees.
(d) Congressional Notification.--Not later than 15 days prior
to the obligation of amounts made available to provide
assistance in Mozambique as set out under the strategy required
by subsection (a), the Secretary of State or the Secretary of
Defense, as applicable with regard to accounts under their
respective jurisdictions, and except where otherwise required
by law, shall submit to the appropriate congressional
committees a notification, in accordance with procedures
applicable under section 634(a) or section 653(a) of the
Foreign Assistance Act of 1961, as applicable, to include an
identification of the amount and purpose of assistance to be
provided to Mozambique, the account or accounts from which such
assistance is drawn or reprogrammed, and indications of
concordance between such assistance and elements of such
strategy.
(e) Termination.--The requirements of this section shall
terminate if the President selects Mozambique as a ``priority
country'' pursuant to section 505 of the Global Fragility Act
of 2019 (22 U.S.C. 9804) for purposes of the requirements of
that Act.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
(2) Conflict-affected area.--The term ``conflict-
affected area'', with respect to Mozambique, means an
area in Mozambique in which ISIS-Mozambique is active
or has been active, militarily or otherwise or where
state military or police forces have operated to combat
ISIS-Mozambique operations or activities, or where
there is a significant pattern of instability,
violence, and conflict.
(3) Conflict-affected populations.--The term
``conflict-affected populations'', with respect to
Mozambique, means populations in Mozambique--
(A) affected by--
(i) ISIS-Mozambique operations or
activities in conflict-affected areas;
or
(ii) government or allied military or
police response to such operations or
activities; or
(B) that have fled conflict-affected areas.
(4) ISIS-mozambique.--The term ``ISIS-Mozambique''
means the Islamic State of Iraq and Syria-Mozambique, a
group designated by the Department of State on March
10, 2021 as a Foreign Terrorist Organization under
section 219 of the Immigration and Nationality Act and
as a Specially Designated Global Terrorist (SDGT)
entity under Executive Order 13224, also known as Ahlu
Sunnah Wa-Jama, Ansar al-Sunna, and locally in
Mozambique as al-Shabaab, among other names.
----------
204. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following new section:
SEC. __. REQUIRED NOTIFICATION AND REPORTS RELATED TO PEACEKEEPING
OPERATIONS ACCOUNT.
(a) Congressional Notification.--Not later than 15 days prior
to the obligation of amounts made available to provide
assistance pursuant to section 551 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348), the Secretary of State shall
submit to the appropriate congressional committees a
notification, in accordance with the applicable procedures
under section 634A of such Act (22 U.S.C. 2394-1), that
includes, with respect to such assistance, the following:
(1) An itemized identification of each foreign
country or entity the capabilities of which the
assistance is intended to support.
(2) An identification of the amount, type, and
purpose of assistance to be provided to each such
country or entity.
(3) An assessment of the capacity of each such
country or entity to effectively implement, benefit
from, or use the assistance to be provided for the
intended purpose identified under paragraph (2).
(4) A description of plans to encourage and monitor
adherence to international human rights and
humanitarian law by the foreign country or entity
receiving the assistance.
(5) An identification of any implementers, including
third party contractors or other such entities, and the
anticipated timeline for implementing any activities to
carry out the assistance.
(6) As applicable, a description of plans to sustain
and account for any military or security equipment and
subsistence funds provided as an element of the
assistance beyond the date of completion of such
activities, including the estimated cost and source of
funds to support such sustainment.
(7) An assessment of how such activities promote the
following:
(A) The diplomatic and national security
objectives of the United States.
(B) The objectives and regional strategy of
the country or entity receiving the assistance.
(C) The priorities of the United States
regarding the promotion of good governance,
rule of law, the protection of civilians, and
human rights.
(D) The peacekeeping capabilities of partner
countries of the country or entity receiving
the assistance, including an explanation if
such activities do not support peacekeeping.
(8) An assessment of the possible impact of such
activities on local political and social dynamics,
including a description of any consultations with local
civil society.
(b) Reports on Programs Under Peacekeeping Operations
Account.--
(1) Annual report.--Not later than 90 days after the
enactment of this Act, and annually thereafter for 5
years, the Secretary of State shall submit to the
appropriate congressional committees a report on any
security assistance made available, during the three
fiscal years preceding the date on which the report is
submitted, to foreign countries that received
assistance authorized under section 551 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348) for any of the
following purposes:
(A) Building the capacity of the foreign
military, border security, or law enforcement
entities, of the country.
(B) Strengthening the rule of law of the
country.
(C) Countering violent extremist ideology or
recruitment within the country.
(2) Matters.--Each report under paragraph (1) shall
include, with respect to each foreign country that has
received assistance as specified in such paragraph, the
following:
(A) An identification of the authority used
to provide such assistance and a detailed
description of the purpose of assistance
provided.
(B) An identification of the amount of such
assistance and the program under which such
assistance was provided.
(C) A description of the arrangements to
sustain any equipment provided to the country
as an element of such assistance beyond the
date of completion of the assistance, including
the estimated cost and source of funds to
support such sustainment.
(D) An assessment of the impact of such
assistance on the peacekeeping capabilities and
security situation of the country, including
with respect to the levels of conflict and
violence, the local, political, and social
dynamics, and the human rights record, of the
country.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committees on Appropriations of the Senate
and of the House of Representatives.
----------
205. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT
OF 1938.
The head of a Federal department or agency (as defined in
section 102 of title 40, United States Code) shall initiate a
debarment proceeding with respect to a person for whom
information regarding four or more willful or repeated
violation of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) as determined by a disposition described under
subsection (c)(1) of section 2313 of title 41, United States
Code, and issued in the last four years, is included in the
database established under subsection (a) of such section. The
head of the department or agency shall use discretion in
determining whether the debarment is temporary or permanent.
----------
206. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Page 879, insert after line 13 (and conform the table of
contents accordingly):
SEC. 1090. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH
RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND
FORCE STRUCTURE.
(a) Comptroller General Report.--
(1) Requirement.--Not later than December 1, 2021,
the Comptroller General of the United States shall
submit to the congressional defense committees a report
containing cost analyses with respect to each of the
following:
(A) Options for reducing the nuclear security
enterprise (as defined by section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501)).
(B) Options for reductions in service
contracts.
(C) Options for rebalancing force structure,
including reductions in special operations
forces, the ancillary effects of such options,
and the impacts of changing the force mix
between active and reserve components.
(D) Options for reducing or realigning
overseas military presence.
(E) Options for the use of pre-award audits
to negotiate better prices for weapon systems
and services.
(F) Options for replacing some military
personnel with civilian employees.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a
classified annex with respect to the matters specified
in subparagraphs (A) and (C) of such paragraph.
(b) FFRDC Studies.--
(1) Requirement.--The Secretary of Defense shall seek
to enter into agreements with federally funded research
and development centers to conduct the following
studies:
(A) A study of the cost savings resulting
from changes in force structure, active and
reserve component balance, basing, and other
impacts resulting from potential challenges to
foundational planning assumptions.
(B) A study of the cost savings resulting
from the adoption of alternatives to the
current nuclear deterrence posture of the
United States.
(C) A study of the cost savings of
alternatives to current force structures.
(2) Detail required.--The Secretary shall ensure that
each study under paragraph (1) has a level of detail
sufficient to allow the Director of the Congressional
Budget Office to analyze the costs described in such
studies.
(3) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees each study under paragraph (1).
(4) Form.--The studies under paragraph (1), and the
report under paragraph (3), shall be submitted in
unclassified form, but may contain a classified annex.
(c) Independent Study.--
(1) Requirement.--The Secretary shall seek to enter
into an agreement with an appropriate nonpartisan
nongovernmental entity to conduct a study on possible
alternatives to the current defense and deterrence
posture of the United States, including challenges to
foundational assumptions, and the impact of such
postures on planning assumptions and requirements,
basing, and force structure requirements.
(2) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees the study under paragraph (1).
----------
207. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Page 879, insert after line 13 (and conform the table of
contents accordingly):
SEC. 1090. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH
RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND
FORCE STRUCTURE.
(a) Comptroller General Report.--
(1) Requirement.--Not later than December 1, 2021,
the Comptroller General of the United States shall
submit to the congressional defense committees a report
containing cost analyses with respect to each of the
following:
(A) Options for reducing the nuclear security
enterprise (as defined by section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501)).
(B) Options for reductions in service
contracts.
(C) Options for rebalancing force structure,
including reductions in special operations
forces, the ancillary effects of such options,
and the impacts of changing the force mix
between active and reserve components.
(D) Options for reducing or realigning
overseas military presence.
(E) Options for the use of pre-award audits
to negotiate better prices for weapon systems
and services.
(F) Options for replacing some military
personnel with civilian employees.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a
classified annex with respect to the matters specified
in subparagraphs (A) and (C) of such paragraph.
(b) FFRDC Studies.--
(1) Requirement.--The Secretary of Defense shall seek
to enter into agreements with federally funded research
and development centers to conduct the following
studies:
(A) A study of the cost savings resulting
from changes in force structure, active and
reserve component balance, basing, and other
impacts resulting from potential challenges to
foundational planning assumptions.
(B) A study of the cost savings resulting
from the adoption of alternatives to the
current nuclear deterrence posture of the
United States.
(C) A study of the cost savings of
alternatives to current force structures.
(2) Detail required.--The Secretary shall ensure that
each study under paragraph (1) has a level of detail
sufficient to allow the Director of the Congressional
Budget Office to analyze the costs described in such
studies.
(3) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees each study under paragraph (1).
(4) Form.--The studies under paragraph (1), and the
report under paragraph (3), shall be submitted in
unclassified form, but may contain a classified annex.
(c) Independent Study.--
(1) Requirement.--The Secretary shall seek to enter
into an agreement with an appropriate nonpartisan
nongovernmental entity to conduct a study on possible
alternatives to the current defense and deterrence
posture of the United States, including challenges to
foundational assumptions, and the impact of such
postures on planning assumptions and requirements,
basing, and force structure requirements.
(2) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees the study under paragraph (1).
----------
208. An Amendment To Be Offered by Representative Jones of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. DEPARTMENT OF DEFENSE PLAN TO MEET SCIENCE-BASED EMISSIONS
TARGETS.
(a) Plan Required.--Not later than September 30, 2022, the
Secretary of Defense shall submit to Congress a plan to reduce
the greenhouse gas emissions of the Department of Defense,
including Department of Defense functions that are performed by
contractors, in line with science-based emissions targets.
(b) Updates.--The Secretary shall submit to Congress annual
reports on the progress of the Department of Defense toward
meeting the science-based emissions targets in the plan
required by subsection (a).
(c) Science-based Emissions Target.--In this section, the
term ``science-based emissions target'' means a reduction in
greenhouse gas emissions consistent with preventing an increase
in global average temperature of greater than or equal to 1.5
degrees Celsius compared to pre-industrial levels.
----------
209. An Amendment To Be Offered by Representative Joyce of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON TALIBAN'S ILLEGAL DRUG TRADE.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State and Secretary of Homeland Security, shall
submit to Congress a report that includes--
(1) a plan to combat the Taliban's illegal drug
trade; and
(2) a description of the risk to the United States of
drugs emanating from such drug trade, including risks
posed by the profits of such drugs; and
(3) a description of any actions taken to interdict
and prevent such drugs from reaching the United States.
----------
210. An Amendment To Be Offered by Representative Joyce of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following:
SEC. 6013. NATIONAL BIODEFENSE SCIENCE AND TECHNOLOGY STRATEGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services, in coordination with the Secretary of Agriculture,
the Secretary of Defense, and the Secretary of Homeland
Security, shall develop an annex to the National Biodefense
Strategy under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6. U.S.C. 104) for a
national biodefense science and technology strategy and
implementation plan.
(b) Requirements.--The annex required by subsection (a)
shall--
(1) include a mission, goals, and objectives for
public and private sector development, procurement,
acquisition, and deployment of innovative technologies
to address and eliminate biological threats;
(2) be informed by an evaluation of science and
technology successes and failures in addressing the
2019 novel coronavirus (COVID-19) pandemic;
(3) address coordination of Federal efforts;
(4) address contributions from academia, industry,
and nongovernmental organizations; and
(5) be accompanied by an implementation plan that
clearly defines Federal department and agency roles and
responsibilities, and includes timeframes for
execution.
(c) Classified Appendix.--The annex required by subsection
(a) may include a classified appendix.
(d) Submission.--Upon completion of the annex required by
subsection (a), the Secretary of Health and Human Services
shall submit the annex to--
(1) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Agriculture, the
Committee on Homeland Security, the Committee on
Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee
on Agriculture, Nutrition, and Forestry, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Commerce, Science, and Transportation, and
the Committee on Appropriations of the Senate.
----------
211. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
At the end of title LX, add the following:
SEC. 6013. TICK IDENTIFICATION PILOT PROGRAM.
(a) Establishment.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, may award grants to States to
implement a tick identification program.
(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to States that--
(1) have more reported cases of Lyme disease; and
(2) submit an effective plan for implementation and
maintenance of a tick identification program.
(c) Program Requirements.--Any program funded under this
section shall--
(1) allow individuals to submit electronically photo
images of ticks encountered;
(2) require images of ticks to be submitted with the
likely geographic location where the ticks were
encountered, the date on which the ticks were
encountered, and the likely physical location where the
ticks were found (for example, on a pet, on a human, or
loose);
(3) after review by a qualified professional, respond
to the individual directly within 72 hours of the image
being received with--
(A) if possible, identification of the
species and life stage of the tick;
(B) if possible, an estimate of the risk that
the tick carried a tick-borne disease;
(C) a recommendation of the best practices
for the individual who encountered the tick,
including with respect to seeking medical
evaluation and submitting the tick for testing;
and
(D) additional education on best methods to
avoid ticks and prevent contagion of tick-borne
illnesses; and
(4) maintain a database of reported tick incidents,
including--
(A) the date, geographic location, and
environment of the encounter;
(B) any identifying information about the
tick that was determined; and
(C) best practices that were disseminated to
each reporting individual.
(d) Application.--To seek a grant under this section, a State
shall submit an application at such time, in such form, and
containing such information as the Secretary may prescribe.
(e) Data Collection; Report.--
(1) Data collection.--The Secretary shall collect,
with respect to each State program funded under this
section and each fiscal year, the following data:
(A) The number of tick incidents reported.
(B) For each incident reported--
(i) the date, geographic location,
and environment of the encounter;
(ii) any identifying information
about the tick that was determined; and
(iii) best practices that were
disseminated to each reporting
individual.
(2) Report.--Not later than 90 days after the first
day of each of fiscal years 2022 through 2025, the
Secretary shall prepare and submit to the Congress a
report on the data collected under paragraph (1).
(f) Definition.--In this Act:
(1) The term ``qualified professional'' means a
biologist with a background in vector biology.
(2) The term ``Secretary'' means the Secretary of
Health and Human Services, acting through the Director
of the Centers for Disease Control and Prevention.
----------
212. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
Add at the end the following:
SEC. 60__. PREVENTING SEXUAL HARASSMENT IN PUBLIC HOUSING.
(a) Short Title.--This section may be cited as the
``Preventing Sexual Harassment in Public Housing Act of 2021''.
(b) Requirement to Annually Report Complaints of Sexual
Harassment.--
(1) Annual report.--Section 808(e)(2) of the Fair
Housing Act (42 U.S.C. 3608(e)(2)) is amended--
(A) in subparagraph (A) by striking ``and''
at the end;
(B) in subparagraph (B)(iii) by striking the
semicolon and inserting ``; and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) containing tabulations of the number of
instances in the preceding year in which
complaints of discriminatory housing practices
were filed with the Department of Housing and
Urban Development or a fair housing assistance
program, including identification of whether
each complaint was filed with respect to
discrimination based on race, color, religion,
national origin, sex, handicap, or familial
status.''.
(2) Sexual harassment.--Section 808 of the Fair
Housing Act (42 U.S.C. 3608) is amended by adding at
the end the following new subsection:
``(g) In carrying out the reporting obligations under this
section, the Secretary shall--
``(1) consider a complaint filed with respect to
discrimination based on sex to include any complaint
filed with respect to sexual harassment; and
``(2) in reporting the instances of a complaint filed
with respect to discrimination based on sex under
subsection (e)(2)(C), include a disaggregated
tabulation of the total number of such complaints filed
with respect to sexual harassment.''.
(3) Initiative to combat sexual harassment in
housing.--Title IX of the Fair Housing Act (42 U.S.C.
3631) is amended by adding at the end the following new
section:
``SEC. 902. INITIATIVE TO COMBAT SEXUAL HARASSMENT IN HOUSING.
``The Attorney General shall establish an initiative to
investigate and prosecute an allegation of a violation under
this Act with respect to sexual harassment.''.
----------
213. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LX the following:
SEC. __. STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES FOR
IMMIGRANTS AND REFUGEES WITH PROFESSIONAL
CREDENTIALS OBTAINED IN FOREIGN COUNTRIES.
(a) Study Required.--
(1) In general.--The Secretary of Labor shall conduct
a study on the factors affecting employment
opportunities in the United States for applicable
immigrants and refugees with professional credentials
obtained in countries other than the United States.
(2) Coordination.--The Department of Labor shall
conduct this study in coordination with the Secretary
of State, the Secretary of Education, the Secretary of
Health and Human Services, the Secretary of Commerce,
the Secretary of Homeland Security, the Administrator
of the Internal Revenue Service, and the Commissioner
of the Social Security Administration.
(3) Work with other entities.--The Secretary of Labor
shall seek to work with relevant non-profit
organizations and State agencies to use the existing
data and resources of such entities to conduct the
study in paragraph (1).
(4) Limitations on disclosure.--Any information
provided to the Secretary of Labor under this
subsection shall be used only for the purposes of, and
to the extent necessary to ensure the efficient
operation of, the study described in paragraph (1). No
such information shall be disclosed to any other person
or entity except as provided in this subsection.
(b) Inclusions.--The study under subsection (a)(1) shall
include the following:
(1) An analysis of the employment history of
applicable immigrants and refugees admitted to the
United States in the last 5 years. This analysis shall
include, to the extent practicable, a comparison of the
employment applicable immigrants and refugees held
prior to immigrating to the United States with the
employment obtained in the United States, if any, since
the arrival of such applicable immigrants and refugees.
This analysis shall also note the occupational and
professional credentials and academic degrees held by
applicable immigrants and refugees prior to immigrating
to the United States.
(2) An assessment of any barriers that prevent
applicable immigrants and refugees from using
occupational experience obtained outside the United
States to obtain employment opportunities in the United
States.
(3) An analysis of existing public and private
resources assisting applicable immigrants and refugees
who have professional experience and qualifications
obtained outside the United States with using such
professional experience and qualifications to obtain
skill-appropriate employment opportunities in the
United States.
(4) Policy recommendations for better enabling
applicable immigrants and refugees who have
professional experience and qualifications obtained
outside the United States to use such professional
experience and qualifications to obtain skill-
appropriate employment opportunities in the United
States.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to
Congress and make publically available on the website of the
Department of Labor a report that describes the results of the
study conducted under subsection (a)(1).
(d) Definitions.--
(1) Applicable immigrants and refugees.--For the
purposes of this section, the term ``applicable
immigrants and refugees''--
(A) means individuals who are--
(i) not citizens or nationals of the
United States but who are lawfully
present and authorized to be employed;
or
(ii) naturalized citizens born
outside of the United States and its
outlying possessions; and
(B) includes individuals described in section
602(b)(2) of the Afghan Allies Protection Act
of 2009 (8 U.S.C. 1101 note).
(2) Other terms.--Except as otherwise defined in this
subsection, terms used in this section have the
definitions given such terms under section 101(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)).
----------
214. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 968, after line 11, insert the following::
(d) Department Personnel, Education, and Training.--The
Secretary of Defense shall carry out activities consistent with
the Women, Peace, and Security Act of 2017 and this section,
including by--
(1) hiring and training of full-time equivalent
personnel as gender advisors of the Department;
(2) building on the implementation of the
requirements of section 1210E of the National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113
note) by establishing roles, responsibilities, and
requirements for personnel to advance implementation of
the Women, Peace, and Security Act of 2017, which
efforts should include attention to commander and
senior official-level engagement and support for women,
peace, and security commitments;
(3) integrating gender analysis, the meaningful
participation of women, and their relationship to
security outcomes into relevant training for all
members of the Armed Forces and civilian employees of
the Department of Defense, including special emphasis
on senior level training and support for women, peace,
and security;
(4) developing standardized training across the
Department for gender advisors, gender focal points,
and women, peace, and security subject matter experts;
(5) ensuring that gender analysis and the meaningful
participation of women and their relationship to
security outcomes is addressed in professional military
education curriculum; and
(6) building the capacity of the Department to
conduct the partner country assessments described in
section 1210E(b)(2) of the National Defense
Authorization Act for Fiscal Year 2021.
(e) Pilot Program.--
(1) In general.--The Secretary of State, in
coordination with the Secretary of Defense--
(A) shall direct and carry out a pilot
program to conduct partner country assessments
in each country selected in accordance with
paragraph (2) with respect to the barriers
facing the participation of women in the
national security forces of participating
partner countries (in this subsection referred
to as a ``pilot barrier assessment'');
(B) should seek to enter into contracts with
nonprofit organizations or federally funded
research and development centers independent of
the Department of State and Department of
Defense for the purpose of conducting the pilot
barrier assessments; and
(C) shall, after a pilot barrier assessment
is conducted--
(i) review the methods of research
and analysis used by any entity
contracted with pursuant to
subparagraph (B) in conducting such
assessment and identify lessons learned
from the review; and
(ii) assess the ability of the
Department of State and Department of
Defense to conduct future pilot barrier
assessments without entering into a
contract described subparagraph (B),
including by assessing potential costs
and benefits for the Department that
may arise from conducting such future
assessments without such contracts.
(2) Selection of countries.--The Secretary of State,
in consultation with the Secretary of Defense,
commanders of the combatant commands, and relevant
United States ambassadors, shall select one partner
country from within the geographic area of
responsibility of each geographic combatant command for
participation in the pilot program, taking into
consideration in each instance--
(A) the demonstrated political commitment of
a partner country to increasing the
participation of women in the security sector;
and
(B) the national security priorities and
theater campaign strategies of the United
States.
(3) Pilot barrier assessment.--A pilot barrier
assessment pursuant to this subsection shall be--
(A) adapted to the local context of the
partner country being assessed;
(B) conducted in collaboration with the
security sector of the partner country being
assessed; and
(C) based on existing and tested
methodologies.
(4) Findings.--
(A) In general.--The Secretary of State, in
consultation with the Secretary of Defense,
shall use findings from each pilot barrier
assessment to inform effective security
cooperation activities and security sector
assistance interventions by the United States
in the partner country assessed. Such
activities and interventions should
substantially increase opportunities for the
recruitment, employment, development,
retention, deployment, and promotion of women
in the national security forces of such partner
country (including for deployments to peace
operations and for participation in
counterterrorism operations and activities).
(B) Model methodology.--The Secretary of
State, in coordination with the Secretary of
Defense, shall develop a model barrier
assessment methodology from the findings of the
pilot program for use across the geographic
combatant commands.
(5) Reports on pilot program.--
(A) Initial report.--Not later than 2 years
after the date of the enactment of this Act,
the Secretary of State, in coordination with
the Secretary of Defense, shall submit to the
appropriate committees of Congress an initial
report on the implementation of the pilot
program under this subsection, including an
identification of the partner counties selected
for participation in the program and the
justifications for such selections.
(B) Update to report.--Not later than 2 years
after the date on which the initial report
under subparagraph (A) is submitted, the
Secretary of State, in coordination with the
Secretary of Defense, shall submit to the
appropriate committees of Congress an update to
the initial report.
(C) Report on methodology.--On the date on
which the Secretary of State determines the
pilot program to be complete, the Secretary of
State, in coordination with the Secretary of
Defense, shall submit to the appropriate
committees of Congress a report on the model
barrier assessment methodology developed
pursuant to paragraph (4)(B).
(D) Appropriate committees of congress
defined.--For purposes of this paragraph, the
term ``appropriate committees of Congress''
means--
(i) the Committee on Armed Services
and the Committee on Foreign Affairs of
the House of Representatives; and
(ii) the Committee on Armed Services
and the Committee on Foreign Relations
of the Senate.
----------
215. An Amendment To Be Offered by Representative Keller of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII of division A of the
bill, add the following:
SEC. ___. DOMESTICALLY SOURCED ALTERNATIVES.
The Secretary of Defense should acquire domestically sourced
alternatives to existing defense products for the design,
development, and production of priority Department of Defense
projects to include further developing high efficiency power
conversion technology and manufacturing advanced AC-DC power
converters that improve performance for the dismounted soldier.
----------
216. An Amendment To Be Offered by Representative Keller of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII of division A of the
bill, add the following:
SEC. ___. REPORT ON DUPLICATIVE INFORMATION TECHNOLOGY CONTRACTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on efforts within the Department of Defense to reduce
duplicative information technology contracts.
----------
217. An Amendment To Be Offered by Representative Kelly of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 569F. PILOT TRANSITION ASSISTANCE PROGRAM FOR MILITARY SPOUSES.
(a) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a pilot transition assistance program for covered
individuals (in this section referred to as the ``pilot
program'').
(b) Services.--The Secretary of Defense shall provide to a
covered individual, who elects to participate in the pilot
program, services similar to those available under TAP to
members of the Armed Forces, including the following:
(1) Assessments of prior education, work history, and
employment aspirations of covered individuals, to
tailor appropriate employment services.
(2) Preparation for employment through services like
mock interviews and salary negotiations, training on
professional networking platforms, and company
research.
(3) Job placement services.
(4) Services offering guidance on available health
care resources, mental health resources, and financial
assistance resources.
(5) Training in mental health first aid to learn how
to assist someone experiencing a mental health or
substance use-related crisis.
(c) Locations.--The Secretary shall carry out the pilot
program at 12 military installations located in the United
States.
(d) Duration.--The pilot program shall terminate five years
after enactment.
(e) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the and House of
Representatives a report that includes--
(1) a description of the pilot 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 program.
(f) Definitions.--In this section:
(1) The term ``covered individual'' means a spouse of
a member of the Armed Forces eligible for TAP.
(2) The term ``military installation'' has the
meaning given such term in section 2801 of title 10,
United States Code.
(3) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10,
United States Code.
----------
218. An Amendment To Be Offered by Representative Kelly of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, insert the following:
SEC. 16__. NATIONAL SPACE COUNCIL BRIEFING ON THREATS TO UNITED STATES
SPACE SYSTEMS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the National Space Council, the Secretary of Commerce, the
Secretary of Transportation, and the Administrator of the
National Aeronautics and Space Administration a briefing at the
highest level of classification on the current assessment of
the Department of Defense, as of the date of the briefing,
regarding safety threats posed to United States civilian and
commercial space systems in space by adversarial foreign
governments and other foreign governments, with a particular
emphasis on threats posed by China's activities in space and
debris arising from any ongoing or future work by China on
anti-satellite weapons technology.
(b) Congressional Briefing.--Not later than 15 days after the
date on which the Secretary of Defense provides the briefing
under subsection (a), the Secretary shall provide such briefing
to--
(1) the Committees on Armed Services, Energy and
Commerce, Transportation and Infrastructure, and
Science, Space, and Technology of the House of
Representatives; and
(2) the Committees on Armed Services and Commerce,
Science, and Transportation of the Senate.
----------
219. An Amendment To Be Offered by Representative Kelly of Mississippi
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX, add the following new
section:
SEC. 8___. SEMICONDUCTOR PRODUCTION INCENTIVE EXPANSION.
(a) Additional Covered Entities.--Section 9901(2) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) is amended by
striking ``relating to fabrication'' and all that follows and
inserting the following: relating to--
``(1) fabrication, assembly, testing,
advanced packaging, or research and development
of semiconductors; or
``(2) manufacturing, production, or research
and development of semiconductor manufacturing
equipment and materials.''.
(b) Program Scope Expansion.--Section 9902(a)(1) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) is amended by
striking ``the United States for'' and all that follows and
inserting the following: ``the United States for--
``(1) semiconductor fabrication, assembly,
testing, advanced packaging, or research and
development; and
``(2) the manufacturing, production, or
research and development of semiconductor
manufacturing equipment and materials.''.
----------
220. An Amendment To Be Offered by Representative Kelly of Mississippi
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, add the following new
section:
SEC. 8__. STATEMENT OF POLICY AND DETERMINATION RELATED TO COVERED
OPTICAL TRANSMISSION EQUIPMENT OR SERVICES.
(a) Statement of Policy.--It is the policy of the United
States that covered optical transmission equipment or services
is a critical component of the United States information and
communications technology supply chain, and the Department of
Defense should procure covered optical transmission equipment
or services from trusted manufacturers and suppliers for use in
communications networks.
(b) Determination Related to Covered Optical Transmission
Equipment or Services.--
(1) Proceeding.--Not later than 45 days after the
date of the enactment of this Act, the Secretary of
Defense shall commence a process to make a
determination whether a proposed procurement of covered
optical transmission equipment or services that is
manufactured, produced, or distributed by an entity
owned, controlled, or supported by the People's
Republic of China poses an unacceptable risk to the
national security of the United States.
(2) Communication of determination.--If the Secretary
determines pursuant to paragraph (1) that a proposed
procurement of covered optical transmission equipment
or services poses an unacceptable risk, the Secretary
shall immediately publish that determination in the
Federal Register and submit that determination to the
relevant Federal agencies, including the Department of
Commerce and the Federal Communications Commission.
(c) Commercial Networks.--
(1) Study required.--If the Secretary of Defense
makes a determination under subsection (b) that a
proposed procurement of covered optical transmission
equipment or services poses an unacceptable risk to the
national security of the United States, the Federal
Communications Commission shall--
(A) within 90 days after receipt of such
determination, complete a study to determine
the extent to which such covered optical
transmission equipment or services is present
in commercial communications networks in the
United States; and
(B) submit to Congress a report on the study
conducted under subparagraph (A).
(2) Covered communications equipment or services
list.--If the requirements for placement on the covered
communications equipment or services list under section
2 of the Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1601) are met, the Federal
Communications Commission shall place such covered
optical transmission equipment or services on such
list, but the prohibition in section 3(a)(1)(B) of such
Act (47 U.S.C. 1602(a)(1)(B)) shall not take effect
until the date that is 1 year after the Commission
places such covered optical transmission equipment or
services on such list.
(3) Reimbursement.--Any covered optical transmission
equipment or services placed on the covered
communications equipment or services list described in
paragraph (2) shall not be eligible for reimbursement
under the Secure and Trusted Communications Networks
Reimbursement Program established under section 4 of
the Secure and Trusted Communications Networks Act of
2019 (47 U.S.C. 1603) until the date that is 1 year
after the Commission places such covered optical
transmission equipment or services on such list.
(d) Covered Optical Transmission Equipment or Services
Defined.--In this section, the term ``covered optical
transmission equipment or services'' means--
(1) optical transmission equipment, including optical
fiber and cable, that is capable of routing or
redirecting user data traffic or permitting visibility
into any user data or packets that such equipment
transmits or handles; or
(2) services that use such equipment.
----------
221. An Amendment To Be Offered by Representative Kelly of Mississippi
or His Designee, Debatable for 10 Minutes
After section 623, insert the following as a new section 624
and redesignate subsequent sections accordingly:
SEC. 624. SPACE-AVAILABLE TRAVEL FOR CHILDREN, SURVIVING SPOUSES,
PARENTS, AND SIBLINGS OF MEMBERS OF THE ARMED
FORCES WHO DIE WHILE SERVING IN THE ACTIVE
MILITARY, NAVAL, OR AIR SERVICE.
(a) Expansion of Eligibility.--Section 2641b(c) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7);
and
(2) by inserting after paragraph (5) the following
new paragraph (6):
``(6) Children, surviving spouses, parents, and
siblings of members of the armed forces who die while
serving in the active military, naval, or air service
(as that term is defined in section 101 of title
38).''.
(b) Related Instruction.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall revise Department of Defense Instruction 4515.13 to
ensure that individuals eligible for space-available travel on
aircraft of the Department under paragraph (6) of such section,
as amended by subsection (a), are placed in a category of
travellers not lower than category V.
----------
222. An Amendment To Be Offered by Representative Kelly of Mississippi
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX, add the following new
section:
SEC. 8___. SEMICONDUCTOR PRODUCTION INCENTIVE EXPANSION.
Section 9902(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) is amended by striking ``the United States for''
and all that follows and inserting the following:
``the United States for--
``(1) semiconductor fabrication, assembly,
testing, advanced packaging, or research and
development; and
``(2) the manufacturing, production, or
research and development of semiconductor
manufacturing equipment and materials.''.
----------
223. An Amendment To Be Offered by Representative Kelly of Mississippi
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON USE OF CERTAIN FUNDING FOR COUNTER-NARCOTICS
MISSIONS IN CENTRAL ASIA.
Not later than March 1, 2022, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the use of funding
made available pursuant to section 333 of title 10, United
States Code, for counter-narcotics missions in Central Asia.
The report shall include--
(1) the amount of funding made available pursuant to
section 333 of title 10, United States Code, that has
been used for counter-narcotics missions in Central
Asia, specifically to counter illicit trafficking
operations emanating from Afghanistan and Central Asia,
during the five-year period preceding the date of the
enactment of this Act;
(2) the amount of funding made available pursuant to
other sources, including section 284 of title 10,
United States Code, that has been used to counter
illicit trafficking operations emanating from
Afghanistan and Central Asia during the five-year
period preceding the date of the enactment of this Act;
and
(3) an assessment of whether funding made available
pursuant to section 333 of title 10, United States
Code, can be used to maintain, repair, and upgrade
equipment previously supplied by the United States to
foreign law enforcement agencies for counter-narcotics
purposes on borders and at international ports.
----------
224. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. 13__. EXTENSION AND MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS
TO REDRESS INJURY AND LOSS.
(a) Extension.--Subsection (a) of section 1213 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 2731 note) is amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
(b) Modification to Conditions on Payment.--Subsection (b)(1)
of such section 1213 is amended to read as follows:
``(1) the prospective foreign civilian recipient is
not otherwise ineligible for payment under any other
provision of law;''.
(c) Modifications to Quarterly Report Requirement.--
Subsection (g) of such section 1213 is amended by adding at the
end the following:
``(3) The status of Department of Defense efforts to
establish the claims procedures required under
subsection (d)(1) and to otherwise implement this
section.''.
(d) Modification to Procedure to Submit Claims.--Such section
1213 is further amended--
(1) by redesignating subsections (d) through (g), as
amended, as subsections (e) through (h), respectively;
and
(2) by inserting after subsection (c) the following:
``(d) Procedures to Review Allegations.--
``(1) Procedures required.--Not later than 180 days
after the date of enactment of this subsection, the
Secretary of Defense shall establish procedures to
receive, evaluate, and respond to allegations of
civilian harm resulting from military operations
involving the United States Armed Forces, a coalition
that includes the United States, or a military
organization supporting the United States. Such
responses may include--
``(A) a formal acknowledgement of such harm;
``(B) a nonmonetary expression of condolence;
or
``(C) an ex gratia payment.
``(2) Consultation.--In establishing the procedures
under paragraph (1), the Secretary of Defense shall
consult with the Secretary of State and with
nongovernmental organizations that focus on addressing
civilian harm in conflict.
``(3) Policy updates.--Not later than one year after
the date of the enactment of this subsection, the
Secretary of Defense shall ensure that procedures
established under paragraph (1) are formalized through
updates to the policy referred to in section 936 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134
note).''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require the
Secretary of Defense to pause, suspend, or otherwise alter the
provision of ex gratia payments in accordance with section 1213
of the National Defense Authorization Act for Fiscal Year 2020,
as amended, in the course of developing the procedures required
by subsection (d) of such section (as added by subsection (d)
of this section).
----------
225. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
At the end of title XI, add the following:
SEC. 11__. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK OVERSEAS ON
NAVAL VESSELS.
Section 5542(a)(6)(A) of title 5, United States Code, is
amended--
(1) by inserting ``outside the United States'' after
``temporary duty'';
(2) by striking ``the nuclear aircraft carrier that
is forward deployed in Japan'' and inserting ``naval
vessels''; and
(3) by inserting ``of 1938'' after ``Fair Labor
Standards Act''.
----------
226. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
At the end of title XI, add the following:
SEC. 11__. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall conduct an assessment of the impacts resulting
from the Navy's suspension in 2016 of the Accelerated Promotion
Program (in this section referred to as the ``APP''). The
Director may consult with the Secretary of the Navy in carrying
out such assessment, but the Navy may not play any other role
in such assessment.
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the employees who were hired
at the four public shipyards between January 23, 2016,
and December 22, 2016, covering the period in which APP
was suspended, and who would have otherwise been
eligible for APP had the program been in effect at the
time they were hired.
(2) An assessment for each employee identified in
paragraph (1) to determine the difference between wages
earned from the date of hire to the date on which the
wage data would be collected and the wages which would
have been earned during this same period should that
employee have participated in APP from the date of hire
and been promoted according to the average promotion
timeframe for participants hired in the five-year
period prior to the suspension.
(3) An assessment for each employee identified in
paragraph (1) to determine at what grade and step each
effected employee would be at on October 1, 2020, had
that employee been promoted according to the average
promotion timeframe for participants hired in the five-
year period prior to the suspension.
(4) An evaluation of existing authorities available
to the Secretary to determine whether the Secretary can
take measures using those authorities to provide the
pay difference and corresponding interest, at a rate of
the federal short-term interest rate plus 3 percent, to
each effected employee identified in paragraph (2) and
directly promote the employee to the grade and step
identified in paragraph (3).
(c) Report.--The Director shall submit, to the congressional
defense committees, the Committee on Oversight and Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate, a report on
the results of the evaluation by not later than 270 days after
the date of enactment of this Act, and shall provide interim
briefings upon request.
----------
227. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RC-26B
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Air Force
may be obligated or expended to retire, divest, realign, or
place in storage or on backup aircraft inventory status, or to
prepare to retire, divest, realign, or place in storage or on
backup aircraft inventory status, any RC-26B aircraft.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-26B aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer
mission capable because of mishaps or other damage.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Operation and maintenance.--Of the funds
authorized to be appropriated in section 301 for
operation and maintenance, as specified in the
corresponding funding table in section 4301, for
operation and maintenance, Air National Guard, the
Secretary of the Air Force may transfer up to
$18,500,000 to be used in support of the RC-26B manned
intelligence, surveillance, and reconnaissance
platform.
(2) Military personnel.--Of the funds authorized to
be appropriated in section 401 for military personnel,
as specified in the corresponding funding table in
section 4401, the Secretary of the Air Force may
transfer up to $13,000,000 from military personnel, Air
National Guard to be used in support of personnel who
operate and maintain the RC-26B manned intelligence,
surveillance, and reconnaissance platform.
(d) Memoranda of Agreement.--Notwithstanding any other
provision of law, the Secretary of Defense may enter into one
or more memoranda of agreement or cost-sharing agreements with
other departments and agencies of the Federal Government under
which the RC-26B aircraft may be used to assist with the
missions and activities of such departments and agencies.
----------
228. An Amendment To Be Offered by Representative Kirkpatrick of
Arizona or Her Designee, Debatable for 10 Minutes
Page 795, after line 16, insert the following new paragraph:
(3) Additional report from secretary of the air
force.--Not later than 45 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 progress made toward the A-10 re-wing
contracts and the progress made in re-winging those A-
10 aircraft that have not received new wings. The
report shall address the following:
(A) The status of contracts awarded, procured
wing kits, and completed installations.
(B) A list of locations scheduled to receive
the procured re-wing kits.
(C) A spend plan for procurement funding that
was appropriated in fiscal year 2021 and
subsequent fiscal years for A-10 re-wing kits.
----------
229. An Amendment To Be Offered by Representative Krishnamoorthi of
Illinois or His Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. AUTHORITY FOR SECRETARY OF HEALTH AND HUMAN SERVICES TO
ACCEPT UNUSED COVID-19 VACCINES FOR POTENTIAL
REDISTRIBUTION.
The Secretary of Health and Human Services may accept, as the
Secretary determines appropriate and practicable, the return of
an unused COVID-19 vaccine from a Federal agency, State, or
other entity, for potential redistribution, including
distribution to a foreign ally or partner.
----------
230. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
Add at the end of title LX the following:
SEC. __. PILOT PROGRAM TO EMPLOY VETERANS IN POSITIONS RELATING TO
CONSERVATION AND RESOURCE MANAGEMENT ACTIVITIES.
(a) Establishment.--The Secretary of Veterans Affairs and the
Secretaries concerned shall jointly establish a pilot program
under which veterans are employed by the Federal Government in
positions that relate to the conservation and resource
management activities of the Department of the Interior and the
Department of Agriculture.
(b) Administration.--The Secretary of Veterans Affairs shall
administer the pilot program under subsection (a).
(c) Positions.--The Secretaries concerned shall--
(1) identify vacant positions in the respective
Departments of the Secretaries that are appropriate to
fill using the pilot program under subsection (a); and
(2) to the extent practicable, fill such positions
using the pilot program.
(d) Application of Civil Service Laws.--A veteran employed
under the pilot program under subsection (a) shall be treated
as an employee as defined by section 2105 of title 5, United
States Code.
(e) Best Practices for Other Departments.--The Secretary of
Veterans Affairs shall establish guidelines containing best
practices for departments and agencies of the Federal
Government that carry out programs to employ veterans who are
transitioning from service in the Armed Forces. Such guidelines
shall include--
(1) lessons learned under the Warrior Training
Advancement Course of the Department of Veterans
Affairs; and
(2) methods to realize cost savings based on such
lessons learned.
(f) Partnership.--The Secretary of Veterans Affairs, the
Secretaries concerned, and the Secretary of Defense may enter
into a partnership to include the pilot program under
subsection (a) as part of the Skillbridge program under section
1143 of title 10, United States Code.
(g) Reports.--
(1) Initial report.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Veterans Affairs and the Secretaries concerned shall
jointly submit to the appropriate congressional
committees a report on the pilot program under
subsection (a), including--
(A) a description of how the pilot program
will be carried out in a manner to reduce the
unemployment of veterans; and
(B) any recommendations for legislative
actions to improve the pilot program.
(2) Implementation.--Not later than one year after
the date on which the pilot program under subsection
(a) commences, the Secretary of Veterans Affairs and
the Secretaries concerned shall jointly submit to the
appropriate congressional committees a report on the
implementation of the pilot program.
(3) Final report.--Not later than 30 days after the
date on which the pilot program under subsection (a) is
completed, the Secretary of Veterans Affairs and the
Secretaries concerned shall jointly submit to the
appropriate congressional committees a report on the
pilot program that includes the following:
(A) The number of veterans who applied to
participate in the pilot program.
(B) The number of such veterans employed
under the pilot program.
(C) The number of veterans identified in
subparagraph (B) who transitioned to full-time
positions with the Federal Government after
participating in the pilot program.
(D) Any other information the Secretaries
determine appropriate with respect to measuring
the effectiveness of the pilot program.
(h) Duration.--The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is two
years after the date on which the pilot program commences.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Veterans' Affairs, the
Committee on Agriculture, and the Committee on
Natural Resources of the House of
Representatives; and
(B) the Committee on Veterans' Affairs, the
Committee on Agriculture, Nutrition, and
Forestry, and the Committee on Energy and
Natural Resources of the Senate.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture with respect
to matters regarding the National Forest System
and the Department of Agriculture; and
(B) the Secretary of the Interior with
respect to matters regarding the National Park
System and the Department of the Interior.
----------
231. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 6013. USE OF VETERANS WITH MEDICAL OCCUPATIONS IN RESPONSE TO
NATIONAL EMERGENCIES.
(a) Update of Web Portal To Identify Veterans Who Had Medical
Occupations as Members of the Armed Forces.--
(1) In general.--The Secretary shall update existing
web portals of the Department to allow the
identification of veterans who had a medical occupation
as a member of the Armed Forces.
(2) Information in portal.--
(A) In general.--An update to a portal under
paragraph (1) shall allow a veteran to elect to
provide the following information:
(i) Contact information for the
veteran.
(ii) A history of the medical
experience and trained competencies of
the veteran.
(B) Inclusions in history.--To the extent
practicable, histories provided under
subparagraph (A)(ii) shall include individual
critical task lists specific to military
occupational specialties that align with
existing standard occupational codes maintained
by the Bureau of Labor Statistics.
(b) Program on Provision to States of Information on Veterans
With Medical Skills Obtained During Service in the Armed
Forces.--For purposes of facilitating civilian medical
credentialing and hiring opportunities for veterans seeking to
respond to a national emergency, including a public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d), the Secretary, in coordination with the Secretary
of Defense and the Secretary of Labor, shall establish a
program to share information specified in section 3(b) with the
following:
(1) State departments of veterans affairs.
(2) Veterans service organizations.
(3) State credentialing bodies.
(4) State homes.
(5) Other stakeholders involved in State-level
credentialing, as determined appropriate by the
Secretary.
(c) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary shall implement a
program to train covered veterans to work as
intermediate care technicians of the Department.
(2) Locations.--The Secretary may place an
intermediate care technician trained under the program
under paragraph (1) at any medical center of the
Department, giving priority to a location with a
significant staffing shortage.
(3) Inclusion of information in transition assistance
program.--As part of the Transition Assistance Program
under sections 1142 and 1144 of title 10, United States
Code, the Secretary shall prepare a communications
campaign to convey opportunities for training,
certification, and employment under the program under
paragraph (1) to appropriate members of the Armed
Forces separating from active duty.
(4) Report on expansion of program.--Not later than
180 days after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on
whether the program under this section could be
replicated for other medical positions within the
Department.
(5) Covered veteran defined.--In this subsection, the
term ``covered veteran'' means a veteran whom the
Secretary determines served as a basic health care
technician while serving in the Armed Forces.
(d) Notification of Opportunities for Veterans.--The
Secretary shall notify veterans service organizations and, in
coordination with the Secretary of Defense, members of the
reserve components of the Armed Forces of opportunities for
veterans under this section.
(e) Definitions.--In this section:
(1) Department; secretary; veteran.--The terms
``Department'', ``Secretary'', ``State home'', and
``veteran'' have the meanings given those terms in
section 101 of title 38, United States Code.
(2) Veterans service organization.--The term
``veterans service organization'' means an organization
that provides services to veterans, including
organizations recognized by the Secretary of Veterans
Affairs under section 5902 of title 38, United States
Code.
----------
232. An Amendment To Be Offered by Representative Lamborn of Colorado
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1648. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE AGENCY.
Not later than 60 days after the date of the enactment of
this Act, the Director of the Missile Defense Agency shall
submit to the congressional defense committees a report
detailing the following:
(1) The responsibilities of the positions of the
Director, Sea-based Weapons Systems, and the Deputy
Director of the Missile Defense Agency.
(2) The role of the officials who occupy these
positions with respect to the functional combatant
commands with missile defense requirements.
(3) The rationale and benefit of having an official
in these positions who is a general officer or flag
officer versus a civilian.
----------
233. An Amendment To Be Offered by Representative Lamborn of Colorado
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XVI the following new
section:
SEC. 16__. LEVERAGING COMMERCIAL ON-ORBIT SATELLITE SERVICING.
(a) Findings.--Congress finds the following:
(1) National security depends on reliable access to,
and safe operations in, space. Modern society is
reliant on space operations, but most spacecraft today
are designed to be discarded at end-of-mission, leaving
potential gaps in mission continuity and contributing
to risk in the space domain.
(2) Existing and future critical Department of
Defense missions operating in space and providing
multidomain support would benefit from the application
of commercial On-orbit Servicing, Assembly, and
Manufacturing (in this section referred to as ``OSAM'')
capabilities, which extend the longevity and
operability of national security space systems through
inspection, repair, refueling, and mitigation of
debris.
(3) Because the domain in which space systems operate
is increasingly congested, the risk of collisions and
orbital debris generation has increased, a risk that is
exacerbated by a lack of utilization of OSAM services.
A secure, stable, and accessible space domain is
paramount to the unimpeded and resilient operations of
civil, military, intelligence, and commercial space
assets by the United States and its allies. OSAM
technologies support Department of Defense strategy by
improving the adaptability and efficiency of existing
and future military space architectures.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress strongly encourages the Secretary of
Defense to invest in developing technologies to support
the advancement of debris remediation, such as
rendezvous, proximity operations, and debris removal as
an element of OSAM;
(2) because of the importance of the space domain,
the Secretary should seek ways to collaborate with
United States industry partners and allied nations;
(3) beyond technology development, the Secretary and
the intelligence community should consider satellite
servicing and active disposal as a viable operational
trade-off--in this way, in the future, a back-up
disposal plan using direct retrieval should be a
preferred and viable method for relevant or off-nominal
missions.
(c) Report.--Not later than December 3, 2021, the Secretary
of Defense, in consultation with the Director of National
Intelligence and the Administrator of the National Aeronautics
and Space Administration, shall submit to the appropriate
congressional committees a report that--
(1) identifies critical investment areas for the
further development and usage of commercial OSAM
technologies and capabilities to meet emerging and
changing government space mission needs on-orbit; and
(2) includes a plan for interagency engagement in the
standardization and adoption of commercial OSAM
interfaces for government space systems.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Science, Space, and Technology
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(3) the Committee on Commerce, Science, and
Transportation and the Select Committee on Intelligence
of the Senate.
----------
234. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60___. CRITICAL TECHNOLOGY SECURITY CENTERS.
(a) Critical Technology Security Centers.--Title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended
by adding at the end the following new section:
``SEC. 322. CRITICAL TECHNOLOGY SECURITY CENTERS.
``(a) Establishment.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting through
the Under Secretary for Science and Technology, and in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, shall award grants, contracts,
or cooperative agreements to covered entities for the
establishment of not fewer than four cybersecurity-focused
Critical Technology Security Centers to evaluate and test the
security of devices and technologies that underpin national
critical functions.
``(b) Initial Centers.--With respect to the critical
technology security centers referred to in subsection (a), four
of such centers shall be as follows:
``(1) The Center for Network Technology Security, to
study the security of information and communications
technology that underpins national critical functions
related to communications.
``(2) The Center for Connected Industrial Control
System Security, to study the security of connected
programmable data logic controllers, supervisory
control and data acquisition servers, and other
networked industrial equipment.
``(3) The Center for Open Source Software Security,
to study vulnerabilities in open source software used
to support national critical functions.
``(4) The Center for Federal Critical Software
Security, to study the security of software used by the
Federal government that performs functions critical to
trust (such as affording or requiring elevated system
privileges or direct access to networking and computing
resources).
``(c) Additional Centers.--The Under Secretary may, in
coordination with the Director, award grants contracts, or
cooperative agreements to covered entities for the
establishment of additional critical technology security
centers to address technologies vital to national critical
functions.
``(d) Selection of Critical Technologies.--Before awarding a
grant, contract, or cooperative agreement to a covered entity
to establish a critical technology security center, the Under
Secretary shall consult with the Director, who shall provide
the Under Secretary with a list of technologies within the
remit of the center that support national critical functions.
``(e) Responsibilities.--In studying the security of
technologies within its remit, each center shall have the
following responsibilities:
``(1) Conducting rigorous security testing to
identify vulnerabilities in such technologies.
``(2) Reporting new vulnerabilities found and the
tools, techniques, and practices used to uncover them
to the developers of such technologies in question and
to the Cybersecurity and Infrastructure Security
Agency.
``(3) With respect to such technologies, developing
new capabilities for vulnerability discovery,
management, and mitigation.
``(4) Assessing the security of software essential to
national critical functions.
``(5) Supporting existing communities of interest,
including by granting funds, in remediating
vulnerabilities discovered within such technologies.
``(6) Utilizing findings to inform and support the
future work of the Cybersecurity and Infrastructure
Security Agency.
``(f) Application.--To be eligible to be designed as a
critical technology security center pursuant to subsection (a),
a covered entity shall submit to the Secretary an application
at such time, in such manner, and including such information as
the Secretary may require.
``(g) Biannual Reports.--Not later than one year after the
date of the enactment of this section and every two years
thereafter, the Under Secretary shall submit to the appropriate
congressional committees a report that includes, with respect
to each critical technology security center--
``(1) a summary of the work performed by each such
center;
``(2) information relating to the allocation of
Federal funds at each such center;
``(3) a description of each vulnerability identified,
including information relating to the corresponding
software weakness;
``(4) an assessment of the criticality of each
vulnerability identified pursuant to paragraph (3);
``(5) a list of critical technologies studied by each
center, including an explanation by the Under Secretary
for any deviations from the list of technologies
provided by the Director before the distribution of
funding to the center; and
``(6) a list of tools, techniques, and procedures
used by each such center.
``(h) Consultation With Relevant Agencies.--In carrying out
this section, the Under Secretary shall consult with the heads
of other Federal agencies conducting cybersecurity research, to
include the following:
``(1) The National Institute of Standards and
Technology.
``(2) The National Science Foundation.
``(3) Relevant agencies within the Department of
Energy.
``(4) Relevant agencies within the Department of
Defense.
``(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 2022;
``(2) $42,000,000 for fiscal year 2023;
``(3) $44,000,000 for fiscal year 2024;
``(4) $46,000,000 for fiscal year 2025; and
``(5) $49,000,000 for fiscal year 2026.
``(j) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security of
the House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(2) The term `covered entity' means a university,
federally funded research and development center,
including national laboratories, or consortia thereof.
``(3) The term `critical technology' means technology
relating to a national critical function.
``(4) The term ``open source software'' means
software for which the human-readable source code is
freely available for use, study, re-use, modification,
enhancement, and redistribution by the users of such
software.''.
(b) Identification of Certain Technology.--Paragraph (1) of
section 2202(e) of the Homeland Security Act of 2002 (6 U.S.C.
603(e)) is amended by adding at the end the following new
subparagraph:
``(S) To identify the technologies within the
remits of the Critical Technology Security
centers as described in section 322 that are
vital to national critical functions.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 321 the following
new item:
``Sec. 322. Critical Technology Security Centers.''.
____________________________________________________
235. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of title LII, add the following new section:
SEC. 52__. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE FOR RESEARCH
AND ENGINEERING ON THE JOINT REQUIREMENTS OVERSIGHT
COUNCIL.
(a) In General.--Section 181 of title 10, United States Code,
is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``the Secretary of Defense and''
before ``the Chairman'';
(B) by redesignating paragraphs (2) through
(6) as paragraphs (3) through (7),
respectively;
(C) by inserting after paragraph (1) the
following new paragraph:
``(2) increasing awareness of global technology
trends, threats, and adversary capabilities to address
gaps in joint military capabilities and validate
technical feasibility of requirements developed by the
military departments;'';
(D) in subparagraph (B) of paragraph (4) (as
so redesignated), by inserting ``the Secretary
of Defense and'' before ``the Chairman''; and
(E) in paragraph (5) (as so redesignated), by
inserting ``the Secretary of Defense and''
before ``the Chairman'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs
(B) through (F) as subparagraphs (C)
through (G), respectively; and
(ii) by inserting after subparagraph
(A) the following new subparagraph:
``(B) The Under Secretary of Defense for
Research and Engineering, who shall serve as
the Chief Science Advisor to the Council.'';
and
(B) in paragraph (2), by striking
``subparagraphs (B), (C), (D), and (E)'' and
inserting ``subparagraphs (C), (D), (E), and
(F)''; and
(3) in subsection (d)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E)
through (H) as subparagraphs (D) through (G),
respectively.
(b) Recommendation on Extension.--Not later than March 1,
2023, the Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, the Under Secretary of
Defense for Research and Engineering, and the Under Secretary
of Defense for Acquisition and Sustainment, shall submit to the
congressional defense committees a recommendation regarding
whether the Under Secretary of Defense for Research and
Engineering should be designated as the co-chair of the Joint
Requirements Oversight Council. The report should include the
reasons behind the recommendation and a description of the
additional resources and staff that would be required to
support such designation. The report may also include input
from each member or advisor of the Joint Requirements Oversight
Council.
----------
236. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. EVALUATION OF DEPARTMENT OF DEFENSE CYBER GOVERNANCE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall
commission a comprehensive evaluation and review of the
Department of Defense's current cyber governance construct.
(b) Scope.--The evaluation and review commissioned pursuant
to subsection (a) shall--
(1) assess the performance of the Department of
Defense in carrying out cyberspace and cybersecurity
responsibilities relating to--
(A) conducting military cyberspace operations
of offensive, defensive, and protective
natures;
(B) securely operating technologies
associated with information networks,
industrial control systems, operational
technologies, weapon systems, and weapon
platforms; and
(C) enabling, encouraging, and supporting the
security of international, industrial, and
academic partners;
(2) analyze and assess the current institutional
constructs across the Office of the Secretary of
Defense, Joint Staff, military services, and combatant
commands involved with and responsible for the
responsibilities specified in paragraph (1);
(3) examine the Department's policy, legislative, and
regulatory regimes related to cyberspace and
cybersecurity matters;
(4) analyze and assess the Department's performance
in and posture for building and retaining the requisite
workforce necessary to perform the responsibilities
specified in paragraph (1);
(5) determine optimal governance structures related
to the management and advancement of the Department's
cyber workforce, including those structures defined
under and evaluated pursuant to section 1649 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and section 1726 of the National
Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283);
(6) develop policy and legislative recommendations,
as appropriate, to delineate and deconflict the roles
and responsibilities of United States Cyber Command in
defending and protecting the Department of Defense
Information Network (DoDIN), with the responsibility of
the Chief Information Officer, the Defense Information
Systems Agency, and the military services to securely
operate technologies specified in paragraph (1)(B);
(7) develop policy and legislative recommendations to
enhance the authority of the Chief Information Officers
within the military services, specifically as such
relates to executive and budgetary control over matters
related to such services' information technology
security, acquisition, and value;
(8) develop policy and legislative recommendations,
as appropriate, for optimizing the institutional
constructs across the Office of the Secretary of
Defense, Joint Staff, military services, and combatant
commands involved with and responsible for the
responsibilities specified in paragraph (1); and
(9) make recommendations for any legislation
determined appropriate.
(c) Interim Briefings.--Not later than 90 days after the
commencement of the evaluation and review commissioned pursuant
to subsection (a) and every 45 days thereafter, the Secretary
of Defense shall brief the congressional defense committees on
interim findings of such evaluation and review.
(d) Report.--Not later than six months after the commencement
of the evaluation and review commissioned pursuant to
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report on such evaluation
and review.
----------
237. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee, Debatable for 10 Minutes
At the end of title XI of division A, add the following:
SEC. 11__. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL FLEXIBILITIES
FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES AND
MAJOR RANGE AND TEST FACILITIES BASE CIVILIAN
PERSONNEL.
Section 1132 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114- 328; 130 Stat. 2457), as
amended by section 1107 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1630),
is further amended--
(1) in subsection (a), by striking ``through 2021''
and inserting ``through 2026'';
(2) by redesignating subsection (f) as subsection
(h); and
(3) by inserting after subsection (e) the following:
``(f) Data Collection Requirement.--The Secretary of Defense
shall develop and implement a plan to collect and analyze data
on the pilot program for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the leadership of the
Department and Congress on the implementation of the
pilot program and related policy issues.
``(g) Briefing.--Not later than 90 days after the end of each
of fiscal years 2022 through 2026, the Secretary of Defense
shall provide a briefing to the Committee on Armed Services of
the House of Representatives, the Committee on Armed Services
of the Senate, the Committee on Oversight and Government Reform
of the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate including--
``(1) a description of the effect of this section on
the management of civilian personnel at domestic
defense industrial base facilities and Major Range and
Test Facilities Base during the most recently ended
fiscal year; and
``(2) the number of employees--
``(A) hired under such section during such
fiscal year; and
``(B) expected to be hired under such section
during the fiscal year in which the briefing is
provided.''.
----------
238. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following new
section:
SEC. 576. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS OF
THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices (including use of civilian industry
best practices) regarding the use of retention and exit survey
data to identify barriers and lessons learned to improve the
retention of female members of the Armed Forces under the
jurisdiction of such Secretaries.
----------
239. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
Page1390, after line 19, add the following:
SEC. 6013. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.
(a) Findings.--Congress finds the following:
(1) There are approximately 2,300,000 women within
the veteran population in the United States.
(2) The number of women veterans using services from
the Veterans Health Administration has increased by
28.8 percent from 423,642 in 2014 to 545,670 in 2019.
(3) During the period of 2010 through 2015, the use
of maternity services from the Veterans Health
Administration increased by 44 percent.
(4) Although prenatal care and delivery is not
provided in facilities of the Department of Veterans
Affairs, pregnant women seek care from the Department
for other conditions may also need emergency care and
require coordination of services through the Veterans
Community Care Program under section 1703 of title 38,
United States Code.
(5) The number of unique women veteran patients with
an obstetric delivery paid for by the Department
increased by 1,778 percent from 200 deliveries in 2000
to 3,756 deliveries in 2015.
(6) The number of women age 35 years or older with an
obstetric delivery paid for by the Department increased
16-fold from fiscal year 2000 to fiscal year 2015.
(7) A study in 2010 found that veterans returning
from Operation Enduring Freedom and Operation Iraqi
Freedom who experienced pregnancy were twice as likely
to have a diagnosis of depression, anxiety,
posttraumatic stress disorder, bipolar disorder, or
schizophrenia as those who had not experienced a
pregnancy.
(8) The number of women veterans of reproductive age
seeking care from the Veterans Health Administration
continues to grow (more than 185,000 as of fiscal year
2015).
(b) Program.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish a pilot program to
furnish doula services to covered veterans through
eligible entities by expanding the Whole Health model
of the Department of Veterans Affairs, or successor
model, to measure the impact that doula support
services have on birth and mental health outcomes of
pregnant veterans (in this section referred to as the
``pilot program'').
(2) Consideration.--In carrying out the pilot
program, the Secretary shall consider all types of
doulas, including traditional and community-based
doulas.
(3) Consultation.--In designing and implementing the
pilot program the Secretary shall consult with
stakeholders, including--
(A) organizations representing veterans,
including veterans that are disproportionately
impacted by poor maternal health outcomes;
(B) community-based health care
professionals, including doulas, and other
stakeholders; and
(C) experts in promoting health equity and
combating racial bias in health care settings.
(4) Goals.--The goals of the pilot program are the
following:
(A) To improve--
(i) maternal, mental health, and
infant care outcomes;
(ii) integration of doula support
services into the Whole Health model of
the Department, or successor model; and
(iii) the experience of women
receiving maternity care from the
Department, including by increasing the
ability of a woman to develop and
follow her own birthing plan.
(B) To reengage veterans with the Department
after giving birth.
(c) Locations.--The Secretary shall carry out the pilot
program in--
(1) the three Veterans Integrated Service Networks of
the Department that have the highest percentage of
female veterans enrolled in the patient enrollment
system of the Department established and operated under
section 1705(a) of title 38, United States Code,
compared to the total number of enrolled veterans in
such Network; and
(2) the three Veterans Integrated Service Networks
that have the lowest percentage of female veterans
enrolled in the patient enrollment system compared to
the total number of enrolled veterans in such Network.
(d) Open Participation.--The Secretary shall allow any
eligible entity or covered veteran interested in participating
in the pilot program to participate in the pilot program.
(e) Services Provided.--
(1) In general.--Under the pilot program, a covered
veteran shall receive not more than 10 sessions of care
from a doula under the Whole Health model of the
Department, or successor model, under which a doula
works as an advocate for the veteran alongside the
medical team for the veteran.
(2) Sessions.--Sessions covered under paragraph (1)
shall be as follows:
(A) Three or four sessions before labor and
delivery.
(B) One session during labor and delivery.
(C) Three or four sessions after post-partum,
which may be conducted via the mobile
application for VA Video Connect.
(f) Administration of Pilot Program.--
(1) In general.--The Office of Women's Health of the
Department of Veterans Affairs, or successor office,
shall--
(A) coordinate services and activities under
the pilot program;
(B) oversee the administration of the pilot
program; and
(C) conduct onsite assessments of medical
facilities of the Department that are
participating in the pilot program.
(2) Guidelines for veteran-specific care.--The Office
shall establish guidelines under the pilot program for
training doulas on military sexual trauma and post
traumatic stress disorder.
(3) Amounts for care.--The Office may recommend to
the Secretary appropriate payment amounts for care and
services provided under the pilot program, which shall
not exceed $3,500 per doula per veteran.
(g) Doula Service Coordinator.--
(1) In general.--The Secretary, in consultation with
the Office of Women's Health, or successor office,
shall establish a Doula Service Coordinator within the
functions of the Maternity Care Coordinator at each
medical facility of the Department that is
participating in the pilot program.
(2) Duties.--A Doula Service Coordinator established
under paragraph (1) at a medical facility shall be
responsible for--
(A) working with eligible entities, doulas,
and covered veterans participating in the pilot
program; and
(B) managing payment between eligible
entities and the Department under the pilot
program.
(3) Tracking of information.--A doula providing
services under the pilot program shall report to the
applicable Doula Service Coordinator after each session
conducted under the pilot program.
(4) Coordination with women's program manager.--A
Doula Service Coordinator for a medical facility of the
Department shall coordinate with the women's program
manager for that facility in carrying out the duties of
the Doula Service Coordinator under the pilot program.
(h) Term of Pilot Program.--The Secretary shall conduct the
pilot program for a period of 5 years.
(i) Technical Assistance.--The Secretary shall establish a
process to provide technical assistance to eligible entities
and doulas participating in the pilot program.
(j) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter for each year in which the pilot program is
carried out, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
(2) Final report.--As part of the final report
submitted under paragraph (1), the Secretary shall
include recommendations on whether the model studied in
the pilot program should be continued or more widely
adopted by the Department.
(k) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary, for each of fiscal years 2022
through 2027, such sums as may be necessary to carry out this
section.
(l) Definitions.--In this section:
(1) The term ``covered veteran'' means a pregnant
veteran or a formerly pregnant veteran (with respect to
sessions post-partum) who is enrolled in the patient
enrollment system of the Department of Veterans Affairs
under section 1705 of title 38, United States Code.
(2) The term ``eligible entity'' means an entity that
provides medically accurate, comprehensive maternity
services to covered veterans under the laws
administered by the Secretary, including under the
Veterans Community Care Program under section 1703 of
title 38, United States Code.
(3) The term ``VA Video Connect'' means the program
of the Department of Veterans Affairs to connect
veterans with their health care team from anywhere,
using encryption to ensure a secure and private
session.
----------
240. An Amendment To Be Offered by Representative Lee of Nevada or Her
Designee, Debatable for 10 Minutes
At the end of subtitle J of title V of division A, add the
following:
SEC. ___. COMPTROLLER GENERAL ASSESSMENT OF QUALITY AND NUTRITION OF
FOOD AVAILABLE AT MILITARY INSTALLATIONS FOR
MEMBERS OF THE ARMED FORCES.
(a) Assessment.--The Comptroller General of the United States
shall conduct an assessment of the quality and nutrition of
food available at military installations for members of the
Armed Forces.
(b) Elements.--The assessment required by subsection (a)
shall include the following:
(1) A description of the extent to which data is
being collected on the nutritional food options
available at military installations for members of the
Armed Forces, including the fat, sodium, and fiber
content of hot line foods.
(2) An assessment of the extent to which the
Department of Defense has evaluated whether the
nutritional food options described in paragraph (1)
meet or exceed the daily nutrition standards for adults
set forth by the Department of Agriculture.
(3) A description of how the Secretary integrates and
coordinates nutrition recommendations, policies, and
pertinent information through the Interagency Committee
on Human Nutrition Research.
(4) An assessment of the extent to which the
Department of Defense has evaluated how such
recommendations, policies, and information affect
health outcomes of members of the Armed Forces or
retention rates for those members who do not meet
physical standards set forth by the Department.
(5) A description of how the Secretary gathers input
on the quality of food service options provided to
members of the Armed Forces.
(6) An assessment of how the Department of Defense
tracks the attitudes and perceptions of members of the
Armed Forces on the quality of food service operations
at military installations in terms of availability
during irregular hours, accessibility, portion, price,
and quality.
(7) An assessment of access by members of the Armed
Forces to high-quality food options on military
installations, such as availability of food outside
typical meal times or options for members not located
in close proximity to dining facilities at a military
installation.
(8) Such recommendations as the Comptroller General
may have to address any findings related to the quality
and availability of food options provided to members of
the Armed Forces by the Department of Defense.
(c) Briefing and Report.--
(1) Briefing.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General
shall brief the Committees on Armed Services of the
Senate and the House of Representatives on the status
of the assessment conducted under subsection (a).
(2) Report.--Not later than one year after the
briefing under paragraph (1), the Comptroller General
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
assessment conducted under subsection (a).
----------
241. An Amendment To Be Offered by Representative Leger Fernandez of
New Mexico or Her Designee, Debatable for 10 Minutes
Add at the end of title LX of division E the following:
SEC. ___. AMENDMENT TO RADIATION EXPOSURE COMPENSATION ACT.
Section 2(a)(1) of the Radiation Exposure Compensation Act
(Public Law 101-426; 42 U.S.C. 2210 note) is amended by
inserting ``, including individuals in New Mexico, Idaho,
Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington,
South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands,'' after ``tests exposed individuals''.
----------
242. An Amendment To Be Offered by Representative Lesko of Arizona or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XII of division A the
following:
SEC. 12__. REPORT ON UNITED STATES-TAIWAN SEMICONDUCTOR WORKING GROUP.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is the common interest of the United States
and allies and partners to strive for a Indo-Pacific
region that is free, open, inclusive, healthy, anchored
by democratic values and market-based rules;
(2) the United States should work closely with allies
and partners to respond to the most urgent of global
challenges, including economic and health impacts of
COVID, economic recovery as well as supply chain
resiliency of critical industries;
(3) Taiwan is a vital part of global high technology
supply chain with top-notched manufacturing capacity
for chips; and it is in the political, security and
economic interests of the United States to advocate for
an upgraded partnership with Taiwan in response to
challenges due to shortage of chips; and
(4) the United States recognizes Taiwan's continued
efforts to expand production of critical chips,
including for auto industries impacted severely by
COVID.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with Secretary of Commerce, the Secretary of
State, and the heads of other appropriate Federal departments
and agencies, shall submit to the appropriate congressional
committees a report on the following:
(1) The feasibility and advisability of establishing
an inter-agency United States-Taiwan working group for
coordinating cooperation related to semiconductor
issues.
(2) A discussion of current and future plans to
engage with Taiwan with respect to activities ensuring
supply chain security, especially with respect to
semiconductors.
(3) An assessment of impacts on global supply chain
integrity in case of regional conflicts in the Taiwan
Strait.
(4) An assessment to achieve measurable progress in
enhancing cooperation with Taiwan, including through
assessments in--
(A) development of strategies to engaging
Taiwan in the discussions of United States-
leading supply chain forums or dialogues; and
(B) economic and security benefits of
including Taiwan in the list of governments
eligible for the strategic trade authorization
exception.
(5) Any other matters the Secretary of Defense
determines relevant.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the congressional defense
committees and--
(1) the Committee on Foreign Affairs and the
Committee on Energy and Commerce of the House of
Representatives; and
(2) the Committee on Foreign Relations and Committee
on Commerce, Science, and Transportation of the Senate.
----------
243. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VI, insert the following:
SEC. 642. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, AND
INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS
WHO ENTER INTO CONTRACTS AFTER RECEIVING MILITARY
ORDERS FOR PERMANENT CHANGE OF STATION BUT THEN
RECEIVE STOP MOVEMENT ORDERS DUE TO AN EMERGENCY
SITUATION.
(a) In General.--Section 305A(a)(1) of the Servicemembers
Civil Relief Act (50 U.S.C. 3956) is amended--
(1) by striking ``after the date the servicemember
receives military orders to relocate for a period of
not less than 90 days to a location that does not
support the contract.'' and inserting ``after--''; and
(2) by adding at the end the following new
subparagraphs:
``(A) the date the servicemember receives
military orders to relocate for a period of not
less than 90 days to a location that does not
support the contract; or
``(B) the date the servicemember, while in
military service, receives military orders for
a permanent change of station, thereafter
enters into the contract, and then after
entering into the contract receives a stop
movement order issued by the Secretary of
Defense in response to a local, national, or
global emergency, effective for an indefinite
period or for a period of not less than 30
days, which prevents the servicemember from
using the services provided under the
contract.''.
(b) Retroactive Application.--The amendments made by this
section shall apply to stop movement orders issued on or after
March 1, 2020.
----------
244. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
Insert the following after section 551 and redesignate
subsequent sections accordingly.:
SEC. 552. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (E), by striking ``Disability''
and inserting ``Potential or confirmed medical
discharge of the member'';
(2) in subparagraph (F), by striking ``Character''
and all that follows and inserting ``Potential or
confirmed involuntary separation of the member.'';
(3) by redesignating subparagraph (M) as subparagraph
(R); and
(4) by inserting after subparagraph (L) the
following:
``(M) Child care requirements of the member
(including whether a dependent of the member is
enrolled in the Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family
while on duty).
``(P) The effects of operating tempo and personnel
tempo on the member and the household of the member.
``(Q) Whether the member is an Indian or urban
Indian, as those terms are defined in section 4 of the
Indian Health Care Improvement Act (Public Law 94-437;
25 U.S.C. 1603).''.
----------
245. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended by adding at the end the
following new subsection:
``(i) Office of City and State Diplomacy.--
``(1) In general.--There shall be established within
the Department of State an Office of City and State
Diplomacy (in this subsection referred to as the
`Office'). The Department may use a similar name at its
discretion and upon notification to Congress.
``(2) Head of office.--The head of the Office shall
be the Ambassador-at-Large for City and State Diplomacy
(in this subsection referred to as the `Ambassador') or
other appropriate senior official. The head of the
Office shall--
``(A) be appointed by the President, by and
with the advice and consent of the Senate; and
``(B) report directly to the Secretary, or
such other senior official as the Secretary
determines appropriate and upon notification to
Congress.
``(3) Duties.--
``(A) Principal duty.--The principal duty of
the head of the Office shall be the overall
coordination (including policy oversight of
resources) of Federal support for subnational
engagements by State and municipal governments
with foreign governments. The head of the
Office shall be the principal adviser to the
Secretary of State on subnational engagements
and the principal official on such matters
within the senior management of the Department
of State.
``(B) Additional duties.--The additional
duties of the head of the Office shall include
the following:
``(i) Coordinating overall United
States policy and programs in support
of subnational engagements by State and
municipal governments with foreign
governments, including with respect to
the following:
``(I) Coordinating resources
across the Department of State
and throughout the Federal
Government in support of such
engagements.
``(II) Identifying policy,
program, and funding
discrepancies among relevant
Federal agencies regarding such
coordination.
``(III) Identifying gaps in
Federal support for such
engagements and developing
corresponding policy or
programmatic changes to address
such gaps.
``(ii) Identifying areas of alignment
between United States foreign policy
and State and municipal goals.
``(iii) Improving communication with
the American public, including,
potentially, communication that
demonstrate the breadth of
international engagement by subnational
actors and the impact of diplomacy
across the United States.
``(iv) Providing advisory support to
subnational engagements, including by
assisting State and municipal
governments regarding--
``(I) developing and
implementing global engagement
and public diplomacy
strategies;
``(II) implementing programs
to cooperate with foreign
governments on policy
priorities or managing shared
resources; and
``(III) understanding the
implications of foreign policy
developments or policy changes
through regular and
extraordinary briefings.
``(v) Facilitating linkages and
networks among State and municipal
governments, and between State and
municipal governments and their foreign
counterparts, including by tracking
subnational engagements and leveraging
State and municipal expertise.
``(vi) Supporting the work of
Department of State detailees assigned
to State and municipal governments
pursuant to this subsection.
``(vii) Under the direction of the
Secretary, negotiating agreements and
memoranda of understanding with foreign
governments related to subnational
engagements and priorities.
``(viii) Supporting United States
economic interests through subnational
engagements, in consultation and
coordination with the Department of
Commerce, the Department of the
Treasury, and the Office of the United
States Trade Representative.
``(ix) Coordinating subnational
engagements with the associations of
subnational elected leaders, including
the United States Conference of Mayors,
National Governors Association,
National League of Cities, National
Association of Counties, Council of
State Governments, National Conference
of State Legislators, and State
International Development
Organizations.
``(4) Coordination.--With respect to matters
involving trade promotion and inward investment
facilitation, the Office shall coordinate with and
support the International Trade Administration of the
Department of Commerce as the lead Federal agency for
trade promotion and facilitation of business investment
in the United States.
``(5) Detailees.--
``(A) In general.--The Secretary of State,
with respect to employees of the Department of
State, is authorized to detail a member of the
civil service or Foreign Service to State and
municipal governments on a reimbursable or
nonreimbursable basis. Such details shall be
for a period not to exceed two years, and shall
be without interruption or loss of status or
privilege.
``(B) Responsibilities.--Detailees under
subparagraph (A) should carry out the
following:
``(i) Supporting the mission and
objectives of the host subnational
government office.
``(ii) Advising State and municipal
government officials regarding
questions of global affairs, foreign
policy, cooperative agreements, and
public diplomacy.
``(iii) Coordinating activities
relating to State and municipal
government subnational engagements with
the Department of State, including the
Office, Department leadership, and
regional and functional bureaus of the
Department, as appropriate.
``(iv) Engaging Federal agencies
regarding security, public health,
trade promotion, and other programs
executed at the State or municipal
government level.
``(v) Any other duties requested by
State and municipal governments and
approved by the Office.
``(C) Additional personnel support for
subnational engagement.--For the purposes of
this subsection, the Secretary of State--
``(i) is authorized to employ
individuals by contract;
``(ii) is encouraged to make use of
the re-hired annuitants authority under
section 3323 of title 5, United States
Code, particularly for annuitants who
are already residing across the United
States who may have the skills and
experience to support subnational
governments; and
``(iii) is encouraged to make use of
authorities under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701
et seq.) to temporarily assign State
and local government officials to the
Department of State or overseas
missions to increase their
international experience and add their
perspectives on United States
priorities to the Department.
``(6) Report and briefing.--
``(A) Report.--Not later than one year after
the date of the enactment of this subsection,
the head of the Office shall submit to the
Committee on Foreign Affairs and the Committee
on Appropriations of the House of
Representatives and the Committee on Foreign
Relations and the Committee on Appropriations
of the Senate a report that includes
information relating to the following:
``(i) The staffing plan (including
permanent and temporary staff) for the
Office and a justification for the
location of the Office within the
Department of State's organizational
structure.
``(ii) The funding level provided to
the Office for the Office, together
with a justification relating to such
level.
``(iii) The rank and title granted to
the head of the Office, together with a
justification relating to such decision
and an analysis of whether the rank and
title of Ambassador-at-Large is
required to fulfill the duties of the
Office.
``(iv) A strategic plan for the
Office, including relating to--
``(I) leveraging subnational
engagement to improve United
States foreign policy
effectiveness;
``(II) enhancing the
awareness, understanding, and
involvement of United States
citizens in the foreign policy
process; and
``(III) better engaging with
foreign subnational governments
to strengthen diplomacy.
``(v) Any other matters as determined
relevant by the head of the Office.
``(B) Briefings.--Not later than 30 days
after the submission of the report required
under subparagraph (A) and annually thereafter,
the head of the Office shall brief the
Committee on Foreign Affairs and the Committee
on Appropriations of the House of
Representatives and the Committee on Foreign
Relations and the Committee on Appropriations
of the Senate on the work of the Office and any
changes made to the organizational structure or
funding of the Office.
``(7) Rule of construction.--Nothing in this
subsection may be construed as precluding--
``(A) the Office from being elevated to a
bureau within the Department of State; or
``(B) the head of the Office from being
elevated to an Assistant Secretary, if such an
Assistant Secretary position does not increase
the number of Assistant Secretary positions at
the Department above the number authorized
under subsection (c)(1).
``(8) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means,
with respect to the government of a
municipality in the United States, a
municipality with a population of not fewer
than 100,000 people.
``(B) State.--The term `State' means the 50
States, the District of Columbia, and any
territory or possession of the United States.
``(C) Subnational engagement.--The term
`subnational engagement' means formal meetings
or events between elected officials of State or
municipal governments and their foreign
counterparts.''.
----------
246. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title III, add the following new
section:
SEC. 3__. PILOT PROGRAM ON USE OF WORKING DOGS TO DETECT EARLY STAGES
OF DISEASES.
(a) Pilot Program.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
commence a pilot program to determine the effectiveness of
using scent detection working dogs to detect the early stages
of diseases (including the coronavirus disease 2019 (COVID-19))
and upon detection, to alert the handler of the dog. In
carrying out such program, the Secretary shall consider--
(1) potential uses for such dogs in screening
individuals seeking to access facilities under the
jurisdiction of the Department of Defense or seeking to
access locations frequently used by the public and
relevant to public safety; and
(2) any other potential uses for such dogs relating
to the detection of early stages of diseases, including
uses relating to the management and provision of
personal protective equipment and medical testing kits
to Department of Defense personnel.
(b) Regulations.--The Secretary shall prescribe regulations
concerning the scope and limitations of the pilot program under
subsection (a). Such regulations shall include requirements to
ensure that the pilot program is scientifically rigorous.
(c) Duration.--The Secretary shall carry out the pilot
program under subsection (a) for a period of not more than four
years.
(d) Report.--Not later than 180 days after the date on which
the pilot program under subsection (a) terminates, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
outcomes of such pilot program.
----------
247. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED
STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE
ONGOING CIVIL WAR IN YEMEN.
Section 1273(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1699) is
amended by striking ``two-year period'' and inserting ``four-
year period''.
----------
248. An Amendment To Be Offered by Representative Lofgren of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XVI the following new
section:
SEC. 16__. REPORT ON SENSING CAPABILITIES OF THE DEPARTMENT OF DEFENSE
TO ASSIST FIGHTING WILDFIRES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Director of National Intelligence and any
other head of an agency or department the Secretary determines
appropriate, shall submit to the appropriate congressional
committees a report on the capabilities of the Department of
Defense to assist fighting wildfires through the use and
analysis of satellite and other aerial survey technology.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An examination of the current and future sensing
requirements for the wildfire fighting and analysis
community.
(2) Identification of assets of the Department of
Defense and intelligence community that can provide
data that is relevant to the requirements under
paragraph (1), including an examination of such assets
that--
(A) are currently available;
(B) are in development; and
(C) have been formally proposed by a
department or agency of the Federal Government,
but which have not yet been approved by
Congress.
(3) With respect to the assets identified under
paragraph (2)(A), an examination of how close the data
such assets provide comes to meeting the wildfire
management and suppression community needs.
(4) An identification of the total and breakdown of
costs reimbursed to the Department of Defense during
the five-year period preceding the date of the report
for reimbursable requests for assistance from lead
departments or agencies of the Federal Government
responding to natural disasters.
(5) A discussion of issues involved in producing
unclassified products using unclassified and classified
assets, and policy options for Congress regarding that
translation, including by explicitly addressing
classification choices that could ease the application
of data from such assets to wildfire detection and
tracking.
(6) Identification of options to address gaps between
requirements and capabilities to be met by additional
solutions, whether from the Department of Defense, the
intelligence community, or from the civil or commercial
domain.
(7) A retrospective analysis to determine whether the
existing data could have been used to defend against
past fires.
(8) Options for the Department of Defense to assist
the Department of Agriculture, the Department of the
Interior, the Department of Energy, the National
Aeronautics and Space Administration, the National
Oceanic and Atmospheric Administration, the National
Institute of Standards and Technology, the National
Science Foundation, and State and local governments in
identifying and responding to wildfires.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means the following:
(A) The Committee on Armed Services, the
Committee on Agriculture, the Committee on
Natural Resources, the Committee on Science,
Space, and Technology, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(B) The Committee on Armed Services, the
Committee on Agriculture, Nutrition, and
Forestry, the Committee on Commerce, Science,
and Transportation, the Committee on Energy and
Natural Resources, and the Select Committee on
Intelligence of the Senate.
(2) 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).
----------
249. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XII the following new
section:
SEC. 12__. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY IRAN.
It is the sense of Congress that--
(1) the Government of Iran's decision to enrich
uranium up to 60 percent purity is a further escalation
and shortens the breakout time to produce enough highly
enriched uranium to develop a nuclear weapon; and
(2) the Government of Iran should immediately abandon
any pursuit of a nuclear weapon.
----------
250. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. 12__. DEPARTMENT OF DEFENSE STUDY ON THE EMERGENCE OF MILITIA
FLEETS IN THE SOUTH CHINA SEA.
(a) Study.--The Secretary of Defense shall carry out a study
on the challenges posed by the emergence of militia fleets in
the South China Sea, including--
(1) a tactical threat assessment and assessment of
United States Navy and Coast Guard capability;
(2) options for countering militia fleets; and
(3) an assessment of future capabilities needed to
address those challenges.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate a report on
the study conducted pursuant to subsection (a).
(c) Militia Fleet.--In this section, the term ``militia
fleet'' means the People's Armed Forces Maritime Militia or
other subset national militias of China.
----------
251. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of title VI, add the following new section:
SEC. 6__. SPACE AVAILABLE TRAVEL FOR MEMBERS OF THE ARMED FORCES TO
ATTEND FUNERALS AND MEMORIAL SERVICES.
The Secretary of Defense shall modify the space available
travel program established pursuant to section 2641b of title
10, United States Code, to include, as authorized category II
travel, space available travel for a member of the Armed Forces
when the primary purpose of the member's travel is to attend a
funeral or memorial service.
----------
252. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, insert the following
new section:
SEC. 85__ REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) Short Title.--This section may be cited as the ``Wartime
Contracting Commission Reauthorization of 2021''.
(b) In General.--There is hereby reestablished in the
legislative branch under section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 230) the Commission on Wartime Contracting.
(c) Amendment to Duties.--Section 841(c)(1) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by
overseas contingency operations funds.
``(B) Federal agency contracting for the
logistical support of coalition forces
operating under the authority of either the
Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note) or the
Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note).
``(C) Federal agency contracting for the
performance of security functions in countries
where coalition forces operate under the
authority of either the Authorization for Use
of Military Force (Public Law 107-40; 50 U.S.C.
1541 note) or the Authorization for Use of
Military Force Against Iraq Resolution of 2002
(Public Law 107-243; 50 U.S.C. 1541 note).''.
(d) Conforming Amendments.--Section 841 of the National of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the
Committee on Oversight and Government Reform''
each place it appears, and inserting ``the
Committee on Oversight and Reform'';
(B) in paragraph (2), by striking ``of this
Act'' and inserting ``of the Wartime
Contracting Commission Reauthorization of
2021''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears, and
inserting ``was reestablished by the Wartime
Contracting Commission Reauthorization of
2021''; and
(2) in subsection (d)(1), by striking ``On March 1,
2009'' and inserting ``Not later than one year after
the date of enactment of the Wartime Contracting
Commission Reauthorization of 2021''.
----------
253. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. STRENGTHENING AWARENESS OF SANCTIONS.
(a) In General.--Section 312 of title 31, United States Code,
is amended by adding at the end the following::
``(g) OFAC Exchange.--
``(1) Establishment.--The OFAC Exchange is hereby
established within OFAC.
``(2) Purpose.--The OFAC Exchange shall facilitate a
voluntary public-private information sharing
partnership among law enforcement agencies, national
security agencies, financial institutions, and OFAC
to--
``(A) effectively and efficiently administer
and enforce economic and trade sanctions
against targeted foreign countries and regimes,
terrorists, international narcotics
traffickers, those engaged in activities
related to the proliferation of weapons of mass
destruction, and other threats to the national
security, foreign policy, or economy of the
United States by promoting innovation and
technical advances in reporting--
``(i) under subchapter II of chapter
53 and the regulations promulgated
under that subchapter; and
``(ii) with respect to other economic
and trade sanctions requirements;
``(B) protect the financial system from
illicit use, including evasions of existing
economic and trade sanctions programs; and
``(C) facilitate two-way information exchange
between OFAC and persons who are required to
comply with sanctions administered and enforced
by OFAC, including financial institutions,
business sectors frequently affected by
sanctions programs, and non-government
organizations and humanitarian groups impacted
by such sanctions programs.
``(3) Report.--
``(A) In general.--Not later than 1 year
after the date of enactment of this subsection,
and once every 2 years thereafter for the next
5 years, the Secretary of the Treasury shall
submit to the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the
Senate and the Committees on Financial Services
and Foreign Affairs of the House of
Representatives a report containing--
``(i) an analysis of the efforts
undertaken by the OFAC Exchange, which
shall include an analysis of--
``(I) the results of those
efforts; and
``(II) the extent and
effectiveness of those efforts,
including the extent and
effectiveness of communication
between OFAC and persons who
are required to comply with
sanctions administered and
enforced by OFACs;
``(ii) recommendations to improve
efficiency and effectiveness of
targeting, compliance, enforcement and
licensing activities undertake by OFAC;
and
``(iii) any legislative,
administrative, or other
recommendations the Secretary may have
to strengthen the efforts of the OFAC
Exchange.
``(B) Classified annex.--Each report under
subparagraph (A) may include a classified
annex.
``(4) Information sharing requirement.--Information
shared under this subsection shall be shared--
``(A) in compliance with all other applicable
Federal laws and regulations;
``(B) in such a manner as to ensure the
appropriate confidentiality of personal
information; and
``(C) at the discretion of the Director, with
the appropriate Federal functional regulator,
as defined in section of the Anti-Money
Laundering Act of 2020.
``(5) Protection of shared information.--
``(A) Regulations.--OFAC shall, as
appropriate, promulgate regulations that
establish procedures for the protection of
information shared and exchanged between OFAC
and the private sector in accordance with this
section, consistent with the capacity, size,
and nature of the financial institution to
which the particular procedures apply.
``(B) Use of information.--Information
received by a financial institution pursuant to
this section shall not be used for any purpose
other than identifying and reporting on
activities that may involve the financing of
terrorism, proliferation financing, narcotics
trafficking, or financing of sanctioned
countries, regimes, or persons.
``(6) Rule of construction.--Nothing in this
subsection may be construed to create new information
sharing authorities or requirements relating to the
Bank Secrecy Act.''.
(b) Scope of the Meetings of the Supervisory Team on
Countering Illicit Finance.--Section 6214(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (31 U.S.C. 5311 note) is amended by striking ``to
combat the risk relating to proliferation financing'' and
inserting ``for the purposes of countering illicit finance,
including proliferation finance and sanctions evasion''.
(c) Combating Russian Money Laundering.--Section 9714 of the
Combating Russian Money Laundering Act (Public Law 116-283) is
amended--
(1) in subsection (a)(2), by striking ``by'' and
inserting ``involving'';
(2) by redesignating subsections (b) and (c) as
subsections (f) and (g), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering concern,
or of the requirement for 1 or more special measures with
respect to a primary money laundering concern made under this
section, if the designation or imposition, or both, were based
on classified information (as defined in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.), such
information may be submitted by the Secretary to the reviewing
court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or
any requirement imposed under this section.
``(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section 5319
of title 31, United States Code, shall apply to any report or
record of report filed pursuant to a requirement imposed under
subsection (a) of this section. For purposes of section 552 of
title 5, United States Code, this subsection shall be
considered a statute described in subsection (b)(3)(B) of that
section.
``(d) Penalties.--The penalties provided for in sections 5321
and 5322 of title 31, United States Code, that apply to
violations of special measures imposed under section 5318A of
title 31, United States Code, shall apply to violations of any
order, regulation, special measure, or other requirement
imposed under subsection (a) of this section, in the same
manner and to the same extent as described in sections 5321 and
5322.
``(e) Injunctions.--The Secretary of the Treasury may bring a
civil action to enjoin a violation of any order, regulation,
special measure, or other requirement imposed under subsection
(a) of this section in the same manner and to the same extent
as described in section 5320 of title 31, United States
Code.''.
----------
254. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. ESTABLISHMENT OF AFGHAN THREAT FINANCE CELL .
(a) Establishment.--Not later than 90 days after the date of
the enactment of this Act, the President shall establish an
interagency organization to be known as the ``Afghan Threat
Finance Cell''.
(b) Mission.--The mission of the Afghan Threat Finance Cell
shall be to identify, disrupt, and eliminate illicit financial
networks in Afghanistan, particularly such networks involved in
narcotics trafficking, illicit financial transactions, official
corruption, and terrorist networks.
(c) Organization.--
(1) Membership.--The Afghan Threat Finance Cell shall
consist of representatives from elements of the United
States Government as follows:
(A) The Department of the Treasury.
(B) The Drug Enforcement Administration.
(C) The Department of State.
(D) The Department of Defense.
(E) The Federal Bureau of Investigation.
(F) The Internal Revenue Service.
(G) The Department of Homeland Security.
(H) The Defense Intelligence Agency.
(I) The Office of Foreign Assets Control of
the Department of the Treasury.
(J) The Central Intelligence Agency.
(K) Any other law enforcement agency or
element of the intelligence community that the
Secretary of the Treasury, the Administrator of
the Drug Enforcement Administration, and the
Secretary of Defense jointly determine
appropriate.
(2) Lead agencies.--The Department of the Treasury
shall serve as the lead agency of the Afghan Threat
Finance Cell. The Drug Enforcement Administration and
the Department of Defense shall serve as the co-deputy
lead agencies of the Afghan Threat Finance Cell.
(d) Coordination.--The Afghan Threat Finance Cell shall
regularly coordinate and consult with regional Financial
Intelligence Units, the international Financial Action Task
Force, and the Special Inspector General for Afghanistan
Reconstruction.
(e) Briefings.--
(1) Requirement.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter, the Afghan Threat Finance Cell shall
provide to the appropriate congressional committees a
briefing on the activities of the Afghan Threat Finance
Cell.
(2) Matters included.--Each briefing under paragraph
(1) shall include the following:
(A) An assessment of the activities
undertaken by, and the effectiveness of, the
Afghan Threat Finance Cell in identifying,
disrupting, eliminating illicit financial
networks in Afghanistan, particularly such
networks involved in narcotics trafficking,
illicit financial transactions, official
corruption, and terrorist networks.
(B) Any recommendations to Congress regarding
legislative or regulatory improvements
necessary to support the identification,
disruption, and elimination of illicit
financial networks in Afghanistan.
(3) Form.--A briefing under paragraph (1) may be
provided in a classified form.
(4) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) The Committee on Financial Services, the
Committee on Reform, the Committee on the
Judiciary, and the Committee on Armed Services
of the House of Representatives.
(B) The Committee on Banking, Housing, and
Urban Affairs, the Committee on Homeland
Security and Governmental Affairs, the
Committee on the Judiciary, and the Committee
on Armed Services of the Senate.
(f) Termination.--
(1) In general.--Except as provided by paragraph (2),
the Afghan Threat Finance Cell shall terminate on the
date that is three years after the date of the
enactment of this Act.
(2) Extension.--The President may extend the date
under paragraph (1) by an additional two years.
----------
255. An Amendment To Be Offered by Representative Mace of South
Carolina or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. SENSE OF CONGRESS ON DESIGNATION OF MILITARY HEART HEALTH
AWARENESS DAY.
It is the sense of Congress that there should be designated a
``Military Heart Health Awareness Day''.
----------
256. An Amendment To Be Offered by Representative Mace of South
Carolina or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. PILOT PROGRAM TO IMPROVE MILITARY READINESS THROUGH NUTRITION
AND WELLNESS INITIATIVES.
(a) Pilot Program.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall carry
out a pilot program to improve military readiness through
nutrition and wellness initiatives.
(b) Unit Selection.--The Secretary of Defense shall select
for participation in the pilot program under subsection (a) a
unit at a basic training facility or an early instructional
facility of a military department.
(c) Elements.--The pilot program under subsection (a) shall
include the following activities:
(1) The development, and administration to the unit
selected pursuant to subsection (b), of an educational
curriculum relating to nutrition, physical fitness, the
proper use of supplements, and any other human
performance elements determined relevant by the
Secretary of the military department with jurisdiction
over the unit.
(2) The provision to the unit of health-related
testing.
(3) The provision to the unit of dietary supplements.
(d) Implementing Partner.--
(1) Selection.--The Secretary of Defense shall select
as an implementing partner a single contractor to both
carry out all of the activities under subsection (c)
and manufacture the dietary supplements to be provided
pursuant to subsection (c)(3) at a manufacturing
facility owned by the contractor. In making such
selection, the Secretary shall ensure that the
contractor enforces an appropriate level of third-party
review with respect to the quality and safety of
products manufactured, as determined by the Secretary.
(2) Considerations.-- In selecting the contractor
under paragraph (1), the Secretary shall consider the
following:
(A) Whether the contractor has the ability to
carry out each activity under subsection (c),
in addition to the ability to manufacture the
dietary supplements to be provided pursuant to
subsection (c)(3).
(B) Whether the manufacturing facility of the
contractor is a fully independent, third-party
certified, manufacturing facility that holds
the highest ``Good Manufacturing Practice''
certification or rating possible, as issued by
a regulatory agency of the Federal government.
(C) Whether the manufacturing facility of the
contractor, and all finished products
manufactured therein, have been verified by a
third-party as free from banned substances and
contaminants.
(D) Whether the contractor is in compliance
with the adverse event reporting policy and
third-party adverse event monitoring policy of
the Food and Drug Administration.
(E) Whether the contractor implements a
stability testing program that supports product
expiration dating.
(F) Whether the contractor has a credible and
robust environment, social, and governance
policy that articulates responsibilities and
annual goals.
(G) Whether the contractor has demonstrated
at least five years of operation as a business
in good standing in the industry.
(H) Whether the contractor has a demonstrated
history of maintaining relationships with
nationally-recognized medical and health
organizations.
(e) Coordination.--In carrying out the pilot program under
subsection (a), the contractor selected under subsection (d)
shall coordinate with the following:
(1) Command, training, and medical officers and
noncommissioned officers.
(2) Outside experts (including experts with relevant
experience from research and testing organizations,
credible medical committees, or hospitals) that may
lend personalized support, capture data, and facilitate
third-party adverse event reporting.
(f) Duration.--The pilot program under subsection (a) shall
be for a period of six months.
(g) Report.--Upon the termination of the pilot program under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the
pilot program, including any findings or data from the pilot
program, and a recommendation by the Secretary of Defense for
improvements to the readiness of the Armed Forces based on such
findings and data.
----------
257. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
Insert after title LIII of division E the following new
title:
TITLE LIV--SAUDI ARABIA ACCOUNTABILITY FOR GROSS VIOLATIONS OF HUMAN
RIGHTS ACT
SEC. 5401. SHORT TITLE.
This title may be cited as the ``Saudi Arabia Accountability
for Gross Violations of Human Rights Act''.
SEC. 5402. FINDINGS.
Congress finds the following:
(1) On October 2, 2018, Washington Post journalist
Jamal Khashoggi was murdered by Saudi Government agents
in Istanbul.
(2) According to the United Nations Special
Rapporteur's June 2019 report, Mr. Khashoggi contacted
the Saudi Embassy in Washington regarding required
documentation he needed to obtain from Saudi
authorities and ``was told to obtain the document from
the Saudi embassy in Turkey''.
(3) According to press reports, Mr. Khashoggi's
associates were surveilled after having their phones
infiltrated by spyware.
(4) On July 15, 2019, the House of Representatives
passed by a margin of 405-7 the Saudi Arabia Human
Rights and Accountability Act of 2019 (H.R. 2037),
which required--
(A) an unclassified report by the Director of
National Intelligence on parties responsible
for Khashoggi's murder, a requirement
ultimately inserted into and passed as part of
the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92);
(B) visa sanctions on all persons identified
in such report; and
(C) a report on human rights in Saudi Arabia.
(5) On February 26, 2021, the Director of National
Intelligence released the report produced pursuant to
congressional direction, which stated, ``we assess that
Saudi Arabia's Crown Prince Muhammad bin Salman
approved an operation in Istanbul, Turkey to capture or
kill Saudi journalist Jamal Khashoggi.''. The report
also identified several individuals who ``participated
in, ordered, or were otherwise complicit in or
responsible for the death of Jamal Khashoggi on behalf
of Muhammad bin Salman. We do not know whether these
individuals knew in advance that the operation would
result in Khashoggi's death.''.
(6) Section 7031(c) of division K of the Consolidated
Appropriations Act, 2021 states ``Officials of foreign
governments and their immediate family members about
whom the Secretary of State has credible information
have been involved, directly or indirectly, in. . .a
gross violation of human rights. . . shall be
ineligible for entry into the United States.''.
(7) Section 6 of the Arms Export Control Act (22
U.S.C. 2756) provides that no letters of offer may be
issued, no credits or guarantees may be extended, and
no export licenses may be issued with respect to any
country determined by the President to be engaged in a
``consistent pattern of acts of intimidation or
harassment directed against individuals in the United
States''.
(8) Section 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2304) directs the President to
formulate and conduct international security assistance
programs of the United States in a manner which will
``promote and advance human rights and avoid
identification of the United States, through such
programs, with governments which deny to their people
internationally recognized human rights and fundamental
freedoms, in violation of international law or in
contravention of the policy of the United States''.
(9) Secretary of State Antony Blinken on February 26,
2021, stated: ``As a matter of safety for all within
our borders, perpetrators targeting perceived
dissidents on behalf of any foreign government should
not be permitted to reach American soil. . . We have
made absolutely clear that extraterritorial threats and
assaults by Saudi Arabia against activists, dissidents,
and journalists must end.''.
SEC. 5403. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LISTED IN THE
REPORT OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON
THE MURDER OF JAMAL KHASHOGGI.
(a) Imposition of Sanctions.--On and after the date that is
60 days after the date of the enactment of this Act, the
sanctions described in subsection (b) shall be imposed with
respect to each foreign person listed in the Office of the
Director of National Intelligence report titled ``Assessing the
Saudi Government's Role in the Killing of Jamal Khashoggi'',
dated February 11, 2021.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this
subsection are the following:
(A) Ineligibility for visas and admission to
the united states.--
(i) Inadmissibility to the United
States.
(ii) Ineligibility to receive a visa
or other documentation to enter the
United States.
(iii) Ineligibility to otherwise be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 110et seq.).
(B) Current visas revoked.--
(i) Revocation of any visa or other
entry documentation regardless of when
the visa or other entry documentation
is or was issued.
(ii) A revocation under clause (i)
shall--
(I) take effect immediately;
and
(II) automatically cancel any
other valid visa or entry
documentation that is in the
foreign person's possession.
(2) Exception to comply with international
obligations.--Sanctions under paragraph (1) shall not
apply with respect to a foreign person if admitting or
paroling the person into the United States is necessary
to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) Waiver in the interest of national security.--The
President may waive for an individual entry into the
United States the application of this section with
respect to a foreign person who is A-1 visa eligible
and who is present in or seeking admission into the
United States for purposes of official business if the
President determines and transmits to the appropriate
congressional committees an unclassified written notice
and justification not later than 15 days before the
granting of such waiver, that such a waiver is in the
national security interests of the United States.
(c) Suspension of Sanctions.--
(1) In general.--The President may suspend in whole
or in part the imposition of sanctions otherwise
required under this section if the President certifies
to the appropriate congressional committees that the
following criteria have been met in Saudi Arabia:
(A) The Government of Saudi Arabia is not
arbitrarily detaining citizens or legal
residents of the United States for arbitrary
political reasons, including criticism of Saudi
government policies, peaceful advocacy of
political beliefs, or the pursuit of United
States citizenship.
(B) The Government of Saudi Arabia is
cooperating in outstanding criminal proceedings
in the United States in which a Saudi citizen
or national departed from the United States
while the citizen or national was awaiting
trial or sentencing for a criminal offense
committed in the United States.
(C) The Government of Saudi Arabia has made
significant numerical reductions in individuals
detained for peaceful political reasons,
including activists, journalists, bloggers,
lawyers, or critics.
(D) The Government of Saudi Arabia has
disbanded any units of its intelligence or
security apparatus dedicated to the forced
repatriation of dissidents or critical voices
in other countries.
(E) The Government of Saudi Arabia has made
meaningful public commitments to uphold
internationally recognized standards governing
the use, sale, and transfer of digital
surveillance items and services that can be
used to abuse human rights.
(F) The Government of Saudi Arabia has
instituted meaningful legal reforms to protect
the rights of women, the rights of freedom of
expression and religion, and due process in its
judicial system.
(2) Report.--Accompanying the certification described
in paragraph (1), the President shall submit to the
appropriate congressional committees a report that
contains a detailed description of Saudi Arabia's
adherence to the criteria described in the
certification.
(d) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and
``alien'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on the Judiciary, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate.
(3) Foreign person.--The term ``foreign person'' has
the meaning given such term in section 595.304 of title
31, Code of Federal Regulations (as in effect on the
day before the date of the enactment of this Act),
except that such term does not include an entity (as
such term is described in such section).
(4) Foreign person who is a-1 visa eligible.--The
term ``foreign person who is A-1 visa eligible'' means
an alien described in section 101(a)(15)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(A)(i)).
(5) 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. 5404. REPORT ON INTIMIDATION OR HARASSMENT DIRECTED AGAINST
INDIVIDUALS IN THE UNITED STATES AND OTHER MATTERS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Director of
National Intelligence and the Director of the Federal Bureau of
Investigation, shall submit to the appropriate congressional
committees a report identifying any entities,
instrumentalities, or agents of the Government of Saudi Arabia
engaged in ``a consistent pattern of acts of intimidation or
harassment directed against individuals in the United States''
pursuant to section 6 of the Arms Export Control Act (22 U.S.C.
2756).
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A detailed description of such acts in the
preceding period.
(2) A certification of whether such acts during the
preceding period constitute a ``consistent pattern of
acts of intimidation or harassment directed against
individuals in the United States'' pursuant to section
6 of the Arms Export Control Act (22 U.S.C. 2756).
(3) A determination of whether any United States-
origin defense articles were used in the commission of
such acts.
(4) A determination of whether entities,
instrumentalities, or agents of the Government of Saudi
Arabia supported or received support from foreign
governments, including China, in the commission of such
acts.
(5) Any actions taken by the United States Government
to deter incidents of intimidation or harassment
directed against individuals in the United States.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Sunset.--This section shall terminate on the date that is
5 years after the date of the enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, and the Select Committee on
Intelligence of the Senate.
SEC. 5405. REPORT ON EFFORTS TO UPHOLD HUMAN RIGHTS IN UNITED STATES
SECURITY ASSISTANCE PROGRAMS WITH THE GOVERNMENT OF
SAUDI ARABIA.
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 Affairs of the House of Representative and the
Committee on Foreign Relations of the Senate a report on
efforts of the Department of State to ensure that United States
security assistance programs with Saudi Arabia are formulated
in a manner that will ``avoid identification of the United
States, through such programs, with governments which deny to
their people internationally recognized human rights and
fundamental freedoms'' in accordance with section 502B of the
Foreign Assistance Act (22 U.S.C. 2304).
SEC. 5406. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN PERSONS ON
THE MURDER OF JAMAL KHASHOGGI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report on
private, commercial, and nongovernmental entities, including
non-profit foundations, controlled in whole or in part by any
foreign person named in the Office of the Director of National
Intelligence report titled ``Assessing the Saudi Government's
Role in the Killing of Jamal Khashoggi'', dated February 11,
2021.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of such entities.
(2) A detailed assessment, based in part on credible
open sources and other publicly-available information,
of the roles, if any, such entities played in the
murder of Jamal Khashoggi or any other gross violations
of internationally recognized human rights.
(3) A certification of whether any such entity is
subject to sanctions pursuant to the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 2656 note).
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
----------
258. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. MODIFICATION OF AUTHORITY OF THE PRESIDENT UNDER THE EXPORT
CONTROL REFORM ACT OF 2018.
Section 1753(a)(2)(F) of the Export Control Reform Act of
2018 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``,
security, or'' before ``intelligence''.
----------
259. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, insert the following:
SEC. 13__. REPORT ON INCIDENTS OF ARBITRARY DETENTION, VIOLENCE, AND
STATE-SANCTIONED HARASSMENT BY THE GOVERNMENT OF
EGYPT AGAINST AMERICANS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report on incidents 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.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A detailed description of such incidents in the
past three years.
(2) A determination of whether such incidents
constitute a pattern of acts of intimidation or
harassment; and
(3) Actions taken to meaningfully deter incidents of
intimidation or harassment against Americans,
individuals in the United States, and their families by
such government's security agencies.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but the portions of the report
described in paragraphs (2) and (3) may contain a classified
annex, so long as such annex is provided separately from the
unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
----------
260. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. REPORT AND DETERMINATION ON EXTRAJUDICIAL KILLINGS AND
TORTURE BY EGYPTIAN GOVERNMENT SECURITY FORCES.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report on incidents of state-
sanctioned extrajudicial killings and torture by the security
forces of the Government of Egypt.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) A detailed description of incidents of state-
sanctioned extrajudicial killings and torture by the
security forces of the Government of Egypt in the seven
years immediately preceding the submission of such
report.
(2) A determination of whether such incidents
constitute a consistent pattern of gross violations of
internationally recognized human rights.
(3) An identification of the unit names of any
Egyptian security forces added to the Department of
State-administered list of units to which security
assistance may not be furnished pursuant to any reports
containing credible information on extrajudicial
killings and torture, which reports were received in
the seven years immediately preceding the submission of
the report required under subsection (a).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but the portions of the report
described in paragraphs (2) and (3) may contain a classified
annex if such annex is provided separately from such
unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the congressional defense committees and--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
----------
261. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. DETERMINATION OF POTENTIAL GENOCIDE OR CRIMES AGAINST HUMANITY
IN ETHIOPIA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, after
consultation with the heads of other Federal departments and
agencies represented on the Atrocity Early Warning Task Force
and with representatives of human rights organizations, shall
submit to the appropriate congressional committees a
determination whether actions in the Tigray region of Ethiopia
by the Ethiopian and Eritrean armed forces constitute genocide
as defined in section 1091 of title 18, United States Code, or
crimes against humanity.
(b) Form.--The determination required under subsection (a)
shall be submitted in unclassified form and published on a
publicly available website of the Department of State, but may
include a classified annex if such annex is provided separately
from the unclassified determination.
(c) Appropriate Congressional Committees.--For purposes of
this section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations
of the Senate.
----------
262. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LX of division E the following:
SEC. ___. ATTORNEY GENERAL REPORT ON WAR CRIMES AND TORTURE BY UNITED
STATES CITIZENS IN LIBYA.
(a) Report.--Not later than 180 days after receiving a
credible allegation of the commission of a covered offense,
including from a nongovernmental organization that monitors
violations of human rights, the Secretary of State, in
consultation with the Attorney General, shall submit to the
appropriate congressional committees a report on such
allegations, including a determination as to whether the
Attorney General will review or consider reviewing such
allegation for potential criminal investigation, and a
description of any challenges to prosecution.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means the Committees on the Judiciary of the House of
Representatives and of the Senate, the Committees on
Armed Services of the House of Representatives and of
the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate.
(2) The term ``covered offense'' means an offense
under section 2441, 2442, or 2340A of title 18, United
States Code, committed in Libya by or at the order of a
United States citizen.
----------
263. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. REVIEW OF IMPLEMENTATION OF UNITED STATES SANCTIONS WITH
RESPECT TO VIOLATORS OF THE ARMS EMBARGO ON LIBYA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees an unclassified report
that describes whether the President has determined the persons
described in subsection (b) meet the criteria for the
imposition of sanctions under section 1(a) of Executive Order
13726 (81 Fed. Reg. 23559; relating to blocking property and
suspending entry into the United States of persons contributing
to the situation in Libya).
(b) Persons.--For purposes of the determination required
under subsection (a), the President shall consider all private
companies listed for facilitating violations of the United
Nations arms embargo on Libya in the report of the United
Nations Panel of Experts entitled ``Letter dated 8 March 2021
from the Panel of Experts on Libya established pursuant to
resolution 1973 (2011) addressed to the President of the
Security Council'', including the following:
(1) Maritime vessels, including MV Pray, MV Bana, MV
Cirkin, MV Gulf Petroleum 4, MV Single Eagle, and MV
Sunrise Ace.
(2) Corporate facilitators of arms embargo
violations, including Lancaster 6 DMCC, L-6 FZE, and
Opus Capital Asset Limited FZE.
(3) Aircraft operators, including Sovereign
Charterers Limited, Zet Avia LLC, Sky Avia Trans LLC,
Panzer Logistics Limited, Deek Aviation FZE, Jenis Air
LLC, and Space Cargo Incorporated.
(4) Mercenary recruiters and facilitators, including
Black Shield Security Services.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
----------
264. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
Page 1390, after line 19, add the following new section (and
update the table of contents accordingly):
SEC. 6013. PROHIBITION OF FEDERAL FUNDING FOR INDUCED OR REQUIRED
UNDERMINING OF SECURITY OF CONSUMER COMMUNICATIONS
GOODS.
(a) Prohibition.--None of the funds made available in this or
any other Act may be used by any Federal agency to require,
support, pay, or otherwise induce any private sector provider
of consumer software and hardware to--
(1) intentionally add any security vulnerability or
weaken or omit any safeguard in the standards, items,
or services of the provider;
(2) remove or omit any information security function,
mechanism, service, or solution from the items or
services of the provider; or
(3) take any action that--
(A) undermines, circumvents, defeats,
bypasses, or otherwise counteracts the end-to-
end encryption of the item or service of the
provider;
(B) prevents an item or service from adopting
end-to-end encryption; or
(C) otherwise makes an unencrypted version of
the end-to-end encrypted content of any
communication, file, or data of the item or
service of the provider available to any person
or entity other than the intended recipients.
(b) Federal Agency Defined.--In this section, the term
``Federal agency'' means any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of
the Government (including the Executive Office of the
President), or any independent regulatory agency.
----------
265. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XVI, add the following new
section:
SEC. 16__. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORTS ON
VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (Public Law 116-92; 50 U.S.C. 3316a) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A),
by striking ``classified'';
(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:
``(E) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to
the Vulnerabilities Equities Process;
``(F) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to
the Vulnerabilities Equities Process known to
have been patched;
``(G) the number of times the Vulnerabilities
Equities Process resulted in a decision to
disclose a vulnerability;
``(H) the number of times the Vulnerabilities
Equities Process resulted in a decision not to
disclose a vulnerability;
``(I) the number of times a decision
described in subparagraph (G) was the result of
a unanimous agreement of the participants in
the Vulnerabilities Equities Process;
``(J) the number of times a decision
described in subparagraph (H) was the result of
a unanimous agreement of the participants in
the Vulnerabilities Equities Process;
``(K) the number of appeals made through the
Vulnerabilities Equities Process by
participants in such process of a preliminary
determination to disclose a vulnerability;
``(L) the number of appeals made through the
Vulnerabilities Equities Process by
participants in such process of a preliminary
determination not to disclose a vulnerability;
``(M) the number of times a preliminary
determination was reversed pursuant to an
appeal described in subparagraph (K); and
``(N) the number of times a preliminary
determination was reversed pursuant to an
appeal described in subparagraph (L).''; and
(2) by amending paragraph (2) to read as follows:
``(2) Form and publication.--
``(A) Form.--Each report submitted under
paragraph (1) shall be submitted in
unclassified form, but may include a classified
annex.
``(B) Publication.--The Director shall make
available to the public the unclassified
portion of each report submitted under
paragraph (1).''.
----------
266. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. ANNUAL REPORT ON SURVEILLANCE SALES TO REPRESSIVE GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until 2040,
the Secretary of State, in coordination with the Director of
National Intelligence, shall submit to the Committee on Foreign
Affairs and Permanent Select Committee on Intelligence of the
House of Representatives and the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate a report
with respect to foreign persons that the Secretary determines--
(1) have operated, sold, leased, or otherwise
provided, directly or indirectly, items or services
related to targeted digital surveillance to--
(A) a foreign government or entity located
primarily inside a foreign country where a
reasonable person would assess that such
transfer could result in a use of the items or
services in a manner contrary to human rights;
or
(B) a country including any governmental unit
thereof, entity, or other person determined by
the Secretary of State in a notice published in
the Federal Register to have used items or
services for targeted digital surveillance in a
manner contrary to human rights; or
(2) have materially assisted, sponsored, or provided
financial, material, or technological support for, or
items or services to or in support of, the activities
described in paragraph (1).
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) The name of each foreign person that the
Secretary determines meets the requirements of
subsection (a)(1) or (a)(2).
(2) The name of each intended and actual recipient of
items or services described in subsection (a).
(3) A detailed description of such items or services.
(4) An analysis of the appropriateness of including
the persons listed in (b)(1) on the entity list
maintained by the Bureau of Industry and Security.
(c) Consultation.--In compiling data and making assessments
for the purposes of preparing the report required by subsection
(a), the Secretary of State shall consult with a wide range of
organizations, including with respect to--
(1) classified and unclassified information provided
by the Director of National Intelligence;
(2) information provided by the Bureau of Democracy,
Human Rights, and Labor's Internet Freedom, Business
and Human Rights section;
(3) information provided by the Department of
Commerce, including the Bureau of Industry and
Security;
(4) information provided by the advisory committees
established by the Secretary to advise the Under
Secretary of Commerce for Industry and Security on
controls under the Export Administration Regulations,
including the Emerging Technology and Research Advisory
Committee; and
(5) information on human rights and technology
matters, as solicited from civil society and human
rights organizations through regular consultative
processes; and
(6) information contained in the Country Reports on
Human Rights Practices published annually by the
Department of State.
(d) Form and Public Availability of Report.--The report
required by subsection (a) shall be submitted in unclassified
form. The report shall be posted by the President not later
than 14 days after being submitted to Congress on a text-based,
searchable, and publicly available internet website.
(e) Definitions.--In this section:
(1) Targeted digital surveillance.--The term
``targeted digital surveillance'' means the use of
items or services that enable an individual or entity
to detect, monitor, intercept, collect, exploit,
preserve, protect, transmit, retain, or otherwise gain
access to the communications, protected information,
work product, browsing data, research, identifying
information, location history, or online and offline
activities of other individuals, organizations, or
entities, with or without the explicit authorization of
such individuals, organizations, or entities.
(2) Foreign person.--The term ``foreign person''
means an individual or entity that is not a United
States person.
(3) In a manner contrary to human rights.--The term
``in a manner contrary to human rights'', with respect
to targeted digital surveillance, means engaging in
targeted digital surveillance--
(A) in violation of basic human rights,
including to silence dissent, sanction
criticism, punish independent reporting (and
sources for that reporting), manipulate or
interfere with democratic or electoral
processes, persecute minorities or vulnerable
groups, or target advocates or practitioners of
human rights and democratic rights (including
activists, journalists, artists, minority
communities, or opposition politicians); or
(B) in a country in which there is lacking a
minimum legal framework governing its use,
including established--
(i) authorization under laws that are
accessible, precise, and available to
the public;
(ii) constraints limiting its use
under principles of necessity,
proportionality, and legitimacy;
(iii) oversight by bodies independent
of the government's executive agencies;
(iv) involvement of an independent
and impartial judiciary branch in
authorizing its use; or
(v) legal remedies in case of abuse.
----------
267. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. REVIEW OF SANCTIONS WITH RESPECT TO RUSSIAN KLEPTOCRATS AND
HUMAN RIGHTS ABUSERS.
(a) Determination With Respect to Imposition of Sanctions.--
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the appropriate
congressional committees a determination, including a detailed
justification, of whether any person listed in subsection (b)
meets the criteria for the imposition of sanctions pursuant to
section 1263(b) of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656).
(b) Persons Listed.--The persons listed in this subsection,
which include Russian persons and current and former Russian
government officials, are the following:
(1) Roman Abramovich, businessman.
(2) Denis Bortnikov, Deputy President and Chairman of
the Management Board of VTB Bank.
(3) Andrey Kostin, President and Chairman of the
Management Board of VTB Bank.
(4) Dmitry Patrushev, Minister of Agriculture.
(5) Igor Shuvalov, Chairman of the State Development
Corporation VEB.
(6) Alisher Usmanov, businessman.
(7) Oleg Deripaska, businessman.
(8) Alexei Miller, Chairman of the Management
Committee of Gazprom.
(9) Igor Sechin, Chairman of the Management Board of
Rosneft.
(10) Gennady Timchenko, businessman.
(11) Nikolai Tokarev, Chairman of Transneft.
(12) Andrey Vorobyev, Governor of the Moscow Region
XIII.
(13) Mikhail Murashko, Minister of Health.
(14) Vladimir Solovyev, media personality.
(15) Alexander Bastrykin, Head of the Investigative
Committee.
(16) Alexander Bortnikov, Director of the Federal
Security Service (FSB).
(17) Konstantin Ernst, Chief Executive Officer of
Channel One TV station.
(18) Victor Gavrilov, Head of the Department of
Transport of the Economic Security Service.
(19) Dmitry Ivanov, Head of Chelyabinsk FSB.
(20) Alexander Kalashnikov, Director of the Federal
Penitentiary Service (FSIN).
(21) Sergei Kirienko, First Deputy Head of the
Presidential Administration.
(22) Elena Morozova, Judge of Khimki District Court.
(23) Denis Popov, Chief Prosecutor of Moscow.
(24) Margarita Simonyan, Editor-in-Chief of RT.
(25) Igor Yanchuk, Head of the Khimki Police
Department.
(26) Victor Zolotov, Director of the National Guard.
(27) Alexander Beglov, Governor of St. Petersburg.
(28) Yuri Chaika, former Prosecutor General.
(29) Andrei Kartapolov, Deputy Defense Minister.
(30) Pavel Krasheninnikov, Parliamentarian and former
Justice Minister.
(31) Mikhail Mishustin, Prime Minister of Russia.
(32) Ella Pamfilova, Head of Central Electoral
Commission.
(33) Dmitry Peskov, Presidential Press Secretary.
(34) Sergei Sobyanin, Mayor of Moscow.
(35) Anton Vaino, Head of the Presidential
Administration.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
----------
268. An Amendment To Be Offered by Representative Malliotakis of New
York or Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XII, insert
the following:
SEC. 12__. REPORT ON IRANIAN OPERATIONS ON UNITED STATES SOIL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report, including a
strategy described in subsection (b)(4), that contains a
description of malign operations by Iran conducted on United
States soil.
(b) Elements.--The report required by subsection (a) shall
also include the following elements:
(1) A public list of all Iran-backed terrorist
attacks, kidnapping, export violations, sanctions
busting activities, cyber-attacks, and money laundering
operations on United States soil since 1979, including
attempts at such activities that resulted in the filing
of criminal charges.
(2) The actions of the United States in response to
each activity or attempted activity listed pursuant to
paragraph (1).
(3) A description of what persons, entities, and
governments have aided Iran in such malign activities
on United States soil, including terrorist
organizations.
(4) A strategy to prevent Iran from kidnapping
American citizens and to deter Iran from conducting or
planning operations such as the foiled plot to kidnap
Masih Alinejad.
(c) Form.--The report and strategy required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex. It shall also be publicly available on a
website operated by the Federal Government.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of
the House of Representatives.
----------
269. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 780, after line 1, insert the following:
(5) The Bab el-Mandeb Strait.
Page 780, line 2, strike ``(5)'' and insert ``(6)''.
----------
270. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 1014, line 19, strike ``that'' and insert ``that--''.
Page 1014, strike lines 20 through page 1015, line 2, and
insert the following:
(1) is intended to cause the death of, or serious
bodily injury to, any member of the United States Armed
Forces, whether through direct means or indirect means,
including through a promise or agreement by the foreign
government to pay anything of pecuniary value to an
individual or organization in exchange for causing such
death or injury; or
(2) with respect to such a foreign government that
the Secretary of State has determined, for purposes of
section 1754(c) of the Export Controls Act of 2018 (50
U.S.C. 4813), is a government that has repeatedly
provided support for acts of international terrorism,
is intended to cause the abduction, death of, or
serious bodily injury to, any citizen or resident of
the United States located in the United States, whether
through direct or such indirect means.
Page 1015, line 16, insert before the period the following:
``or citizens or residents of the United States described in
paragraph (2) of such subsection''.
Page 1016, line 2, insert before the period the following:
``or citizen or resident of the United States described in
paragraph (2) of such subsection, or the abduction of such a
citizen or resident''.
----------
271. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, insert the
following:
SEC. 12__. SENSE OF CONGRESS ON WOMEN AND GIRLS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the international community should condemn acts
of violence against Afghan women and girls; and
(2) Afghan women deserve the right to vote, work,
obtain an education, or otherwise participate in the
civic affairs of Afghanistan.
----------
272. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
In section 2843, relating to consideration of anticipated
increased share of electric vehicles in Department of Defense
vehicle fleet and owned by members of the Armed Forces and
Department employees, add at the end of subsection (b) the
following new paragraph:
(3) Electric vehicle education-related uses.--In
addition to the determinations required by subsections
(c) through (f), the Secretary of a military department
shall consider the potential benefits in terms of cost
and emissions savings of increasing the use of electric
vehicles to transport dependents of members of the
Armed Forces and Department of Defense employees to
facilities of the Defense Department education activity
and the resulting need for additional charging
stations.
----------
273. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 898, insert after line 12 the following:
(c) Oversight of Evacuation.--Not later than 60 days after
the date of enactment, the Secretary of Defense shall, in
consultation with the Secretary of State, appoint an official
to assist with the State Department on the continued evacuation
of American nationals, special immigrant visa petitioners, and
other Afghans at risk. The appointment shall terminate on the
last day of the fiscal year that begins after the date of such
appointment, except that the Secretary of Defense, in
consultation with the Secretary of State may extend such
appointment for an additional period of 1 fiscal year.
----------
274. An Amendment To Be Offered by Representative McCarthy of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. BIENNIAL ASSESSMENTS OF THE AIR FORCE RESEARCH LABORATORY,
AEROSPACE SYSTEMS DIRECTORATE, ROCKET PROPULSION
DIVISION.
(a) Assessments Required.--Not later than 30 days after the
date on which the President's budget is submitted to Congress
under section 1105(a) of title 31, United States Code, for each
of fiscal years 2023 and 2025, the Secretary of the Air Force
shall submit to the congressional defense committees an
assessment of the Air Force Research Laboratory, Aerospace
Systems Directorate, Rocket Propulsion Division.
(b) Elements.--Each assessment under subsection (a) shall
include, for the period covered by the assessment, a
description of--
(1) any challenges of the Air Force Research
Laboratory, Aerospace Systems Directorate, Rocket
Propulsion Division with respect to completing its
mission, including with respect to test activities and
infrastructure; and
(2) the plan of the Secretary to address such
challenges.
----------
275. An Amendment To Be Offered by Representative McCaul of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Trans-Sahara Counterterrorism Partnership Program.--
(1) Establishment.--The Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the United States Agency for
International Development, shall establish a
partnership program, to be known as the ``Trans-Sahara
Counterterrorism Partnership (TSCTP) Program'' to
coordinate all programs, projects, and activities of
the United States Government in countries in North and
West Africa that are conducted for any of the following
purposes:
(A) To improve governance and the capacities
of countries in North and West Africa to
deliver basic services, particularly with at-
risk communities, as a means of countering
terrorism and violent extremism by enhancing
state legitimacy and authority and countering
corruption.
(B) To address the factors that make people
and communities vulnerable to recruitment by
terrorist and violent extremist organizations,
including economic vulnerability and mistrust
of government and government security forces,
through activities such as--
(i) supporting strategies that
increase youth employment
opportunities;
(ii) promoting girls' education and
women's political participation;
(iii) strengthening local governance
and civil society capacity;
(iv) improving government
transparency and accountability;
(v) fighting corruption;
(vi) improving access to economic
opportunities; and
(vii) other development activities
necessary to support community
resilience.
(C) To strengthen the rule of law in such
countries, including by enhancing the
capability of the judicial institutions to
independently, transparently, and credibly
deter, investigate, and prosecute acts of
terrorism and violent extremism.
(D) To improve the ability of military and
law enforcement entities in partner countries
to detect, disrupt, respond to, and prosecute
violent extremist and terrorist activity while
respecting human rights, and to cooperate with
the United States and other partner countries
on counterterrorism and counter-extremism
efforts.
(E) To enhance the border security capacity
of partner countries, including the ability to
monitor, detain, and interdict terrorists.
(F) To identify, monitor, disrupt, and
counter the human capital and financing
pipelines of terrorism.
(G) To support the free expression and
operations of independent, local-language
media, particularly in rural areas, while
countering the media operations and recruitment
propaganda of terrorist and violent extremist
organizations.
(2) Assistance framework.--Activities carried out
under the TSCTP Program shall--
(A) be carried out in countries where the
Secretary of State, in consultation with the
Secretary of Defense and the Administrator of
the United States Agency for International
Development, determines that there is an
adequate level of partner country commitment,
and has considered partner country needs,
absorptive capacity, sustainment capacity, and
efforts of other donors in the sector;
(B) have clearly defined outcomes;
(C) be closely coordinated among United
States diplomatic and development missions,
United States Africa Command, and relevant
participating departments and agencies;
(D) have specific plans with robust
indicators to regularly monitor and evaluate
outcomes and impact;
(E) complement and enhance efforts to promote
democratic governance, the rule of law, human
rights, and economic growth;
(F) in the case of train and equip programs,
complement longer-term security sector
institution-building; and
(G) have mechanisms in place to track
resources and routinely monitor and evaluate
the efficacy of relevant programs.
(3) Consultation.--In coordinating activities through
the TSCTP Program, the Secretary of State shall also
establish a coordination mechanism that ensures
periodic consultation with, as appropriate, the
Director of National Intelligence, the Secretary of the
Treasury, the Attorney General, the Chief Executive
Officer of the United States Agency for Global Media
(formerly known as the Broadcasting Board of
Governors), and the heads of other relevant Federal
departments and agencies, as determined by the
President.
(4) Congressional notification.--Not later than 15
days before obligating amounts for an activity of the
TSCTP Program pursuant to paragraph (1), the Secretary
of State shall submit a notification to the appropriate
congressional committees, in accordance with the
requirements of section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1), that includes the
following:
(A) The foreign country and entity, as
applicable, whose capabilities are to be
enhanced in accordance with the purposes
specified in paragraph (1).
(B) The amount, type, and purpose of support
to be provided.
(C) An assessment of the capacity of the
foreign country to effectively implement,
benefit from, or utilize the assistance to be
provided for the intended purpose.
(D) The anticipated implementation timeline
for the activity.
(E) As applicable, a description of the plans
to sustain any military or security equipment
provided beyond the completion date of such
activity, and the estimated cost and source of
funds to support such sustainment.
(b) International Coordination.--Efforts carried out under
this section shall take into account partner country
counterterrorism, counter-extremism, and development strategies
and, to the extent practicable, shall be aligned with such
strategies. Such efforts shall be coordinated with
counterterrorism and counter-extremism activities and programs
in the areas of defense, diplomacy, and development carried out
by other like-minded donors and international organizations in
the relevant country.
(c) Strategies.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development and other relevant Federal Government agencies,
shall submit to the appropriate congressional committees the
following strategies:
(1) A comprehensive five-year strategy for the sahel-
maghreb.--A comprehensive five-year strategy for the
Sahel-Maghreb, including details related to whole-of-
government efforts in the areas of defense, diplomacy,
and development to advance the national security,
economic, and humanitarian interests of the United
States, including--
(A) efforts to ensure coordination with
multilateral and bilateral partners, such as
the Joint Force of the Group of Five of the
Sahel, and with other relevant assistance
frameworks;
(B) a public diplomacy strategy and actions
to ensure that populations in the Sahel-Maghreb
are aware of the development activities of the
United States Government, especially in
countries with a significant Department of
Defense presence or engagement through train
and equip programs;
(C) activities aimed at supporting democratic
institutions and countering violent extremism
with measurable goals and transparent
benchmarks;
(D) plans to help each partner country
address humanitarian and development needs and
to help prevent, respond to, and mitigate
intercommunal violence;
(E) a comprehensive plan to support security
sector reform in each partner country that
includes a detailed section on programs and
activities being undertaken by relevant
stakeholders and other international actors
operating in the sector and that incorporates
as appropriate any lessons learned from
previous initiatives to improve security sector
governance; and
(F) a specific strategy for Mali that
includes plans for sustained, high-level
diplomatic engagement with stakeholders,
including countries in Europe and the Middle
East with interests in the Sahel-Maghreb,
regional governments, relevant multilateral
organizations, signatory groups of the 2015
Agreement for Peace and Reconciliation in Mali,
and civil society actors.
(2) A comprehensive five-year strategy for tsctp
program counterterrorism efforts.--A comprehensive
five-year strategy for the TSCTP Program that
includes--
(A) a clear statement of the objectives of
United States counterterrorism efforts in North
and West Africa with respect to the use of all
forms of United States assistance to combat
terrorism and counter violent extremism,
including efforts to build military and
civilian law enforcement capacity, strengthen
the rule of law, promote responsive and
accountable governance, and address the root
causes of terrorism and violent extremism;
(B) a plan for coordinating programs through
the TSCTP Program pursuant to subsection
(a)(1), including an identification of which
agency or bureau of the Department of State, as
applicable, will be responsible for leading,
coordinating, and conducting monitoring and
evaluation for each such program, and the
process for enabling the leading agency or
bureau to establish standards, compel partners
to adhere to those standards, and report
results;
(C) a plan to monitor, evaluate, and share
data and learning about the TSCTP Program that
includes quantifiable baselines, targets, and
results in accordance with monitoring and
evaluation provisions of sections 3 and 4 of
the Foreign Aid Transparency and Accountability
Act of 2016 (Public Law 114-191); and
(D) a plan for ensuring coordination and
compliance with related requirements in United
States law, including the Global Fragility Act
of 2019 (title V of division J of the Further
Consolidated Appropriations Act, 2020 (Public
Law 116-94)).
(3) Consultation.--Not later than 90 days after the
date of the enactment of this Act, the Department of
State shall consult with appropriate congressional
committees on progress made towards developing the
strategies required in paragraphs (1) and (2).
(d) Supporting Material in Annual Budget Request.--The
Secretary of State shall include in the budget materials
submitted to Congress in support of the President's annual
budget request (submitted to Congress pursuant to section 1105
of title 31, United States Code) for each fiscal year beginning
after the date of the enactment of this Act, and annually
thereafter for five years, a description of the requirements,
activities, and planned allocation of amounts requested by the
TSCTP Program. This requirement does not apply to activities of
the Department of Defense conducted pursuant to authorities
under title 10, United States Code.
(e) Monitoring and Evaluation of Programs and Activities.--
Not later than one year after the date of the enactment of this
Act, and annually thereafter for five years, the Secretary of
State, in consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional
committees a report that describes--
(1) the progress made in meeting the objectives of
the strategies required under paragraphs (1) and (2) of
subsection (c), including any lessons learned in
carrying out TSCTP Program activities and any
recommendations for improving such programs and
activities;
(2) the efforts taken to coordinate, de-conflict, and
streamline TSCTP Program activities to maximize
resource effectiveness;
(3) the extent to which each partner country has
demonstrated the ability to absorb the equipment or
training provided in the previous year under the TSCTP
Program, and where applicable, the ability to maintain
and appropriately utilize such equipment;
(4) the extent to which each partner country is
investing its own resources to advance the goals
described in subsection (a)(1) or is demonstrating a
commitment and willingness to cooperate with the United
States to advance such goals;
(5) the actions taken by the government of each
partner country receiving assistance under the TSCTP
Program to combat corruption, improve transparency and
accountability, and promote other forms of democratic
governance;
(6) the assistance provided in each of the three
preceding fiscal years under this program, broken down
by partner country, to include the type, statutory
authorization, and purpose of all United States
security assistance provided to the country pursuant to
authorities under title 10, United States Code, the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), or any other ``train and equip'' authorities of
the Department of Defense; and
(7) any changes or updates to the Comprehensive Five-
Year Strategy for the TSCTP Program required under
paragraph (2) of subsection (c) necessitated by the
findings in this annual report.
(f) Reporting Requirement Related to Audit of Bureau of
African Affairs Monitoring and Coordination of the Trans-Sahara
Counterterrorism Partnership Program.--Not later than 90 days
after the date of the enactment of this Act, and every 120 days
thereafter until all 13 recommendations in the September 2020
Department of State Office of Inspector General audit entitled
``Audit of the Department of State Bureau of African Affairs
Monitoring and Coordination of the Trans-Sahara
Counterterrorism Partnership Program'' (AUD-MERO-20-42) are
closed or until the date that is three years after the date of
the enactment of this Act, whichever is earlier, the Secretary
of State shall submit to the appropriate congressional
committees a report that identifies--
(1) which of the 13 recommendations in AUD-MERO-20-42
have not been closed;
(2) a description of progress made since the last
report toward closing each recommendation identified
under paragraph (1);
(3) additional resources needed, including assessment
of staffing capacity, if any, to complete action
required to close each recommendation identified under
paragraph (1); and
(4) the anticipated timeline for completion of action
required to close each recommendation identified under
paragraph (1), including application of all
recommendations into all existing security assistance
programs managed by the Department of State under the
TSCTP Program.
(g) Program Administration.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of State
shall report to Congress plans for conducting a written review
of a representative sample of each of the security assistance
programs administered by the Bureau of African Affairs to
identify potential waste, fraud, abuse, inefficiencies, or
deficiencies. The review shall include an analysis of staff
capacity, including human resource needs, available resources,
procedural guidance, and monitoring and evaluation processes to
ensure the Bureau of African Affairs is managing programs
efficiently and effectively.
(h) Form.--The strategies required under paragraphs (1) and
(2) of subsection (c) and the reports required under
subsections (e), (f), and (g) shall be submitted in
unclassified form but may include a classified annex.
(i) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee
on Armed Services, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Appropriations, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
----------
276. An Amendment To Be Offered by Representative McCaul of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XII the following:
SEC. 12__. STATEMENT OF CONGRESS REGARDING ONGOING ABUSES AGAINST
UYGHURS.
(a) Findings.--Congress finds the following:
(1) On December 9, 1948, the United Nations General
Assembly unanimously adopted the Convention on the
Prevention and Punishment of the Crime of Genocide (the
Genocide Convention) signifying a commitment in
response to the Holocaust and other crimes against
humanity committed in the first half of the twentieth
century.
(2) The Genocide Convention entered into force on
January 12, 1951, and declares that all state parties
``confirm that genocide, whether committed in time of
peace or in time of war, is a crime under international
law which they undertake to prevent and to punish''.
(3) The Genocide Convention defines genocide as ``any
of the following acts committed with intent to destroy,
in whole or in part, a national, ethnical, racial or
religious group, as such: (a) Killing members of the
group; (b) Causing serious bodily or mental harm to
members of the group; (c) Deliberately inflicting on
the group conditions of life calculated to bring about
its physical destruction in whole or in part; (d)
Imposing measures intended to prevent births within the
group; (e) Forcibly transferring children of the group
to another group''.
(4) The United States ratified the Genocide
Convention with the understanding that the commission
of genocide requires ``the specific intent to destroy,
in whole or in substantial part, a [protected] group as
such''.
(5) The People's Republic of China (PRC) is a state
party to the Genocide Convention.
(6) Since 2017, the PRC Government, under the
direction and control of the Chinese Communist Party
(CCP), has detained and sought to indoctrinate more
than one million Uyghurs and members of other ethnic
and religious minority groups.
(7) Recent data indicate a significant drop in birth
rates among Uyghurs due to enforced sterilization,
enforced abortion, and more onerous birth quotas for
Uyghurs compared to Han.
(8) There are credible reports of PRC Government
campaigns to promote marriages between Uyghurs and Han
and to reduce birth rates among Uyghurs and other
Turkic Muslims.
(9) Many Uyghurs reportedly have been assigned to
factory employment under conditions that indicate
forced labor, and some former detainees have reported
food deprivation, beatings, suppression of religious
practices, family separation, and sexual abuse.
(10) This is indicative of a systematic effort to
eradicate the ethnic and cultural identity and
religious beliefs, and prevent the births of, Uyghurs,
ethnic Kazakhs and Kyrgyz, and members of religious
minority groups.
(11) The birth rate in the Xinjiang region fell by 24
percent in 2019 compared to a 4.2 percent decline
nationwide.
(12) On January 19, 2021, the Department of State
determined the PRC Government, under the direction and
control of the CCP, has committed crimes against
humanity and genocide against Uyghurs and other ethnic
and religious minority groups in Xinjiang.
(13) Secretary of State Antony Blinken and Former
Secretary of State Michael Pompeo have both stated that
what has taken place in Xinjiang is genocide and
constitutes crimes against humanity.
(14) Article VIII of the Genocide Convention
provides, ``Any Contracting Party may call upon the
competent organs of the United Nations to take such
action under the Charter of the United Nations as they
consider appropriate for the prevention and suppression
of acts of genocide''.
(15) The International Court of Justice has stated
that it is the obligation of all state parties to the
Genocide Convention to ``employ all means reasonably
available to them, so as to prevent genocide so far as
possible''.
(16) The United States is a Permanent Member of the
United Nations Security Council.
(b) Statement of Congress.--Congress--
(1) finds that the ongoing abuses against Uyghurs and
members of other ethnic and religious minority groups
constitute genocide as defined in the Genocide
Convention and crimes against humanity as understood
under customary international law;
(2) attributes these atrocity crimes against Uyghurs
and members of other ethnic and religious minority
groups to the People's Republic of China, under the
direction and control of the Chinese Communist Party;
(3) condemns this genocide and these crimes against
humanity in the strongest terms; and
(4) calls upon the President to direct the United
States Permanent Representative to the United Nations
to use the voice, vote, and influence of the United
States to--
(A) refer the People's Republic of China's
genocide and crimes against humanity against
Uyghurs and members of other ethnic and
religious minority groups to the competent
organs of the United Nations for investigation;
(B) seize the United Nations Security Council
of the circumstances of this genocide and
crimes against humanity and lead efforts to
invoke multilateral sanctions in response to
these ongoing atrocities; and
(C) take all possible actions to bring this
genocide and these crimes against humanity to
an end and hold the perpetrators of these
atrocities accountable under international law.
----------
277. An Amendment To Be Offered by Representative McCaul of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC DELEGATIONS.
(a) Sense of Congress.--It is the sense of Congress that
individuals representing the United States at international
athletic competitions in foreign countries should have the
opportunity to be informed about human rights and security
concerns in such countries and how best to safeguard their
personal security and privacy.
(b) In General.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
State shall devise and implement a strategy for
disseminating briefing materials, including information
described in subsection (c), to individuals
representing the United States at international
athletic competitions in a covered country.
(2) Timing and form of materials.--
(A) In general.--The briefing materials
referred to in paragraph (1) shall be offered
not later than 180 days prior to the
commencement of an international athletic
competition in a covered country.
(B) Form of delivery.--Briefing materials
related to the human rights record of covered
countries may be delivered electronically or
disseminated in person, as appropriate.
(C) Special consideration.--Information
briefing materials related to personal security
risks may be offered electronically, in written
format, by video teleconference, or prerecorded
video.
(3) Consultations.--In devising and implementing the
strategy required under paragraph (1), the Secretary of
State shall consult with the following:
(A) The Committee on Foreign Affairs of the
House of Representatives and the Committee on
Foreign Relations in the Senate, not later than
90 days after the date of the enactment of this
Act.
(B) Leading human rights nongovernmental
organizations and relevant subject-matter
experts in determining the content of the
briefings required under this subsection.
(C) The United States Olympic and Paralympic
Committee and the national governing bodies of
amateur sports that play a role in determining
which individuals represent the United States
in international athletic competitions,
regarding the most appropriate and effective
method to disseminate briefing materials.
(c) Content of Briefings.--The briefing materials required
under subsection (b) shall include, with respect to a covered
country hosting an international athletic competition in which
individuals may represent the United States, the following:
(1) Information on the human rights concerns present
in such covered country, as described in the Department
of State's Annual Country Reports on Human Rights
Practices.
(2) Information, as applicable, on risks such
individuals may face to their personal and digital
privacy and security, and recommended measures to
safeguard against certain forms of foreign intelligence
targeting, as appropriate.
(d) Covered Country Defined.--In this section, the term
``covered country'' means, with respect to a country hosting an
international athletic competition in which individuals
representing the United States may participate, any of the
following:
(1) Any Communist country specified in subsection (f)
of section 620 of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(f)).
(2) Any country ranked as a Tier 3 country in the
most recent Department of State's annual Trafficking in
Persons Report.
(3) Any other country the Secretary of State
determines present serious human rights concerns for
the purpose of informing such individuals.
(4) Any country the Secretary of State, in
consultation with other cabinet officials as
appropriate, determines presents a serious
counterintelligence risk.
----------
278. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following:
SEC. 6013. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS WITH
RESPECT TO HUMAN RIGHTS VIOLATIONS.
(a) Definitions.--Section 1262 of the Global Magnitsky Human
Rights Accountability Act (Subtitle F of title XII of Public
Law 114-328; 22 U.S.C. 2656 note) is amended by striking
paragraph (2).
(b) Sense of Congress.--The Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) is amended by inserting after section
1262 the following new section:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should
establish and regularize information sharing and sanctions-
related decision making with like-minded governments possessing
human rights and anti-corruption sanctions programs similar in
nature to those authorized under this subtitle.''.
(c) Imposition of Sanctions.--
(1) In general.--Subsection (a) of section 1263 of
the Global Magnitsky Human Rights Accountability Act
(Subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) is amended to read as follows:
``(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to--
``(1) any foreign person that the President
determines, based on credible information--
``(A) is responsible for or complicit in, or
has directly or indirectly engaged in, serious
human rights abuse or any violation of
internationally recognized human rights;
``(B) is a current or former government
official, or a person acting for or on behalf
of such an official, who is responsible for or
complicit in, or has directly or indirectly
engaged in--
``(i) corruption; or
``(ii) the transfer or facilitation
of the transfer of the proceeds of
corruption;
``(C) is or has been a leader or official
of--
``(i) an entity, including a
government entity, that has engaged in,
or whose members have engaged in, any
of the activities described in
subparagraph (A) or (B) related to the
tenure of the leader or official; or
``(ii) an entity whose property and
interests in property are blocked
pursuant to this section as a result of
activities related to the tenure of the
leader or official;
``(D) has materially assisted, sponsored, or
provided financial, material, or technological
support for, or goods or services to or in
support of--
``(i) an activity described in
subparagraph (A) or (B) that is
conducted by a foreign person;
``(ii) a person whose property and
interests in property are blocked
pursuant to this section; or
``(iii) an entity, including a
government entity, that has engaged in,
or whose members have engaged in, an
activity described in subparagraph (A)
or (B) conducted by a foreign person;
or
``(E) is owned or controlled by, or acts or
is purported to act for or on behalf of,
directly or indirectly, a person whose property
and interests in property are blocked pursuant
to this section.''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting
``corruption and'' after ``monitor''.
(3) Requests by congress.--Subsection (d) of such
section is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the subparagraph
heading, by striking ``Human
rights violations'' and
inserting ``Serious human
rights abuse or violations of
internationally recognized
human rights''; and
(II) by striking ``described
in paragraph (1) or (2) of
subsection (a)'' and inserting
``described in subsection
(a)(1) relating to serious
human rights abuse or any
violation of internationally
recognized human rights''; and
(ii) in subparagraph (B)--
(I) in the matter preceding
clause (i), by striking
``described in paragraph (3) or
(4) of subsection (a)'' and
inserting ``described in
subsection (a)(1) relating to
corruption or the transfer or
facilitation of the transfer of
the proceeds of corruption'';
and
(II) by striking ``ranking
member of'' and all that
follows through the period at
the end and inserting ``ranking
member of one of the
appropriate congressional
committees''.
(d) Reports to Congress.--Section 1264(a) of the Global
Magnitsky Human Rights Accountability Act (Subtitle F of title
XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended--
(1) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement,
and assistance to foreign or security sectors to
address persistent underlying causes of serious human
rights abuse, violations of internationally recognized
human rights, and corruption in each country in which
foreign persons with respect to which sanctions have
been imposed under section 1263 are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial
accountability in appropriate jurisdictions with
respect to those foreign persons subject to sanctions
under section 1263 for serious human rights abuse,
violations of internationally recognized human rights,
and corruption.''.
(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.
----------
279. An Amendment To Be Offered by Representative McHenry of North
Carolina or His Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. WORKING GROUP TO SUPPORT INNOVATION WITH RESPECT TO DIGITAL
ASSETS.
(a) Establishment.--Not later than 90 days after the date of
the enactment of this section, the Securities and Exchange
Commission and the Commodity Futures Trading Commission shall
jointly establish a working group (to be known as the ``SEC and
CFTC Working Group on Digital Assets'') to carry out the report
required under subsection (c)(1).
(b) Membership.--
(1) In general.--The Working Group shall be composed
of members appointed in accordance with paragraph (2).
(2) Appointment of members.--
(A) Representatives of commissions.--The
Securities and Exchange Commission and the
Commodity Futures Trading Commission shall each
appoint an equal number of employees of each
such Commission to serve as members of the
Working Group.
(B) Representatives of nongovernmental
stakeholders.--
(i) Appointment.--The Securities and
Exchange Commission and the Commodity
Futures Trading Commission shall each
appoint an equal number of
nongovernmental representatives to
serve as members of the Working Group,
except that such number of members may
not be greater than or equal to the
number of members appointed under
subparagraph (A).
(ii) Required members.--The members
of the Working Group appointed under
clause (i) shall include at least one
representative from each of the
following:
(I) Financial technology
companies that provide products
or services involving digital
assets.
(II) Financial firms under
the jurisdiction of the
Securities and Exchange
Commission or the Commodity
Futures Trading Commission.
(III) Institutions or
organizations engaged in
academic research or advocacy
relating to digital asset use.
(IV) Small businesses engaged
in financial technology.
(V) Investor protection
organizations.
(VI) Institutions and
organizations that support
investment in historically-
underserved businesses.
(C) No compensation for members of the
working group.--
(i) Federal employee members.--All
members of the Working Group appointed
under subparagraph (A) shall serve
without compensation in addition to
that received for their services as
officers or employees of the United
States.
(ii) Non-federal members.--All
members of the Working Group appointed
under subparagraph (B) shall serve
without compensation.
(c) Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this section, the Working Group
shall submit to the Securities and Exchange Commission,
the Commodity Futures Trading Commission, and the
relevant committees a report that contains--
(A) an analysis of--
(i) the legal and regulatory
framework and related developments in
the United States relating to digital
assets, including--
(I) the impact that lack of
clarity in such framework has
on primary and secondary
markets in digital assets; and
(II) how the domestic legal
and regulatory regimes relating
to digital assets impact the
competitive position of the
United States; and
(ii) developments in other countries
related to digital assets and
identification of how these
developments impact the competitive
position of the United States; and
(B) recommendations--
(i) for the creation, maintenance,
and improvement of primary and
secondary markets in digital assets,
including for improving the fairness,
orderliness, integrity, efficiency,
transparency, availability, and
efficacy of such markets;
(ii) for standards concerning
custody, private key management,
cybersecurity, and business continuity
relating to digital asset
intermediaries; and
(iii) for best practices to--
(I) reduce fraud and
manipulation of digital assets
in cash, leveraged, and
derivatives markets;
(II) improve investor
protections for participants in
such markets; and
(III) assist in compliance
with anti-money laundering and
countering the financing of
terrorism obligations under the
Bank Secrecy Act.
(2) Report limited to sec and cftc authorities.--The
analysis and recommendations provided under
subparagraphs (A) and (B) of paragraph (1) may only
relate to the laws, regulations, and related matters
that are under the primary jurisdiction of the
Securities and Exchange Commission or the Commodity
Futures Trading Commission.
(d) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Working Group.
(e) Termination.--
(1) In general.--The Working Group shall terminate on
the date that is 1 year after the date of the enactment
of this section, except that the Chairman of the
Securities and Exchange Commission and the Chairman of
the Commodity Futures Trading Commission may, jointly,
extend the Working Group for a longer period, not to
exceed 1 year.
(2) Second report in the case of extension.--In the
case of an extension of the Working Group under
paragraph (1), the Working Group shall, not later than
the last day of such extension, submit to the
Securities and Exchange Commission, the Commodity
Futures Trading Commission, and the relevant committees
a report that contains an update to the analysis and
recommendations required under subparagraphs (A) and
(B) of subsection (c)(1).
(f) Definitions.--In this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit
Insurance Act (12 U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91-508
(12 U.S.C. 1951 et seq.); and
(C) subchapter II of chapter 53 of title 31,
United States Code.
(2) Historically-underserved businesses.--The term
``historically-underserved businesses'' means women-
owned businesses, minority-owned businesses, and rural
businesses.
(3) Relevant committees.--The term ``relevant
committees'' means--
(A) the Committee on Financial Services of
the House of Representatives;
(B) the Committee on Banking, Housing, and
Urban Affairs of the Senate;
(C) the Committee on Agriculture of the House
of Representatives; and
(D) the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(4) Working group.--The term ``Working Group'' means
the working group established under subsection (a).
----------
280. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, add the following new
section:
SEC. 8__. SUPPLY OF SYNTHETIC GRAPHITE FOR THE DEPARTMENT OF DEFENSE.
The Secretary of Defense--
(1) shall deem synthetic graphite material to be a
strategic and critical material for defense,
industrial, and civilian needs; and
(2) to the maximum extent practicable, shall acquire
synthetic graphite material in the following order of
preference:
(A) First, from sources domestically owned
and produced within the United States.
(B) Second, from sources located within the
United States or the national technology and
industrial base (as defined in section 2500 of
title 10, United States Code).
(C) Third, from other sources as appropriate.
----------
281. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. SENSE OF CONGRESS WITH RESPECT TO THE PRODUCTION OF BASELOAD
POWER IN THE UNITED STATES.
It is the sense of Congress that having access to a secure
and reliable supply of firm, baseload power produced in the
United States, including power generated from coal, natural
gas, oil, and nuclear sources, is critical to United States
national security interests.
----------
282. An Amendment To Be Offered by Representative McNerney of
California or His Designee, Debatable for 10 Minutes
Page 102, after line 20, insert the following:
(6) Plans for ensuring the safety and security of
major weapon systems equipped with autonomy software,
including plans for testing, evaluation, validation,
and verification of such systems.
----------
283. An Amendment To Be Offered by Representative McNerney of
California or His Designee, Debatable for 10 Minutes
Page 402, line 13, insert ``, including in designated fields
of national and economic importance such as cybersecurity,
artificial intelligence, machine learning, data science, and
software engineering'' before the semicolon.
----------
284. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in title XII, insert the following:
SEC. 12_. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the President, acting through the
Secretary of State and in coordination with the Secretary of
Defense, shall submit to the appropriate congressional
committees a report that contains a description of the United
States defense and diplomatic strategy for Syria.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) A United States diplomatic strategy for Syria,
including a description of the desired diplomatic
objectives for advancing United States national
interests in Syria, desired end-goals, and a
description of the intended diplomatic and related
foreign policy means to achieve such objectives.
(2) A United States defense strategy for Syria,
including a description of the security objectives the
United States aims to achieve, including the objectives
and desired end-state for the United States military
presence in northeast Syria, envisioned transition
timeline for security responsibilities to the Syrian
Democratic Forces (SDF), and status of remaining ISIS
elements.
(3) A description of United States strategy and
objectives for United States military support to and
coordination with the Jaysh Maghawir al-Thawra
(``MaT'') including transition plan and operational
needs in and around Al-Tanf.
(4) A plan for enduring security of ISIS detainees
currently held in SDF secured facilities (including so-
called ``third country fighters'' as well as Iraqi and
Syrian national ISIS detainees) accounting for security
of personnel and facilities involved.
(5) A diplomatic strategy for securing the
repatriation of remaining ISIS ``third country
fighters'' to countries of origin, including a
comprehensive breakdown of each country of origin and
number of detainees yet to be repatriated.
(6) A plan for the resettlement and disposition of
ISIS connected women and children in remaining
detention facilities, including roles and
responsibilities of counter-ISIS coalition partners.
(7) A detailed assessment of the security and
humanitarian situation at the internally displaced
persons camp at Rukban.
(8) A plan for diplomatic and humanitarian engagement
with regional partners and multilateral institutions to
ensure successful and safe delivery of continued
humanitarian assistance to non-regime held areas of
Syria.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
----------
285. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. STRATEGY AND REPORTING RELATED TO UNITED STATES ENGAGEMENT IN
SOMALIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary
of Defense, in consultation with the Administrator of the
United States Agency for International Development and other
relevant Federal department and agencies, shall develop and
submit a strategy for advancing United States diplomatic,
humanitarian, development, counterterrorism, and regional
security priorities in Somalia that includes a detailed outline
of United States national security interests and policy
objectives in Somalia.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) An assessment of the United States diplomatic and
defense footprint in Somalia and a related plan to
continue diplomatic, humanitarian, development,
counterterrorism and security cooperation with the
federal Government of Somalia, and regional security
cooperation with partners and allies in the region,
including consideration of the impact of reducing the
presence of the United States Armed Forces, African
Union Mission in Somalia (AMISOM) forces, and other
foreign forces contributing to security in Somalia.
(2) A comprehensive assessment of the terrorist
threat in Somalia posed by al-Shabaab and the Somalia-
based Islamic State affiliate ISIS-Somalia, including
each group's:
(A) capacity to strike the United States
homeland and United States persons and
interests in the region or elsewhere, and the
threat posed to other countries in the East
Africa region and beyond;
(B) major sources of revenue and capacity to
raise funds and recruit from the United States
and elsewhere, including illicit and licit
activities used to fund operations and
financial flows originating from outside of
Somalia; and
(C) connectivity to and relationship with
other terrorist affiliates, including linkages
to Al Qaida and the Islamic State, and their
respective senior leaders.
(3) An overview of ongoing and planned efforts,
including a detailed breakdown of United States foreign
assistance, to--
(A) build the capacity of the federal
Government of Somalia, federal members states,
and their respective civilian security,
defense, criminal justice and law enforcement,
financial, and other institutions, including
through support for completing the
constitutional review process;
(B) degrade Al-Shabaab and ISIS in Somalia,
counter terrorist financing and recruitment,
rehabilitate and reintegrate terrorist
fighters, improve border security, judicial
capacity, and anti-corruption efforts, and
political, economic, and social reforms in
Somalia, including an evaluation of the
effectiveness of these activities to date; and
(C) provide emergency and non-emergency
humanitarian and development assistance
throughout Somalia, including an overview of
the United States's use of third party
monitoring, partner vetting, and other risk
mitigation measures for the provision of
assistance in security restrictive
environments, as appropriate.
(4) A plan to enhance diplomatic engagement and other
initiatives in Somalia to address protracted political
crises and tensions between the federal Government of
Somalia and its member states, delayed electoral
processes, and increasing governance challenges,
including an assessment of Somalia's internal and
regional political dynamics and the role of United
States and other foreign partner engagement on these
dynamics.
(5) An analysis of foreign influence over the federal
Government of Somalia and federal member states,
including external actor objectives and an assessment
of non-United States financial assistance and financial
contributions to Somali officials and institutions.
(6) An analysis of the economic situation in Somalia,
including ongoing debt relief efforts, remaining
external debt, efforts to improve revenue sharing among
the central government and member states and advance
other economic reforms, and measures such as domestic
and international sanctions designed to hold
accountable those involved in corruption, human rights
abuses, and other activities to undermine state and
international institutions.
(7) A plan to address state fragility and drivers of
terrorist recruitment, including efforts to promote
economic growth and human development, improve conflict
resolution and governance capacity, counter foreign
propaganda and disinformation, combat corruption and
support development needs of local communities,
including through rehabilitation, reintegration, and
reconciliation.
(8) A detailed breakdown of United States assistance
to support the training, equipping, advising,
assisting, and accompanying of Somali forces and those
forces aligned with the troop contributing countries of
AMISOM during last five fiscal years.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with other relevant Federal
department and agencies as deemed necessary, shall submit to
appropriate congressional committees a report related to recent
events in Somalia, that includes the following:
(1) A detailed account of the January 2020 terrorist
attack, including an assessment of the role United-
States-trained-and-equipped Kenyan forces had in
countering the attack and if and how this attack and
others shaped United States decisions surrounding the
United States strategy in Somalia and elsewhere in East
Africa.
(2) An assessment of how the January 2021 United
States military retrograde from or repositioning in
Somalia affected United States capacity to achieve
policy objectives, including those surrounding
diplomatic security and the implementation of a range
of United States-funded programs and activities that
have commenced or were planned, such as humanitarian
assistance, good governance initiatives, and human
rights promotion.
(3) An assessment of the legal authorities justifying
unilateral direct action against terrorist targets in
Somalia.
(d) Annual Update.--Not later than 1 year after the
submission of the strategy required under subsection (a), and
annually thereafter for 3 years, the Secretary of State and
Secretary of Defense, in consultation with the Administrator of
the United States Agency for International Development, shall
jointly submit to the appropriate congressional committees an
update on implementation of the strategy and an evaluation of
progress toward achieving United States national security
interests and policy objectives in Somalia.
(e) Form.--Each report required by this section shall be
submitted in unclassified form but may include a classified
annex.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations
of the Senate.
----------
286. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--DEPARTMENT OF STATE AUTHORITIES
TITLE LXX--DEPARTMENT OF STATE AUTHORITIES
SEC. 7001. SHORT TITLE.
This Act may be cited as the ``Department of State
Authorization Act of 2021''.
SEC. 7002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
Subtitle A--Organization and Operations of the Department of State
SEC. 7101. DIPLOMATIC PROGRAMS.
For ``Diplomatic Programs'', there is authorized to be
appropriated $9,476,977,000 for fiscal year 2022.
SEC. 7102. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a
stable and prosperous world;
(2) United States leadership is indispensable in
light of the many complex and interconnected threats
facing the United States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is
vital to United States national security;
(4) challenges such as the global refugee and
migration crises, terrorism, historic famine and food
insecurity, and fragile or repressive societies cannot
be addressed without sustained and robust United States
diplomatic and development leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at
its disposal to protect United States citizens, promote
United States interests and values, and support global
stability and prosperity;
(6) United States security and prosperity depend on
having partners and allies that share our interests and
values, and these partnerships are nurtured and our
shared interests and values are promoted through United
States diplomatic engagement, security cooperation,
economic statecraft, and assistance that helps further
economic development, good governance, including the
rule of law and democratic institutions, and the
development of shared responses to natural and
humanitarian disasters;
(7) as the United States Government agencies
primarily charged with conducting diplomacy and
development, the Department and the United States
Agency for International Development (USAID) require
sustained and robust funding to carry out this
important work, which is essential to our ability to
project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the
United States and the world safer and more prosperous
by alleviating global poverty and hunger, fighting HIV/
AIDS and other infectious diseases, strengthening
alliances, expanding educational opportunities for
women and girls, promoting good governance and
democracy, supporting anti-corruption efforts, driving
economic development and trade, preventing armed
conflicts and humanitarian crises, and creating
American jobs and export opportunities;
(9) the Department and USAID are vital national
security agencies, whose work is critical to the
projection of United States power and leadership
worldwide, and without which Americans would be less
safe, United States economic power would be diminished,
and global stability and prosperity would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also
being cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and
allow the United States to maintain its leadership
around the world.
SEC. 7103. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the
following new sentence: ``All special envoys,
ambassadors, and coordinators located within the Bureau
of Democracy, Human Rights, and Labor shall report
directly to the Assistant Secretary unless otherwise
provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end
the following: ``(commonly referred to as the
annual `Country Reports on Human Rights
Practices')''; and
(3) by adding at the end the following new
subparagraphs:
``(C) Authorities.--In addition to the
duties, functions, and responsibilities
specified in this paragraph, the Assistant
Secretary of State for Democracy, Human Rights,
and Labor is authorized to--
``(i) promote democracy and actively
support human rights throughout the
world;
``(ii) promote the rule of law and
good governance throughout the world;
``(iii) strengthen, empower, and
protect civil society representatives,
programs, and organizations, and
facilitate their ability to engage in
dialogue with governments and other
civil society entities;
``(iv) work with regional bureaus to
ensure adequate personnel at diplomatic
posts are assigned responsibilities
relating to advancing democracy, human
rights, labor rights, women's equal
participation in society, and the rule
of law, with particular attention paid
to adequate oversight and engagement on
such issues by senior officials at such
posts;
``(v) review and, as appropriate,
make recommendations to the Secretary
of State regarding the proposed
transfer of--
``(I) defense articles and
defense services authorized
under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export
Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed
on the `600 series' of the
Commerce Control List contained
in Supplement No. 1 to part 774
of subtitle B of title 15, Code
of Federal Regulations;
``(vi) coordinate programs and
activities that protect and advance the
exercise of human rights and internet
freedom in cyberspace; and
``(vii) implement other relevant
policies and provisions of law.
``(D) Local oversight.--United States
missions, when executing DRL programming, to
the extent practicable, should assist in
exercising oversight authority and coordinate
with the Bureau of Democracy, Human Rights, and
Labor to ensure that funds are appropriately
used and comply with anti-corruption
practices.''.
SEC. 7104. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) Assistant secretary for international narcotics
and law enforcement affairs.--
``(A) In general.--There is authorized to be
in the Department of State an Assistant
Secretary for International Narcotics and Law
Enforcement Affairs, who shall be responsible
to the Secretary of State for all matters,
programs, and related activities pertaining to
international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign
policy by the Department, including, as
appropriate, leading the coordination of
programs carried out by United States
Government agencies abroad, and such other
related duties as the Secretary may from time
to time designate.
``(B) Areas of responsibility.--The Assistant
Secretary for International Narcotics and Law
Enforcement Affairs shall maintain continuous
observation and coordination of all matters
pertaining to international narcotics, anti-
crime, and law enforcement affairs in the
conduct of foreign policy, including programs
carried out by other United States Government
agencies when such programs pertain to the
following matters:
``(i) Combating international
narcotics production and trafficking.
``(ii) Strengthening foreign justice
systems, including judicial and
prosecutorial capacity, appeals
systems, law enforcement agencies,
prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping
foreign police, border control, other
government officials, and other
civilian law enforcement authorities
for anti-crime purposes, including
ensuring that no foreign security unit
or member of such unit shall receive
such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of
human rights and women's participation
issues in law enforcement programs, in
consultation with the Assistant
Secretary for Democracy, Human Rights,
and Labor, and other senior officials
in regional and thematic bureaus and
offices.
``(v) Combating, in conjunction with
other relevant bureaus of the
Department of State and other United
States Government agencies, all forms
of transnational organized crime,
including human trafficking, illicit
trafficking in arms, wildlife, and
cultural property, migrant smuggling,
corruption, money laundering, the
illicit smuggling of bulk cash, the
licit use of financial systems for
malign purposes, and other new and
emerging forms of crime.
``(vi) Identifying and responding to
global corruption, including
strengthening the capacity of foreign
government institutions responsible for
addressing financial crimes and
engaging with multilateral
organizations responsible for
monitoring and supporting foreign
governments' anti-corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B),
the Assistant Secretary for International
Narcotics and Law Enforcement Affairs shall
also--
``(i) carry out timely and
substantive consultation with chiefs of
mission and, as appropriate, the heads
of other United States Government
agencies to ensure effective
coordination of all international
narcotics and law enforcement programs
carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of
National Drug Control Policy to ensure
lessons learned from other United
States Government agencies are
available to the Bureau of
International Narcotics and Law
Enforcement Affairs of the Department;
``(iii) develop standard requirements
for monitoring and evaluation of Bureau
programs, including metrics for success
that do not rely solely on the amounts
of illegal drugs that are produced or
seized;
``(iv) in coordination with the
Secretary of State, annually certify in
writing to the Committee on Foreign
Affairs of the House of Representatives
and the Committee on Foreign Relations
of the Senate that United States law
enforcement personnel posted abroad
whose activities are funded to any
extent by the Bureau of International
Narcotics and Law Enforcement Affairs
are complying with section 207 of the
Foreign Service Act of 1980 (22 U.S.C.
3927); and
``(v) carry out such other relevant
duties as the Secretary may assign.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to limit or impair
the authority or responsibility of any other
Federal agency with respect to law enforcement,
domestic security operations, or intelligence
activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h) is amended by
inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an
identification of all United States Government-
supported units funded by the Bureau of International
Narcotics and Law Enforcement Affairs and any Bureau-
funded operations by such units in which United States
law enforcement personnel have been physically
present.''.
SEC. 7105. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) and (h) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (f) the following
new subsections:
``(g) Bureau of Consular Affairs.--There is in the Department
of State the Bureau of Consular Affairs, which shall be headed
by the Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the Assistant
Secretary of State for Population, Refugees, and Migration.''.
SEC. 7106. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons
with disabilities;
(2) promote the human rights and full participation
in international development activities of all persons
with disabilities;
(3) promote disability inclusive practices and the
training of Department of State staff on soliciting
quality programs that are fully inclusive of people
with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the
profile of disability across a broader range of
organizations contributing to international development
efforts;
(5) conduct regular consultation with civil society
organizations working to advance international
disability rights and empower persons with disabilities
internationally;
(6) consult with other relevant offices at the
Department that are responsible for drafting annual
reports documenting progress on human rights,
including, wherever applicable, references to instances
of discrimination, prejudice, or abuses of persons with
disabilities;
(7) advise the Bureau of Human Resources or its
equivalent within the Department regarding the hiring
and recruitment and overseas practices of civil service
employees and Foreign Service officers with
disabilities and their family members with chronic
medical conditions or disabilities; and
(8) carry out such other relevant duties as the
Secretary of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant
Secretary of State; or
(2) an officer exercising significant authority who
reports to the President or Secretary of State,
appointed by and with the advice and consent of the
Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the Office
to promote the human rights and full participation in
international development activities of all persons with
disabilities.
SEC. 7107. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation
by the United States in the Information Sharing Centre located
in Singapore, as established by the Regional Cooperation
Agreement on Combating Piracy and Armed Robbery against Ships
in Asia (ReCAAP).
SEC. 7108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security
agency, whose employees, both Foreign and Civil
Service, require the best possible training 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's investment of time and
resources with respect to the training and education of
its personnel is considerably below the level of other
Federal departments and agencies in the national
security field, and falls well below the investments
many allied and adversarial countries make in the
development of their diplomats;
(3) the Department faces increasingly complex and
rapidly evolving challenges, many of which are science
and technology-driven, and which demand the continual,
high-quality training and education of its personnel;
(4) the Department must move beyond reliance on ``on-
the-job training'' and other informal mentorship
practices, which lead to an inequality in skillset
development and career advancement opportunities, often
particularly for minority personnel, and towards a
robust professional tradecraft training continuum that
will provide for greater equality in career advancement
and increase minority participation in the senior
ranks;
(5) the Department's Foreign Service Institute and
other training facilities should seek to substantially
increase its educational and training offerings to
Department personnel, including developing new and
innovative educational and training courses, methods,
programs, and opportunities; and
(6) consistent with existing Department gift
acceptance authority and other applicable laws, the
Department and 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 offerings, especially
in the introduction of new, innovative, and pilot model
courses.
(b) Training Float.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall develop
and submit to the appropriate congressional committees a
strategy to establish a ``training float'' to allow for up to
15 percent of the Civil and Foreign Service to participate in
long-term training at any given time. The strategy should
identify steps necessary to ensure implementation of the
training priorities identified in subsection (c), sufficient
training capacity and opportunities are available to Civil and
Foreign Service officers, equitable distribution of long-term
training opportunities to Civil and Foreign Service officers,
and any additional resources or authorities necessary to
facilitate such a training float, including programs at the
George P. Schultz National Foreign Affairs Training Center, the
Foreign Service Institute, the Foreign Affairs Security
Training Center, and other facilities or programs operated by
the Department of State. The strategy shall identify which
types of training would be prioritized, the extent (if any) to
which such training is already being provided to Civil and
Foreign Service officers by the Department of State, any
factors incentivizing or disincentivizing such training, and
why such training cannot be achieved without Civil and Foreign
Service officers leaving the workforce. In addition to training
opportunities provided by the Department, the strategy shall
consider training that could be provided by the other United
States Government training institutions, as well as non-
governmental educational institutions. The strategy shall
consider approaches to overcome disincentives to pursuing long-
term training.
(c) Prioritization.--In order to provide the Civil and
Foreign Service with the level of education and training needed
to effectively advance United States interests across the
globe, the Department of State should--
(1) increase its offerings--
(A) of virtual instruction to make training
more accessible to personnel deployed
throughout the world; or
(B) at partner organizations to provide
useful outside perspectives to Department
personnel;
(2) offer courses utilizing computer-based or
assisted simulations, allowing civilian officers to
lead decision-making in a crisis environment; and
(3) consider increasing the duration and expanding
the focus of certain training courses, including--
(A) the A-100 orientation course for Foreign
Service officers, and
(B) the chief of mission course to more
accurately reflect the significant
responsibilities accompanying such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in
courses at the Foreign Service Institute and other Department
of State training facilities to promote a whole-of-government
approach to mitigating national security challenges.
SEC. 7109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting
``If a position designated under this section is
unfilled for more than 365 calendar days, such position
may be filled, as appropriate, on a temporary basis, in
accordance with section 309.'' after ``Positions
designated under this section are excepted from the
competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C.
3982(a)), by inserting ``, or domestically, in a
position working on issues relating to a particular
country or geographic area,'' after ``geographic
area''.
SEC. 7110. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
Section 1(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by section 7104 of this
division, is further amended--
(1) by redesignating paragraphs (4) and (5) (as
redesignated pursuant to such section 1004) as
paragraphs (5) and (6); and
(2) by inserting after paragraph (3) (as added
pursuant to such section 1004) the following new
paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant
secretary.--Subject to the numerical limitation
specified in paragraph (1), there is authorized
to be established in the Department of State an
Assistant Secretary of State for Energy
Resources.
``(B) Personnel.--If the Department
establishes an Assistant Secretary of State for
Energy Resources in accordance with the
authorization provided in subparagraph (A), the
Secretary of State shall ensure there are
sufficient personnel dedicated to energy
matters within the Department of State whose
responsibilities shall include--
``(i) formulating and implementing
international policies aimed at
protecting and advancing United States
energy security interests by
effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the
national security implications of
global energy and environmental
developments are reflected in the
decision making process within the
Department;
``(iii) incorporating energy security
priorities into the activities of the
Department;
``(iv) coordinating energy activities
of the Department with relevant Federal
departments and agencies;
``(v) coordinating with the Office of
Sanctions Coordination on economic
sanctions pertaining to the
international energy sector; and
``(vi) working internationally to--
``(I) support the development
of energy resources and the
distribution of such resources
for the benefit of the United
States and United States allies
and trading partners for their
energy security and economic
development needs;
``(II) promote availability
of diversified energy supplies
and a well-functioning global
market for energy resources,
technologies, and expertise for
the benefit of the United
States and United States allies
and trading partners;
``(III) resolve international
disputes regarding the
exploration, development,
production, or distribution of
energy resources;
``(IV) support the economic
and commercial interests of
United States persons operating
in the energy markets of
foreign countries;
``(V) support and coordinate
international efforts to
alleviate energy poverty;
``(VI) leading the United
States commitment to the
Extractive Industries
Transparency Initiative; and
``(VII) coordinating energy
security and other relevant
functions within the Department
currently undertaken by--
``(aa) the Bureau of
Economic and Business
Affairs;
``(bb) the Bureau of
Oceans and
International
Environmental and
Scientific Affairs; and
``(cc) other offices
within the Department
of State.''.
SEC. 7111. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956
is amended by adding after section 63 (22 U.S.C. 2735) the
following new section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or
otherwise, for the performance of appropriate museum
visitor and educational outreach services and related
events, including organizing programs and conference
activities, museum shop services and food services in
the public exhibition and related space utilized by the
National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach
services and related events referred to in such
paragraph, including fees for use of facilities at the
National Museum for American Diplomacy. Any such
revenues may be retained as a recovery of the costs of
operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts,
or other articles permanently acquired by the
Department of State and determined by the Secretary of
State to be suitable for display by the National Museum
of American Diplomacy shall be considered to be the
property of the United States Government and shall be
subject to disposition solely in accordance with this
subsection.
``(2) Sale, trade, or transfer.--Whenever the
Secretary of State makes the determination described in
paragraph (3) with respect to a document, artifact, or
other article under paragraph (1), the Secretary may
sell at fair market value, trade, or transfer such
document, artifact, or other article without regard to
the requirements of subtitle I of title 40, United
States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the
National Museum of American Diplomacy and may not be
used for any purpose other than the acquisition and
direct care of the collections of the museum.
``(3) Determinations prior to sale, trade, or
transfer.--The determination described in this
paragraph with respect to a document, artifact, or
other article under paragraph (1), is a determination
that--
``(A) such document, artifact, or other
article no longer serves to further the
purposes of the National Museum of American
Diplomacy as set forth in the collections
management policy of the museum;
``(B) the sale, trade, or transfer of such
document, artifact, or other article would
serve to maintain the standards of the
collection of the museum; or
``(C) sale, trade, or transfer of such
document, artifact, or other article would be
in the best interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer
of documents, artifacts, or other articles under
paragraph (1), the Secretary of State may loan such
documents, artifacts, or other articles, when not
needed for use or display by the National Museum of
American Diplomacy to the Smithsonian Institution or a
similar institution for repair, study, or
exhibition.''.
SEC. 7112. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS
INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF
U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is amended
to read as follows:
``(e) Amounts.--Payments may be made under this section only
to such extent and in such amounts as are provided in advance
in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection
(a) shall take effect on the date of the enactment of
this Act and apply as if the date specified in
subsection (e) of section 7 of the Fishermen's
Protective Act of 1967, as in effect on the day before
the date of the enactment of this Act, were the day
after such date of enactment.
(2) Agreements and payments.--The Secretary of State
is authorized to--
(A) enter into agreements pursuant to section
7 of the Fishermen's Protective Act of 1967 for
any claims to which such section would
otherwise apply but for the date specified in
subsection (e) of such section, as in effect on
the day before the date of the enactment of
this Act; and
(B) make payments in accordance with
agreements entered into pursuant to such
section if any such payments have not been made
as a result of the expiration of the date
specified in such section, as in effect on the
day before the date of the enactment of this
Act.
SEC. 7113. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $25,000, unless such purchase
is subject to prior consultation with, and the regular
notification procedures of, the appropriate congressional
committees.
(b) 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 the costs
of the Art in Embassies Program for fiscal years 2012 through
2020.
(c) Sunset.--This section shall terminate on the date that is
two years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 7114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as
follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with like-minded countries, a comprehensive,
multilateral strategy to--
``(1) assist Burma in addressing corrosive malign
influence of the People's Republic of China; and
``(2) support democratic, constitutional, economic,
and security sector reforms in Burma designed to--
``(A) advance democratic development and
improve human rights practices and the quality
of life; and
``(B) promote genuine national
reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph
(1), by striking ``six months'' and
inserting ``year'';
(ii) by redesignating paragraph (3)
as paragraph (7); and
(iii) by inserting after paragraph
(2) the following new paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive
economic growth;
``(5) progress toward genuine national
reconciliation;
``(6) progress on improving the quality of life of
the Burmese people, including progress relating to
market reforms, living standards, labor standards, use
of forced labor in the tourism industry, and
environmental quality; and''.
(2) Effective date.--The amendments made by paragraph
(1) shall take effect on the date of the enactment of
this Act and apply with respect to the first report
required under subsection (d) of section 570 of Public
Law 104-208 that is required after the date of the
enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-
246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-
465 (22 U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament
Act (22 U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the
International Security and Development Cooperation Act
of 1985 (22 U.S.C. 2349aa-7).
(c) Technical and Conforming Amendment.--Section 502 of the
International Security and Development Cooperation Act of 1985
(22 U.S.C. 2349aa-7) is amended by redesignating subsection (c)
as subsection (b).
SEC. 7115. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that lists all of
the Government Accountability Office's recommendations relating
to the Department that have not been fully implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the
date of the submission of the report required under
subsection (a), the Secretary shall submit to the
appropriate congressional committees a report that
describes the implementation status of each
recommendation from the Government Accountability
Office included in such report.
(2) Justification.--The report under paragraph (1)
shall include--
(A) a detailed justification for each
decision not to fully implement a
recommendation or to implement a recommendation
in a different manner than specified by the
Government Accountability Office;
(B) a timeline for the full implementation of
any recommendation the Secretary has decided to
adopt, but has not yet fully implemented; and
(C) an explanation for any discrepancies
included in the Comptroller General report
submitted under subsection (b).
(c) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum
extent practicable, but may be included in a classified annex
to the extent necessary.
SEC. 7116. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department of State an Office of Global Criminal Justice
(referred to in this section as the ``Office''), which may be
placed within the organizational structure of the Department at
the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary of State and other relevant
senior officials on issues related to atrocities,
including war crimes, crimes against humanity, and
genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for
atrocities.
(3) Coordinate, as appropriate and with other
relevant Federal departments and agencies, United
States Government positions relating to the
international and hybrid courts currently prosecuting
persons suspected of atrocities around the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions,
and tribunals to investigate, document, and prosecute
atrocities around the world.
(5) Coordinate, as appropriate and with other
relevant Federal departments and agencies, the
deployment of diplomatic, legal, economic, military,
and other tools to help collect evidence of atrocities,
judge those responsible, protect and assist victims,
enable reconciliation, prevent and deter atrocities,
and promote the rule of law.
(6) Provide advice and expertise on transitional
justice mechanisms to United States personnel operating
in conflict and post-conflict environments.
(7) Act as a point of contact for international,
hybrid, and domestic tribunals exercising jurisdiction
over atrocities committed around the world.
(8) Represent the Department on any interagency
whole-of-government coordinating entities addressing
genocide and other atrocities.
(9) Perform any additional duties and exercise such
powers as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led by
an Ambassador-at-Large for Global Criminal Justice who is
nominated by the President and appointed by and with the advice
and consent of the Senate.
Subtitle B--Embassy Construction
SEC. 7201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,995,449,000 for
fiscal year 2022.
SEC. 7202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or
successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design and
keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out any
new United States embassy compound or new consulate compound
project that utilizes a non-standard design, including those
projects that are in the design or pre-design phase as of the
date of the enactment of this Act, only in consultation with
the appropriate congressional committees. The Secretary shall
provide the appropriate congressional committees, for each such
project, the following documentation:
(1) A comparison of the estimated full lifecycle
costs of the project to the estimated full lifecycle
costs of such project if it were to use a standard
design.
(2) A comparison of the estimated completion date of
such project to the estimated completion date of such
project if it were to use a standard design.
(3) A comparison of the security of the completed
project to the security of such completed project if it
were to use a standard design.
(4) A justification for the Secretary's selection of
a non-standard design over a standard design for such
project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification,
as the case may be, described in paragraphs (1) through
(4) cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date of
the enactment of this Act.
SEC. 7203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading, by striking ``annual
report on embassy construction costs'' and inserting
``biannual report on overseas capital construction
projects''; and
(2) by striking subsections (a) and (b) and inserting
the following new subsections:
``(a) In General.--Not later than 180 days after the date of
the enactment of this subsection and every 180 days thereafter
until the date that is four years after such date of enactment,
the Secretary of State shall submit to the appropriate
congressional committees a comprehensive report regarding all
ongoing overseas capital construction projects and major
embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and
maintenance funds required by the Committees on
Appropriations for Acts making appropriations for the
Department of State, foreign operations, and related
programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable
adjustment received by the Department to date.
``(4) The value of each certified claim received by
the Department to date.
``(5) The value of any usage of the project's
contingency fund to date and the value of the remainder
of the project's contingency fund.
``(6) An enumerated list of each request for
adjustment and certified claim that remains outstanding
or unresolved.
``(7) An enumerated list of each request for
equitable adjustment and certified claim that has been
fully adjudicated or that the Department has settled,
and the final dollar amount of each adjudication or
settlement.
``(8) The date of estimated completion specified in
the proposed allocation of capital construction and
maintenance funds required by the Committees on
Appropriations not later than 45 days after the date of
the enactment of an Act making appropriations for the
Department of State, foreign operations, and related
programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Department of State Authorities Act, Fiscal Year
2017 is amended by amending the item relating to section 118 to
read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 7204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall
complete all contractor performance evaluations outstanding as
of the date of the enactment of this Act required by subpart
42.15 of the Federal Acquisition Regulation for those
contractors engaged in construction of new embassy or new
consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State shall develop a prioritization system for
clearing the current backlog of required evaluations
referred to in subsection (a).
(2) Elements.--The system required under paragraph
(1) should prioritize the evaluations as follows:
(A) Project completion evaluations should be
prioritized over annual evaluations.
(B) Evaluations for relatively large
contracts should have priority.
(C) Evaluations that would be particularly
informative for the awarding of government
contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in accordance
with subsection (a) and the prioritization system developed
pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of
the Department as a client; and
(2) the Department should develop a forum where
contractors can comment on the Department's project
management performance.
SEC. 7205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound
(NEC) and new consulate compound project (NCC) in or not yet in
the design phase as of the date of the enactment of this Act,
the Department of State shall project growth over the estimated
life of the facility using all available and relevant data,
including the following:
(1) Relevant historical trends for Department
personnel and personnel from other agencies represented
at the NEC or NCC that is to be constructed.
(2) An analysis of the tradeoffs between risk and the
needs of United States Government policy conducted as
part of the most recent Vital Presence Validation
Process, if applicable.
(3) Reasonable assumptions about the strategic
importance of the NEC or NCC, as the case may be, over
the life of the building at issue.
(4) Any other data that would be helpful in
projecting the future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall
provide to the Secretary, upon request, growth projections for
the personnel of each such agency over the estimated life of
each embassy or consulate, as the case may be.
(c) Basis for Estimates.--The Department of State shall base
its growth assumption for all NECs and NCCs on the estimates
required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted after
the date of the enactment of this Act shall include the growth
assumption used pursuant to subsection (c).
SEC. 7206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act and annually
thereafter for the next five years as the Secretary of
State considers appropriate, the Secretary shall
develop--
(A) a comprehensive 6-year plan documenting
the Department's overseas building program for
the replacement of overseas diplomatic posts
taking into account security factors under the
Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant
statutes and regulations, as well as
occupational safety and health factors pursuant
to the Occupational Safety and Health Act of
1970 and other relevant statutes and
regulations, including environmental factors
such as indoor air quality that impact employee
health and safety; and
(B) a comprehensive 6-year plan detailing the
Department's long-term planning for the
maintenance and sustainment of completed
diplomatic posts, which takes into account
security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999
and other relevant statutes and regulations, as
well as occupational safety and health factors
pursuant to the Occupational Safety and Health
Act of 1970 and other relevant statutes and
regulations, including environmental factors
such as indoor air quality that impact employee
health and safety.
(2) Initial report.--The first plan developed
pursuant to paragraph (1)(A) shall also include a one-
time status report on existing small diplomatic posts
and a strategy for establishing a physical diplomatic
presence in countries in which there is no current
physical diplomatic presence and with which the United
States maintains diplomatic relations. Such report,
which may include a classified annex, shall include the
following:
(A) A description of the extent to which each
small diplomatic post furthers the national
interest of the United States.
(B) A description of how each small
diplomatic post provides American Citizen
Services, including data on specific services
provided and the number of Americans receiving
services over the previous year.
(C) A description of whether each small
diplomatic post meets current security
requirements.
(D) A description of the full financial cost
of maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission
on any unique operational or policy value the
small diplomatic post provides.
(F) A recommendation of whether any small
diplomatic posts should be closed.
(3) Updated information.--The annual updates of each
of the plans developed pursuant to paragraph (1) shall
highlight any changes from the previous year's plan to
the ordering of construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than
60 days after the completion of each plan required
under subsection (a), the Secretary of State shall
submit the plans to the appropriate congressional
committees.
(2) Reference in budget justification materials.--In
the budget justification materials submitted to the
appropriate congressional committees in support of the
Department of State's budget for any fiscal year (as
submitted with the budget of the President under
section 1105(a) of title 31, United States Code), the
plans required under subsection (a) shall be referenced
to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under
paragraph (1) shall be submitted in unclassified form
but may include a classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or
consulate that has employed five or fewer United States
Government employees or contractors on average over the 36
months prior to the date of the enactment of this Act.
SEC. 7207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to
use value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs
pursuant to OMB Circular A-131, Value Engineering,
dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk
management studies on all international construction
projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any
notification that includes the allocation of capital
construction and maintenance funds shall be submitted
to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Requirement to confirm completion of value
engineering and risk assessment studies.--The
notifications required under paragraph (1) shall
include confirmation that the Department has completed
the requisite VE and risk management process described
in subsection (a), or applicable successor process.
(c) Reporting and Briefing Requirements.--The Secretary of
State shall provide to the appropriate congressional committees
upon request--
(1) a description of each risk management study
referred to in subsection (a)(2) and a table detailing
which recommendations related to each such study were
accepted and which were rejected; and
(2) a report or briefing detailing the rationale for
not implementing any such recommendations that may
otherwise yield significant cost savings to the
Department if implemented.
SEC. 7208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended
by striking ``in 3 years'' and inserting ``cumulatively over 3
years''.
SEC. 7209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United
States diplomatic posts for security upgrades.
(2) Significant security deficiencies at United
States diplomatic posts that are not operating out of a
new embassy compound or new consulate compound.
SEC. 7210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority traveling
to a foreign country on official business. To the extent
practicable, such material shall be provided to such employees
prior to their arrival at a United States diplomatic post or as
soon as possible thereafter.
SEC. 7211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be appropriate,
the Secretary shall make use of such method at United States
diplomatic posts that have not yet received design or capital
construction contracts as of the date of the enactment of this
Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection
(a), the Secretary of State shall notify the appropriate
congressional committees in writing of the decision, including
the reasons therefor. The notification required by this
subsection may be included in any other report regarding a new
United States diplomatic post that is required to be submitted
to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance programs
of the Bureau of Overseas Building Operations of the
Department.
SEC. 7212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee a report detailing steps
the Department of State is taking to expand the embassy
construction contractor base in order to increase competition
and maximize value.
SEC. 7213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its successor
office shall continue to balance functionality and security
with accessibility, as defined by guidelines established by the
United States Access Board in constructing embassies and
consulates, and shall ensure compliance with the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the fullest
extent possible.
SEC. 7214. DEFINITIONS.
In this subtitle:
(1) Design-build.--The term ``design-build'' means a
method of project delivery in which one entity works
under a single contract with the Department to provide
design and construction services.
(2) Non-standard design.--The term ``non-standard
design'' means a design for a new embassy compound
project or new consulate compound project that does not
utilize a standardized design for the structural,
spatial, or security requirements of such embassy
compound or consulate compound, as the case may be.
Subtitle C--Personnel Issues
SEC. 7301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall apply to the Department of Labor for a waiver from
insurance requirements under the Defense Base Act (42 U.S.C.
1651 et seq.) for all countries with respect to which the
requirement was waived prior to January 2017, and for which
there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days after
the date of the enactment of this Act, the Secretary of State
shall certify to the appropriate congressional committees that
the requirement in subsection (a) has been met.
SEC. 7302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date
of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional
committees a report detailing an empirical analysis on
the effect of overseas allowances on the foreign
assignment of Foreign Service officers (FSOs), to be
conducted by a federally-funded research and
development center with appropriate expertise in labor
economics and military compensation.
(2) Contents.--The analysis required under paragraph
(1) shall--
(A) identify all allowances paid to FSOs
assigned permanently or on temporary duty to
foreign areas;
(B) examine the efficiency of the Foreign
Service bidding system in determining foreign
assignments;
(C) examine the factors that incentivize FSOs
to bid on particular assignments, including
danger levels and hardship conditions;
(D) examine the Department's strategy and
process for incentivizing FSOs to bid on
assignments that are historically in lower
demand, including with monetary compensation,
and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military
compensation and allowances, noting which
allowances are shared or based on the same
regulations;
(F) recommend options for restructuring
allowances to improve the efficiency of the
assignments system and better align FSO
incentives with the needs of the Foreign
Service, including any cost savings associated
with such restructuring;
(G) recommend any statutory changes necessary
to implement subparagraph (F), such as
consolidating existing legal authorities for
the provision of hardship and danger pay; and
(H) detail any effects of recommendations
made pursuant to subparagraphs (F) and (G) on
other United States Government departments and
agencies with civilian employees permanently
assigned or on temporary duty in foreign areas,
following consultation with such departments
and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary of
State shall provide to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs in the House of
Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference
for such analysis as specified between the Department
of State and such federally funded research and
development center.
(c) Availability of Information.--
(1) In general.--The Secretary of State shall make
available to the federally-funded research and
development center carrying out the analysis required
under subsection (a)(1) all necessary and relevant
information to allow such center to conduct such
analysis in a quantitative and analytical manner,
including historical data on the number of bids for
each foreign assignment and any survey data collected
by the Department of State from eligible bidders on
their bid decision-making.
(2) Cooperation.--The Secretary of State shall work
with the heads of other relevant United States
Government departments and agencies to ensure such
departments and agencies provide all necessary and
relevant information to the federally-funded research
and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary of State shall
require that the chief executive officer of the federally-
funded research and development center that carries out the
analysis required under subsection (a)(1) submit to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives an interim
report on such analysis not later than 180 days after the date
of the enactment of this Act.
SEC. 7303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at the
end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary of State is
authorized to make grants or enter into cooperative
agreements related to Department of State science and
technology fellowship programs, including for
assistance in recruiting fellows and the payment of
stipends, travel, and other appropriate expenses to
fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18,
United States Code.
``(3) Maximum annual amount.--The total amount of
grants made pursuant to this subsection may not exceed
$500,000 in any fiscal year.''.
SEC. 7304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``1 round-trip per year for each child below
age 21 of a member of the Service assigned abroad'' and
inserting ``in the case of one or more children below
age 21 of a member of the Service assigned abroad, one
round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before
``to visit the member abroad''; and
(B) by striking ``; or'' and inserting a
comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before
``to visit the other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following
new subparagraph:
``(C) for one of the child's parents to visit
the child or children abroad if the child or
children do not regularly reside with that
parent and that parent is not receiving an
education allowance or educational travel
allowance for the child or children under
section 5924(4) of title 5, United States
Code,''; and
(5) in the matter following subparagraph (C), as
added by paragraph (4) of this section, by striking ``a
payment'' and inserting ``the cost of round-trip
travel''.
SEC. 7305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new
sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member may
take the leave ordered under this section where that member's
family members reside, notwithstanding section 6305 of title 5,
United States Code.''.
SEC. 7306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the Donald
M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 7307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service
Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter
preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion,
on or after January 1, 2017,''; and
(2) striking ``individual joining the Service on or
after January 1, 2017,'' and inserting ``Foreign
Service officer, appointed under section 302(a)(1), who
has general responsibility for carrying out the
functions of the Service''.
SEC. 7308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as
follows: ``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980 is
amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 7309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary of State should continue
to hold entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a frequency
consistent with prior years and consistent with the need to
maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department of State will lack experienced, qualified personnel
in the short, medium, and long terms.
(b) Limitation.--The Secretary of State should not implement
any reduction-in-force action under section 3502 or 3595 of
title 5, United States Code, or for any incentive payments for
early separation or retirement under any other provision of law
unless--
(1) the appropriate congressional committees are
notified not less than 15 days in advance of such
obligation or expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that
describes the Department of State's strategic staffing
goals, including--
(A) a justification that describes how any
proposed workforce reduction enhances the
effectiveness of the Department;
(B) a certification that such workforce
reduction is in the national interest of the
United States;
(C) a comprehensive strategic staffing plan
for the Department, including 5-year workforce
forecasting and a description of the
anticipated impact of any proposed workforce
reduction; and
(D) a dataset displaying comprehensive
workforce data for all current and planned
employees of the Department, disaggregated by--
(i) Foreign Service officer and
Foreign Service specialist rank;
(ii) civil service job skill code,
grade level, and bureau of assignment;
(iii) contracted employees, including
the equivalent job skill code and
bureau of assignment; and
(iv) employees hired under schedule C
of subpart C of part 213 of title 5,
Code of Federal Regulations, including
their equivalent grade and job skill
code and bureau of assignment.
SEC. 7310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department of State should continue to
promote the employment of veterans, in accordance with
section 301 of the Foreign Service Act of 1980 (22
U.S.C. 3941), including those veterans belonging to
traditionally under-represented groups at the
Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign
policy in a variety of regional and global affairs
bureaus and diplomatic posts overseas; and
(3) the Department should continue to encourage
veteran employment and facilitate their participation
in the workforce.
SEC. 7311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall have
the same appeal rights as provided by the Department regarding
denial or revocation of a security clearance. Any such appeal
shall be resolved not later than 60 days after such appeal is
filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise, and certify to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate regarding such revision, the Foreign
Affairs Manual guidance regarding denial or revocation of a
security clearance to expressly state that all review and
appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment restriction
or preclusion to an employee.
(d) 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 Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate a report that
contains the following:
(1) A rationale for the use of assignment
restrictions by the Department of State, including
specific case studies related to cleared American
Foreign Service and civil service employees of the
Department that demonstrate country-specific
restrictions serve a counterintelligence role beyond
that which is already covered by the security clearance
process.
(2) The number of such Department employees subject
to assignment restrictions over the previous year, with
data disaggregated by:
(A) Identification as a Foreign Service
officer, civil service employee, eligible
family member, or other employment status.
(B) The ethnicity, national origin, and race
of the precluded employee.
(C) Gender.
(D) Identification of the country of
restriction.
(3) A description of the considerations and criteria
used by the Bureau of Diplomatic Security to determine
whether an assignment restriction is warranted.
(4) The number of restrictions that were appealed and
the success rate of such appeals.
(5) The impact of assignment restrictions in terms of
unused language skills as measured by Foreign Service
Institute language scores of such precluded employees.
(6) Measures taken to ensure the diversity of
adjudicators and contracted investigators, with
accompanying data on results.
SEC. 7312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department of State employees provide
invaluable service to the United States as nonpartisan
professionals who contribute subject matter expertise
and professional skills to the successful development
and execution of United States foreign policy; and
(2) reemployment of skilled former members of the
Foreign and civil service who have voluntarily
separated from the Foreign or civil service due to
family reasons or to obtain professional skills outside
government is of benefit to the Department.
(b) Notice of Employment Opportunities for Department of
State and USAID Positions.--
(1) In general.--Title 5, United States Code, is
amended by inserting after chapter 102 the following
new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``Sec. 10301. Notice of employment opportunities for Department of
State and USAID positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If using
merit promotion procedures, the notice shall expressly state
that former employees eligible for reinstatement may apply.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part III of title 5, United States Code,
is amended by adding at the end of subpart I the
following:
``103. Notice of employment opportunities for Department of State
and USAID positions...............................10301''.
SEC. 7313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF STATE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a comprehensive 5-
year strategic staffing plan for the Department of State that
is aligned with and furthers the objectives of the National
Security Strategy of the United States of America issued in
December 2017, or any subsequent strategy issued not later than
18 months after the date of the enactment of this Act, which
shall include the following:
(1) A dataset displaying comprehensive workforce
data, including all shortages in bureaus described in
GAO report GAO-19-220, for all current and planned
employees of the Department, disaggregated by--
(A) Foreign Service officer and Foreign
Service specialist rank;
(B) civil service job skill code, grade
level, and bureau of assignment;
(C) contracted employees, including the
equivalent job skill code and bureau of
assignment;
(D) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including the equivalent
grade and job skill code and bureau of
assignment of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be
posted at each United States diplomatic post and in the
District of Columbia, with a detailed basis for such
recommendations.
(3) Recommendations on the number of civil service
officers that should be employed by the Department,
with a detailed basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary of State shall lead the
development of the plan required under subsection (a) but may
consult or partner with private sector entities with expertise
in labor economics, management, or human resources, as well as
organizations familiar with the demands and needs of the
Department of State's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages, the
effect of such shortages on national security objectives, and
the Department of State's plan to implement recommendations
described in GAO-19-220.
SEC. 7314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code,
as added by section 7312(b) of this Act, is amended by adding
at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title
5, United States Code, shall be limited to those contracts with
respect to which expenditures are a matter of public record and
available for public inspection, except if otherwise provided
under existing law, or under existing Executive order issued
pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter
103 of title 5, United States Code, as added by section 7312(b)
of this Act, is amended by adding after the item relating to
section 10301 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 7315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 7316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and''
and inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan
or'' and inserting ``Afghanistan, Yemen, Syria,
or''; and
(B) in clause (ii), by striking ``beginning
on October 1, 2005, and ending on September 30,
2009'' and inserting ``beginning on October 1,
2020, and ending on September 30, 2022''.
SEC. 7317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``suspend'' and inserting
``indefinitely suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following
new paragraphs:
``(5) For each member of the Service suspended under
paragraph (1)(A) whose security clearance remains suspended for
more than one calendar year, not later than 30 days after the
end of such calendar year the Secretary of State shall report
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate in writing regarding the specific reasons relating to
the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph
(1)(B) may be suspended without pay only after a final written
decision is provided to such member pursuant to paragraph
(2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A)
The term'' and inserting the following:
``(7) In this subsection, the term--'';
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and
moving such subparagraphs 2 ems to the left;
and
(D) by striking subparagraph (B) (relating to
the definition of ``suspend'' and
``suspension'').
SEC. 7318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the
Foreign Affairs Handbook apply with equal force and effect and
without exception to all Department of State personnel,
including the Secretary of State, Department employees, and
political appointees, regardless of an individual's status as a
Foreign Service officer, Civil Service employee, or political
appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a certification in
unclassified form that the applicability described in
subsection (a) has been communicated to all Department
personnel, including the personnel referred to in such
subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act and every 180 days
thereafter for five years, the Secretary of State shall
submit to the appropriate congressional committees a
report detailing all significant changes made to the
Foreign Affairs Manual or the Foreign Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding
the submission of such report. Each subsequent report
shall cover the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph
(1) shall contain the following:
(A) The location within the Foreign Affairs
Manual or the Foreign Affairs Handbook where a
change has been made.
(B) The statutory basis for each such change,
as applicable.
(C) A side-by-side comparison of the Foreign
Affairs Manual or Foreign Affairs Handbook
before and after such change.
(D) A summary of such changes displayed in
spreadsheet form.
SEC. 7319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or
prospective employee of the Department of State for a civilian
position categorized under the GS-0130 occupational series if
the Secretary determines that the individual possesses
significant scientific, technological, engineering, or
mathematical expertise that is integral to performing the
duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each
waiver granted under this subsection, the Secretary shall set
forth in a written document that is transmitted to the Director
of the Office of Personnel Management the rationale for the
decision of the Secretary to waive such requirements.
SEC. 7320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary of State may appoint, for a 3-year period that
may be extended for up to an additional two years, solely to
carry out the functions of the Global Engagement Center,
employees of the Department of State without regard to the
provisions of title 5, United States Code, governing
appointment in the competitive service, and may fix the basic
compensation of such employees without regard to chapter 51 and
subchapter III of chapter 53 of such title.
SEC. 7321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR
FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as
that term is defined in section 105), but does not
include the Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an
area in which the Armed Forces are engaging or have
engaged in combat, an area designated by law to be
treated as a combat zone, or a location the Department
of Defense has certified for combat zone tax benefits
due to its direct support of military operations;
``(3) the term `employee' has the meaning given that
term in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4803); and
``(5) the term `leave year' means the period
beginning on the first day of the first complete pay
period in a calendar year and ending on the day
immediately before the first day of the first complete
pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency
may prescribe regulations to grant up to 20 days of paid leave,
per leave year, for the purposes of rest and recuperation to an
employee of the agency serving in a combat zone, any other high
risk, high threat post, or any other location presenting
significant security or operational challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as
that term is defined in section 105), but does not
include the Government Accountability Office;
``(2) the term `employee' has the meaning given that
term in section 6301; and
``(3) the term `leave year' means the period
beginning with the first day of the first complete pay
period in a calendar year and ending with the day
immediately before the first day of the first complete
pay period in the following calendar year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid leave,
per leave year, to an employee of the agency serving abroad
where the conduct of business could pose potential security or
safety related risks or would be inconsistent with host-country
practice. Such regulations may provide that additional leave
days may be granted during such leave year if the head of the
agency determines that to do so is necessary to advance the
national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
SEC. 7322. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new
subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or
related support for private United States citizens,
nationals, and permanent resident aliens abroad, or
third country nationals connected to such persons or to
the diplomatic or development missions of the United
States abroad, who are unable to obtain such services
or support otherwise, with such assistance provided on
a reimbursable basis to the extent feasible.''.
SEC. 7323. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this section
referred to as the ``Program'') to offer internship
opportunities at the Department of State to eligible students
to raise awareness of the essential role of diplomacy in the
conduct of United States foreign policy and the realization of
United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the
Program, an applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as
such term is defined section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State;
(2) be able to receive and hold an appropriate
security clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish
selection criteria for students to be admitted into the Program
that includes the following:
(1) Demonstrable interest in a career in foreign
affairs.
(2) Academic performance.
(3) Such other criteria as determined by the
Secretary.
(d) Outreach.--The Secretary of State shall advertise the
Program widely, including on the internet, through the
Department of State's Diplomats in Residence program, and
through other outreach and recruiting initiatives targeting
undergraduate and graduate students. The Secretary shall
actively encourage people belonging to traditionally under-
represented groups in terms of racial, ethnic, geographic, and
gender diversity, and disability status to apply to the
Program, including by conducting targeted outreach at minority
serving institutions (as such term is described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the
Program shall be paid at least--
(A) the amount specified in section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)), or
(B) the minimum wage of the jurisdiction in
which the internship is located,
whichever is greater.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall
provide housing assistance to a student
participating in the Program whose permanent
address is within the United States if the
location of the internship in which such
student is participating is outside the United
States.
(B) Domestic.--The Secretary of State is
authorized to provide housing assistance to a
student participating in the Program whose
permanent address is within the United States
if the location of the internship in which such
student is participating is more than 50 miles
away from such student's permanent address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose
permanent address is within the United States financial
assistance to cover the costs of travel once to and
once from the location of the internship in which such
student is participating, including travel by air,
train, bus, or other transit as appropriate, if the
location of such internship is--
(A) more than 50 miles from such student's
permanent address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The
Secretary of State is authorized to enter into agreements with
institutions of higher education to structure internships to
ensure such internships satisfy criteria for academic programs
in which participants in such internships are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the
date of the enactment of this Act, the Secretary of
State shall transition all unpaid internship programs
of the Department, including the Foreign Service
Internship Program, to internship programs that offer
compensation. Upon selection as a candidate for entry
into an internship program of the Department after such
date, a participant in such internship program shall be
afforded the opportunity to forgo compensation,
including if doing so allows such participant to
receive college or university curricular credit.
(2) Exception.--The transition required under
paragraph (1) shall not apply in the case of unpaid
internship programs of the Department of State that are
part of the Virtual Student Federal Service internship
program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under this subsection to transition
an unpaid internship program of the Department
to an internship program that offers
compensation if the Secretary determines and
not later than 30 days after any such
determination submits to the appropriate
congressional committees a report that to do so
would not be consistent with effective
management goals.
(B) Report.--The report required under
subparagraph (A) shall describe the reason why
transitioning an unpaid internship program of
the Department to an internship program that
offers compensation would not be consistent
with effective management goals, including any
justification for maintaining such unpaid
status indefinitely, or any additional
authorities or resources necessary to
transition such unpaid program to offer
compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of a
Senate a report that includes the following:
(1) Data, to the extent collection of such
information is permissible by law, regarding the number
of students, disaggregated by race, ethnicity, gender,
institution of higher learning, home State, State where
each student graduated from high school, and disability
status, who applied to the Program, were offered a
position, and participated.
(2) Data on the number of security clearance
investigations started for such students and the
timeline for such investigations, including whether
such investigations were completed or if, and when, an
interim security clearance was granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be
construed to compel any student who is a participant in
an internship program of the Department of State to
participate in the collection of the data or divulge
any personal information. Such students shall be
informed that their participation in the data
collection contemplated by this section is voluntary.
(2) Privacy protection.--Any data collected under
this section shall be subject to the relevant privacy
protection statutes and regulations applicable to
Federal employees.
(j) Special Hiring Authority.--The Department of State may
offer compensated internships for not more than 52 weeks, and
select, appoint, employ, and remove individuals in such
compensated internships without regard to the provisions of law
governing appointments in the competitive service.
(k) Use of Funds.--Internships offered and compensated by the
Department subject to this section shall be funded by funds
authorized to be appropriated by section 7101.
SEC. 7324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY INSPECTORS
GENERAL TO SUPPORT THE LEAD IG MISSION.
Subparagraph (A) of section 8L(d)(5) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking ``a lead
Inspector General for'' and inserting ``any of the Inspectors
General specified in subsection (c) for oversight of''.
SEC. 7325. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall make explicit in writing to all Department of State
personnel, including the Secretary of State, Department
employees, contractors, and political appointees, and shall
consider updating the Foreign Affairs Manual and the Foreign
Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for an
interview or access to documents from the Office of the
Inspector General of the Department such personnel may be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension without pay or removal.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act and on a quarterly
basis thereafter, the Office of the Inspector General
of the Department of State and the United States Agency
for Global Media shall submit to the appropriate
congressional committees and the Secretary of State a
report in unclassified form detailing the following:
(A) The number of individuals who have failed
to comply within 60 days with a request for an
interview or access to documents from the
Office of the Inspector General pertaining to a
non-criminal matter.
(B) The date on which such requests were
initially made.
(C) Any extension of time that was
voluntarily granted to such individual by the
Office of the Inspector General.
(D) The general subject matters regarding
which the Office of the Inspector General has
requested of such individuals.
(2) Form.--Additional information pertaining solely
to the subject matter of a request described in
paragraph (1) may be provided in a supplemental
classified annex, if necessary, but all other
information required by the reports required under such
paragraph shall be provided in unclassified form.
SEC. 7326. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR CHILDREN WITH
SPECIAL EDUCATIONAL NEEDS CONSISTENT WITH THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department of
State shall maintain and update a list of overseas schools
receiving assistance from the Office and detailing the extent
to which each such school provides special education and
related services to children with disabilities in accordance
with part B of the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.). Each list required under this section
shall be posted on the public website of the Office for access
by members of the Foreign Service, Senior Foreign Service, and
their eligible family members.
SEC. 7327. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of
1980 (22 U.S.C. 4003) is amended by adding at the end the
following new subsection:
``(c)(1) A member of the Service or member of the Senior
Foreign Service whose performance will be evaluated by a
selection board may submit to such selection board a gap memo
in advance of such evaluation.
``(2) Members of a selection board may not consider as
negative the submission of a gap memo by a member described in
paragraph (1) when evaluating the performance of such member.
``(3) In this subsection, the term `gap memo' means a written
record, submitted to a selection board in a standard format
established by the Director General of the Foreign Service,
which indicates and explains a gap in the record of a member of
the Service or member of the Senior Foreign Service whose
performance will be evaluated by such selection board, which
gap is due to personal circumstances, including for health,
family, or other reason as determined by the Director General
in consultation with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the
date of the enactment of this Act, the Director General
of the Foreign Service shall consult with the Committee
on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate
regarding the development of the gap memo under
subsection (c) of section 603 of the Foreign Service
Act of 1980, as added by subsection (a).
(2) Definition.--In this subsection, the term ``gap
memo'' has the meaning given such term in subsection
(c) of section 603 of the Foreign Service Act of 1980.
Subtitle D--A Diverse Workforce: Recruitment, Retention, and Promotion
SEC. 7401. DEFINITIONS.
In this subtitle:
(1) Applicant flow data.--The term ``applicant flow
data'' means data that tracks the rate of applications
for job positions among demographic categories.
(2) Demographic data.--The term ``demographic data''
means facts or statistics relating to the demographic
categories specified in the Office of Management and
Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity'' (81 Fed. Reg.
67398).
(3) Diversity.--The term ``diversity'' means those
classes of persons protected under the Civil Rights Act
of 1964 (42 U.S.C. 2000a et seq.) and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the
civil service (as such term is defined in
section 2101 of title 5, United States Code);
(B) individuals who are members of the
Foreign Service (as such term defined in
section 103 of the Foreign Service Act of 1980
(22 U.S.C. 3902));
(C) all individuals serving under a personal
services contract;
(D) all individuals serving under a Foreign
Service limited appointment under section 309
of the Foreign Service Act of 1980 (22 U.S.C.
3949); or
(E) individuals other than Locally Employed
Staff working in the Department of State under
any other authority.
SEC. 7402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall, in
consultation with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget, submit to the appropriate congressional committees a
report, which shall also be published on a publicly available
website of the Department in a searchable database format, that
includes disaggregated demographic data and other information
regarding the diversity of the workforce of the Department of
State.
(b) Data.--The report under subsection (a) shall include the
following data to the maximum extent collection of such data is
permissible by law:
(1) Demographic data on each element of the workforce
of the Department of State, disaggregated by rank and
grade or grade-equivalent, with respect to the
following groups:
(A) Applicants for positions in the
Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 5-year
period ending on the date of the enactment of
this Act, including promotions to and within
the Senior Executive Service or the Senior
Foreign Service.
(D) Individuals serving during the 5-year
period ending on the date of the enactment of
this Act as special assistants in any of the
offices of the Secretary of State, the Deputy
Secretary of State, the Counselor of the
Department of State, the Secretary's Policy
Planning Staff, the Under Secretary for Arms
Control and International Security, the Under
Secretary for Civilian Security, Democracy, and
Human Rights, the Under Secretary for Economic
Growth, Energy, and the Environment, the
Undersecretary for Management, the
Undersecretary of State for Political Affairs,
and the Undersecretary for Public Diplomacy and
Public Affairs.
(E) Individuals serving in the 5-year period
ending on the date of the enactment of this Act
in each bureau's front office.
(F) Individuals serving in the 5-year period
ending on the date of the enactment of this Act
as detailees to the National Security Council.
(G) Individuals serving on applicable
selection boards.
(H) Members of any external advisory
committee or board who are subject to
appointment by individuals at senior positions
in the Department.
(I) Individuals participating in professional
development programs of the Department, and the
extent to which such participants have been
placed into senior positions within the
Department after such participation.
(J) Individuals participating in mentorship
or retention programs.
(K) Individuals who separated from the agency
during the 5-year period ending on the date of
the enactment of this Act, including
individuals in the Senior Executive Service or
the Senior Foreign Service.
(2) An assessment of agency compliance with the
essential elements identified in Equal Employment
Opportunity Commission Management Directive 715,
effective October 1, 2003.
(3) Data on the overall number of individuals who are
part of the workforce, the percentages of such
workforce corresponding to each element specified in
section 1401(4), and the percentages corresponding to
each rank, grade, or grade-equivalent.
(c) Recommendation.--The Secretary of State may include in
the report under subsection (a) a recommendation to the
Director of Office of Management and Budget and to the
appropriate congressional committees regarding whether the
Department of State should be permitted to collect more
detailed data on demographic categories in addition to the race
and ethnicity categories specified in the Office of Management
and Budget statistical policy directive entitled ``Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity'' (81 Fed. Reg. 67398), in order to comply
with the intent and requirements of this Act.
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department of State--
(1) to propagate fairness, impartiality, and
inclusion in the work environment, both domestically
and abroad;
(2) to enforce anti-harassment and anti-
discrimination policies, both domestically and at posts
overseas;
(3) to refrain from engaging in unlawful
discrimination in any phase of the employment process,
including recruitment, hiring, evaluation, assignments,
promotion, retention, and training;
(4) to prevent retaliation against employees for
participating in a protected equal employment
opportunity activity or for reporting sexual harassment
or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with
disabilities, and minorities;
(B) recruiting at women's colleges,
historically Black colleges and universities,
minority-serving institutions, and other
institutions serving a significant percentage
of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women
and minorities;
(D) sponsoring and recruiting at job fairs in
urban and rural communities and land-grant
colleges or universities;
(E) providing opportunities through the
Foreign Service Internship Program under
chapter 12 of the Foreign Service Act of 1980
(22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to
increase representation in international
affairs of people belonging to traditionally
under-represented groups;
(G) offering the Foreign Service written and
oral assessment examinations in several
locations throughout the United States to
reduce the burden of applicants having to
travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships;
and
(I) supporting recruiting and hiring
opportunities through--
(i) the Charles B. Rangel
International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including
agency-wide policy initiatives.
(e) Annual Updates.--Not later than one year after the
publication of the report required under subsection (a) and
annually thereafter for the following five years, the Secretary
of State shall work with the Director of the Office of
Personnel Management and the Director of the Office of
Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the
Department's website, which may be included in another annual
report required under another provision of law, that includes--
(1) disaggregated demographic data, to the maximum
extent collection of such data is permissible by law,
relating to the workforce and information on the status
of diversity and inclusion efforts of the Department;
(2) an analysis of applicant flow data, to the
maximum extent collection of such data is permissible
by law,; and
(3) disaggregated demographic data relating to
participants in professional development programs of
the Department and the rate of placement into senior
positions for participants in such programs.
SEC. 7403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department of State--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the
Department; and
(2) to receive feedback on workplace policies,
professional development opportunities, and other
issues affecting the decision of individuals in the
workforce to remain in the Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the Department
of State who separates from service with the Department to
better understand the reasons of such individual for leaving
such service.
(c) Use of Analysis From Interviews.--The Director General of
the Foreign Service and the Director of the Bureau of Human
Resources or its equivalent shall analyze demographic data and
other information obtained through interviews under subsections
(a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results;
and
(2) whether to implement any policy changes or
include any recommendations in a report required under
subsection (a) or (e) of section 1402 relating to the
determination reached pursuant to paragraph (1).
(d) Tracking Data.--The Department of State shall--
(1) track demographic data relating to participants
in professional development programs and the rate of
placement into senior positions for participants in
such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with
merit system principles; and
(B) to understand the extent to which
participation in any professional development
program offered or sponsored by the Department
differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 7404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of State shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign
Service and the Director of the Bureau of Human
Resources of the Department of State to have a
recruitment plan of action for the recruitment of
people belonging to traditionally under-represented
groups, which should include outreach at appropriate
colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(2) placing job advertisements in newspapers,
magazines, and job sites oriented toward diverse
groups;
(3) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on
diversity recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations
dedicated to the advancement of the profession of
international affairs and national security to advance
shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-
discrimination.--
(1) In general.--The Secretary of State shall,
through the Foreign Service Institute and other
educational and training opportunities--
(A) ensure the provision to all individuals
in the workforce of training on anti-harassment
and anti-discrimination information and
policies, including in existing Foreign Service
Institute courses or modules prioritized in the
Department of State's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote
diversity in Bureau awards or mitigate
unconscious bias;
(B) expand the provision of training on
workplace rights and responsibilities to focus
on anti-harassment and anti-discrimination
information and policies, including policies
relating to sexual assault prevention and
response; and
(C) make such expanded training mandatory
for--
(i) individuals in senior and
supervisory positions;
(ii) individuals having
responsibilities related to
recruitment, retention, or promotion of
employees; and
(iii) any other individual determined
by the Department who needs such
training based on analysis by the
Department or OPM analysis.
(2) Best practices.--The Department of State shall
give special attention to ensuring the continuous
incorporation of research-based best practices in
training provided under this subsection.
SEC. 7405. PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL SECURITY
WORKFORCE.
(a) In General.--The Secretary of State shall ensure that
individuals in senior and supervisory positions of the
Department of State, or Department individuals having
responsibilities related to recruitment, retention, or
promotion of employees, should have a demonstrated commitment
to equal opportunity, diversity, and inclusion.
(b) Consideration.--In making any recommendations on
nominations, conducting interviews, identifying or selecting
candidates, or appointing acting individuals for positions
equivalent to an Assistant Secretary or above, the Secretary of
State shall use best efforts to consider at least one
individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary of State shall
establish a mechanism to ensure that appointments or
details of Department of State employees to staff
positions in the Offices of the Secretary, the Deputy
Secretary, the Counselor of the Department, the
Secretary's Policy Planning Staff, or any of the
Undersecretaries of State, and details to the National
Security Council, are transparent, competitive,
equitable, and inclusive, and made without regard to an
individual's race, color, religion, sex (including
pregnancy, transgender status, or sexual orientation),
national origin, age (if 40 or older), disability, or
genetic information.
(2) 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 regarding the mechanism required under paragraph
(1).
(d) Availability.--The Secretary of State shall use best
efforts to consider at least one individual reflective of
diversity for the staff positions specified in subsection
(c)(1) and ensure such positions are equitably available to
employees of the civil service and Foreign Service.
SEC. 7406. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary of State shall
implement performance and advancement requirements that
reward and recognize the efforts of individuals in
senior positions and supervisors in the Department of
State in fostering an inclusive environment and
cultivating talent consistent with merit system
principles, such as through participation in mentoring
programs or sponsorship initiatives, recruitment
events, and other similar opportunities.
(2) Outreach events.--The Secretary of State shall
create opportunities for individuals in senior
positions and supervisors in the Department of State to
participate in outreach events and to discuss issues
relating to diversity and inclusion with the workforce
on a regular basis, including with employee resource
groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department of State appoint members,
the Secretary of State is strongly encouraged by Congress to
ensure such external advisory committee or board is developed,
reviewed, and carried out by qualified teams that represent the
diversity of the organization.
SEC. 7407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary of State is authorized
to expand professional development opportunities that
support the mission needs of the Department of State,
such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions
in--
(i) private or international
organizations;
(ii) State, local, and Tribal
governments;
(iii) other branches of the Federal
Government; or
(iv) professional schools of
international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary of State shall
offer, or sponsor members of the workforce to
participate in, a Senior Executive Service
candidate development program or other program
that trains members on the skills required for
appointment to senior positions in the
Department of State.
(B) Requirements.--In determining which
members of the workforce are granted
professional development or career advancement
opportunities under subparagraph (A), the
Secretary of State shall--
(i) ensure any program offered or
sponsored by the Department of State
under such subparagraph comports with
the requirements of subpart C of part
412 of title 5, Code of Federal
Regulations, or any successor thereto,
including merit staffing and assessment
requirements;
(ii) consider the number of expected
vacancies in senior positions as a
factor in determining the number of
candidates to select for such programs;
(iii) understand how participation in
any program offered or sponsored by the
Department under such subparagraph
differs by gender, race, national
origin, disability status, or other
demographic categories; and
(iv) actively encourage participation
from a range of demographic categories,
especially from categories with
consistently low participation.
SEC. 7408. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should offer both the Foreign Service
written examination and oral assessment in more locations
throughout the United States. Doing so would ease the financial
burden on potential candidates who do not currently reside in
and must travel at their own expense to one of the few
locations where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting:
``(1) The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners
for the Foreign Service annually offers the oral assessment
examinations described in paragraph (1) in cities, chosen on a
rotating basis, located in at least three different time zones
across the United States.''.
SEC. 7409. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program
may conduct outreach to attract outstanding students with an
interest in pursuing a Foreign Service career who represent
diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary of State shall
review past programs designed to increase minority
representation in international affairs positions.
SEC. 7410. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this subtitle should be construed
so as to compel any employee to participate in the collection
of the data or divulge any personal information. Department of
State employees shall be informed that their participation in
the data collection contemplated by this subtitle is voluntary.
(b) Privacy Protection.--Any data collected under this
subtitle shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
Subtitle E--Information Security
SEC. 7501. DEFINITIONS.
In this subtitle:
(1) 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)).
(2) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of
the Senate; and
(C) the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 7502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State, in consultation with the Director of National
Intelligence, shall develop or maintain, as the case may be,
and update as frequently as the Secretary determines
appropriate, a list of covered contractors with respect to
which the Department should seek to avoid entering into
contracts. Not later than 30 days after the initial development
of the list under this subsection, any update thereto, and
annually thereafter for five years after such initial 30 day
period, the Secretary shall submit to the appropriate
congressional committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology
equipment, including hardware, software, or services, that has
knowingly assisted or facilitated a cyber attack or conducted
surveillance, including passive or active monitoring, carried
out against--
(1) the United States by, or on behalf of, any
government, or persons associated with such government,
listed as a cyber threat actor in the intelligence
community's 2017 assessment of worldwide threats to
United States national security or any subsequent
worldwide threat assessment of the intelligence
community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the
purposes of suppressing dissent or intimidating
critics, on behalf of a country included in the annual
country reports on human rights practices of the
Department for systematic acts of political repression,
including arbitrary arrest or detention, torture,
extrajudicial or politically motivated killing, or
other gross violations of human rights.
SEC. 7503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED
RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE
PUBLIC TRUST OF THE AMERICAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that all
officers and employees of the Department and the United States
Agency for International Development are obligated under
chapter 31 of title 44, United States Code (popularly referred
to as the Federal Records Act of 1950), to create and preserve
records containing adequate and proper documentation of the
organization, functions, policies, decisions, procedures, and
essential transactions or operations of the Department and
United States embassies, consulates, and missions abroad,
including records of official communications with foreign
government officials or other foreign entities.
(b) Certification.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a certification in
unclassified form that Secretary has communicated to all
Department personnel, including the Secretary of State and all
political appointees, that such personnel are obligated under
chapter 31 of title 44, United States Code, to treat electronic
messaging systems, software, and applications as equivalent to
electronic mail for the purpose of identifying Federal records.
SEC. 7504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking
``30''and inserting ``25''; and
(B) in subsection (c)(1)(C), by striking
``30'' and inserting ``25''.
SEC. 7505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty
program'' means a program under which an approved
individual, organization, or company is temporarily
authorized to identify and report vulnerabilities of
internet-facing information technology of the
Department of State in exchange for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section
11101 of title 40, United States Code.
(b) Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall design, establish, and make publicly known
a Vulnerability Disclosure Process (VDP) to improve
Department of State cybersecurity by--
(A) providing security researchers with clear
guidelines for--
(i) conducting vulnerability
discovery activities directed at
Department information technology; and
(ii) submitting discovered security
vulnerabilities to the Department; and
(B) creating Department procedures and
infrastructure to receive and fix discovered
vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant
to paragraph (1), the Secretary of State shall--
(A) identify which Department of State
information technology should be included in
the process;
(B) determine whether the process should
differentiate among and specify the types of
security vulnerabilities that may be targeted;
(C) provide a readily available means of
reporting discovered security vulnerabilities
and the form in which such vulnerabilities
should be reported;
(D) identify which Department offices and
positions will be responsible for receiving,
prioritizing, and addressing security
vulnerability disclosure reports;
(E) consult with the Attorney General
regarding how to ensure that individuals,
organizations, and companies that comply with
the requirements of the process are protected
from prosecution under section 1030 of title
18, United States Code, and similar provisions
of law for specific activities authorized under
the process;
(F) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 Vulnerability Disclosure
Program, ``Hack the Pentagon'', and subsequent
Department of Defense bug bounty programs;
(G) engage qualified interested persons,
including nongovernmental sector
representatives, about the structure of the
process as constructive and to the extent
practicable; and
(H) award contracts to entities, as
necessary, to manage the process and implement
the remediation of discovered security
vulnerabilities.
(3) Annual reports.--Not later than 180 days after
the establishment of the VDP under paragraph (1) and
annually thereafter for the next five years, the
Secretary of State shall submit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report
on the VDP, including information relating to the
following:
(A) The number and severity of all security
vulnerabilities reported.
(B) The number of previously unidentified
security vulnerabilities remediated as a
result.
(C) The current number of outstanding
previously unidentified security
vulnerabilities and Department of State
remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and
remediation of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security
vulnerability remediation.
(F) Any other information the Secretary
determines relevant.
(c) Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
State shall establish a bug bounty pilot program to
minimize security vulnerabilities of internet-facing
information technology of the Department of State.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary of State
shall--
(A) provide compensation for reports of
previously unidentified security
vulnerabilities within the websites,
applications, and other internet-facing
information technology of the Department of
State that are accessible to the public;
(B) award contracts to entities, as
necessary, to manage such pilot program and for
executing the remediation of security
vulnerabilities identified pursuant to
subparagraph (A);
(C) identify which Department of State
information technology should be included in
such pilot program;
(D) consult with the Attorney General on how
to ensure that individuals, organizations, or
companies that comply with the requirements of
such pilot program are protected from
prosecution under section 1030 of title 18,
United States Code, and similar provisions of
law for specific activities authorized under
such pilot program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot
program and subsequent Department of Defense
bug bounty programs;
(F) develop a process by which an approved
individual, organization, or company can
register with the entity referred to in
subparagraph (B), submit to a background check
as determined by the Department of State, and
receive a determination as to eligibility for
participation in such pilot program;
(G) engage qualified interested persons,
including nongovernmental sector
representatives, about the structure of such
pilot program as constructive and to the extent
practicable; and
(H) consult with relevant United States
Government officials to ensure that such pilot
program complements persistent network and
vulnerability scans of the Department of
State's internet-accessible systems, such as
the scans conducted pursuant to Binding
Operational Directive BOD-19-02 or successor
directive.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not
last longer than one year.
(4) Report.--Not later than 180 days after the date
on which the bug bounty pilot program under subsection
(a) is completed, the Secretary of State shall submit
to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives a report on such pilot program,
including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such
pilot program, broken down by the number of
approved individuals, organizations, or
companies that--
(i) registered;
(ii) were approved;
(iii) submitted security
vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such pilot
program;
(C) the number of previously unidentified
security vulnerabilities remediated as a result
of such pilot program;
(D) the current number of outstanding
previously unidentified security
vulnerabilities and Department remediation
plans;
(E) the average length of time between the
reporting of security vulnerabilities and
remediation of such vulnerabilities;
(F) the types of compensation provided under
such pilot program; and
(G) the lessons learned from such pilot
program.
(d) Use of Funds.--Compensation offered by the Department
subject to this section shall be funded by funds authorized to
be appropriated by section 7101.
Subtitle F--Public Diplomacy
SEC. 7601. SHORT TITLE.
This subtitle may be cited as the ``Public Diplomacy
Modernization Act of 2021''.
SEC. 7602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of
the Department of State; and
(2) maximize shared use of resources between, and
within, such public diplomacy bureaus and offices in
cases in which programs, facilities, or administrative
functions are duplicative or substantially overlapping.
SEC. 7603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary of
State, acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the
research and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State shall appoint a Director of Research and
Evaluation (referred to in this subsection as the
``Director'') in the Office of Policy, Planning, and
Resources for Public Diplomacy and Public Affairs of
the Department.
(2) Limitation on appointment.--The appointment of
the Director pursuant to paragraph (1) shall not result
in an increase in the overall full-time equivalent
positions within the Department of State.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs and
activities of the Department of State in order
to--
(i) improve public diplomacy
strategies and tactics; and
(ii) ensure that such programs and
activities are increasing the
knowledge, understanding, and trust of
the United States by relevant target
audiences;
(B) routinely organize and oversee audience
research, digital analytics, and impact
evaluations across all public diplomacy bureaus
and offices of the Department;
(C) support United States diplomatic posts'
public affairs sections;
(D) share appropriate public diplomacy
research and evaluation information within the
Department and with other appropriate Federal
departments and agencies;
(E) regularly design and coordinate
standardized research questions, methodologies,
and procedures to ensure that public diplomacy
programs and activities across all public
diplomacy bureaus and offices are designed to
meet appropriate foreign policy objectives; and
(F) report biannually to the United States
Advisory Commission on Public Diplomacy,
through the Subcommittee on Research and
Evaluation established pursuant to subsection
(f), regarding the research and evaluation of
all public diplomacy bureaus and offices.
(4) Guidance and training.--Not later than one year
after the appointment of the Director pursuant to
paragraph (1), the Director shall develop guidance and
training, including curriculum for use by the Foreign
Service Institute, for all public diplomacy officers of
the Department regarding the reading and interpretation
of public diplomacy program and activity evaluation
findings to ensure that such findings and related
lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and
activities of the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department of State shall ensure that
research and evaluation of public diplomacy and
activities of the Department, as coordinated and
overseen by the Director pursuant to subsection (b),
supports strategic planning and resource allocation
across all public diplomacy bureaus and offices of the
Department.
(2) Allocation of resources.--Amounts allocated for
the purpose of research and evaluation of public
diplomacy programs and activities of the Department of
State pursuant to subsection (b) shall be made
available to be disbursed at the direction of the
Director of Research and Evaluation among the research
and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress
that the Department of State should gradually increase
its allocation of funds made available under the
headings ``Educational and Cultural Exchange Programs''
and ``Diplomatic Programs'' for research and evaluation
of public diplomacy programs and activities of the
Department pursuant to subsection (b) to a percentage
of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for the
purpose of audience research, monitoring, and evaluations, and
in connection with the Department's activities conducted
pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 22 U.S.C. 2656 note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department of State shall
maintain, collect, use, and disseminate records (as
such term is defined in section 552a(a)(4) of title 5,
United States Code) for audience research, digital
analytics, and impact evaluation of communications
related to public diplomacy efforts intended for
foreign audiences.
(2) Conditions.--Audience research, digital
analytics, and impact evaluations under paragraph (1)
shall be--
(A) reasonably tailored to meet the purposes
of this subsection; and
(B) carried out with due regard for privacy
and civil liberties guidance and oversight.
(f) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The
United States Advisory Commission on Public Diplomacy
shall establish a Subcommittee on Research and
Evaluation to monitor and advise regarding audience
research, digital analytics, and impact evaluations
carried out by the Department of State and the United
States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall
submit to the appropriate congressional committees an
annual report, in conjunction with the United States
Advisory Commission on Public Diplomacy's Comprehensive
Annual Report on the performance of the Department and
the United States Agency for Global Media, describing
all actions taken by the Subcommittee pursuant to
paragraph (1) and any findings made as a result of such
actions.
SEC. 7604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
(a) In General.--Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset''
and inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
(b) Clerical Amendment.--The table of contents in section
1002(b) of the Foreign Affairs Reform and Restructuring Act of
1998 is amended by amending the item relating to section 1334
to read as follows:
``Sec. 1334. Continuation of United States Advisory Commission on Public
Diplomacy.''.
SEC. 7605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of State
shall establish a working group to explore the possibilities
and cost-benefit analysis of transitioning to a shared services
model as such pertains to human resources, travel, purchasing,
budgetary planning, and all other executive support functions
for all bureaus of the Department that report to the Under
Secretary for Public Diplomacy of the Department.
(b) Report.--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 plan to implement
any such findings of the working group established under
subsection (a).
SEC. 7606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall adopt,
and include in the Foreign Affairs Manual, guidelines to
collect and utilize information from each diplomatic post at
which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or any
other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection (a)
shall include the following:
(1) Standardized notification to each chief of
mission at a diplomatic post describing the
requirements of the Secure Embassy Construction and
Counterterrorism Act of 1999 and the impact on the
mission footprint of such requirements.
(2) An assessment and recommendations from each chief
of mission of potential impacts to public diplomacy
programming at such diplomatic post if any public
diplomacy facility referred to in subsection (a) is
closed or staff is co-located in accordance with such
Act.
(3) A process by which assessments and
recommendations under paragraph (2) are considered by
the Secretary of State and the appropriate Under
Secretaries and Assistant Secretaries of the
Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy
compound or new consulate compound design, of the
intent to close any such public diplomacy facility or
co-locate public diplomacy staff in accordance with
such Act.
(c) Report.--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 containing
the guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 7607. DEFINITIONS.
In this subtitle:
(1) Audience research.--The term ``audience
research'' means research conducted at the outset of a
public diplomacy program or the outset of campaign
planning and design regarding specific audience
segments to understand the attitudes, interests,
knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital
analytics'' means the analysis of qualitative and
quantitative data, accumulated in digital format, to
indicate the outputs and outcomes of a public diplomacy
program or campaign.
(3) Impact evaluation.--The term ``impact
evaluation'' means an assessment of the changes in the
audience targeted by a public diplomacy program or
campaign that can be attributed to such program or
campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with
respect to the Department, the following:
(A) The Bureau of Educational and Cultural
Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and
Resources for Public Diplomacy and Public
Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the
regional and functional bureaus.
Subtitle G--Combating Public Corruption
SEC. 7701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the
United States to help foreign countries promote good
governance and combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign
countries and enhance such countries' ability to combat
public corruption; and
(3) the Department of State should--
(A) promote coordination among the Federal
departments and agencies implementing programs
to promote good governance and combat public
corruption in foreign countries in order to
improve effectiveness and efficiency; and
(B) identify areas in which United States
efforts to help other countries promote good
governance and combat public corruption could
be enhanced.
SEC. 7702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2022 through 2027,
the Secretary of State shall assess the capacity and commitment
of foreign governments to which the United States provides
foreign assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C.
2751 et seq.) to combat public corruption. Each such assessment
shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in
the public sector in such countries, including the
extent to which public power is exercised for private
gain, to identify those countries that are most
vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country
identified under paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and
educate the public, including potential
victims, about the causes and consequences of
public corruption;
(B) has enacted laws and established
government structures, policies, and practices
that prohibit public corruption;
(C) enforces such laws through a fair
judicial process;
(D) vigorously investigates, prosecutes,
convicts, and sentences public officials who
participate in or facilitate public corruption,
including nationals of such country who are
deployed in foreign military assignments, trade
delegations abroad, or other similar missions
who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for
serious and significant corruption that is
commensurate with the punishment prescribed for
serious crimes;
(F) prescribes appropriate punishment for
significant corruption that provides a
sufficiently stringent deterrent and adequately
reflects the nature of the offense;
(G) convicts and sentences persons
responsible for such acts that take place
wholly or partly within the country of such
government, including, as appropriate,
requiring the incarceration of individuals
convicted of such acts;
(H) holds private sector representatives
accountable for their role in public
corruption; and
(I) addresses threats for civil society to
monitor anti-corruption efforts;
(3) further consider--
(A) verifiable measures taken by the
government of a country identified under
paragraph (1) to prohibit government officials
from participating in, facilitating, or
condoning public corruption, including the
investigation, prosecution, and conviction of
such officials;
(B) the extent to which such government
provides access, or, as appropriate, makes
adequate resources available, to civil society
organizations and other institutions to combat
public corruption, including reporting,
investigating, and monitoring;
(C) the extent to which an independent
judiciary or judicial body in such country is
responsible for, and effectively capable of,
deciding public corruption cases impartially,
on the basis of facts and in accordance with
law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from
any source or for any reason;
(D) the extent to which such government
cooperates meaningfully with the United States
to strengthen government and judicial
institutions and the rule of law to prevent,
prohibit, and punish public corruption; and
(E) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other
cooperative efforts to combat serious,
significant corruption, including
cooperating with the governments of
other countries to extradite corrupt
actors;
(ii) recognizes the rights of victims
of public corruption, ensures their
access to justice, and takes steps to
prevent such victims from being further
victimized or persecuted by corrupt
actors, government officials, or
others; and
(iii) refrains from prosecuting
legitimate victims of public corruption
or whistleblowers due to such persons
having assisted in exposing public
corruption, and refrains from other
discriminatory treatment of such
persons; and
(4) contain such other information relating to public
corruption as the Secretary of State considers
appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary of State shall identify, of the
countries described in subsection (a)(1)--
(1) which countries are meeting minimum standards to
combat public corruption;
(2) which countries are not meeting such minimum
standards but are making significant efforts to do so;
and
(3) which countries are not meeting such minimum
standards and are not making significant efforts to do
so.
(c) Report.--Except as provided in subsection (d), not later
than 180 days after the date of the enactment of this Act and
annually thereafter through fiscal year 2027, the Secretary of
State shall submit to the appropriate congressional committees,
the Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the
Senate a report, and make such report publicly available,
that--
(1) identifies the countries described in subsection
(a)(1) and paragraphs (2) and (3) of subsection (b);
(2) describes the methodology and data utilized in
the assessments under subsection (a); and
(3) identifies the reasons for the identifications
referred to in paragraph (1).
(d) Briefing in Lieu of Report.--The Secretary of State may
waive the requirement to submit and make publicly available a
written report under subsection (c) if the Secretary--
(1) determines that publication of such report
would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the
United States; and
(2) provides to the appropriate congressional
committees a briefing that--
(A) identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of
subsection (b);
(B) describes the methodology and data
utilized in the assessment under subsection
(a); and
(C) identifies the reasons for the
identifications referred to in subparagraph
(A).
SEC. 7703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of
section 1702(b), the Secretary of State, in coordination with
the Administrator of the United States Agency for International
Development, as appropriate, shall--
(1) ensure that a corruption risk assessment and
mitigation strategy is included in the integrated
country strategy for such country; and
(2) utilize appropriate mechanisms to combat
corruption in such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses
in contracts, grants, and cooperative
agreements entered into by the Department of
State or the United States Agency for
International Development for or in such
countries, which allow for the termination of
such contracts, grants, or cooperative
agreements, as the case may be, without penalty
if credible indicators of public corruption are
discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement
instruments of the Department of State and the
United States Agency for International
Development that provide for the recovery of
funds misappropriated through corruption;
(C) the appropriate disclosure to the United
States Government, in confidential form, if
necessary, of the beneficial ownership of
contractors, subcontractors, grantees,
cooperative agreement participants, and other
organizations implementing programs on behalf
of the Department of State or the United States
Agency for International Development; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated
resources and equipment.
SEC. 7704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified under
paragraphs (2) and (3) of section 1702(b), or which the
Secretary otherwise determines is in need of such a point of
contact. The point of contact shall be the chief of mission or
the chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for
coordinating and overseeing the implementation of a whole-of-
government approach among the relevant Federal departments and
agencies operating programs that--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries to--
(A) combat public corruption; and
(B) develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
Subtitle H--Other Matters
SEC. 7801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking
``sixty'' and inserting ``30''; and
(B) in the second sentence, by striking
``Committee on International Relations'' and
inserting ``Committee on Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States
Government that enters into any international agreement
described in subsection (a) on behalf of the United States,
shall designate a Chief International Agreements Officer, who--
``(1) shall be a current employee of such department
or agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-
wide responsibility for efficient and appropriate
compliance with subsection (a) to transmit the text of
any international agreement to the Department of State
expeditiously after such agreement has been signed.''.
SEC. 7802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following ``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows
and inserting ``determines, after consultation with the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate, that assistance for such
country is in the national interest of the United
States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country which
is in default during a period in excess of 1 calendar year in
payment to the United States of principal or interest or any
loan made to the government of such country by the United
States unless the President determines, following consultation
with the congressional committees specified in paragraph (1),
that assistance for such country is in the national interest of
the United States.''.
SEC. 7803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN
ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014
(22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,''
after ``access cases''; and
(ii) by inserting ``and the number of
children involved'' before the
semicolon at the end;
(B) in subparagraph (D), by inserting
``respectively, the number of children
involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon
at the end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the
Department of State has assigned to case officers and
number of children involved for each country and as a
total for all countries.''.
SEC. 7804. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic
buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic
buildings'' and inserting ``and
historic buildings, and unimpeded
access to those sites''; and
(ii) by striking ``and protected''
and inserting ``, protected, and made
accessible''; and
(B) in paragraph (3), by striking ``and
protecting'' and inserting ``, protecting, and
making accessible''.
(3) In section 312305, by inserting ``and to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate'' after ``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains an evaluation of the extent to
which the Commission is prepared to continue its activities and
accomplishments with respect to the foreign heritage of United
States citizens from eastern and central Europe, were the
Commission's duties and powers extended to include other
regions, including the Middle East and North Africa, and any
additional resources or personnel the Commission would require.
SEC. 7805. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of the
authority pursuant to section 127e of title 10, United State
Code, or section 1202 of the National Defense Authorization Act
for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and
consult in a timely manner with relevant individuals at
relevant missions or bureaus of the Department of
State; and
(2) the Secretary of State shall take such steps as
may be necessary to ensure that such relevant
individuals have the security clearances necessary and
access to relevant compartmented and special programs
to so consult in a timely manner with respect to such
concurrence.
SEC. 7806. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK
FORCE.
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, the Committee on Armed
Services of the House of Representatives, and the Committee on
Armed Services of the Senate a report evaluating the efforts of
the Coronavirus Repatriation Task Force of the Department of
State to repatriate United States citizens and legal permanent
residents in response to the 2020 coronavirus outbreak. The
report shall identify--
(1) the most significant impediments to repatriating
such persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation
efforts of the Department of State to incorporate such
lessons learned.
----------
287. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Add at the end of subsection (c) of title XII of division A
the following:
SEC. 12__. CONGRESSIONAL NOTIFICATION REGARDING CRYPTOCURRENCY PAYMENTS
BY THE DEPARTMENT OF STATE.
(a) In General.--Subsection (e) of section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is
amended by adding at the end the following new paragraph:
``(7) Notification.--The Secretary of State shall
notify the appropriate congressional committees not
later than 15 days before payment in cryptocurrency of
a reward under this section.''.
(b) Report.--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
cryptocurrency as a part of the Department of State Rewards
Program pursuant to section 36 of the of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708). Such report
shall--
(1) explain why the Department of State made the
determination to pay out rewards in cryptocurrency;
(2) lists each cryptocurrency payment already paid by
the Department;
(3) provides evidence as to why cryptocurrency
payments would be more likely to induce whistleblowers
to come forward with information than rewards paid out
in United States dollars or other prizes;
(4) analyzes how the Department's use of
cryptocurrency could undermine the dollar's status as
the global reserve currency; and
(5) examines if the Department's use of
cryptocurrency could provide bad actors with additional
hard-to-trace funds that could be used for criminal or
illicit purposes.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate.
----------
288. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. PROHIBITION ON CONTRIBUTIONS TO SUPPORT THE G5 SAHEL JOINT
FORCE.
No Federal funds may be authorized to be appropriated or
otherwise made available for assessed contributions to the
United Nations that support the Joint Force of the Group of
Five for the Sahel, also known as the G5 Sahel Joint Force, as
comprised on the date of the enactment of this Act or any
future iterations thereof, to protect the integrity of Chapter
VII of the United Nations Charter (Action with Respect to
Threats to the Peace, Breaches of the Peace, and Acts of
Aggression).
----------
289. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--GLOBAL PANDEMIC PREVENTION AND BIOSECURITY
SEC. 7001. SHORT TITLE.
This division may be cited as the ``Global Pandemic
Prevention and Biosecurity Act''.
SEC. 7002. STATEMENT OF POLICY.
It shall be the policy of the United States Government to--
(1) support improved community health, forest
management, sustainable agriculture, and safety of
livestock production in developing countries;
(2) support the availability of scalable and
sustainable alternative animal and plant-sourced
protein for local communities, where appropriate, in
order to minimize human reliance on the trade in live
wildlife and raw or unprocessed wildlife parts and
derivatives;
(3) support foreign governments to--
(A) transition from the sale of such wildlife
for human consumption in markets and
restaurants to alternate protein and
nutritional sources;
(B) prevent commercial trade in live wildlife
and raw or unprocessed wildlife parts and
derivatives that risks contributing to zoonotic
spillover events between animals and humans,
not to include commercial trade in--
(i) fish;
(ii) invertebrates;
(iii) amphibians;
(iv) reptiles; or
(v) the meat of game species--
(I) traded in markets in
countries with effective
implementation and enforcement
of scientifically based,
nationally implemented policies
and legislation for processing,
transport, trade, marketing;
and
(II) sold after being
slaughtered and processed under
sanitary conditions; and
(C) establish and effectively manage
protected and conserved areas, including in
tropical landscapes, and including indigenous
and community-conserved areas;
(4) encourage development projects that do not
contribute to the destruction, fragmentation or
degradation of forests or loss of biodiversity; and
(5) respect the rights and needs of indigenous people
and local communities dependent on such wildlife for
nutritional needs and food security.
SEC. 7003. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the United States Agency for
International Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations in the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations in the Senate.
(3) Commercial wildlife trade.--The term ``commercial
wildlife trade'' means trade in wildlife for the
purpose of obtaining economic benefit, whether in cash
or otherwise, that is directed toward sale, resale,
exchange, or any other form of economic use or benefit.
(4) Human consumption.--The term ``human
consumption'' means specific use for human food or
medicine.
(5) Live wildlife market.--The term ``live wildlife
market'' means a commercial market that sells,
processes, or slaughters live or fresh wildlife for
human consumption in markets or restaurants,
irrespective of whether such wildlife originated in the
wild or in a captive situation.
(6) One health.--The term ``One Health'' means a
collaborative, multisectoral, and trans-disciplinary
approach achieving optimal health outcomes that
recognizes the interconnection between--
(A) people, wildlife, and plants; and
(B) the environment shared by such people,
wildlife, and plants.
(7) Outbreak.--The term ``outbreak'' means the
occurrence of disease cases in excess of normal
expectancy.
(8) Public health emergency.--The term ``public
health emergency'' means the 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) on January 31, 2020, with respect
to COVID-19.
(9) Spillover event.--The term ``spillover event''
means the transmission of a pathogen from one species
to another.
(10) Task force.--The term ``Task Force'' means the
Global Zoonotic Disease Task Force established under
section 7006(a).
(11) USAID.--The term ``USAID'' means the United
States Agency for International Development.
(12) Zoonotic disease.--The term ``zoonotic disease''
means any disease that is naturally transmissible
between animals and humans.
SEC. 7004. FINDINGS.
Congress makes the following findings:
(1) The majority of recent emerging infectious
diseases have originated in wildlife.
(2) There is a rise in the frequency of zoonotic
spillover events and outbreaks of such diseases.
(3) This rise in such spillover events and outbreaks
relates to the increased interaction between humans and
wildlife.
(4) There is a progressive and increasing rise in
interaction between human populations and wildlife
related to deforestation, habitat degradation, and
expansion of human activity into the habitat of such
wildlife.
(5) The increase in such interactions due to these
factors, particularly in forested regions of tropical
countries where there is high mammalian diversity, is a
serious risk factor for spillover events.
(6) A serious risk factor for spillover events also
relates to the collection, production, commercial
trade, and sale for human consumption of wildlife that
may transmit to zoonotic pathogens to humans that may
then replicate and be transmitted within the human
population.
(7) Such a risk factor is increased if it involves
wildlife that--
(A) does not ordinarily interact with humans;
or
(B) lives under a stressful condition, as
such condition exacerbates the shedding of
zoonotic pathogens.
(8) Markets for such wildlife to be sold for human
consumption are found in many countries.
(9) In some communities, such wildlife may be the
only accessible source of high quality nutrition.
(10) The public health emergency has resulted in--
(A) trillions of dollars in economic damage
to the United States; and
(B) the deaths of hundreds of thousands of
American citizens.
SEC. 7005. UNITED STATES POLICY TOWARD ASSISTING COUNTRIES IN
PREVENTING ZOONOTIC SPILLOVER EVENTS.
The Secretary of State and Administrator of the United States
Agency for International Development, in consultation with the
Director of the United States Fish and Wildlife Service, the
Secretary of Agriculture, and the leadership of other relevant
agencies, shall coordinate, engage, and work with governments,
multilateral entities, intergovernmental organizations,
international partners, and non-governmental organizations to--
(1) prevent commercial trade in live wildlife and raw
or unprocessed wildlife parts and derivatives for human
consumption that risks contributing to zoonotic
spillover, placing a priority focus on tropical
countries or countries with significant markets for
live wildlife for human consumption, which includes
such wildlife trade activities as--
(A) high volume commercial trade and
associated markets;
(B) trade in and across well connected urban
centers;
(C) trade for luxury consumption or where
there is no dietary necessity by--
(i) working through existing
treaties, conventions, and agreements
to develop a new protocol, or to amend
existing protocols or agreements; and
(ii) expanding combating wildlife
trafficking programs to support
enforcement of the closure of such
markets and new illegal markets in
response to closures, and the
prevention of such trade, including--
(I) providing assistance to
improve law enforcement;
(II) detecting and deterring
the illegal import, transit,
sale and export of wildlife;
(III) strengthening such
programs to assist countries
through legal reform;
(IV) improving information
sharing and enhancing
capabilities of participating
foreign governments;
(V) supporting efforts to
change behavior and reduce
demand for such wildlife
products; and
(VI) leveraging United States
private sector technologies and
expertise to scale and enhance
enforcement responses to detect
and prevent such trade;
(D) leveraging strong United States bilateral
relationships to support new and existing
inter-ministerial collaborations or task forces
that can serve as regional One Health models;
or
(E) building local agricultural capacity by
leveraging expertise from the Department of
Agriculture, U.S. Fish and Wildlife, and
institutions of higher education with
agricultural expertise;
(2) prevent the degradation and fragmentation of
forests and other intact ecosystems, particularly in
tropical countries, to minimize interactions between
wildlife and human and livestock populations that could
contribute to spillover events and zoonotic disease
transmission, including by providing assistance or
supporting policies to--
(A) conserve, protect, and restore the
integrity of such ecosystems;
(B) support the rights of indigenous peoples
and local communities and their abilities to
continue their effective stewardships of their
traditional lands and territories;
(C) support the establishment and effective
management of protected areas, prioritizing
highly intact areas; and
(D) prevent activities that result in the
destruction, degradation, fragmentation, or
conversion of intact forests and other intact
ecosystems and biodiversity strongholds,
including by governments, private sector
entities, and multilateral development
financial institutions;
(3) offer alternative livelihood and worker training
programs and enterprise development to wildlife
traders, wildlife breeders, and local communities whose
members are engaged in the commercial wildlife trade
for human consumption;
(4) work with indigenous peoples and local
communities to--
(A) ensure that their rights are respected
and their authority to exercise such rights is
protected;
(B) provide education and awareness on animal
handling, sanitation, and disease transmission,
as well as sustainable wildlife management and
support to develop village-level alternative
sources of protein and nutrition;
(C) reduce the risk of zoonotic spillover
while ensuring food security and access to
healthy diets; and
(D) improve farming practices to reduce the
risk of zoonotic spillover to livestock;
(5) strengthen global capacity for detection of
zoonotic diseases with pandemic potential; and
(6) support the development of One Health systems at
the community level.
SEC. 7006. GLOBAL ZOONOTIC DISEASE TASK FORCE.
(a) Establishment.--There is established a task force to be
known as the ``Global Zoonotic Disease Task Force''.
(b) Duties of Task Force.--The duties of the Task Force shall
be to--
(1) ensure an integrated approach across the Federal
Government and globally to the prevention of, early
detection of, preparedness for, and response to
zoonotic spillover and the outbreak and transmission of
zoonotic diseases that may pose a threat to global
health security;
(2) not later than one year after the date of the
enactment of this Act, develop and publish, on a
publicly accessible website, a plan for global
biosecurity and zoonotic disease prevention and
response that leverages expertise in public health,
wildlife health, livestock veterinary health,
sustainable forest management, community-based
conservation, rural food security, and indigenous
rights to coordinate zoonotic disease surveillance
internationally, including support for One Health
institutions around the world that can prevent and
provide early detection of zoonotic outbreaks; and
(3) expanding the scope of the implementation of the
White House's Global Health Security Strategy to more
robustly support the prevention of zoonotic spillover
and respond to zoonotic disease investigations and
outbreaks by establishing a 10-year strategy with
specific Federal Government international goals,
priorities, and timelines for action, including to--
(A) recommend policy actions and mechanisms
in developing countries to reduce the risk of
zoonotic spillover and zoonotic disease
emergence and transmission, including in
support of the activities described in section
7005;
(B) identify new mandates, authorities, and
incentives needed to strengthen the global
zoonotic disease plan under paragraph (2); and
(C) prioritize engagement in programs that
target tropical countries and regions
experiencing high rates of deforestation,
forest degradation, and land conversion, and
countries with significant markets for live
wildlife for human consumption.
(c) Membership.--
(1) In general.--The members of the Task Force
established pursuant to subsection (a) shall be
composed of representatives from each of the following
agencies:
(A) One permanent Chairperson at the level of
Deputy Assistant Secretary or above from the
following agencies, to rotate every two years
in an order to be determined by the
Administrator:
(i) The Animal and Plant Health
Inspection Service of the Department of
Agriculture.
(ii) The Department of Health and
Human Services or the Centers for
Disease Control and Prevention.
(iii) The Department of the Interior
or the United States Fish and Wildlife
Service.
(iv) The Department of State or
USAID.
(v) The National Security Council.
(B) At least 13 additional members, with at
least one from each of the following agencies:
(i) The Centers for Disease Control
and Prevention.
(ii) The Department of Agriculture.
(iii) The Department of Defense.
(iv) The Department of State.
(v) The Environmental Protection
Agency.
(vi) The National Science Foundation.
(vii) The National Institutes of
Health.
(viii) The National Institute of
Standards and Technology.
(ix) The Office of Science and
Technology Policy.
(x) The United States Agency for
International Development.
(xi) The United States Fish and
Wildlife Service.
(xii) U.S. Customs and Border
Protection.
(xiii) U.S. Immigration and Customs
Enforcement.
(2) Timing of appointments.--Appointments to the Task
Force shall be made not later than 30 days after the
date of the enactment of this Act.
(3) Terms.--
(A) In general.--Each member of the Task
Force shall be appointed for a term of two
years.
(B) Vacancies.--Any member appointed to fill
a vacancy occurring before the expiration of
the term for which the member's predecessor was
appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that term until a
successor has been appointed.
(d) Meeting.--
(1) Initial meeting.--The Task Force shall hold its
initial meeting not later than 45 days after the final
appointment of all members under subsection (b)(2).
(2) Meetings.--
(A) In general.--The Task Force shall meet at
the call of the Chairperson.
(B) Quorum.--Eight members of the Task Force
shall constitute a quorum, but a lesser number
may hold hearings.
(e) Compensation.--
(1) Prohibition of compensation.--Except as provided
in paragraph (2), members of the Task Force may not
receive additional pay, allowances, benefits by reason
of their service on the Task Force.
(2) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(f) Reports.--
(1) Report to task force.--Not later than 6 months
after the enactment of this act and annually
thereafter, the Federal agencies listed in subsection
(b), shall submit a report to the Task Force containing
a detailed statement with respect to the results of any
programming within their agencies that addresses the
goals of zoonotic spillover and disease prevention.
(2) Report to congress.--Not later than 12 months
after the date of the enactment of this Act and
annually thereafter, the Task Force shall submit to the
appropriate congressional committees and the National
Security Advisor a report containing a detailed
statement of the recommendations of the Council
pursuant to subsection (b).
(g) FACA.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act shall not apply to the Task Force. The Task Force
is authorized for seven years beginning on the date of the
enactment of this Act, and up to an additional two years at the
discretion of the Task Force Chairperson.
SEC. 7007. PREVENTING OUTBREAKS OF ZOONOTIC DISEASES.
(a) Integrated Zoonotic Diseases Program.--There is
authorized an integrated zoonotic diseases program within the
United States Agency for International Development's global
health security programs, led by the Administrator, in
consultation with the Director for the Centers for Disease
Control and Prevention and other relevant Federal agencies, to
prevent spillover events, epidemics, and pandemics through the
following activities:
(1) Partnering with a consortium that possesses the
following technical capabilities:
(A) Institution with expertise in global
wildlife health and zoonotic pathogen, animal
care and management, combating wildlife
trafficking, including community-based
conservation, wildlife trade and trafficking,
wildlife habitat protection, protected area
management, and preventing deforestation and
forest degradation.
(B) Institutions of higher education with
veterinary and public health expertise.
(C) Institutions with public health
expertise.
(2) Implementing programs that aim to prevent
zoonotic spillover and expand on the results of the
USAID Emerging Pandemic Threat Outcomes program,
including PREDICT and PREDICT-2, to prioritize the
following activities:
(A) Utilizing coordinated information and
data sharing platforms, including information
related to biosecurity threats, in ongoing and
future research.
(B) Conducting One Health zoonotic research
at human-wildlife interfaces.
(C) Conducting One Health research into known
and novel zoonotic pathogen detection.
(D) Conducting surveillance, including
biosecurity surveillance, of priority and
unknown zoonotic diseases and the transmission
of such diseases.
(E) Preventing spillover events of zoonotic
diseases.
(F) Investing in frontline diagnostic
capability at points of contact.
(G) Understanding global and national-level
legal and illegal wildlife trade routes and
value chains, and their impacts on biodiversity
loss on human-wildlife interfaces.
(H) Understanding the impacts of land-use
change and conversion and biodiversity loss on
human-wildlife interfaces and zoonotic
spillover risk.
(I) Supporting development of One Health
capacity and systems at the community level
including integrating activities to improve
community health, promote sustainable
management and conservation of forests, and
ensure safety in livestock production and
handling.
(J) Utilizing existing One Health trained
workforce in developing countries to identify
high risk or reoccurring spillover event
locations and concentrate capacity and
functionality at such locations.
(K) Continuing to train a One Health
workforce in developing countries to prevent
and respond to disease outbreaks in animals and
humans, including training protected area
managers in disease collection technology
linked to existing data sharing platforms.
(b) Termination.--The integrated zoonotic diseases program
authorized under this section shall terminate on the date that
is ten years after the date of the enactment of this Act.
SEC. 7008. USAID MULTISECTORAL STRATEGY FOR FOOD SECURITY, GLOBAL
HEALTH, BIODIVERSITY CONSERVATION, AND REDUCING
DEMAND FOR WILDLIFE FOR HUMAN CONSUMPTION.
(a) In General.--The Administrator shall develop, and publish
on a publicly accessible website, a multisectoral strategy for
food security, global health, and biodiversity protection and
shall include information about zoonotic disease surveillance
in the reports required by section 406(b) of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020.
(b) Multisectoral Strategy.--The Administrator of the United
States Agency for International Development (USAID), through
sectoral and regional bureaus, shall develop a multisectoral
strategy to integrate and mitigate risks of zoonotic disease
emergence and spread, food insecurity, biodiversity
conservation, and wildlife and habitat destruction. The
strategy shall include participation of the following:
(1) The Bureau for Africa.
(2) The Bureau for Asia.
(3) The Bureau for Economic Growth, Education, and
Environment.
(4) The Bureau for Global Health.
(5) The Bureau for Latin America and the Caribbean.
(6) The Bureau for Resiliency, and Food Security.
(7) The Democracy, Conflict, and Humanitarian
Assistance Bureau.
(c) Contents.--The USAID multisectoral strategy developed
pursuant to subsection (a) shall include--
(1) a statement of the United States intention to
facilitate international cooperation to prevent
commercial trade in live wildlife and raw or
unprocessed wildlife parts and derivatives for human
consumption, that risk contributing to zoonotic
spillover and to prevent the degradation and
fragmentation of forests and other intact ecosystems in
tropical countries while ensuring full consideration to
the needs and rights of Indigenous Peoples and local
communities that depend on wildlife for their food
security;
(2) programs supporting integrated One Health
activities to improve community health, promote the
sustainable management, conservation, and restoration
of forests, and ensure safety in livestock production
and handling;
(3) programs and objectives to change wildlife
consumers' behavior, attitudes and consumption of
wildlife that risks contributing to zoonotic spillover;
(4) programs to increase supplies of sustainably and
locally produced alternative animal and plant-based
sources of protein and nutrition;
(5) programs to protect, maintain and restore
ecosystem integrity;
(6) programs to ensure that countries are
sufficiently prepared to detect, report, and respond to
zoonotic disease spillover events;
(7) programs to prevent, prepare for, detect, report,
and respond to zoonotic disease spillover events; and
(8) the identification of Landscape Leaders residing
in-country who will coordinate strategic
implementation, the overseeing of Conservation Corps
volunteers, and coordination with donors and award
recipients throughout the term of the project.
SEC. 7009. IMPLEMENTATION OF MULTISECTORAL STRATEGY.
(a) Implementation.--The USAID multisectoral strategy under
section 7008 shall be implemented--
(1) through USAID bilateral programs through missions
and embassies and will account for half of the
portfolio; and
(2) through demonstration projects that meet the
requirements of subsection (b) and account for half of
the portfolio.
(b) Demonstration Projects.--
(1) Purpose.--The purpose of demonstration projects
under subsection (a) shall be to--
(A) pilot the implementation of the USAID
multisectoral strategy by leveraging the
international commitments of the donor
community;
(B) prevent pandemics and reduce demand for
fresh and live wildlife source foods as a way
to stop spillover;
(C) establish and increase availability of
and access to sustainably and locally produced
animal and plant-based sources of protein and
nutrition to provide an alternative to the
growing wild meat demand in urban, suburban,
and exurban communities; and
(D) realize the greatest impact in low
capacity forested countries with susceptibility
to zoonotic spillover and spread that can lead
to a pandemic.
(2) Demonstration project country plans.--
(A) In general.--USAID shall lead a
collaborative effort in coordination with the
Department of State, embassies of the United
States, and the International Development
Finance Corporation to consult with in-country
stakeholder and participants in key forested
countries to develop a plan that reflects the
local needs and identifies measures of
nutrition, yield gap analysis, global health
safeguards, forest and biodiversity protection,
bushmeat demand reduction and consumer behavior
change, and market development progress, within
90 days of completion of the multisectoral
strategy.
(B) Eligible projects.--Eligible
demonstration projects shall include small
holder backyard production of animal source
foods including poultry, fish, guinea pigs, and
insects.
(C) Stakeholders and participants.--
Stakeholder and participants in the development
of the multisectoral country plans shall
include but are not limited to--
(i) recipient countries;
(ii) donors governments;
(iii) multilaterals institutions;
(iv) conservation organizations;
(v) One Health institutions;
(vi) agricultural extension services;
(vii) domestic and international
institutions of higher education;
(viii) food security experts;
(ix) United States grain and animal
protein production experts;
(x) social marketing and behavioral
change experts; and
(xi) financial institutions and
micro-enterprise experts.
(3) Change in livelihoods.--Multisectoral country
plans shall include programs to re-train individuals no
longer engaged in supplying wildlife markets in
fundamental components of commercial animal source food
production, including agriculture extension, veterinary
care, sales and marketing, supply chains,
transportation, livestock feed production, micro-
enterprise, and market analysis.
(4) Location of demonstration projects.--
Collaboration between United States Government
assistance and other donor investments shall occur in
five demonstration projects, which shall be in Africa,
Asia, and Latin America.
(5) Timing.--Five demonstration projects shall be
selected and each shall be tested over four years after
the date of the enactment of this Act.
(c) Reporting.--
(1) Agency report.--The Administrator shall annually
submit to the global zoonotic disease task force
established pursuant to section 7006, the President,
and the appropriate congressional committees a report
regarding the progress achieved and challenges
concerning the development of a multisectoral strategy
for food security, global health, biodiversity, and
reducing demand for wildlife for human consumption
required under this section. Data included in each such
report shall be disaggregated by country, and shall
include recommendations to resolve, mitigate, or
otherwise address such challenges. Each such report
shall, to the extent possible, be made publicly
available.
(2) Report to congress.--The Administrator shall
submit a strategy within one year of the enactment of
this Act outlining the implementation of the country
plans and identifying demonstration sites and criteria
for pilot programs. Four years after the enactment, the
Administrator shall submit a reassessment of the
strategy to Congress, as well as a recommendation as to
whether and how to expand these programs globally.
SEC. 7010. ESTABLISHMENT OF CONSERVATION CORPS.
(a) In General.--The Administrator shall establish a
Conservation Corps to provide Americans eligible for service
abroad, under conditions of hardship if necessary, to deliver
technical and strategic assistance to in-country leaders of
demonstration projects, stakeholders, and donors implementing
and financing the multisectoral strategy under section 7008 to
reduce demand for wildlife for human consumption through food
security, global health, and biodiversity and related
demonstration projects.
(b) Persons Eligible to Serve as Volunteers.--The
Administrator may enroll in the Conservation Corps for service
abroad qualified citizens and nationals for short terms of
service at the discretion of the Administrator.
(c) Responsibilities.--The Conservation Corps volunteers
shall be responsible for--
(1) providing training to agricultural producers to
encourage participants to share and pass on to other
agricultural producers in the home communities of the
participants the information and skills obtained from
the training under this section;
(2) identifying areas for the extension of additional
technical resources through farmer-to-farmer exchanges;
and
(3) conducting assessments of individual projects and
bilateral strategies and recommend knowledge management
strategies toward building programs to scale and
strengthening projects.
----------
290. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of title LX of division E, insert the following:
SEC. 6__. MENSTRUAL PRODUCTS IN PUBLIC BUILDINGS.
(a) Requirement.--Each appropriate authority shall ensure
that menstrual products are stocked in, and available free of
charge in, each covered restroom in each covered public
building under the jurisdiction of such authority.
(b) Definitions.--In this section:
(1) Appropriate authority.--The term ``appropriate
authority'' means the head of a Federal agency, the
Architect of the Capitol, or other official authority
responsible for the operation of a covered public
building.
(2) Covered public building.--The term ``covered
public building'' means a public building, as defined
in section 3301 of title 40, United States Code, that
is open to the public and contains a public restroom,
and includes a building listed in section 6301 or 5101
of such title.
(3) Covered restroom.--The term ``covered restroom''
means a restroom in a covered public building, except
for a restroom designated solely for use by men.
(4) Menstrual products.--The term ``menstrual
products'' means sanitary napkins and tampons that
conform to applicable industry standards.
----------
291. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title VII the following new
section:
SEC. 7__. MANDATORY TRAINING ON TREATMENT OF EATING DISORDERS.
The Secretary of Defense shall furnish to each medical
professional who provides direct care services under the
military health system a mandatory training, consistent with
generally accepted standards of care, on how to screen,
intervene, and refer patients to treatment, for the severe
mental illness of eating disorders.
----------
292. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. DEPARTMENT OF VETERANS AFFAIRS AWARENESS CAMPAIGN ON
FERTILITY SERVICES.
(a) Awareness Campaign.--The Secretary of Veterans Affairs
shall conduct an awareness campaign regarding the types of
fertility treatments, procedures, and services covered under
the medical benefits package of the Department of Veterans
Affairs that are available to veterans experiencing issues with
fertility.
(b) Modes of Outreach.--In carrying out subsection (a), the
Secretary shall ensure that a variety of modes of outreach are
incorporated into the awareness campaign under such subsection,
taking into consideration the age range of the veteran
population.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that includes a
summary of the actions that have been taken to implement the
awareness campaign under subsection (a) and how the Secretary
plans to better engage women veterans, to ensure awareness of
such veterans regarding covered fertility services available.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services of the House of
Representatives and the Senate; and
(2) the Committees on Veterans' Affairs of the House
of Representatives and the Senate.
----------
293. An Amendment To Be Offered by Representative Miller of West
Virginia or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. BRIEFING ON STATUS OF WOMEN AND GIRLS IN AFGHANISTAN.
The Secretary of Defense shall provide to members of Congress
a briefing on the status of women and girls in Afghanistan as a
result of the Taliban rule and after the withdrawal of United
States Armed Forces from the country, in comparison to the
preceding decade.
----------
294. An Amendment To Be Offered by Representative Miller of West
Virginia or His Designee, Debatable for 10 Minutes
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
SEC. 6013. MEMORIAL FOR THOSE WHO LOST THEIR LIVES IN THE ATTACK ON
HAMID KARZAI INTERNATIONAL AIRPORT ON AUGUST 26,
2021.
The Secretary of Defense may establish a commemorative work
on Federal land owned by the Department of Defense in the
District of Columbia and its environs to commemorate the 13
members of the Armed Forces who died in the bombing attack on
Hamid Karzai International Airport on August 26, 2021.
----------
295. An Amendment To Be Offered by Representative Miller of West
Virginia or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following:
SEC. 12_. PROHIBITION ON USE OF FUNDS FOR MILITARY COOPERATION OR
INTELLIGENCE SHARING WITH THE TALIBAN.
None of the funds authorized to be appropriated or otherwise
made available by this Act may be used for military cooperation
or intelligence sharing with the Taliban.
----------
296. An Amendment To Be Offered by Representative Miller of West
Virginia or His Designee, Debatable for 10 Minutes
Page 811, line 12, strike ``and classified material'' and
insert ``classified material, and money in cash''.
----------
297. An Amendment To Be Offered by Representative Miller-Meeks of Iowa
or Her Designee, Debatable for 10 Minutes
Page 532, after line 23, insert the following:
SEC. 642. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM.
Section 805 of the Federal Lands Recreation Enhancement Act
(Public Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is
amended--
(1) in subsection (a)(4), by striking ``age and
disability discounted'' and inserting ``age discount
and lifetime''; and
(2) in subsection (b)--
(A) in the heading, by striking
``Discounted'' and inserting ``Free and
Discounted'';
(B) in paragraph (2)--
(i) in the heading, by striking
``Disability discount'' and inserting
``Lifetime passes''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Any veteran who provides adequate proof
of military service as determined by the
Secretary.
``(C) Any member of a Gold Star Family who
meets the eligibility requirements of section
3.2 of Department of Defense Instruction
1348.36 (or a successor instruction).''; and
(C) in paragraph (3)--
(i) in the heading, by striking
``Gold star families parks pass'' and
inserting ``Annual passes''; and
(ii) by striking ``members of'' and
all that follows through the end of the
sentence and inserting ``members of the
Armed Forces and their dependents who
provide adequate proof of eligibility
for such pass as determined by the
Secretary.''.
----------
298. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
SEC. 6013. COREY ADAMS GREEN ALERT SYSTEMS TECHNICAL ASSISTANCE.
(a) Definitions.--In this section:
(1) Missing veteran.--The term ``missing veteran''
means an individual who--
(A) is reported to, or identified by, a law
enforcement agency as a missing person;
(B) is a veteran; and
(C) meets the requirements to be designated
as a missing veteran, as determined by the
State in which the individual is reported or
identified as a missing person.
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(3) Green alert.--The term ``Green Alert'' means an
alert issued through the Green Alert communications
network, related to a missing veteran.
(4) Veteran.--The term ``veteran'' means an
individual who is currently serving or a former member
who served in the United States Armed Forces, including
National Guard, or a Reserve or auxiliary unit from any
branch of the Armed Forces.
(b) Technical Assistance.--The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
provide financial and technical assistance to a State that has
established or has under consideration legislation to establish
a Green Alert or other system specifically dedicated to
locating missing veterans or active duty members of the Armed
Forces (or both), to help ensure the effective use of those
systems to successfully find and recover current or former
members of the Armed Forces.
(c) Content of Assistance.--Such assistance shall include--
(1) helping the State develop, revise, or update
criteria for issuing such alerts, including on when to
issue such alerts, training to provide to law
enforcement on interacting with veterans or service
members, and provide recommendations on how best to
protect the privacy, dignity, and independence of
veterans or service members who are the subject of such
alerts;
(2) providing assistance to the State on protecting
the privacy of veterans and service memebers, including
sensitive medical information, as such alerts are
issued;
(3) designating officials to serve or participate on
any advisory committees established by the State or
local governments to provide oversight of Green Alert
systems dedicated to finding missing veterans;
(4) for those veterans recovered by such systems,
helping ensure such veterans are connected to any
services provided by the Department of Veterans Affairs
or the Department of Defense to which they are entitled
as a result of their service, including housing and
healthcare;
(5) providing public education on these systems to
military or veteran communities in such States,
including on facilities of the Department of Veterans
Affairs or the Department of Defense located in such
States;
(6) supporting efforts to train State and local law
enforcement who issue such alerts and search for such
individuals on the unique needs of veterans and service
members; and
(7) ensuring officials of the Department of Veterans
Affairs or the Department of Defense in such States are
aware of Green Alerts, understand how they work, and
integrate them with any plan for locating missing
veterans at a base or facility of the Department of
Veterans Affairs or the Department of Defense.
(d) Use of Existing Mechanisms.--To the maximum extent
possible, the Secretaries shall use, existing mechanisms,
including advisory committees and programs, to meet the
requirements of this section.
(e) Authorization of Appropriations.--There are authorized to
be appropriated $2,000,000 for fiscal year 2022 to carry out
this section.
(f) 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,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Office of Secretary of Defense, Line 540,
is hereby reduced by $2,000,000.
----------
299. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT TERRAIN IN
CYBERSPACE.
(a) Mission-relevant Terrain.--Not later than January 1,
2025, the Department of Defense shall have completed mapping of
mission-relevant terrain in cyberspace for Defense Critical
Assets and Task Critical Assets at sufficient granularity to
enable mission thread analysis and situational awareness,
including required--
(1) decomposition of missions reliant on such Assets;
(2) identification of access vectors;
(3) internal and external dependencies;
(4) topology of networks and network segments;
(5) cybersecurity defenses across information and
operational technology on such Assets; and
(6) identification of associated or reliant weapon
systems.
(b) Combatant Command Responsibilities.--Not later than
January 1, 2024, the Commanders of United States European
Command, United States Indo-Pacific Command, United States
Northern Command, United States Strategic Command, United
States Space Command, United States Transportation Command, and
other relevant Commands, in coordination with the Commander of
United States Cyber Command, in order to enable effective
mission thread analysis, cyber situational awareness, and
effective cyber defense of Defense Critical Assets and Task
Critical Assets under their control or in their areas of
responsibility, shall develop, institute, and make necessary
modifications to--
(1) internal combatant command processes,
responsibilities, and functions;
(2) coordination with service components under their
operational control, United States Cyber Command, Joint
Forces Headquarters-Department of Defense Information
Network, and the service cyber components;
(3) combatant command headquarters' situational
awareness posture to ensure an appropriate level of
cyber situational awareness of the forces, facilities,
installations, bases, critical infrastructure, and
weapon systems under their control or in their areas of
responsibility, in particular, Defense Critical Assets
and Task Critical Assets; and
(4) documentation of their mission-relevant terrain
in cyberspace.
(c) Department of Defense Chief Information Officer
Responsibilities.--
(1) In general.--Not later than November 1, 2023, the
Chief Information Officer of the Department of Defense
shall establish or make necessary changes to policy,
control systems standards, risk management framework
and authority to operate policies, and cybersecurity
reference architectures to provide baseline
cybersecurity requirements for operational technology
in facilities, installations, bases, critical
infrastructure, and weapon systems across the
Department of Defense Information Network.
(2) Implementation of policies.--The Chief
Information Officer shall leverage acquisition
guidance, concerted assessment of the Department's
operational technology enterprise, and coordination
with the military department principal cyber advisors
and chief information officers to drive necessary
change and implementation of relevant policy across the
Department's facilities, installations, bases, critical
infrastructure, and weapon systems.
(3) Additional responsibilities.--The Chief
Information Officer shall ensure that policies, control
systems standards, and cybersecurity reference
architectures--
(A) are implementable by components of the
Department;
(B) in their implementation, limit
adversaries' ability to reach or manipulate
control systems through cyberspace;
(C) appropriately balance non-connectivity
and monitoring requirements;
(D) include data collection and flow
requirements;
(E) interoperate with and are informed by the
operational community's workflows for defense
of information and operational technology in
facilities, installations, bases, critical
infrastructure, and weapon systems;
(F) integrate and interoperate with
Department mission assurance construct; and
(G) are implemented with respect to Defense
Critical Assets and Task Critical Assets.
(d) United States Cyber Command Operational
Responsibilities.--Not later than January 1, 2025, the
Commander of United States Cyber Command shall make necessary
modifications to the mission, scope, and posture of Joint
Forces Headquarters-Department of Defense Information Network
to ensure that Joint Forces Headquarters--
(1) has appropriate visibility of operational
technology in facilities, installations, bases,
critical infrastructure, and weapon systems across the
Department of Defense Information Network and, in
particular, Defense Critical Assets and Task Critical
Assets;
(2) can effectively command and control forces to
defend such operational technology; and
(3) has established processes for--
(A) incident and compliance reporting;
(B) ensuring compliance with Department of
Defense cybersecurity policy; and
(C) ensuring that cyber vulnerabilities,
attack vectors, and security violations, in
particular those specific to Defense Critical
Assets and Task Critical Assets, are
appropriately managed.
(e) United States Cyber Command Functional
Responsibilities.--Not later than January 1, 2025, the
Commander of United States Cyber Command shall--
(1) ensure in its role of Joint Forces Trainer for
the Cyberspace Operations Forces that operational
technology cyber defense is appropriately incorporated
into training for the Cyberspace Operations Forces;
(2) delineate the specific force composition
requirements within the Cyberspace Operations Forces
for specialized cyber defense of operational
technology, including the number, size, scale, and
responsibilities of defined Cyber Operations Forces
elements;
(3) develop and maintain, or support the development
and maintenance of, a joint training curriculum for
operational technology-focused Cyberspace Operations
Forces;
(4) support the Chief Information Officer as the
Department's senior official for the cybersecurity of
operational technology under this section;
(5) develop and institutionalize, or support the
development and institutionalization of, tradecraft for
defense of operational technology across local
defenders, cybersecurity service providers, cyber
protection teams, and service-controlled forces; and
(6) develop and institutionalize integrated concepts
of operation, operational workflows, and cybersecurity
architectures for defense of information and
operational technology in facilities, installations,
bases, critical infrastructure, and weapon systems
across the Department of Defense Information Network
and, in particular, Defense Critical Assets and Task
Critical Assets, including--
(A) deliberate and strategic sensoring of
such Network and Assets;
(B) instituting policies governing
connections across and between such Network and
Assets;
(C) modelling of normal behavior across and
between such Network and Assets;
(D) engineering data flows across and between
such Network and Assets;
(E) developing local defenders, cybersecurity
service providers, cyber protection teams, and
service-controlled forces' operational
workflows and tactics, techniques, and
procedures optimized for the designs, data
flows, and policies of such Network and Assets;
(F) instituting of model defensive cyber
operations and Department of Defense
Information Network operations tradecraft; and
(G) integrating of such operations to ensure
interoperability across echelons; and
(7) advance the integration of the Department of
Defense's mission assurance, cybersecurity compliance,
cybersecurity operations, risk management framework,
and authority to operate programs and policies.
(f) Service Responsibilities.--No later than January 1, 2025,
the Secretaries of the military departments, through the
service principal cyber advisors, chief information officers,
the service cyber components, and relevant service commands,
shall make necessary investments in operational technology in
facilities, installations, bases, critical infrastructure, and
weapon systems across the Department of Defense Information
Network and the service-controlled forces responsible for
defense of such operational technology to--
(1) ensure that relevant local network and
cybersecurity forces are responsible for defending and
appropriately postured to defend operational technology
across facilities, installations, bases, critical
infrastructure, and weapon systems, in particular
Defense Critical Assets and Task Critical Assets;
(2) ensure that relevant local operational
technology-focused system operators, network and
cybersecurity forces, mission defense teams and other
service-retained forces, and cyber protection teams are
appropriately trained, including through common
training and use of cyber ranges, as appropriate, to
execute the specific requirements of cybersecurity
operations in operational technology;
(3) ensure that all Defense Critical Assets and Task
Critical Assets are monitored and defended by
Cybersecurity Service Providers;
(4) ensure that operational technology is
appropriately sensored and appropriate cybersecurity
defenses, including technologies associated with the
More Situational Awareness for Industrial Control
Systems Joint Capability Technology Demonstration, are
employed to enable defense of Defense Critical Assets
and Task Critical Assets;
(5) implement Department of Defense Chief Information
Officer policy germane to operational technology, in
particular with respect to Defense Critical Assets and
Task Critical Assets;
(6) plan for, designate, and train dedicate forces to
be utilized in operational technology-centric roles
across the military services and United States Cyber
Command; and
(7) ensure that operational technology, as
appropriate, is not easily accessible via the internet
and that cybersecurity investments accord with mission
risk to and relevant access vectors for Defense
Critical Assets and Task Critical Assets.
(g) Office of the Secretary of Defense Responsibilities.--No
later than January 1, 2023, the Secretary of Defense shall--
(1) assess and finalize Office of the Secretary of
Defense components' roles responsibilities for the
cybersecurity of operational technology in facilities,
installations, bases, critical infrastructure, and
weapon systems across the Department of Defense
Information Network;
(2) assess the need to establish centralized or
dedicated funding for remediation of cybersecurity gaps
in operational technology across the Department of
Defense Information Network and to drive implementation
of this section;
(3) make relevant modifications to the Department of
Defense's mission assurance construct, Mission
Assurance Coordination Board, and other relevant bodies
to drive--
(A) prioritization of kinetic and non-kinetic
threats to the Department's missions and
minimization of mission risk in the
Department's war plans;
(B) prioritization of relevant mitigations
and investments to harden and assure the
Department's missions and minimize mission risk
in the Department's war plans; and
(C) completion of mission relevant terrain
mapping of Defense Critical Assets and Task
Critical Assets and population of associated
assessment and mitigation data in authorized
repositories;
(4) make relevant modifications to the Strategic
Cybersecurity Program; and
(5) drive and provide oversight of the implementation
of this section.
(h) Budget Rollout Briefings.--
(1) Until January 1, 2024, at the annual staffer day
briefings for the Committees on Armed Services of the
Senate and the House of Representatives, each of the
Secretaries of the military departments, the Commander
of United States Cyber Command, and the Department of
Defense Chief Information Officer shall provide updates
on activities undertaken and progress made against the
specific requirements of this section.
(2) No less frequently than annually until January 1,
2024, beginning no later than 1 year after the date of
the enactment of this Act, the Under Secretary of
Defense for Policy, the Under Secretary of Defense for
Acquisition and Sustainment, the Chief Information
Officer, and the Joint Staff J6, representing the
combatant commands, shall individually or together
provide briefings to the Committees on Armed Services
of the Senate and the House of Representatives on
activities undertaken and progress made against the
specific requirements of this section.
(i) Implementation.--
(1) In general.--In implementing this section, the
Department of Defense shall prioritize the
cybersecurity and cyber defense of Defense Critical
Assets and Task Critical Assets and shape cyber
investments, policy, operations, and deployments to
ensure cybersecurity and cyber defense.
(2) Application.--This section shall apply to assets
owned and operated by the Department of Defense, as
well as applicable, non-Department of Defense assets
essential to the projection, support, and sustainment
of military forces and operations worldwide.
(j) Definition.--In this section, ``operational technology''
refers to control systems, or controllers, communication
architectures, and user interfaces that monitor or control
infrastructure and equipment operating in various environments,
such as weapons systems, utility or energy production and
distribution, medical, logistics, nuclear, biological,
chemical, and manufacturing facilities.
----------
300. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 853 after line 9, insert the following:
(E) Diversity and inclusion.--Members of the
Commission appointed pursuant to subparagraph
(A) shall be appointed in a manner to ensure
that, collectively, the members of the
Commission--
(i) have significant--
(I) professional and academic
experience in the planning,
programming, budgeting, and
executions system;
(II) resource allocation and
financial management expertise
from the private sector; and
(III) appropriations
oversight experience from the
legislative branch of the
Government; and
(ii) represent the broadest possible
diversity based on gender, race,
ethnicity, disability status, veteran
status, sexual orientation, gender
identity, national origin, and other
demographic categories.
----------
301. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title III, insert the following:
SEC. 3__. INCREASE IN FUNDING FOR CIVIL MILITARY PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Civil Military Programs is hereby increased by $35,281,000
(to be used in support of the National Guard Youth Challenge
Program).
(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,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Office of Secretary of Defense, Line 540,
is hereby reduced by $35,281,000.
----------
302. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title V, insert the following:
SEC. 509. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) Authority.--During fiscal year 2022, the Secretary of
Defense may provide assistance to a National Guard Youth
Challenge Program of a State--
(1) in addition to assistance under subsection (d) of
section 509 of title 32, United States Code;
(2) that is not subject to the matching requirement
under such subsection; and
(3) for the following purposes:
(A) New program start-up costs.
(B) Special projects.
(C) Workforce development programs.
(D) Emergency costs.
(b) Limitations.--
(1) Matching.--The Secretary may not provide
additional assistance under this section to a State
that does not comply with the matching requirement
under such subsection regarding assistance under such
subsection.
(2) Total assistance.--Total assistance under this
section to all States may not exceed 10 percent of the
funds appropriated for the National Guard Youth
Challenge Program for fiscal year 2022.
(c) Reporting.--Any assistance provided under this section
shall be included in the annual report under subsection (k) of
such section.
----------
303. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
After section 623, insert the following and redesignate
subsequent sections accordingly:
SEC. 624. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND THE FUNERAL AND MEMORIAL SERVICES OF
MEMBERS.
Section 452(b) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(18) Presence of family members at the funeral and
memorial services of members.''.
----------
304. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
Add at the end of title LX of division E the following:
SEC. ___. SENSE OF CONGRESS RELATED TO EVACUATION OF NATIONALS OF
AFGHANISTAN.
It is the sense of Congress that--
(1) the contributions of nationals of Afghanistan who
are at heightened risk of persecution by Taliban forces
due to their affiliation with the United States
Government or civil society organizations should be
recognized and honored; and
(2) the United States should commit to facilitating
the safe passage of nationals of Afghanistan and their
family members to the United States who are eligible
for humanitarian parole or priority 1 or priority 2
designations under the United States Refugee Admissions
Program.
----------
305. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. GRANTS FOR MAINTAINING OR IMPROVING MILITARY INSTALLATION
RESILIENCE.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by adding at the end the
following new subparagraph:
``(D)(i) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds, in order to assist a State or local government in
planning and implementing measures and projects that, as
determined by the Secretary of Defense, will contribute to
maintaining or improving military installation resilience.
Amounts appropriated or otherwise made available for assistance
under this subparagraph shall remain available until expended.
``(ii) In the case of funds provided under this subparagraph
for projects involving the preservation, maintenance, or
restoration of natural features for the purpose of maintaining
or enhancing military installation resilience, such funds 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,
maintenance, or restoration of such natural features, and may
be placed by the recipient in an interest-bearing or other
investment account, and any interest or income shall be applied
for the same purposes as the principal.''; and
(2) in subsection (e)(1), by striking ``subsection
(b)(1)(D)'' inserting ``paragraphs (1)(D) and (E) and
(5)(D) of subsection (b) and subsection (d)''.
----------
306. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. INCLUSION OF INFORMATION REGARDING CLIMATE CHANGE IN REPORTS
ON NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 2504(3)(B) of title 10, United States Code, is
amended--
(1) by redesignating clauses (i) through (iii) as
clauses (ii) through (iv), respectively; and
(2) by inserting before clause (ii), as so
redesignated, the following new clause (i):
``(i) vulnerabilities related to the
current and projected impacts of
climate change and to cyberattacks or
disruptions;''.
----------
307. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. SENSE OF CONGRESS REGARDING REPORT OF THE INTERGOVERNMENTAL
PANEL ON CLIMATE CHANGE.
(a) Findings.--Congress makes the following findings:
(1) The Intergovernmental Panel on Climate Change has
provided valuable scientific assessments on climate
change since its creation in 1988.
(2) The first part of the Sixth Assessment Report,
Climate Change 2021: The Physical Science Basis, was
finalized on August 6, 2021.
(3) The report finds that the global average
temperature is expected to reach or exceed 1.5 degrees
celsius above pre-industrial levels within the coming
decades without immediate and large-scale efforts to
reduce greenhouse gas emissions.
(4) This increase in global temperature will affect
all regions of the world, impacting weather patterns,
sea levels, ocean temperatures, biodiversity, and more.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should take the most
recent report of the Intergovernmental Panel on Climate
Change into consideration when carrying out resiliency
efforts and making energy and transportation decisions
for military bases and installations; and
(2) the Department of Defense should consider adding
the recommendations of the Sixth Assessment Report to
the Unified Facilities Criteria where appropriate.
----------
308. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XXVIII, add the following
new section:
SEC. 28__. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE ENERGY
EFFICIENT MILITARY INSTALLATIONS.
(a) Amendment Required.--Not later than September 1, 2022,
the Secretary of Defense shall amend the Unified Facilities
Criteria relating to military construction planning and design
to ensure that building practices and standards of the
Department of Defense incorporate the latest consensus-based
codes and standards for energy efficiency and conservation,
including the 2021 International Energy Conservation Code and
the ASHRAE Standard 90.1-2019.
(b) Conditional Availability of Funds.--Not more than 25
percent of the funds authorized to be appropriated for fiscal
year 2022 for Department of Defense planning and design
accounts relating to military construction projects may be
obligated until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate a certification that the
Secretary--
(1) has initiated the amendment process required by
subsection (a); and
(2) intends to complete such process by September 1,
2022.
(c) Implementation of Unified Facilities Criteria
Amendments.--
(1) Compliance deadline.--Any Department of Defense
Form 1391 submitted to Congress after September 1, 2022
shall comply with the Unified Facilities Criteria, as
amended pursuant to this section.
(2) Certification.--Not later than March 1, 2023, the
Secretary of Defense shall certify to the Committees on
Armed Services of the House of Representatives and the
Senate the completion and full incorporation of the
amendments made pursuant to subsection (a) into
military construction planning and design.
(d) Annual Review Required.--The Secretary of Defense shall
conduct an annual review comparing the Unified Facilities
Criteria and industry best practices for the purpose of
ensuring that military construction building practices and
standards of the Department of Defense relating to military
installation energy efficiency and energy conservation remain
up-to-date with the latest consensus-based energy codes and
standards that provide energy savings. Not later than March 1
each year, the Secretary shall submit the results of the most
recent review to the Committees on Armed Services of the House
of Representatives and the Senate.
----------
309. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 11__. HOUSING ALLOWANCE FOR FEDERAL WILDLAND FIREFIGHTERS.
The Secretary of the Interior and the Secretary of
Agriculture shall provide a housing allowance to any Federal
wildland firefighter hired at a location more than 50 miles
from their primary residence. Such allowance shall be in an
amount determined appropriate by the Secretaries and adjusted
based on the cost of housing in the area of deployment.
----------
310. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 11__. MENTAL HEALTH PROGRAM FOR FEDERAL WILDLAND FIREFIGHTERS.
(a) Mental Health Program.--Not later than 180 days after the
date of enactment of this act, the Secretaries of the Interior
and Agriculture shall establish and carry out a program for
Federal wildland firefighters for mental health awareness and
support. Such program shall include--
(1) a mental health awareness campaign;
(2) a mental health education and training program
that includes an on-boarding curriculum;
(3) an extensive peer-to-peer mental health support
network for Federal wildland firefighters and their
immediate family;
(4) expanding the Critical Incident Stress Management
Program through training, developing, and retaining a
larger pool of qualified mental health professionals
who are familiar with the experiences of the wildland
firefighting workforce, and monitoring and tracking
mental health in the profession to better understand
the scope of the issue and develop strategies to
assist; and
(5) establish and carry out a new and distinct mental
health support service specific to Federal wildland
firefighters and their immediate family, with
culturally relevant and trauma-informed mental health
professionals who are readily available and not subject
to any limit on the number of sessions or service
provided.
(b) Mental Health Leave.--Each Federal wildland firefighter
shall be entitled to 7 consecutive days of leave, without loss
or reduction in pay, during each calendar year for the purposes
of maintaining mental health. Such leave may only be taken
during the period beginning on June 1 and ending on October 31
of any such year. If leave is not taken under this section it
expires after October 31 of the calendar year.
----------
311. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
In section 2806, relating to use of qualified apprentices by
military construction contractors, strike subsection (b) (page
1139, lines 20-23) and insert the following new subsection (b):
``(b) Incentives.--
``(1) Incentives related to goals.--The Secretary of
Defense shall develop incentives for offerors for a
contract for military construction projects to meet or
exceed the goals described in subsection (a).
``(2) Incentives related to contractors.--To promote
the use of qualified apprentices by military
construction contractors, Congress encourages the
Department of Defense to contract with women-owned,
minority-owned, and small disadvantaged businesses.''.
----------
312. An Amendment To Be Offered by Representative Newman of Illinois or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title V, insert the following:
SEC. 5__. STUDY AND REPORT ON HERBICIDE AGENT EXPOSURE IN PANAMA CANAL
ZONE.
(a) Study.--The Secretary of Defense shall conduct a study on
the exposure of members of the Armed Forces to herbicide
agents, including Agent Orange and Agent Purple, in the Panama
Canal Zone during the period beginning on January 1, 1958, and
ending on December 31, 1999.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under subsection (a).
----------
313. An Amendment To Be Offered by Representative Newman of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. REQUIREMENT OF INVOLVEMENT OF REPRESENTATIVES OF MILITARY AND
VETERANS' SERVICE ORGANIZATIONS IN THE TRANSITION
ASSISTANCE PROGRAM OF THE DEPARTMENT OF DEFENSE.
Section 1144 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1), by inserting ``may''
before ``provide'';
(C) in paragraph (2), by inserting ``may''
before ``use'';
(D) in paragraph (3), by inserting ``may''
before ``use'';
(E) in paragraph (4)--
(i) by inserting ``shall'' before
``use''; and
(ii) by inserting ``and accredited
service officers'' after
``representatives'';
(F) in paragraph (5), by inserting ``may''
before ``enter'';
(G) in paragraph (6), in the matter preceding
subparagraph (A), by inserting ``may'' before
``enter''; and
(H) in paragraph (7), by inserting ``may''
before ``take''; and
(2) by adding at the end the following new
subsection:
``(g) Definitions.--In this section:
``(1) The term `veterans' service organization' means
an organization recognized by the Secretary of Veterans
Affairs for the representation of veterans under
section 5902 of title 38.
``(2) The term `accredited service officer' means a
representative who has been recommended for
accreditation by a veterans' service organization.''.
----------
314. An Amendment To Be Offered by Representative Newman of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. APPLICATION OF PRICE EVALUATION PREFERENCE FOR QUALIFIED
HUBZONE SMALL BUSINESS CONCERNS TO CERTAIN
CONTRACTS.
(a) In General.--Section 31(c)(3) of the Small Business Act
(15 U.S.C. 657a(c)(3)) is amended by adding at the end the
following new subparagraph:
``(E) Application to certain contracts.--The
requirements of subparagraph (A) shall apply to
an unrestricted order issued under an
unrestricted multiple award contract or the
unrestricted portion of a contract that is
partially set aside for competition restricted
to small business concerns.''.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this section, the Administrator of the Small
Business Administration shall revise any rule or guidance to
implement the requirements of this section.
----------
315. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2____. REPORT DETAILING COMPLIANCE WITH DISCLOSURE REQUIREMENTS
FOR RECIPIENTS OF RESEARCH AND DEVELOPMENT FUNDS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report detailing compliance
with the disclosure requirements for recipients of research and
development funds required under section 2374b of title 10,
United States Code.
----------
316. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
Page 1390, insert after line 19 the following:
SEC. 6013. REPORTS ON SUBSTANCE ABUSE IN THE ARMED FORCES.
(a) Inspector General of the Department of Defense.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Army, the Secretary of the Navy, the
Secretary of the Air Force, and the Commandant of the Marine
Corp shall each submit to the Committees on Armed Services of
the Senate and of the House of Representatives a report on
substance abuse disorder treatment concerns related to service
members and their dependents.
(b) Comptroller General of the United States.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of the Army, the Secretary of the Navy, the Secretary
of the Air Force, and the Commandant of the Marine Corp shall
submit to Congress a report regarding the use of substance
abuse disorder treatment programs located at or around each
installation. The report shall detail the number of service
members and dependents that are referred to treatment programs,
either residential or outpatient, and either internal or
contracted, the absence of treatment capabilities within an
installation or grouping of military installations, and the
costs associated with sending service members or their
dependents away from the immediate area for substance use
disorder treatment. The report shall also set forth how the
individual branches of the Armed Forces are incorporating
substance abuse disorder treatment into mental health services
both internal and contracted.
----------
317. An Amendment To Be Offered by Representative Norton of District of
Columbia or Her Designee, Debatable for 10 Minutes
At the end of title XI, add the following:
SEC. 11__. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY OF FEDERAL
EMPLOYEE OR DC EMPLOYEE SERVING AS A MEMBER OF THE
NATIONAL GUARD OF THE DISTRICT OF COLUMBIA.
(a) In General.--Section 5519 of title 5, United States Code,
is amended by striking ``or (c)''.
(b) Application.--The amendment made by subsection (a) shall
apply to any amounts credited, by operation of such section
5519, against the pay of an employee or individual described
under section 6323(c) of such title on or after the date of
enactment of this Act.
----------
318. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. PROHIBITION ON USE OF FUNDS TO PROVIDE FOR THE COMMERCIAL
EXPORT OR TRANSFER OF CERTAIN MILITARY OR POLICY
WEAPONRY TO SAUDI ARABIA'S RAPID INTERVENTION
FORCE.
(a) In General.--None of the funds authorized to be
appropriated or otherwise made available to carry out this Act
may be used to provide for the commercial export or transfer of
covered items to Saudi Arabia's Rapid Intervention Force (RIF).
(b) Covered Items Defined.--In this section, the term
``covered items'' includes firearms, tanks or other vehicles,
tear gas, pepper spray, rubber bullets, foam rounds, bean bag
rounds, pepper balls, water cannons, handcuffs, shackles, stun
guns, tasers, military training, or any other military or
police weaponry.
----------
319. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. PROHIBITION ON THE USE OF FUNDS FOR AERIAL FUMIGATION IN
COLOMBIA.
None of the amounts authorized to be appropriated or
otherwise made available by this Act may be made available to
directly conduct aerial fumigation in Colombia unless there are
demonstrated actions by the Government of Colombia to adhere to
national and local laws and regulations.
----------
320. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. 13__. REPORT ON HUMAN RIGHTS IN COLOMBIA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committees a report that includes the following:
(1) A description of the security cooperation
relationship between the United States and Colombia,
including a description of United States objectives,
any ongoing or planned security cooperation activities
with the military forces of Colombia, and an
identification of priority capabilities of the military
forces of Colombia that the Department could enhance.
(2) An assessment of the capabilities of the military
and paramilitary forces of Colombia.
(3) A description of the human rights climate in
Colombia, an assessment of the Colombia military and
paramilitary forces' adherence to human rights, and a
description of any ongoing or planned cooperative
activities between the United States and Colombia
focused on human rights.
(4) A description of the manner and extent to which a
security cooperation strategy between the United States
and Colombia could address any human rights abuses
identified pursuant to paragraph (3) or (4), encourage
accountability and promote reform through training on
human rights, rule of law, and rules of engagement.
----------
321. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. PROHIBITION ON EXPORTS OF ITEMS USED FOR CROWD CONTROL
PURPOSES TO COLOMBIA'S MOBILE ANTI-DISTURBANCES
SQUADRON.
(a) Determination Required.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter
until 2032, the Secretary of State shall make a determination
as to whether Colombia's Mobile Anti-Disturbances Squadron has
committed gross violations of human rights.
(b) Use of Funds and Issuance of Licenses Prohibited.--If the
Secretary of State determines under subsection (a) that
Colombia's Mobile Anti-Disturbances Squadron has committed
gross violations of human rights, then--
(1) none of the funds authorized to be appropriated
or otherwise made available by this Act may be used to
authorize, provide, or facilitate the delivery of
covered items to Colombia's Mobile Anti-Disturbances
Squadron; and
(2) the President shall prohibit the issuance of
licenses to export covered items to Colombia's Mobile
Anti-Disturbances Squadron.
(c) Covered Items Defined.--In this section, the term
``covered items'' includes firearms, tanks, tear gas, pepper
spray, rubber bullets, foam rounds, bean bag rounds, pepper
balls, water cannons, handcuffs, shackles, stun guns, tasers,
or any other item that may be used for purposes of crowd
control.
----------
322. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 1325. REPORT ON SECURITY ASSISTANCE TO THE GOVERNMENTS OF MALI,
GUINEA, AND CHAD.
(a) In General.--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 submit to the appropriate
committees a report on security assistance provided to the
Governments of Mali, Guinea, and Chad for each of the fiscal
years 2019, 2020, and 2021.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list of units of such countries that have
received or participated in Department of Defense- or
Department of State-funded training, equipment, or
other assistance programs in such fiscal years,
including a full accounting of the specific programs
under which such assistance was provided.
(2) The dollar amounts spent on such programs for
each of such countries in such fiscal years.
(3) A list of individuals in such units involved in
unconstitutional military seizures of or transfers of
power in any of such countries.
(4) A list of units, if any, in each country that are
currently prohibited from receiving assistance pursuant
to section 362 of title 10, United States Code, or
section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) (collectively known as the ``Leahy
Laws'').
(5) An assessment of the objectives of security
training as it relates to professionalization,
stability, and human rights and the extent to which
such training has achieved those objectives in such
fiscal years, including details of the metrics used to
determine success.
(6) Lessons learned from the unconstitutional
military seizures of power in any of such countries and
the ways in which such lessons are being and will be
applied to ongoing and planned training, capacity-
building, and other security assistance initiatives in
the region.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
323. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
Page 971, after line 23 insert the following:
SEC. 1325. ANNUAL REPORT RELATING TO THE SITUATION IN THE DEMOCRATIC
REPUBLIC OF THE CONGO.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act and annually for five years
thereafter, the Secretary of State and the Secretary of
Defense, in consultation with the Administrator of the United
States Agency for International Development and other
departments and agencies as determined necessary, shall submit
to the appropriate congressional committees an annual report on
the United States strategy for advancing security sector
reforms, demobilization, disengagement, and reintegration
efforts, anticorruption measures, and other assistance and
initiatives designed to address chronic instability and other
governance issues, localized armed conflict, and the growing
threat of transnational terrorism in the Democratic Republic of
the Congo (in this section referred to as the ``DRC'').
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comprehensive assessment of the threat posed by
the Allied Democratic Forces, elements of which have
declared as an affiliate of the Islamic State, and any
other affiliates of the Islamic State or Al Qaeda based
in the DRC, which shall include, with respect to each
such group--
(A) the capacity to strike--
(i) the United States homeland;
(ii) United States persons; and
(iii) interests in the United States
or elsewhere;
(B) the connectivity to other Islamic State
or Al Qaeda affiliates and senior leaders of
their respective core organizations; and
(C) the major sources of revenue, including
illicit and licit activities and financial
flows originating outside of the DRC to senior
leaders of the organizations.
(2) An assessment of how terrorist organizations and
armed groups exacerbate the ongoing humanitarian crisis
in the DRC and neighboring countries, including an
analysis of the extent to which elements of the Armed
Forces of the Democratic Republic of the Congo (in this
section referred to as the ``FARDC'') and other
government entities collaborate with, contribute to, or
otherwise facilitate actors involved in chronic armed
conflict in the DRC.
(3) An assessment of the impact of the United Nations
Organization Stabilization Mission in the Democratic
Republic of the Congo (in this section referred to as
the ``MONUSCO'') on the security situation in the DRC
over the previous five fiscal years and recommendations
for changes to the MONUSCO mandate, if any, to improve
its efficacy.
(4) A detailed account of United States foreign
assistance provided over the previous five fiscal years
intended to build FARDC capacity to counter terrorism
and violent extremism, to protect civilians, and to
address longstanding allegations of FARDC human rights
abuses and collaboration with armed groups in the DRC.
(5) A detailed account of United States foreign
assistance provided over the previous five fiscal years
to address humanitarian needs, counter corruption, and
improve good governance, including fiscal transparency,
in the DRC.
(6) The statutory authorities under which assistance
described in paragraph (4) or (5) was provided, the
amounts provided under each authority, and an analysis
of the efficacy and impact of such assistance.
(7) A detailed proposal of what resources are
required to pursue the United States strategy outlined
in subsection (a) in the following year.
(c) Form.--The report required by subsection (a) shall be
submitted in an unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations
of the Senate.
----------
324. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. REPORT AND STRATEGY RELATING TO HUMAN TRAFFICKING AND
SLAVERY IN LIBYA.
(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 Congress a
report on combating human trafficking and slavery in Libya.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which human
trafficking and slavery remain commonplace in Libya.
(2) An assessment of the role that the United
Nations-recognized Libyan Government, non-state actors,
and foreign governments have played in the propagation
of human trafficking and slavery in Libya since 2011.
(3) A summary of United States foreign policy tools
that have been considered or used to combat human
trafficking and slavery in Libya since 2011.
(4) An identification and assessment of the root
causes of human trafficking and slavery in Libya,
including regional conflicts and instability.
(5) An identification and assessment of domestic or
international options for pursuing accountability for
perpetrators of human trafficking and slavery in Libya.
(6) A strategy for diplomatic and development
engagement to address the root causes identified and
assessed pursuant to paragraph (4) and hold
perpetrators accountable through the options identified
and assessed pursuant to paragraph (5).
----------
325. An Amendment To Be Offered by Representative Pallone Jr. of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following:
SEC. 12_. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER CAPACITY
PROGRAMS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report identifying units
of national security forces of foreign countries that--
(1) have participated in programs under the authority
of section 333 of title 10, United States Code, during
any of fiscal years 2017 through 2021; and
(2) have been determined to have committed gross
violations of internationally recognized human rights,
including as described in the annual Department of
State's Country Reports on Human Rights Practices.
(b) Matters to Be Included.--The report required by
subsection (a) should include recommendations to improve human
rights training and additional measures that can be adopted to
prevent violations of human rights under any other provision of
law.
(c) Appropriate Congressional Committees Defined.--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.
----------
326. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of title XI, add the following new section:
SEC. 11__. FEDERAL EMPLOYEE ANNUAL SURVEY.
(a) In General.--Subchapter II of chapter 29 of title 5,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2955. Federal employee annual survey
``(a) In General.--The Director of the Office of Personnel
Management shall conduct an annual survey of Federal employees
(including survey questions prescribed under subsections (b)
and (c)) to assess--
``(1) leadership and management practices that
contribute to Executive agency performance and employee
engagement; and
``(2) the satisfaction of such employees with--
``(A) Executive agency political and career
leadership;
``(B) the work environment;
``(C) opportunities available to such
employees--
``(i) to recommend workplace
improvements;
``(ii) to raise concerns and report
possible wrongdoings;
``(iii) to contribute to achieving
organizational missions; and
``(iv) for professional development
and growth;
``(D) rewards and recognition for
professional accomplishment and personal
contributions to achieving organizational
missions;
``(E) Executive agency commitment and actions
to ensure diversity, equity, and inclusion at
work; and
``(F) organizational adaptability,
resilience, and openness to change.
``(b) Regulations.--The Director of the Office of Personnel
Management shall issues regulations implementing this section,
including regulations prescribing survey questions permitting
comparisons across Executive agencies, requiring that such
questions must be included on each survey conducted under
subsection (a), and setting the sequencing of such questions.
``(c) Agency-Specific Questions.--
``(1) In general.--The head of an Executive agency
may, in coordination with the Director of the Office of
Personnel Management, include in a survey conducted
under subsection (a) questions specific to the
Executive agency.
``(2) Question placement.--Any questions included in
a survey under paragraph (1) shall be placed at the end
of the survey.
``(d) Occupational Data.--To the extent practicable, the
Director of the Office of Personnel Management shall collect
and report on the results of each Executive agency survey
described in subsection (a) by occupation.
``(e) Accessibility.--To the extent practicable, the Director
of the Office of Personnel Management shall ensure that surveys
conducted under subsection (a) shall be accessible and user-
friendly for Federal employees who choose to complete the
survey on their mobile devices.
``(f) Availability of Results.--
``(1) Office of personnel management.--Not later than
3 months after beginning a survey under subsection (a),
the Director of the Office of Personnel Management
shall make publicly available the results of the
survey.
``(2) Agencies.--After the results of a survey are
made publicly available under paragraph (1), each head
of an Executive agency shall post the results of
surveys conducted under subsection (a) on the website
of such Executive agency.''.
(b) Clerical Amendment.--The table of sections for chapter 29
of title 5, United States Code, is amended by inserting after
the item relating to chapter 2954 the following new item:
``2955. Federal employee annual survey.''.
____________________________________________________
327. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title III the following new
section:
SEC. 3__. REPORT AND BRIEFING ON PROJECT PELE MOBILE NUCLEAR
MICROREACTORS.
(a) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Director of the Strategic
Capabilities Office of the Department of Defense, in
coordination with the Secretary of Energy, shall provide to the
congressional defense committees a briefing on the development,
and current and predicted progress, of the ``Project Pele''
effort to design, build, and demonstrate a prototype mobile
nuclear microreactor.
(b) Matters.--The briefing under section (a) shall include a
discussion of the following:
(1) Changes to previous deployment rationales or
strategies.
(2) Proposed deployment locations for mobile nuclear
microreactors, both domestically and abroad.
(3) The safety and regulatory requirements of the
proposed mobile nuclear microreactors, both
domestically and abroad.
(4) The need for mobile nuclear microreactors to meet
the energy needs of expeditionary and defensive
requirements of the Department of Defense, including
with respect to electric combat vehicles, and the
ability of mobile nuclear microreactors to adequately
meet such needs.
(5) The safety concerns and precautions relating to
the transfer of mobile nuclear microreactors.
(6) The safety concerns and precautions relating to
the demonstration of the deployment of mobile nuclear
microreactors, including by air, before and after the
irradiation of nuclear fuel.
(7) Opportunities to consult with local communities
potentially affected by the deployment, or the
demonstration of the deployment, of mobile nuclear
microreactors.
(8) Security concerns related to potential
adversarial attacks on deployed mobile nuclear
microreactors or adversarial seizing of mobile nuclear
microreactors, and the radioactive fuel therein, for
use in radiological weapons.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Director shall submit to the
congressional defense committees a report on the current
progress of the ``Project Pele'' effort described in subsection
(a) that addresses each of the matters under subsection (b).
----------
328. An Amendment To Be Offered by Representative Pence of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV, add the following new
section:
SEC. 15__. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL
GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32
U.S.C. 501 note) is amended by striking ``2022'' and inserting
``2024''.
----------
329. An Amendment To Be Offered by Representative Perry of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XII, add the following:
SEC. 1253. STATEMENT OF POLICY RELATING TO REPORTING REQUIREMENTS OF
CHINA'S MARITIME SAFETY ADMINISTRATION.
(a) In General.--It is the policy of the United States to
reject as a violation of international law and United States
sovereignty any attempt by China's Maritime Safety
Administration to compel United States vessels to adhere to any
reporting requirements listed within China's Maritime Traffic
Safety Law, including any requirements to require a vessel to
declare--
(1) the vessel's name and number;
(2) the vessel's satellite telephone number;
(3) the vessel's position and recent locations; and
(4) the vessel's cargo.
(b) Applicability.--Subsection (a) applies to all maritime
claims made by the People's Republic of China that the United
States has rejected, to include virtually all of China's claims
within the Nine-Dash Line.
----------
330. An Amendment To Be Offered by Representative Pfluger of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XII of division A the
following:
SEC. 12__. THREAT ASSESSMENT OF TERRORIST THREATS POSED BY PRISONERS
RELEASED BY TALIBAN IN AFGHANISTAN.
(a) Threat Assessment.--
(1) In general.--The Director of National
Intelligence, in coordination with the Secretary of
Homeland Security, the Secretary of Defense and the
Director of the Federal Bureau of Investigation, shall
conduct a threat assessment of terrorist threats to the
United States posed by the prisoners released by the
Taliban from the Pul-e-Charkhi Prison and Parwan
Detention Facility in Afghanistan.
(2) Elements.--The assessment required under
paragraph (1) shall include the following:
(A) With respect to the prisoners released by
the Taliban from the Pul-e-Charkhi Prison and
Parwan Detention Facility in Afghanistan,
information relating to--
(i) the number of such prisoners who
were released;
(ii) the country of origin for each
such prisoner; and
(iii) any affiliation with a foreign
terrorist organization for each such
prisoner.
(B) The capability of the Director of
National Intelligence to identify, track, and
monitor such prisoners and any associated
challenges with such capability.
(C) Any action of the with respect to--
(i) mitigating the terrorist threats
to the United States posed by such
prisoners; and
(ii) preventing such prisoners from
entering the United States.
(b) Congressional Notification.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall--
(1) submit to the appropriate congressional
committees the threat assessment required under
subsection (a); and
(2) provide a briefing to the appropriate
congressional committees on such assessment.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
congressional defense committees and--
(A) the Committee on Homeland Security and
the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Select Committee
on Intelligence of the Senate.
(2) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
----------
331. An Amendment To Be Offered by Representative Pfluger of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title 10, add the following new
section:
SEC. 10__. REPORT ON STATUS OF CERTAIN AIRCRAFT AND EQUIPMENT MOVED
FROM AFGHANISTAN TO UZBEKISTAN, TAJIKISTAN, OR
OTHER FOREIGN COUNTRIES.
(a) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report containing a full
account of any aircraft or equipment of the United States Armed
Forces or the Afghan National Defense and Security Forces that
has been transported from Afghanistan to foreign countries
outside of Afghanistan, including Uzbekistan and Tajikistan,
following the withdrawal of the United States Armed Forces from
Afghanistan on August 31, 2021. Such report should include a
description of the following:
(1) The quantity and types of any such aircraft or
equipment.
(2) The condition of any such aircraft or equipment.
(3) All efforts to secure such aircraft or equipment
during any periods in which the aircraft or equipment
was out of the custody of the United States Armed
Forces or the Afghan National Defense and Security
Forces.
(4) All efforts to recover, secure, and return to the
United States (as applicable) any such aircraft or
equipment.
(5) The identity of any entity that has had access to
such aircraft or equipment during or following the
transport from Afghanistan.
(6) Any security risks posed by the improper securing
of such aircraft or equipment.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
332. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. REPORT ON CLEAN UP OF CONTAMINATED ARMY PROPERTY.
(a) Findings.--Congress makes the following findings:
(1) There are numerous properties that were under the
jurisdiction of the Department of the Army, such as
former Nike missile sites, but that have been
transferred to units of local government.
(2) Many of these properties may remain polluted
because of activity by the Department of Defense.
(3) This pollution may inhibit the use of these
properties for commercial or residential purposes.
(4) Knowledge and understanding of the impacts of
contaminants from Department of Defense activities have
developed and changed over time.
(5) The Department of Defense has an obligation to
facilitate the clean-up of such pollutants even after
the sites have been transferred to local governments.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report that contains each of the following:
(1) A plan to facilitate the clean-up of each
contaminated property that was under the jurisdiction
of the Department of the Army and subsequently
transferred to a unit of local government.
(2) An identification of any site where the
Department of the Army has previously conducted clean-
up activities but due to contaminants not discovered
until after transfer or newly identified contaminants,
additional clean-up may be necessary.
(3) An explanation of how any site identified under
paragraph (2) is to be prioritized relative to other
sites, such as active sites or sites set for transfer.
(4) A detailed plan to conduct preliminary
assessments and site inspections for each site
identified under paragraph (2) by not later than five
years after the date of the submittal of the report.
----------
333. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. __. REPORT ON ISRAELI REGIONAL MILITARY COORDINATION.
(a) In General.--The United States-Israel Security Assistance
Authorization Act of 2020 is amended by adding at the end the
following:
``SEC. 1280C. REPORTS ON REGIONAL MILITARY COORDINATION.
``(a) Report by Secretary of Defense.--Not later than 180
days after the date of enactment of this section, the Secretary
of Defense shall provide a report, including a classified
annex, to the Committees on Armed Services of the House of
Representatives and of the Senate on the status of the efforts
of the United States to work with countries within the United
States Central Command area of responsibilities to improve
Israel's coordination with regional militaries.
``(b) Report by Secretary of State.--The Secretary of State,
in coordination with the Administrator for the United States
Agency for International Development, shall provide the House
Foreign Affairs and Senate Foreign Relations Committee with an
analysis of the strategic initiatives taken to fully integrate
the Abraham Accords into congressionally authorized and
appropriated programs. The report shall also include a
strategic plan for how potential new funds that have previously
been authorized by Congress could be used for such integration
priorities.''.
----------
334. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. ANNUAL REPORT ON UNITED STATES POLICY TOWARD SOUTH SUDAN.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, and for five years thereafter,
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development and
the heads of other Federal department and agencies as
necessary, shall submit to the appropriate congressional
committees a report on United States policy toward South Sudan,
including the most recent approved interagency strategy
developed to address political, security, and humanitarian
issues prevalent in the country since it gained independence
from Sudan in July 2011.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the situation in South Sudan,
including the role of South Sudanese government
officials in intercommunal violence, corruption, and
obstruction of peace processes, including the
credibility of internationally-supported peace
processes in the face of escalating violence and armed
conflict in South Sudan.
(2) An assessment of the 2018 the Revitalized
Agreement on the Resolution of the Conflict in the
Republic of South Sudan (R-ARCSS) and the ongoing peace
processes.
(3) A detailed outline and assessment of United
States assistance and other efforts to support peace
processes in South Sudan, including the efficacy of
stakeholder engagement and United States assistance to
advance peacebuilding, conflict mitigation, and other
related activities.
(4) An assessment of the United Nations Mission in
South Sudan (UNMISS) over the last three fiscal years.
(5) An analysis of the chronic food insecurity issues
in South Sudan, including identification of root causes
and ongoing or planned remediation efforts.
(6) A detailed account of United States foreign
assistance to provide emergency and non-emergency
humanitarian and development assistance, improve anti-
corruption efforts, and create fiscal transparency in
South Sudan over the last five fiscal years.
(7) A breakdown of United States efforts, including
assistance provided by the Department of the Treasury
and United States law enforcement and intelligence
communities, to detect and deter money laundering and
counter illicit financial flows, trafficking in
persons, weapons, and other illicit goods, and the
financing of terrorists and armed groups.
(8) A summary of United States efforts to promote
accountability for serious human rights abuses and an
assessment of efforts by the Government of South Sudan
and the African Union, respectively, to hold
responsible parties accountable.
(9) Analysis of the impact of domestic and
international sanctions on improving governance,
mitigating and reducing conflict, combating corruption,
and holding accountable those responsible for human
rights abuses.
(10) An assessment of the prospects for, and
impediments to, holding credible general elections.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
----------
335. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. ARCTIC REGION DIPLOMACY POLICY.
(a) In General.--The Secretary of State, in consultation with
the Secretary of Defense, the Secretary of the department in
which the Coast Guard is operating, and the heads of any other
relevant Federal agencies, acting through the U.S. Coordinator
for the Arctic Region, shall submit to the congressional
defense committees, the Committee on Foreign Affairs and the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the
Senate an Arctic Region Diplomacy Policy. Such policy shall
assess, develop, budget for, and implement plans, policies, and
actions relating to the following:
(1) Bolstering the diplomatic presence of the United
States in Arctic countries, including through
enhancements to diplomatic missions and facilities,
participation in regional and bilateral dialogues
related to Arctic security, and coordination of United
States initiatives and assistance programs across
agencies to protect the national security of the United
States and its allies and partners.
(2) Enhancing the resilience capacities of Arctic
countries to the effects of environmental change and
increased civilian and military activity by Arctic
countries and other countries that may result from
increased accessibility of the Arctic region.
(3) Assessing specific added risks to the Arctic
region and Arctic countries that--
(A) are vulnerable to the changing Arctic
environment; and
(B) are strategically significant to the
United States.
(4) Coordinating the integration of environmental
change and national security risk and vulnerability
assessments into the decision making process on foreign
assistance awards with Greenland.
(5) Advancing principles of good governance by
encouraging and cooperating with Arctic states on
collaborative approaches to--
(A) responsibly manage natural resources in
the Arctic region;
(B) share the burden of ensuring maritime
safety in the Arctic region;
(C) prevent the escalation of security
tensions by mitigating against the
militarization of the Arctic region;
(D) develop mutually agreed upon multilateral
policies among Arctic countries on the
management of maritime transit routes through
the Arctic region and work cooperatively on the
transit policies for access to and transit in
the Arctic region by non-Arctic countries; and
(E) facilitate the development of Arctic
Region Diplomacy Action Plans to ensure
stability and public safety in disaster
situations in a humane and responsible fashion.
(6) Evaluating the vulnerability, security,
survivability, and resiliency of United States
interests and non-defense assets in the Arctic region.
(7) Reducing black carbon and methane emissions in
the Arctic region.
(b) Form.--The Arctic Region Diplomacy Policy required under
subsection (a) shall be submitted in unclassified form but may
contain a classified annex. Such unclassified form shall be
posted on an appropriate publicly available website of the
Department of State.
----------
336. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title I, add the following new
section:
SEC. 1___. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF TACTICAL
AIRLIFT AIRCRAFT.
(a) Findings.--Congress finds the following:
(1) The C-130 tactical airlift aircraft fulfills a
wide range of intratheater airlift missions.
(2) Such aircraft operate out of military
installations throughout the United States.
(3) The proposed total force structure referenced in
the National Defense Authorization Act for Fiscal Year
2013 called for a total force size of 326 C-130
aircraft.
(4) The Air Force included a six-year plan for fiscal
years 2015 through 2020 for the Air Force, Air Force
Reserve, and Air National Guard C-130 force structure,
which called for a total force size of 300 such
aircraft by fiscal year 2019.
(5) The 2018 Mobility Capabilities and Requirements
Study recommended a total force size of 300 C-130s to
support wartime mobility requirements.
(6) The Air Force has sought to reduce the number of
C-130 aircraft below 300, which is inconsistent with
force structure and plans referred to in paragraphs (3)
through (5).
(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 that
includes--
(1) with respect to the reduction of the total number
of tactical airlift aircraft, information relating to--
(A) the justification used for such
reduction; and
(B) any consideration of domestic operations
used in such justification;
(2) an analysis of the role of tactical airlift
aircraft in domestic operations; and
(3) information relating to discussions concerning
decisionmaking processes with Governors of States who
may be impacted by such reduction.
----------
337. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 8__. REPORT ON CYBERSECURITY MATURITY MODEL CERTIFICATION EFFECTS
ON SMALL BUSINESS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Committee on
Armed Services of the House of Representatives and the
Committee on Small Business of the House of Representatives a
report on the effects of the Cybersecurity Maturity Model
Certification framework of the Department of Defense on small
business concerns (as defined under section 3 of the Small
Business Act (15 U.S.C. 632), including--
(1) the estimated costs of complying with each level
of the framework;
(2) any decrease in the number of small business
concerns that are part of the defense industrial base
resulting from the implementation and use of the
framework; and
(3) an explanation of how the Department of Defense
will mitigate the negative effects to small business
concerns that are part of the defense industrial base
resulting from the implementation and use of the
framework.
----------
338. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following:
SEC. 1202. REPORT ON COUNTRIES SUITABLE FOR STABILIZATION OPERATIONS
SUPPORT.
(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 State and Administrator of
the United States Agency for International Development, shall
submit to the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report on countries for which the
Department has a presence and are suitable for stabilization
operations support provided under section 1210A of National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92) to inform ongoing interagency discussions on stabilization
efforts.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a list of countries suitable for
such stabilization operations support and a justification for
such list.
(c) Rule of Construction.--Nothing in this section may be
construed to divert resources from potential emergency
operational capacities.
----------
339. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of title XI, add the following new section:
SEC. 11__. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL INTEREST
REQUIREMENTS FOR DEPARTMENT OF DEFENSE OFFICERS AND
EMPLOYEES.
(a) In General.--In addition to the prohibition set forth in
section 208 of title 18, United States Code, an officer or
employee of the Department of Defense may not participate
personally and substantially in any covered matter that the
officer or employee knows, or reasonably should know, is likely
to have a direct and predictable effect on the financial
interests of--
(1) any organization, including a trade organization,
for which the officer or employee has served as an
employee, officer, director, trustee, or general
partner in the past 2 years;
(2) a former direct competitor or client of any
organization for which the officer or employee has
served as an employee, officer, director, trustee, or
general partner in the past 2 years; or
(3) any employer with whom the officer or employee is
seeking employment.
(b) Rule of Construction.--Nothing in this section shall be
construed to terminate, alter, or make inapplicable any other
prohibition or limitation in law or regulation on the
participation of officers or employees of the Department of
Defense in covered matters having an effect on their or related
financial or other personal interests.
(c) Covered Matter Defined.--In this section, the term
``covered matter''--
(1) means any matter that involves deliberation,
decision, or action that is focused upon the interests
of a specific person or a discrete and identifiable
class of persons; and
(2) includes policymaking that is narrowly focused on
the interests of a discrete and identifiable class of
persons.
----------
340. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVI the following new
section:
SEC. 16__. DECLASSIFICATION REVIEW RELATING TO TESTS IN THE MARSHALL
ISLANDS.
(a) Requirement.--The Secretary of Defense, in coordination
with the Secretary of Energy, shall conduct a declassification
review of documents relating to nuclear, ballistic missile, or
chemical weapons tests conducted by the United States in the
Marshall Islands, including with respect to cleanup activities
and the storage of waste relating to such tests.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Energy, shall--
(1) make publicly available any information
declassified as a result of the declassification review
required under subsection (a); and
(2) submit to the congressional defense committees a
report containing--
(A) the results of the declassification
review conducted under such subsection; and
(B) a justification for not declassifying any
information required to be included in the
declassification review that remains
classified.
----------
341. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8___. COMBATING TRAFFICKING IN PERSONS.
(a) Sense of Congress.--It is the sense of Congress that the
United States Government should have a zero tolerance policy
for human trafficking, and it is of vital importance that
Government contractors who engage in human trafficking be held
accountable.
(b) Analysis Required.--The Secretary of Defense shall review
the recommendations contained in the report of the Comptroller
General of the United States titled ``Human Trafficking: DOD
Should Address Weaknesses in Oversight of Contractors and
Reporting of Investigations Related to Contracts'' (dated
August 2021; GAO-21-546) and develop the following:
(1) Policies and processes to ensure contracting
officers of the Department of Defense be informed of
their responsibilities relating to combating
trafficking in persons and to ensure that such
contracting officers are accurately and completely
reporting trafficking in persons investigations.
(2) Policies and processes to specify--
(A) the offices and individuals within the
Department that should be receiving and
reporting on trafficking in persons incidents
involving contractors;
(B) the elements of the Department and
persons outside the Department that are
responsible for reporting trafficking in
persons investigations; and
(C) requirements relating to reporting such
incident in the Federal Awardee Performance and
Integrity Information System (or any other
contractor performance rating system).
(3) Policies and processes to ensure that combating
trafficking in persons monitoring is more effectively
implemented through, among other things, reviewing and
monitoring contractor compliance plans relating to
combating trafficking in persons.
(4) Policies and processes to ensure the Secretary of
Defense has accurate and complete information about
compliance with acquisition-specific training
requirements relating to combating trafficking in
persons by contractors.
(5) A mechanism for ensuring completion of such
training within 30 days after a contractor begins
performance on a contract.
(6) An assessment of the resources and staff required
to support oversight of combating trafficking in
persons, including resources and staff to validate
annual combating trafficking in persons self-
assessments by elements of the Department.
(c) Interim Brief.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall brief
the congressional defense committees, the Committee on
Oversight of the House of Representatives, and the Committee on
Homeland Security and Government Affairs of the Senate on the
preliminary findings of the analysis required by subsection
(b).
(d) Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees, the Committee on Oversight of the House of
Representatives, and the Committee on Homeland Security
and Government Affairs of the Senate the analysis
required by subsection (b).
(2) Form.--The report required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
----------
342. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following:
SEC. 1202. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER GENERAL
OF THE UNITED STATES AUDITS OF PROGRAMS TO BUILD
THE CAPACITY OF FOREIGN SECURITY FORCES.
Section 1205(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) is amended--
(1) in paragraph (1)--
(A) by striking ``2016, 2018 and 2020'' and
inserting ``2022, 2024, and 2026''; and
(B) by striking ``section 2282 of title 10,
United States Code (as so added)'' and
inserting ``subsections (a)(1) and (e)(7)(B) of
section 333 of title 10, United States Code'';
and
(2) in paragraph (2)--
(A) by redesignating subparagraph (E) as
subparagraph (G); and
(B) by inserting after subparagraph (D) the
following:
``(E) An assessment of coordination by the
Department of Defense with coalition partners
under the program or programs, as applicable.
``(F) A description and assessment of the
methodology used by the Department of Defense
to assess the effectiveness of training under
the program or programs.''.
----------
343. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. STUDY AND REPORT ON RISKS POSED TO DEPARTMENT OF DEFENSE
INFRASTRUCTURE AND READINESS BY WILDFIRE.
(a) Study.--The Secretary of Defense, in coordination with
the Secretary of the Interior, the Secretary of Agriculture,
and the Chief of the United States Forest Service, shall
conduct a study of the risks posed to Department of Defense
infrastructure and readiness by wildfire, including interrupted
training schedules, deployment of personnel and assets for fire
suppression, damage to training areas, and environmental
hazards such as unsafe air quality.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of the Interior, the Secretary
of Agriculture, and the Chief of the United States Forest
Service, shall submit to Congress a report on the findings of
the study conducted under subsection (a).
----------
344. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF QUARTERLY SUMMARIES OF REPORTS.
(a) In General.--Section 122a of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Quarterly Summaries.--For each calendar quarter, the
Secretary of Defense shall make publicly available on an
appropriate internet website a summary of all reports submitted
to Congress by the Department of Defense for that quarter that
are required to be submitted by statute. Each such summary
shall include, for each report covered by the summary, the
title of report, the date of delivery, and the section of law
under which such report is required.''.
(b) Applicability.--Subsection (c) of section 122a of title
10, United States Code, as added by subsection (a), shall apply
with respect to a calendar quarter that begins after the date
that is 180 days after the date of the enactment of this Act.
----------
345. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII the following new
section:
SEC. 60__. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter
into a contract with a federally funded research and
development center with the appropriate expertise and
analytical capability to carry out the study described in
subsection (b).
(b) Study.--The study described in this subsection shall--
(1) provide for a comprehensive assessment of
strategic and operational lessons collected from the
war in Afghanistan that can be applied to existing and
future security cooperation programs;
(2) identify metrics used in the war in Afghanistan
to measure progress in partner capacity building and
defense institution building and whether such metrics
are sufficient for measuring progress in future
security cooperation programs;
(3) assess challenges related to strategic planning
for capacity building, baseline assessments of partner
capacity, and issues related to project sustainment,
and recommendations for how to manage such challenges;
(4) assess Department of Defense coordination with
coalition partners engaged in partner capacity building
and defense institution building efforts, and
recommendations for how to improve such coordination;
(5) identify risks posed by rapid expansion or
reductions in security cooperation, and recommendations
for how to manage such risks;
(6) identify risks posed by corruption in security
cooperation programs and recommendations for how to
manage such risks;
(7) assess best practices and training improvements
for managing cultural barriers in partner countries,
and recommendations for how to promote cultural
competency;
(8) assess the effectiveness of the Department of
Defense in promoting the rights of women, including
incorporating a gender perspective in security
cooperation programs, in accordance with the Women,
Peace and Security Strategic Framework and
Implementation Plan issued by the Department of Defense
in June 2020 and the Women, Peace and Security Act of
2017 (Public Law 115-68);
(9) identify best practices to promote partner
country ownership of long-term objectives of the United
States including with respect to human rights,
democratic governance, and the rule of law;
(10) assess challenges related to contractors of the
Department of Defense, including cost, limited
functions, and oversight; and
(11) assess best practices for sharing lessons on
security cooperation with allies and partners.
(c) Report.--
(1) To secretary of defense.--Not later than two
years after the date on which a federally funded
research and development center enters into a contract
described in subsection (a), such center shall submit
to the Secretary of Defense a report containing the
results of the study required under this section.
(2) To congress.-- Not later than 30 days after the
receipt of the report under paragraph (1), the
Secretary of Defense shall submit to Congress such
report, which shall be made public, together with any
additional views or recommendations of the Secretary,
which may be transmitted in a classified annex.
----------
346. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, insert the following:
SEC. 10__. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH CERTAIN
STATUTORY REPORTING REQUIREMENTS.
(a) Limitation.--Of the funds authorized to be appropriated
or otherwise made available for fiscal year 2022 for the Office
of the Secretary of Defense for travel expenses, not more than
90 percent may be obligated or expended before the date on
which all of the following reports are submitted to Congress
and made publicly available:
(1) The report required under section 589F(c) of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
(2) The report required under section 888 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(b) Briefing Requirement.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate
and House of Representatives a briefing on obstacles to
compliance with congressional mandated reporting requirements.
----------
347. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII, add the following:
SEC. 1304. AUDIT OF NATO SEXUAL HARASSMENT AND SEXUAL ASSAULT POLICIES
AND PROCESSES.
(a) Audit.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department
of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives an audit of
policies, procedures, and processes for addressing allegations
of sexual harassment and sexual assault involving members of
the Armed Forces and civilian employees of the Department of
Defense serving in North Atlantic Treaty Organization's (NATO)
offices, components, and agencies.
(b) Elements.--The audit under subsection (a) shall include
the following:
(1) The options available to members of the Armed
forces and civilian employees of the Department of
Defense to report instances of sexual harassment or
sexual assault during service in a NATO capacity.
(2) The number of incidences of sexual harassment and
sexual assault committed by and against NATO personnel
that were reported to military officials and the number
of cases that were substantiated.
(3) The number of incidences of sexual harassment and
sexual assault committed by members of the Armed Forces
and civilian employees of the Department of Defense
that were reported to military officials and the number
of the cases so reported that were substantiated.
(4) A synopsis of each such substantiated case,
organized by offense, and, for each such case, the
action taken in the case, including the type of
disciplinary or administrative sanction imposed, if
any, including courts-martial sentences, nonjudicial
punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice),
administrative separations, or other disciplinary
action under applicable NATO policies.
(5) The policies, procedures, and processes
implemented by the Department of Defense in response to
incidents of sexual assault involving members of the
Armed Forces and civilian employees of the Department
of Defense.
(6) The policies, procedures, and processes
implemented by the Department of Defense related to
pre-deployment training of members of the Armed Forces
and civilian employees of the Department of Defense on
NATO policies on sexual harassment and sexual assault.
(c) Form.--The audit under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
----------
348. An Amendment To Be Offered by Representative Posey of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. PRIORITY FOR DOMESTICALLY SOURCED BOVINE HEPARIN.
The Secretary of Defense shall provide priority for
domestically sourced, fully traceable, bovine heparin approved
by the Food and Drug Administration when available.
----------
349. An Amendment To Be Offered by Representative Pressley of
Massachusetts or Her Designee, Debatable for 10 Minutes
In title LX, add at the end the following:
SEC. 6013. SENSE OF CONGRESS ON THE USE OF THE DEFENSE PRODUCTION ACT
OF 1950 FOR GLOBAL VACCINE PRODUCTION.
(a) Findings.--The Congress finds the following:
(1) As President Biden has stated, ``We know America
will never be fully safe until the pandemic that is
raging globally is under control. No ocean is wide
enough, no wall is high enough to keep us safe.''.
(2) More than 600,000 Americans have already died
from COVID-19. Already, more Americans have died from
COVID-19 than from World War I, World War II, the
Vietnam War, and 9/11 combined. The continued
replication of SARS-CoV-2 abroad increases the
likelihood of a harmful mutation that renders current
vaccines ineffective. A new variant could be more
transmissible and cause more severe disease, posing a
higher risk to the millions of Americans who have not
been vaccinated, like the Delta variant.
(3) Approximately 11 billion doses are needed to
vaccinate the world's population, but to date, the US
government has donated just 40 million doses. More
recent promises by the G7 would only deliver an
additional one billion doses by the end of 2022.
(4) Sharing manufacturing know-how and expertise is
critical to quickly ramping up production. Expanding
the world's manufacturing capacity is critical because
donations and bilateral agreements to increase vaccine
doses in low- and middle-income countries cannot
quickly meet the global demand.
(5) The U.S. Government, as the largest coronavirus
research and development funder in the world, is
uniquely positioned to push companies to share the
knowledge required to end the pandemic.
(6) Manufacturers around the world have affirmed that
they can help ramp up production if they have access to
technology. According to the World Health Organization,
19 manufacturers from more than a dozen countries in
Africa, Asia, and Latin America have expressed interest
in ramping up mRNA vaccine production. The Biden
administration has also urged companies to share
technology. But vaccine originator corporations have
been reluctant to share technology.
(7) The Defense Production Act of 1950 provides the
President with broad authority to support the nation's
defense. The Defense Production Act of 1950's
definition of ``national defense'' includes ``military
or critical infrastructure assistance to any foreign
nation''.
(8) The Defense Production Act of 1950 empowers the
President to directly ``allocate materials, services,
and facilities'' to promote national defense needs. The
Act defines ``materials'' to include ``any technical
information or services ancillary to the use of any
such materials''.
(9) The Defense Production Act of 1950 has been used
repeatedly to prioritize contracts and orders from U.S.
companies to foreign nations.
(b) Sense of Congress.--It is the sense of Congress that the
President should make full use of the President's authority
under the Defense Production Act of 1950 to scale vaccine
production and deployment globally, which will save millions of
lives and protect Americans from the risk of emerging viral
threats.
----------
350. An Amendment To Be Offered by Representative Quigley of Illinois
or His Designee, Debatable for 10 Minutes
Page 1365, after line 22, add the following:
TITLE LIV--PREVENTING FUTURE PANDEMICS
SEC. 5401. WILDLIFE MARKET DEFINED.
In this Act, the term ``wildlife market''--
(1) means a commercial market that--
(A) sells or slaughters terrestrial,
including avian, wildlife for human consumption
as food or medicine, whether the animals
originated in the wild or in a captive
environment; and
(B) delivers a product in communities where
alternative nutritional or protein sources are
available; and
(2) does not include markets in areas where no other
practical alternative sources of protein or meat
exists, such as wildlife markets in rural areas on
which indigenous people rely to feed themselves and
their families.
SEC. 5402. INTERNATIONAL COOPERATION.
(a) Sense of Congress.--It is the sense of Congress that
global institutions, including the Food and Agriculture
Organization of the United Nations (FAO), the World
Organisation for Animal Health (OIE), and the World Health
Organization (WHO), together with leading nongovernmental
organizations, veterinary colleges, and the United States
Agency for International Development (USAID), should promote
the paradigm of One Health--the integration of human health,
animal health, agriculture, ecosystems, and the environment as
an effective and integrated way to address the complexity of
emerging disease threats.
(b) Statement of Policy.--It is the policy of the United
States to facilitate international cooperation by working with
international partners and through intergovernmental,
international, and nongovernmental organizations such as the
United Nations to--
(1) lead a resolution at the United Nations Security
Council or General Assembly and World Health Assembly
outlining the danger to human and animal health from
emerging zoonotic infectious diseases, with
recommendations for implementing the worldwide closure
of wildlife markets and the ending of the associated
commercial trade of terrestrial wildlife that feed and
supply those markets, except for in such countries or
regions where the consumption of wildlife is necessary
for local food security or where such actions would
significantly disrupt a readily available and
irreplaceable food supply;
(2) work with governments through existing treaties
and the United Nations to develop a new protocol or
agreement, and amend existing protocols or agreements,
regarding stopping deforestation and other ecosystem
destruction, closing commercial wildlife markets for
human consumption, and end the associated commercial
trade of terrestrial wildlife that feed and supply
those markets while ensuring full consideration to the
needs and rights of indigenous peoples and local
communities that are dependent on wildlife for their
food security, national sovereignty, and local laws and
customs;
(3) disrupt and ultimately end the commercial
international trade in terrestrial wildlife associated
with wildlife markets and eliminate commercial wildlife
markets;
(4) disrupt and ultimately eliminate wildlife
trafficking associated with the operation of wildlife
markets;
(5) raise awareness on the dangerous potential of
wildlife markets as a source of zoonotic diseases such
as the novel coronavirus that causes the disease COVID-
19 and reduce demand for the consumption of wildlife
through evidence-based behavior change programs while
ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this process;
(6) encourage and support alternate forms of food
production, farming, and shifts to domestic animal- or
plant-source foods instead of terrestrial wildlife
where able and appropriate, and reduce consumer demand
for terrestrial wildlife through enhanced local and
national food systems, especially in areas where
wildlife markets play a significant role in meeting
subsistence needs while ensuring that existing wildlife
habitat is not encroached upon or destroyed as part of
this process; and
(7) strive to increase hygienic standards implemented
in markets around the globe, especially those
specializing in the sale of products intended for human
consumption.
(c) Activities.--
(1) Global prohibitions and enforcement.--The United
States Government, working through the United Nations
and its components, as well as international
organization such as Interpol and the World
Organisation for Animal Health, and in furtherance of
the policies described in subsection (b), shall--
(A) collaboratively with other member states,
issue declarations, statements, and communiques
urging a global ban on commercial wildlife
markets and trade for human consumption; and
(B) urge increased enforcement of existing
laws to end wildlife trafficking.
(2) International coalitions.--The Secretary of State
shall seek to build international coalitions focused on
ending commercial wildlife markets for human
consumption and associated wildlife trade which feeds
and supplies said markets, with a focus on the
following efforts:
(A) Providing assistance and advice to other
governments in the adoption of legislation and
regulations to close wildlife markets and trade
for human consumption.
(B) Creating economic pressure on wildlife
markets and their supply chains to prevent
their operation.
(C) Providing assistance and guidance to
other governments to prohibit the import,
export, and domestic trade of live terrestrial
wildlife for the purpose of human consumption.
(D) Engaging and receiving guidance from key
stakeholders at the ministerial, local
government, and civil society level in
countries that will be impacted by this Act and
where wildlife markets and associated wildlife
trafficking is the predominant source of meat
or protein, in order to mitigate the impact of
any international efforts on local customs,
conservation methods, or cultural norms.
(d) United States Agency for International Development.--
(1) Sustainable food systems funding.--
(A) Authorization of appropriations.--In
addition to any other amounts provided for such
purposes, there is authorized to be
appropriated $300,000,000 for each fiscal year
from 2021 through 2030 to the United States
Agency for International Development to reduce
demand for consumption of wildlife from
wildlife markets and support shifts to
diversified alternative sources of food and
protein in communities that rely upon the
consumption of wildlife for food security while
ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this
process.
(B) Activities.--The Bureau for Economic
Growth, Education, and Environment, the Bureau
for Resilience and Food Security, and the
Bureau for Global Health of the United States
Agency for International Development shall, in
partnership with United States institutions of
higher education and nongovernmental
organizations, co-develop approaches focused on
safe, sustainable food systems that support and
incentivize the replacement of terrestrial
wildlife in diets while ensuring that existing
wildlife habitat is not encroached upon or
destroyed as part of this process.
(2) Addressing threats and causes of zoonotic disease
outbreaks.--The Administrator of the United States
Agency for International Development shall increase
activities in USAID programs related to biodiversity,
wildlife trafficking, sustainable landscape, global
health, food security, and resilience in order to
address the threats and causes of zoonotic disease
outbreaks, including through--
(A) education;
(B) capacity building;
(C) strengthening human health surveillance
systems for emergence of zoonotic disease, and
strengthening cross-sectoral collaboration to
align risk reduction approaches;
(D) improved domestic and wild animal disease
surveillance and control at production and
market levels;
(E) development of alternative livelihood
opportunities where possible;
(F) conservation of intact ecosystems and
reduction of fragmentation and conversion of
natural habitats to prevent the creation of new
pathways for zoonotic disease transmission;
(G) minimizing interactions between domestic
livestock and wild animals in markets and
captive production; and
(H) supporting shifts from wildlife markets
to diversified, safe, affordable, and
accessible protein such as domestic animal- and
plant-source foods through enhanced local and
national food systems while ensuring that
existing wildlife habitat is not encroached
upon or destroyed as part of this process.
(3) Immediate relief funding to stabilize protected
areas.--The Administrator of the United States Agency
for International Development shall administer
immediate relief funding to stabilize protected areas
and conservancies.
(e) Staffing Requirements.--
(1) Office of terrorism and financial intelligence.--
The Under Secretary of the Treasury for Terrorism and
Financial Intelligence is encouraged to hire additional
investigators to bolster capacity for investigations
focused on individuals engaged in the activities
described in subsection (c).
(2) United states agency for international
development.--The Administrator of the United States
Agency for International Development, in collaboration
with the United States Fish and Wildlife Service, the
United States Department of Agriculture Animal and
Plant Health Inspection Service, and other Federal
entities as appropriate, is authorized to hire
additional personnel--
(A) to undertake programs aimed at reducing
the risks of endemic and emerging infectious
diseases and exposure to antimicrobial
resistant pathogens;
(B) to provide administrative support and
resources to ensure effective and efficient
coordination of funding opportunities and
sharing of expertise from relevant USAID
bureaus and programs, including emerging
pandemic threats;
(C) to award funding to on-the-ground
projects;
(D) to provide project oversight to ensure
accountability and transparency in all phases
of the award process; and
(E) to undertake additional activities under
this Act.
(f) Reporting Requirements.--
(1) Department of state.--Not later than 180 days
after the date of the enactment of this Act, and
annually thereafter until 2030, the Secretary of State
shall submit to the appropriate congressional
committees a report describing--
(A) the actions taken pursuant to this Act;
(B) the impact and effectiveness of
international cooperation on ending the use and
operation of wildlife markets;
(C) the impact and effectiveness of
international cooperation on ending wildlife
trafficking associated with wildlife markets;
and
(D) the impact and effectiveness of
international cooperation on ending the
international trade in live terrestrial
wildlife for human consumption as food or
medicine.
(2) United states agency for international
development.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
United States Agency for International Development
shall submit to the appropriate congressional
committees a report--
(A) describing the actions taken pursuant to
this Act;
(B) describing the impact and effectiveness
of reducing demand for consumption of wildlife
and associated wildlife markets;
(C) summarizing additional personnel hired
with funding authorized under this Act,
including the number hired in each bureau; and
(D) describing partnerships developed with
other institutions of higher learning and
nongovernmental organizations.
----------
351. An Amendment To Be Offered by Representative Quigley of Illinois
or His Designee, Debatable for 10 Minutes
Page 1365, after line 22, add the following:
SEC. ___. LAW ENFORCEMENT ATTACHE DEPLOYMENT.
(a) In General.--Beginning in fiscal year 2021, the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service, in consultation with the
Secretary of State, shall require the Chief of Law Enforcement
of the United States Fish and Wildlife Service to hire, train,
and deploy not fewer than 50 new United States Fish and
Wildlife Service law enforcement attaches, and appropriate
additional support staff, at one or more United States
embassies, consulates, commands, or other facilities--
(1) in one or more countries designated as a focus
country or a country of concern in the most recent
report submitted under section 201 of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of
2016 (16 U.S.C. 7621); and
(2) in such additional countries or regions, as
determined by the Secretary of Interior, that are known
or suspected to be a source of illegal trade of species
listed--
(A) as threatened species or endangered
species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); or
(B) under appendix I of the Convention on
International Trade in Endangered Species of
Wild Fauna and Flora, done at Washington March
3, 1973 (27 UST 1087; TIAS 8249); or
(C) on the International Union for the
Conservation of Nature's Red List of Threatened
Species.
(b) Funding.--There is authorized to be appropriated to carry
out this section $150,000,000 for each of fiscal years 2021
through 2030.
----------
352. An Amendment To Be Offered by Representative Radewagen of American
Samoa or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS TO DECIDE
APPEALS RELATING TO QUALIFIED HUBZONE SMALL
BUSINESS CONCERNS.
Not later than 1 year after the date of the enactment of this
Act, the Administrator of the Small Business Administration
shall issue a rule authorizing the Office of Hearings and
Appeals of the Administration to decide all appeals from formal
protest determinations in connection with the status of a
concern as qualified HUBZone small business concern (as such
term is defined in section 31(b) of the Small Business Act (15
U.S.C. 657a(b)).
----------
353. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60__. NATIONAL ACADEMIES SCIENCE, TECHNOLOGY, AND SECURITY
ROUNDTABLE.
Section 1746(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note) is
amended--
(1) in paragraph (3)(B), by striking ``involving
federally funded research and development'' and
inserting ``facing the United States research
enterprise'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by inserting after paragraph (4) the following
new paragraph:
``(5) Ad-hoc committee.--
``(A) In general.--The roundtable shall
convene an ad-hoc committee to study and make
recommendations on research security issues
consistent with paragraph (3).
``(B) Study and report.--Not later than 180
days after the first meeting of the ad-hoc
committee convened under subparagraph (A), such
committee shall--
``(i) complete a fast-track consensus
study on the feasibility of
establishing an independent, non-profit
entity (referred to in this paragraph
as the `entity') to further protect the
United States research enterprise
against foreign interference, theft,
and espionage; and
``(ii) submit to the relevant
committees a report on the results of
the study.
``(C) Elements.--The report required under
subparagraph (B)(ii) shall include analysis and
recommendations with respect to each of the
following:
``(i) The organizational structure of
the entity.
``(ii) The appropriate relationship
between the entity and the Federal
government, including the interagency
working group established under
subsection (a).
``(iii) The appropriate level of
financial resources needed to establish
the entity.
``(iv) A self-sustaining funding
model for the entity.
``(v) Whether and how the entity
can--
``(I) enable informed,
proactive, and unbiased risk
assessment for and by the
United States research
enterprise;
``(II) in coordination with
the interagency working group
established under subsection
(a), the Federal agencies that
comprise the working group, and
the roundtable under this
subsection, promote actionable
and timely information sharing
among the United States
research enterprise about
foreign interference, theft,
and espionage of research and
development;
``(III) provide non-punitive,
non-legally binding advice to
the United States research
enterprise, including frontline
researchers, about foreign
inference, theft, and espionage
including advice with respect
to risks associated with
international partnerships and
foreign talent recruitment
programs;
``(IV) secure the trust and
active participation of the
United States research
enterprise;
``(V) regularly conduct open-
source intelligence analysis to
provide actionable and timely
unclassified information to the
United States research
enterprise about foreign
interference, theft, and
espionage, including analysis
to be tailored specifically for
the purpose of assisting
frontline researchers in making
security-informed decisions;
and
``(VI) offer products and
services to the United States
research enterprise to help
inform research security
efforts such as analyses of
global research and development
trends, advice regarding
intellectual property
production and protection,
market analyses, and risk
assessment for day-to-day
activities such as
collaboration, travel, and
hiring.
``(vi) Such other information and
recommendations as the committee
considers necessary to ensure that the
entity operates effectively.''; and
(4) in paragraph (6), as so redesignated, by striking
``2024'' and inserting ``2025''.
----------
354. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. 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.
----------
355. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
In title LX of division E, add at the end the following:
SEC. 6013. BLOCKING DEADLY FENTANYL IMPORTS.
(a) Definitions.--Section 481(e)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291(e)(2)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``in which'';
(2) in subparagraph (A), by inserting ``in which''
before ``1,000'';
(3) in subparagraph (B)--
(A) by inserting ``in which'' before
``1,000''; and
(B) by striking ``or'' at the end;
(4) in subparagraph (C)--
(A) by inserting ``in which'' before
``5,000''; and
(B) by inserting ``or'' after the semicolon;
and
(5) by adding at the end the following:
``(D) that is a significant source of illicit
synthetic opioids significantly affecting the
United States;''.
(b) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)) is amended by adding at the end the following:
``(10) A separate section that contains the
following:
``(A) An identification of the countries, to
the extent feasible, that are the most
significant sources of illicit fentanyl and
fentanyl analogues significantly affecting the
United States during the preceding calendar
year.
``(B) A description of the extent to which
each country identified pursuant to
subparagraph (A) has cooperated with the United
States to prevent the articles or chemicals
described in subparagraph (A) from being
exported from such country to the United
States.
``(C) A description of whether each country
identified pursuant to subparagraph (A) has
adopted and utilizes scheduling or other
procedures for illicit drugs that are similar
in effect to the procedures authorized under
title II of the Controlled Substances Act (21
U.S.C. 811 et seq.) for adding drugs and other
substances to the controlled substances
schedules;
``(D) A description of whether each country
identified pursuant to subparagraph (A) is
following steps to prosecute individuals
involved in the illicit manufacture or
distribution of controlled substance analogues
(as defined in section 102(32) of the
Controlled Substances Act (21 U.S.C. 802(32));
and
``(E) A description of whether each country
identified pursuant to subparagraph (A)
requires the registration of tableting machines
and encapsulating machines or other measures
similar in effect to the registration
requirements set forth in part 1310 of title
21, Code of Federal Regulations, and has not
made good faith efforts, in the opinion of the
Secretary, to improve regulation of tableting
machines and encapsulating machines.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is 90 days after the date of
the enactment of this Act.
----------
356. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. PLAN FOR ENSURING SOURCES OF CANNON TUBES.
The Secretary of the Army shall develop and implement an
investment and sustainment plan to ensure the sourcing of
cannon tubes for the purpose of mitigating risk to the Army and
the industrial base. Under the plan, the Secretary of the Army
shall--
(1) identify qualified and capable sources, in
addition to those currently used, from which cannon
tubes may be procured; and
(2) determine the feasibility, advisability, and
affordability of procuring cannon tubes from such
sources on a sustainable basis.
----------
357. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR WEBSITE.
The Secretary of Defense shall ensure that the publicly
accessible internet website of the Department of Defense that
lists individuals who have been awarded certain military awards
includes a list of each individual who meets the following
criteria:
(1) After the date of the enactment of this Act, the
individual is awarded the Purple Heart.
(2) The individual elects to be included on such list
(or, if the individual is deceased, the primary next of
kin elects the individual to be included on such list).
----------
358. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE
LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate
the ability to deploy additive manufacturing
capabilities in expeditionary settings and strengthen
the United States defense industrial supply chain; and
(2) Congress and the Department of Defense should
continue to support the additive manufacturing and
machine learning initiative of the Army.
----------
359. An Amendment To Be Offered by Representative Ross of North
Carolina or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII of division A, insert
the following:
SEC. 7__. ACCESS TO MENSTRUAL HYGIENE PRODUCTS AND ACCOMMODATIONS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to Congress a report
on the availability of menstrual hygiene products on military
bases, and accommodations related to menstrual hygiene
available to members of the Armed Forces.
----------
360. An Amendment To Be Offered by Representative Ross of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII of division A, insert
the following:
SEC. 7__. REPORT ON PRECONCEPTION AND PRENATAL CARRIER SCREENING TESTS
UNDER TRICARE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on potential TRICARE coverage of
preconception and prenatal carrier screening tests for certain
medical conditions.
(b) Report Contents.--The report required under subsection
(a) shall include, with respect to such tests--
(1) a cost-benefit analysis of TRICARE coverage
expansion;
(2) an assessment of the coverage of such tests by
public and private sector health plans; and
(3) an assessment of the benefits to health outcomes
for military families and the impact, if any, on
military readiness of members of the Armed Forces.
(c) Definition of TRICARE.--In this section, the term
``TRICARE'' has the meaning given that term in section 1072 of
title 10, United States Code.
----------
361. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 576. GAO REPORT ON LOW NUMBER OF HISPANIC LEADERS IN THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the result of a
study regarding--
(1) the reasons for the low number of Hispanic
officers and members of the Armed Forces in leadership
positions; and
(2) recommendations to increase such numbers.
----------
362. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 576. GAO REPORT ON LOW NUMBER OF HISPANIC CADETS AND MIDSHIPMEN IN
THE MILITARY SERVICE ACADEMIES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the result of a
study regarding--
(1) the reasons for the low number of Hispanic cadets
and midshipmen at the military service academies; and
(2) recommendations to increase such numbers.
----------
363. An Amendment To Be Offered by Representative Sablan of Northern
Mariana Islands or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. MICROLOAN PROGRAM; DEFINITIONS.
Paragraph (11) of section 7(m) of the Small Business Act (15
U.S.C. 636(m)(11)) is amended--
(1) in clause (ii) of subparagraph (C), by striking
``rural'' and all that follows to the end of the clause
and inserting ``rural;'';
(2) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(E) the term `State' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands
of the United States, Guam, the Commonwealth of
the Northern Mariana Islands, and American
Samoa.''.
----------
364. An Amendment To Be Offered by Representative Salazar of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title X, insert the following:
SEC. 10__. CONGRESSIONAL NOTIFICATION OF PENDING RETIREMENTS OF NAVAL
VESSELS THAT ARE VIABLE CANDIDATES FOR ARTIFICIAL
REEFING.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should explore and solicit artificial
reefing opportunities with appropriate entities for any naval
vessel planned for retirement before initiating any plans to
dispose of the vessel.
(b) Report.--Not later than 90 days before the retirement
from the Naval Vessel Register of any naval vessel that is a
viable candidate for artificial reefing, the Secretary of the
Navy shall notify Congress of the pending retirement of such
vessel.
----------
365. An Amendment To Be Offered by Representative Salazar of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN SMALL
BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business Act
(15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(2) by striking ``$3,000,000'' and inserting
``$8,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by striking ``$7,000,000''
and inserting ``$10,000,000''; and
(B) in clause (ii), by striking
``$4,000,000'' and inserting ``$8,000,000'';
and
(2) in paragraph (8)(B)--
(A) in clause (i), by striking ``$7,000,000''
and inserting ``$10,000,000''; and
(B) in clause (ii), by striking
``$4,000,000'' and inserting ``$8,000,000''.
(c) Qualified HUBZone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C.
657a(c)(2)(A)(ii)) is amended--
(1) in subclause (I), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subclause (II), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(d) Small Business Concerns Owned and Controlled by Service-
Disabled Veterans.--Section 36(c)(2)(A) of the Small Business
Act (15 U.S.C. 657f) is amended--
(1) in subparagraph (A), by striking ``$7,000,000''
and inserting ``$10,000,000''; and
(2) in subparagraph (B), by striking ``$3,000,000''
and inserting ``$8,000,000''.
(e) Certain Veteran-Owned Concerns.--Section 8127(c) of title
38, United States Code, is amended by striking ``$5,000,000''
and inserting ``the dollar thresholds under section 36(c)(2)(A)
of the Small Business Act''.
----------
366. An Amendment To Be Offered by Representative San Nicolas of Guam
or His Designee, Debatable for 10 Minutes
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. INCLUDING OF TRIBAL GOVERNMENTS AND TERRITORIES IN THE HIGH-
RISK MONEY LAUNDERING AND RELATED FINANCIAL CRIME
AREAS.
(a) Findings.--The Congress finds the following:
(1) According to the Department of Justice, human
trafficking is ``a crime that involves exploiting a
person for labor, services, or commercial sex'', a
global illicit trade that is estimated by Global
Financial Integrity to be valued at more than $150.2
billion each year.
(2) Polaris, the non-governmental organization which
runs the United States National Human Trafficking
Hotline, has found that while human trafficking is a
nationwide problem, the majority of domestic human
trafficking victims are ``people who have historically
faced discrimination and its political, social and
economic consequences: people of color, indigenous
communities, immigrants and people who identify as
LGBTQ+''.
(3) For this reason, it is important that law
enforcement representing native communities and
territories are part of the national dialogue about
countering human trafficking.
(4) The High Intensity Financial Crime Areas program,
which is intended to concentrate law enforcement
efforts at the Federal, State, and local level to
combat money laundering in designated high-intensity
money laundering zones, considers human trafficking
among other financial crime issues and actors.
(5) In each High Intensity Financial Crime Area, a
money-laundering action team, comprised of relevant
Federal, State, and local enforcement authorities,
prosecutors, and financial regulators, works together
to coordinate Federal, State, and local anti-money
laundering effort.
(6) The High Intensity Financial Crime Area program
does not currently mandate the inclusion of law
enforcement and other agencies from Tribes and
territories.
(7) Further, the National Strategy for Combating
Terrorist and Other Illicit Financing, a valuable
report which is scheduled to sunset in January 2022,
does not currently mandate the inclusion of law
enforcement and other agencies from Tribes and
Territories.
(b) National Strategy for Combating Terrorist and Other
Illicit Financing.--The Countering Russian Influence in Europe
and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is amended--
(1) in section 261(b)(2)--
(A) by striking ``2020'' and inserting
``2024''; and
(B) by striking ``2022'' and inserting
``2026'';
(2) in section 262--
(A) in paragraph (1)--
(i) by striking ``in the documents
entitled `2015 National Money
Laundering Risk Assessment' and `2015
National Terrorist Financing Risk
Assessment','' and inserting ``in the
documents entitled `2020 National
Strategy for Combating Terrorist and
Other Illicit Financing' and `2022
National Strategy for Combating
Terrorist and Other Illicit
Financing'''; and
(ii) by striking ``the broader
counter terrorism strategy of the
United States'' and inserting ``the
broader counter terrorism and national
security strategies of the United
States'';
(B) in paragraph (6)--
(i) by striking ``Prevention of
illicit finance'' and inserting
``prevention, detection, and defeat of
illicit finance'';
(ii) by striking ``private financial
sector'' and inserting ``private
sector, including financial and other
relevant industries,''; and
(iii) by striking ``with regard to
the prevention and detection of illicit
finance'' and inserting ``with regard
to the prevention, detection, and
defeat of illicit finance'';
(C) in paragraph (7)--
(i) by striking ``Federal, State, and
local officials'' and inserting
``Federal, State, local, Tribal, and
Territory officials''; and
(ii) by inserting after ``State and
local prosecutors,'' the following:
``Tribal and Territorial law
enforcement''; and
(D) in paragraph (8), by striking ``so-
called''.
(c) Law Enforcement and Other Agencies From Tribes and
Territories.--Section 5342 of title 31, United States Code is
amended--
(1) in subsection (a)(1)(B), by striking ``local,
State, national,'' and inserting ``local, State,
national, Tribal, Territorial,'';
(2) in subsection (a)(2)(A), by striking ``with
State'' and inserting ``with State, Tribal,
Territorial,'';
(3) in subsection (c)(3), by striking ``any State or
local official or prosecutor'' and inserting ``any
State, local, Tribe, or Territory official or
prosecutor''; and
(4) in subsection (d), by striking ``State and local
governments and State and local law enforcement
agencies'' and inserting ``State, local, Tribal, and
Territorial governments and State, local, Tribal, and
Territorial agencies''.
(d) Financial Crime-Free Communities Support Program.--
(1) In general.--Section 5351 of title 31, United
States Code, is amended by striking ``to support local
law enforcement efforts'' and inserting`` to support
local, Tribal, and Territorial law enforcement
efforts''.
(2) Program authorization.--Section 5352 of title 31,
United States Code, is amended--
(A) in subsection (a), by striking ``State or
local'' in each place it occurs and inserting
``State, local, Tribal, or Territorial''; and
(B) in subsection (c)--
(i) by striking ``State or local''
and inserting ``State, local, Tribal,
or Territorial''; and
(ii) in paragraph (1), by striking
``State law'' and inserting ``State,
Tribal, or Territorial law''.
(3) Information collection and dissemination.--
Section 5353(b)(3)(A) of title 31, United States Code,
is amended by striking ``State local law enforcement
agencies'' and inserting ``State, local, Tribal, and
Territorial law enforcement agencies''.
(4) Grants for fighting money laundering and related
financial crimes.--Section 5354 of title 31, United
States Code, is amended--
(A) by striking ``State or local law
enforcement'' and inserting ``State, local,
Tribal, or Territorial law enforcement'';
(B) by striking ``State and local law
enforcement'' and inserting ``State, local,
Tribal, and Territorial law enforcement''; and
(C) by striking ``Federal, State, and local
cooperative law enforcement'' and inserting
``Federal, State, local, Tribal, and
Territorial cooperative law enforcement''.
----------
367. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII of division A, add the
following:
SEC. 13_. REPORT ON EFFORTS OF NATO TO COUNTER MISINFORMATION AND
DISINFORMATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the entities specified in subsection (b) a report on
efforts of the North Atlantic Treaty Organization (NATO) and
NATO member states to counter misinformation and
disinformation.
(b) Entities Specified.--The entities specified in this
subsection are--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and
the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) each member of the United States delegation to
the NATO Parliamentary Assembly.
(c) Elements.--The report required by subsection (a) shall--
(1) assess--
(A) vulnerabilities of NATO member states and
NATO to misinformation and disinformation and
describe efforts to counter such activities;
(B) the capacity and efforts of NATO member
states and NATO to counter misinformation and
disinformation, including United States
cooperation with other NATO members states; and
(C) misinformation and disinformation
campaigns carried out by authoritarian states,
particularly Russia and China; and
(2) include recommendations to counter misinformation
and disinformation.
----------
368. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII, insert the following:
SEC. 13__. FUNDING FOR THE NATO STRATEGIC COMMUNICATIONS CENTER OF
EXCELLENCE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 4301 for Operating Forces, Special
Operations Command Theatre Forces, line 110, as specified in
the corresponding the corresponding funding tables in division
D, for the NATO Strategic Communication Center of Excellence is
hereby increased by $5,000,000, to be made available for the
purposes described in subsection (c).
(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,
Space Force, as specified in the corresponding funding table in
section 4301, for Contractor Logistics and System Support is
hereby reduced by $5,000,000.
(c) Purposes.--The Secretary of Defense shall provide funds
for the NATO Strategic Communications Center of Excellence (in
this section referred to as the ``Center'') to--
(1) enhance the capability, cooperation, and
information sharing among NATO, NATO member countries,
and partners, with respect to strategic communications
and information operations; and
(2) facilitate education, research and development,
lessons learned, and consultation in strategic
communications and information operations.
(d) Certification.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
certify to the Committees on Armed Services of the House of
Representatives and the Senate that the Secretary has assigned
executive agent responsibility for the Center to an appropriate
organization within the Department of Defense, and detail the
steps being undertaken to strengthen the role of Center in
fostering strategic communications and information operations
within NATO.
(e) Briefing Requirement.--
(1) In general.--The Secretary of Defense shall brief
the recipients listed in paragraph (2) not less than
twice each year on the efforts of the Department of
Defense to strengthen the role of the Center in
fostering strategic communications and information
operations within NATO.
(2) Recipients.--The recipients listed in this
paragraph are the following:
(A) The Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(B) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(C) Each member of the United States
delegation to the NATO Parliamentary Assembly.
(3) Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report on the
matter described in paragraph (1).
----------
369. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII, insert the following:
SEC. 13__. BRIEFING ON IMPROVEMENTS TO NATO STRATEGIC COMMUNICATIONS
CENTER OF EXCELLENCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall periodically
brief the recipients listed in subsection (b) on--
(1) how the Department of Defense is working with the
NATO Strategic Communications Center of Excellence and
the interagency to improve NATO's ability to counter
and mitigate disinformation, active measures,
propaganda, and denial and deception activities of
Russia and China; and
(2) how the Department of Defense is developing ways
to improve strategic communications within NATO,
including enhancing the capacity of and coordination
with the NATO Strategic Communications Center of
Excellence.
(b) Recipients.--The recipients listed in this paragraph are
the following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
(2) The Committee on Armed Services and the Committee
on Appropriations of the Senate.
(3) Each member of the United States delegation to
the NATO Parliamentary Assembly.
(c) Report Required.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to
Congress a report containing the recommendations of the
Secretary with respect to improving strategic communications
within NATO.
----------
370. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII of division A, add the
following:
SEC. __. SENSE OF CONGRESS ON ENHANCING NATO EFFORTS TO COUNTER
MISINFORMATION AND DISINFORMATION.
It is the sense of Congress that the United States should--
(1) prioritize efforts to enhance the North Atlantic
Treaty Organization' (NATO's) capacity to counter
misinformation and disinformation;
(2) support an increase in NATO's human, financial,
and technological resources and capacity dedicated to
understand, respond to, and fight threats in the
information space;
(3) support building technological resilience to
misinformation and disinformation;
(4) reiterate United States commitment to women's
equal rights and dedicate additional resources to
understanding and countering the effects of gendered
disinformation to democracies; and
(5) prioritize the importance of democratic
resilience and countering misinformaton and
disinformation during ongoing negotiations over a new
NATO Strategic Concept to be adopted at the 2022 NATO
summit.
SEC. __. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its
member delegations;
(2) communicate with and educate the public on the
benefits and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation
and disinformation.
----------
371. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__. REPORT ON OBSTACLES TO VETERAN PARTICIPATION IN FEDERAL
HOUSING PROGRAMS.
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 Housing and Urban Development, shall
submit to Congress a report on the obstacles veterans
experience related to receiving benefits under Federal housing
programs, including obstacles relating to women veterans,
LGBTQ+ veterans, and multi-generational family types and
obstacles relating to eligibility requirements (including local
Area Median Income limits, chronicity and disability
requirements, and required documentation).
----------
372. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__ DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES
AND HOUSING INSECURITY.
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 Housing and Urban Development and the
Secretary of Labor, shall submit to Congress a report on how
often and what type of supportive services (including career
transition and mental health services and services for elderly
veterans) are being offered to and used by veterans, and any
correlation between a lack of supportive services programs and
the likelihood of veterans falling back into housing
insecurity. The Secretary of Veterans Affairs shall ensure that
any medical information included in the report is de-
identified.
----------
373. An Amendment To Be Offered by Representative Schakowsky of
Illinois or Her Designee, Debatable for 10 Minutes
Page 744, after line 11, add the following:
SEC. 856. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR
CONTRACTS AND PERSONNEL.
(a) Report on Actions Taken To Implement Government
Accountability Office Recommendations.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretaries of the military
departments (as defined in section 101 of title 10, United
States Code), shall submit to the congressional defense
committees a report on the efforts and plans of the Department
of Defense to implement the recommendations contained in the
report of the Government Accountability Office titled ``PRIVATE
SECURITY CONTRACTORS: DOD Needs to Better Identify and Monitor
Personnel and Contracts'' (GAO-21-255), dated July 29, 2021.
(b) Form of Submissions.--The report required by subsection
(a) shall, to the maximum extent possible, be submitted in
unclassified form, but may contain a classified annex.
(c) Report Contents.--The report required by subsection (a)
shall contain--
(1) a summary of the actions planned or taken by
Department of Defense to implement the three
recommendations in the report of the Government
Accountability Office described in such subsection;
(2) a schedule for completing the implementation of
each such recommendation, including specific
milestones;
(3) a comprehensive list of--
(A) the specific contracted activities and
services designated by the Department private
security functions; and
(B) the private security contracts of the
Department in effect at any time during fiscal
year 2021;
(4) an explanation of how the Department plans to
ensure that information pertaining to private security
contracts and personnel can be uniquely identified in
the databases of the Department used to record
information on contracts and contractor personnel; and
(5) a summary of the data possessed by the Department
on all private security contracts in effect as of the
end of fiscal year 2021, including--
(A) the number of such contracts;
(B) the number of contractors for such
contracts;
(C) the number of private security personnel
performing private security functions under
such contracts, including the number of such
personnel who are armed and the number who are
unarmed; and
(D) for all such private security personnel,
job titles and primary duty stations under such
contracts, including whether such individual is
deployed inside or outside of the continental
United States.
(d) Definitions.--In this section:
(1) Private security contract.--The term ``private
security contract'' means a covered contract (as
defined under section 159.3 of title 32, Code of
Federal Regulations) under which private security
functions are performed.
(2) Private security functions.--The term ``private
security functions'' has the meaning given such term
under section 159.3 of title 32, Code of Federal
Regulations.
(3) Private security personnel.--The term ``private
security personnel'' has the meaning given the term
``PSC personnel'' under section 159.3 of title 32, Code
of Federal Regulations.
----------
374. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of title LX, insert the following:
SEC. 60__. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES
OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E.
EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall authorize
the inclusion on the Vietnam Veterans Memorial Wall in the
District of Columbia of the names of the 74 crew members of the
U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall
consult with the Secretary of the Interior, the American
Battlefield Monuments Commission, and other applicable
authorities with respect to any adjustments to the nomenclature
and placement of names pursuant to subsection (a) to address
any space limitations on the placement of additional names on
the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter 89
of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to any activities
carried out under subsection (a) or (b).
----------
375. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. JAMAL KHASHOGGI PRESS FREEDOM ACCOUNTABILITY ACT OF 2021.
(a) Expanding Scope of Human Rights Reports With Respect to
Violations of Human Rights of Journalists.--The Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended as
follows:
(1) In paragraph (12) of section 116(d)--
(A) in subparagraph (B)--
(i) by inserting ``or online
harassment'' after ``direct physical
attacks''; and
(ii) by inserting ``or surveillance''
after ``sources of pressure'';
(B) in subparagraph (C)(ii), by striking
``ensure the prosecution'' and all that follows
to the end of the clause and inserting ``ensure
the investigation, prosecution, and conviction
of government officials or private individuals
who engage in or facilitate digital or physical
attacks, including hacking, censorship,
surveillance, harassment, unlawful
imprisonment, or bodily harm, against
journalists and others who perform, or provide
administrative support to, the dissemination of
print, broadcast, internet-based, or social
media intended to communicate facts or
opinion.'';
(C) by redesignating subparagraphs (B) and
(C) (as amended by subparagraph (A) of this
section) as subparagraphs (C) and (D),
respectively; and
(D) by inserting after subparagraph (A) the
following new subparagraph:
``(B) an identification of countries in which
there were gross violations of internationally
recognized human rights (as such term is
defined for purposes of section 502B) committed
against journalists;''.
(2) By redesignating the second subsection (i) of
section 502B as subsection (j).
(3) In the first subsection (i) of section 502B--
(A) in paragraph (2)--
(i) by inserting ``or online
harassment'' after ``direct physical
attacks''; and
(ii) by inserting ``or surveillance''
after ``sources of pressure'';
(B) by redesignating paragraph (2) (as
amended by subparagraph (A) of this section)
and paragraph (3) as paragraphs (3) and (4),
respectively; and
(C) by inserting after paragraph (1) the
following new paragraph:
``(2) an identification of countries in which there
were gross violations of internationally recognized
human rights committed against journalists;''.
(b) Imposition of Sanctions on Persons Responsible for the
Commission of Gross Violations of Internationally Recognized
Human Rights Against Journalists.--
(1) Listing of persons who have committed gross
violations of internationally recognized human
rights.--
(A) In general.--On or after the date on
which a person is listed pursuant to
subparagraph (B), the President shall impose
the sanctions described in paragraph (2) on
each foreign person the President determines,
based on credible information, has perpetrated,
ordered, or otherwise directed the
extrajudicial killing of or other gross
violation of internationally recognized human
rights committed against a journalist or other
person who performs, or provides administrative
support to, the dissemination of print,
broadcast, internet-based, or social media
intended to report newsworthy activities or
information, or communicate facts or fact-based
opinions.
(B) Publication of list.--The Secretary of
State shall publish on a publicly available
website of the Department of State a list of
the names of each foreign person determined
pursuant to subparagraph (A) to have
perpetrated, ordered, or directed an act
described in such paragraph. Such list shall be
updated at least annually.
(C) Exception.--The President may waive the
imposition of sanctions under subparagraph (A)
(and omit a foreign person from the list
published in accordance with subparagraph (B))
or terminate such sanctions and remove a
foreign person from such list, if the President
certifies to the Committee on Foreign Affairs
of the House of Representatives and the
Committee on Foreign Relations of the Senate--
(i) that public identification of the
individual is not in the national
interest of the United States,
including an unclassified description
of the factual basis supporting such
certification, which may contain a
classified annex; or
(ii) that appropriate foreign
government authorities have credibly--
(I) investigated the foreign
person and, as appropriate,
held such person accountable
for perpetrating, ordering, or
directing the acts described in
subparagraph (A);
(II) publicly condemned
violations of the freedom of
the press and the acts
described in subparagraph (A);
(III) complied with any
requests for information from
international or regional human
rights organizations with
respect to the acts described
in subparagraph (A); and
(IV) complied with any United
States Government requests for
information with respect to the
acts described in subparagraph
(A).
(2) Sanctions described.--The sanctions described in
this paragraph are the following:
(A) Asset blocking.--The President shall
exercise all of the powers granted to the
President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to
the extent necessary to block and prohibit all
transactions in property and interests in
property of a foreign person identified in the
report required under paragraph (1)(A) if such
property and interests in property are in the
United States, come within the United States,
or come within the possession or control of a
United States person.
(B) Ineligibility for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An
alien described in paragraph (1)(A)
is--
(I) inadmissible to the
United States;
(II) ineligible to receive a
visa or other documentation to
enter the United States; and
(III) otherwise ineligible to
be admitted or paroled into the
United States or to receive any
other benefit under the
Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien
described in paragraph (1)(A)
is subject to revocation of any
visa or other entry
documentation regardless of
when the visa or other entry
documentation is or was issued.
(II) Immediate effect.--A
revocation under subclause (I)
shall take effect immediately,
and automatically cancel any
other valid visa or entry
documentation that is in the
alien's possession.
(C) Exceptions.--
(i) Exception for intelligence
activities.--The sanctions described in
this paragraph shall not apply to any
activity subject to the reporting
requirements under title V of the
National Security Act of 1947 (50
U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United
States.
(ii) Exception to comply with
international obligations.--The
sanctions described in this paragraph
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.
(3) 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 subsection.
(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 foreign person
that violates, attempts to violate, conspires
to violate, or causes a violation of this
subsection to the same extent that such
penalties apply to a person that commits an
unlawful act described in subsection (a) of
such section 206.
(4) Exception relating to the importation of goods.--
(A) In general.--The authorities and
requirements to impose sanctions under this
section shall not include any authority or
requirement to impose sanctions on the
importation of goods.
(B) Good defined.--For purposes of this
section, the term ``good'' means any article,
natural or man-made substance, material,
supply, or manufactured product, including
inspection and test equipment and excluding
technical data.
(5) Definitions.--In this subsection:
(A) Admitted; alien.--The terms ``admitted''
and ``alien'' have the meanings given those
terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1001).
(B) Foreign person.--The term ``foreign
person'' means an individual who is not--
(i) a United States citizen or
national; or
(ii) an alien lawfully admitted for
permanent residence to the United
States.
(C) United states person.--The term ``United
States person'' means--
(i) a United States citizen, an alien
lawfully admitted for permanent
residence to the United States, or any
other individual subject to the
jurisdiction of the United States;
(ii) an entity organized under the
laws of the United States or of any
jurisdiction within the United States,
including a foreign branch of such
entity; or
(iii) any person in the United
States.
(c) Prohibition on Foreign Assistance.--
(1) Prohibition.--Assistance authorized under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
or the Arms Export Control Act (22 U.S.C. 2751 et seq.)
may not be made available to any governmental entity of
a country if the Secretary of State or the Director of
National Intelligence has credible information that one
or more officials associated with, leading, or
otherwise acting under the authority of such entity has
committed a gross violation of internationally
recognized human rights against a journalist or other
person who performs, or provides administrative support
to, the dissemination of print, broadcast, internet-
based, or social media intended to report newsworthy
activities or information, or communicate facts or
fact-based opinions. To the maximum extent practicable,
a list of such governmental entities shall be published
on publicly available websites of the Department of
State and of the Office of the Director of National
Intelligence and shall be updated on a regular basis.
(2) Prompt information.--The Secretary of State shall
promptly inform appropriate officials of the government
of a country from which assistance is withheld in
accordance with the prohibition under paragraph (1).
(3) Exception.--The prohibition under paragraph (1)
shall not apply with respect to the following:
(A) Humanitarian assistance or disaster
relief assistance authorized under the Foreign
Assistance Act of 1961.
(B) Assistance the Secretary determines to be
essential to assist the government of a country
to bring the responsible members of the
relevant governmental entity to justice for the
acts described in paragraph (1).
(4) Waiver.--
(A) In general.--The Secretary of State, may
waive the prohibition under paragraph (1) with
respect to a governmental entity of a country
if--
(i) the President, acting through the
Secretary of State and the Director of
National Intelligence, determines that
such a waiver is in the national
security interest of the United States;
or
(ii) the Secretary of State has
received credible information that the
government of that country has--
(I) performed a thorough
investigation of the acts
described in paragraph (1) and
is taking effective steps to
bring responsible members of
the relevant governmental
entity to justice;
(II) condemned violations of
the freedom of the press and
the acts described in paragraph
(1);
(III) complied with any
requests for information from
international or regional human
rights organizations with
respect to the acts described
in paragraph (1), in accordance
with international legal
obligations to protect the
freedom of expression; and
(IV) complied with United
States Government requests for
information with respect to the
acts described in paragraph
(1).
(B) Certification.--A waiver described in
subparagraph (A) may only take effect if--
(i) the Secretary of State certifies,
not later than 30 days before the
effective date of the waiver, to the
Committee on Foreign Affairs and the
Committee on Appropriations of the
House of Representatives and the
Committee on Foreign Relations and the
Committee on Appropriations of the
Senate that such waiver is warranted
and includes an unclassified
description of the factual basis
supporting the certification, which may
contain a classified annex; and
(ii) the Director of National
Intelligence, not later than 30 days
before the effective date of the
waiver, submits to the Permanent Select
Committee on Intelligence of the House
of Representatives and the Select
Committee on Intelligence of the Senate
a report detailing any underlying
information that the intelligence
community (as such term is defined in
section 3 of the National Security Act
of 1947 (50 U.S.C. 3003)) has regarding
the perpetrators of the acts described
in paragraph (1), which shall be
submitted in unclassified form but may
contain a classified annex.
----------
376. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
Add at the end of title XI, add the following new section:
SEC. 11__. PARENTAL BEREAVEMENT LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Section 6382(a)(1) of title 5, United States
Code, is amended by adding at the end the following new
subparagraph:
``(F) Because of the death of a son or
daughter of the employee.''.
(b) Requirements Relating to Leave.--
(1) Schedule.--Section 6382(b)(1) of such title is
amended by inserting after the third sentence the
following: ``Leave under subsection (a)(1)(F) shall not
be taken by an employee intermittently or on a reduced
leave schedule unless the employee and the employing
agency of the employee agree otherwise.''.
(2) Paid leave.--Section 6382(d)(2) of such title is
amended--
(A) in subparagraph (A), by striking ``(A) or
(B)'' and inserting ``(A), (B), or (F)''; and
(B) in subparagraph (B)(i), by striking
``birth or placement'' and inserting ``birth,
placement, or death''.
(3) Notice.--Section 6382(e) of such title is amended
by adding at the end the following new paragraph:
``(4) In any case in which the necessity for leave
under subsection (a)(1)(F) is foreseeable, the employee
shall provide such notice to the employing agency as is
reasonable and practicable.''.
(4) Certification requirements.--Section 6383 of such
title is amended by adding at the end the following new
subsection:
``(g) An employing agency may require that a request for
leave under section 6382(a)(1)(F) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation prescribe. If
the Office issues a regulation requiring such certification,
the employee shall provide, in a timely manner, a copy of such
certification to the employer.''.
----------
377. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, insert the following:
SEC. 8__. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this
subsection, the term `covered individual' means--
``(A) a member of the Armed Forces, including
the National Guard or Reserves;
``(B) an individual who is participating in
the Transition Assistance Program established
under section 1144 of title 10, United States
Code;
``(C) an individual who--
``(i) served on active duty in any
branch of the Armed Forces, including
the National Guard or Reserves; and
``(ii) was discharged or released
from such service under conditions
other than dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October
1 after the enactment of this subsection and for the
subsequent 4 fiscal years, the Administrator shall
carry out a program to be known as the `Boots to
Business Program' to provide entrepreneurship training
to covered individuals.
``(3) Goals.--The goals of the Boots to Business
Program are to--
``(A) provide assistance and in-depth
training to covered individuals interested in
business ownership; and
``(B) provide covered individuals with the
tools, skills, and knowledge necessary to
identify a business opportunity, draft a
business plan, identify sources of capital,
connect with local resources for small business
concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business
Program may include--
``(i) a presentation providing
exposure to the considerations involved
in self-employment and ownership of a
small business concern;
``(ii) an online, self-study course
focused on the basic skills of
entrepreneurship, the language of
business, and the considerations
involved in self-employment and
ownership of a small business concern;
``(iii) an in-person classroom
instruction component providing an
introduction to the foundations of self
employment and ownership of a small
business concern; and
``(iv) in-depth training delivered
through online instruction, including
an online course that leads to the
creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and
private entities to develop course
curricula for the Boots to Business
Program; and
``(ii) modify program components in
coordination with entities
participating in a Warriors in
Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013
(10 U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran
Business Outreach Centers
regularly participate, on a
nationwide basis, in the Boots
to Business Program; and
``(II) to the maximum extent
practicable, use a variety of
other resource partners and
entities in administering the
Boots to Business Program.
``(ii) Grant authority.--In carrying
out clause (i), the Administrator may
make grants to Veteran Business
Outreach Centers, other resource
partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of
defense.--The Administrator shall make
available to the Secretary of Defense
information regarding the Boots to Business
Program, including all course materials and
outreach materials related to the Boots to
Business Program, for inclusion on the website
of the Department of Defense relating to the
Transition Assistance Program, in the
Transition Assistance Program manual, and in
other relevant materials available for
distribution from the Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans
Affairs, the Administrator shall make available
for distribution and display at local
facilities of the Department of Veterans
Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility
requirements for participating in the
Boots to Business Program.
``(5) Report.--Not later than 180 days after the date
of the enactment of this subsection and every year
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the performance and
effectiveness of the Boots to Business Program, which
may be included as part of another report submitted to
such Committees by the Administrator, and which shall
include--
``(A) information regarding grants awarded
under paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants
using each component of the Boots to Business
Program;
``(D) the completion rates for each component
of the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age,
race, relationship to military,
military occupational specialty, and
years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with
assistance under the Boots to Business
Program;
``(iii) the gross receipts of small
business concerns receiving assistance
under the Boots to Business Program;
``(iv) the number of jobs created
with assistance under the Boots to
Business Program;
``(v) the number of referrals to
other resources and programs of the
Administration;
``(vi) the number of program
participants receiving financial
assistance under loan programs of the
Administration;
``(vii) the type and dollar amount of
financial assistance received by
program participants under any loan
program of the Administration; and
``(viii) results of participant
satisfaction surveys, including a
summary of any comments received from
program participants;
``(F) an evaluation of the effectiveness of
the Boots to Business Program in each region of
the Administration during the most recent
fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business
Program, as identified by the Administrator;
``(H) any recommendations of the
Administrator for improvement of the Boots to
Business Program, which may include expansion
of the types of individuals who are covered
individuals;
``(I) an explanation of how the Boots to
Business Program has been integrated with other
transition programs and related resources of
the Administration and other Federal agencies;
and
``(J) any additional information the
Administrator determines necessary.''.
----------
378. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XIII, insert
the following:
SEC. 13__. U.S.-ISRAEL MILITARY TECHNOLOGY COOPERATION ACT.
Section 1299M of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended--
(1) by striking the section heading and inserting
``ESTABLISHMENT OF UNITED STATES-ISRAEL OPERATIONS-
TECHNOLOGY WORKING GROUP'';
(2) by amending subsection (a) to read as follows:
``(a) Requirement.--
``(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall take
actions within the United States-Israel Defense
Acquisition Advisory Group--
``(A) to provide a standing forum for the
United States and Israel to systematically
share intelligence-informed military capability
requirements;
``(B) to identify military capability
requirements common to the Department of
Defense and the Ministry of Defense of Israel;
``(C) to assist defense suppliers in the
United States and Israel by assessing
recommendations from such defense suppliers
with respect to joint science, technology,
research, development, test, evaluation, and
production efforts; and
``(D) to develop, as feasible and advisable,
combined United States-Israel plans to
research, develop, procure, and field weapon
systems and military capabilities as quickly
and economically as possible to meet common
capability requirements of the Department and
the Ministry of Defense of Israel.
``(2) Rule of construction.--Nothing in this
subsection shall be construed as requiring the
termination of any existing United States defense
activity, group, program, or partnership with
Israel.'';
(3) by amending subsection (c) to read as follows:
``(c) Establishment of United States-Israel Operations-
Technology Working Group Within the United States-Israel
Defense Acquisition Advisory Group.--
``(1) In general.--Not later than 1 year after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Secretary
of Defense, in consultation with the appropriate heads
of other Federal agencies and with the concurrence of
the Minister of Defense of Israel, shall establish,
under the United States vice chairman of the United
States-Israel Defense Acquisition Advisory Group, a
United States-Israel Operations-Technology Working
Group to address operations and technology matters
described in subsection (a)(1).
``(2) Extension with respect to terms of reference.--
The 1-year period under paragraph (1) may be extended
for up to 180 days if the Secretary of Defense, in
consultation with the Secretary of State, certifies in
writing to the appropriate congressional committees
that additional time is needed to finalize the terms of
reference. Such certification shall be made in
unclassified form.''; and
(4) in subsection (d)(2), by striking ``United
States-Israel Defense Acquisition Advisory Group'' each
place it appears and inserting ``United States-Israel
Operations-Technology Working Group''.
----------
379. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON FUNDS AUTHORIZED TO BE APPROPRIATED FOR OVERSEAS
CONTINGENCY OPERATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the obligation and expenditure
of funds that were authorized to be appropriated for overseas
contingency operations for fiscal year 2010 and fiscal year
2019.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
----------
380. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title III insert the following:
SEC. 3__. STUDY ON DISEASE PREVENTION FOR MILITARY WORKING DOGS.
Not later than 180 days after the date of the enactment of
this Act, the head of the Army Veterinary Services shall submit
to Congress a report containing the findings of an updated
study on the potential introduction of foreign animal diseases
and current prevention protocol and strategies to protect the
health of military working dogs.
----------
381. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. INTERAGENCY ONE HEALTH PROGRAM.
(a) In General.--The Secretary of Health and Human Services,
the Secretary of Agriculture, and the Secretary of Interior
(referred to in this subtitle as the ``Secretaries''), in
coordination with the United States Agency for International
Development, the Environmental Protection Agency, the
Department of Homeland Security, the Department of Defense, the
Department of Commerce, and other departments and agencies as
appropriate, shall develop, publish, and submit to Congress a
national One Health Framework (referred to in this Act as the
``framework'') for coordinated Federal Activities under the One
Health Program.
(b) National One Health Framework.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretaries, in
cooperation with the United States Agency for
International Development, the Environmental Protection
Agency, the Department of Homeland Security, the
Department of Defense, the Department of Commerce, and
other departments and agencies as appropriate, shall
develop, publish, and submit to Congress a One Health
Framework (referred to in this section as the
``framework'') for coordinated Federal activities under
the One Health Program.
(2) Contents of framework.--The framework described
in paragraph (1) shall describe existing efforts and
contain recommendations for building upon and
complementing the activities of the Centers for Disease
Control and Prevention, the Food and Drug
Administration, the Office of the Assistant Secretary
for Preparedness and Response, the Public Health
Service Corps, the Department of Agriculture, the
United States Agency for International Development, the
Environmental Protection Agency, the National
Institutes of Health, the Department of Homeland
Security, the Department of the Interior, and other
departments and agencies, as appropriate, and shall--
(A) assess, identify, and describe, as
appropriate, existing activities of Federal
agencies and departments under the One Health
Program and consider whether all relevant
agencies are adequately represented;
(B) for the 10-year period beginning in the
year the framework is submitted, establish
specific Federal goals and priorities that most
effectively advance--
(i) scientific understanding of the
connections between human, animal, and
environmental health;
(ii) coordination and collaboration
between agencies involved in the
framework including sharing data and
information, engaging in joint
fieldwork, and engaging in joint
laboratory studies related to One
Health;
(iii) identification of priority
zoonotic diseases and priority areas of
study;
(iv) surveillance of priority
zoonotic diseases and their
transmission between animals and
humans;
(v) prevention of priority zoonotic
diseases and their transmission between
animals and humans;
(vi) protocol development to improve
joint outbreak response to and recovery
from zoonotic disease outbreaks in
animals and humans; and
(vii) workforce development to
prevent and respond to zoonotic disease
outbreaks in animals and humans;
(C) describe specific activities required to
achieve the goals and priorities described in
subparagraph (B), and propose a timeline for
achieving these goals;
(D) identify and expand partnerships, as
appropriate, among Federal agencies, States,
Indian tribes, academic institutions,
nongovernmental organizations, and private
entities in order to develop new approaches for
reducing hazards to human and animal health and
to strengthen understanding of the value of an
integrated approach under the One Health
Program to addressing public health threats in
a manner that prevents duplication;
(E) identify best practices related to State
and local-level research coordination, field
activities, and disease outbreak preparedness,
response, and recovery related to One Health;
and
(F) provide recommendations to Congress
regarding additional action or legislation that
may be required to assist in establishing the
One Health Program.
(3) Addendum.--Not later than three years after the
creation of the framework, the Secretary, in
coordination with the agencies described in paragraph
(1), shall submit to Congress an addendum to the
framework that describes the progress made in advancing
the activities described in the framework.
(c) GAO Report.--Not later than two years after the date of
the submission of the addendum under section (b)(3), the
Comptroller General of the United States shall submit to
Congress a report that--
(1) details existing collaborative efforts between
the Centers for Disease Control and Prevention, the
Food and Drug Administration, the Department of
Agriculture, the United States Agency for International
Development, the Environmental Protection Agency, the
National Institutes of Health, the Department of
Homeland Security, the Department of the Interior, and
other departments and agencies to prevent and respond
to zoonotic disease outbreaks in animals and humans;
and
(2) contains an evaluation of the framework and the
specific activities requested to achieve the framework.
----------
382. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of title LI the following new section:
SEC. ___. REPORT BY THE PRESIDENT ON CURRENT STATUS OF ACTIVITIES
RELATING TO COVID-19 TESTING UNDER THE DEFENSE
PRODUCTION ACT OF 1950.
(a) Report.-- Not later than 90 days after the date of the
enactment of this section, the President, in consultation with
the Administrator of the Federal Emergency Management Agency,
the Secretary of Defense, and the Secretary of Health and Human
Services, shall submit to the Congress a report on efforts
undertaken to carry out section 3101 of the American Rescue
Plan Act of 2021, and the expenditure of the $10,000,000,000
appropriated for such purpose.
(b) Contents.--The report required by subsection (a) shall
include information on--
(1) amounts appropriated pursuant to section 3101(a)
of the American Rescue Plan Act of 2021 that have been
spent on diagnostic products for the detection or
diagnosis of the virus that causes COVID-19 that are
described in section 3101(b)(1)(A) of such Act;
(2) the amount of the diagnostic products that have
been produced using amounts appropriated pursuant to
such section 3101(a);
(3) the distribution of any diagnostic products that
have been so produced;
(4) the cost to manufacture and the price to
consumers of any such diagnostic products that have
been so produced; and
(5) any plans for the expenditure, before September
30, 2025, of unspent funds appropriated pursuant to
such section 3101(a).
----------
383. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 559I. GAO REPORT ON SCREENINGS INCLUDED IN THE HEALTH ASSESSMENT
FOR MEMBERS SEPARATING FROM THE ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on screenings included in the
health assessment administered to members separating from the
the Armed Forces. Such report shall include the following
elements:
(1) A list of screenings are included in such
assessment.
(2) Whether such screenings--
(A) are uniform across the Armed Forces;
(B) include questions to assess if the member
is at risk for social isolation, homelessness,
or substance abuse; and
(C) include questions about community.
(3) How many such screenings result in referral of a
member to--
(A) community services;
(B) community services other than medical
services; and
(C) a veterans service organization.
(4) An assessment of the effectiveness of referrals
described in paragraph (3).
(5) How organizations, including veterans service
organizations, perform outreach to members in
underserved communities.
(6) The extent to which organizations described in
paragraph (5) perform such outreach.
(7) The effectiveness of outreach described in
paragraph (6).
(8) The annual amount of Federal funding for services
and organizations described in paragraphs (3) and (5).
----------
384. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, add the following:
SEC. 569F. IMPLEMENTATION OF GAO RECOMMENDATIONS ON IMPROVED
COMMUNICATION OF BEST PRACTICES TO ENGAGE MILITARY
SPOUSES WITH CAREER ASSISTANCE RESOURCES.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall
develop a plan to address recommendation #2, regarding
strategies for sharing information on outreach to
military spouses, in the report of the Government
Accountability Office titled ``Military Spouse
Employment: DOD Should Continue Assessing State
Licensing Practices and Increase Awareness of
Resources'' (GAO-21-193).
(2) Elements.--The plan required under paragraph (1)
shall include--
(A) a summary of actions that have been taken
to implement the recommendation;
(B) a summary of actions that will be taken
to implement the recommendation, including how
the Secretary plans to--
(i) engage military services and
installations, members of the Spouse
Ambassador Network, and other local
stakeholders to obtain information on
the outreach approaches and best
practices used by military
installations and stakeholders;
(ii) overcome factors that may limit
use of best practices;
(iii) disseminate best practices to
relevant stakeholders; and
(iv) identify ways to and better
coordinate with the Secretaries of
Veterans Affairs, Labor, and Housing
and Urban Development; and
(C) a schedule, with specific milestones, for
completing implementation of the
recommendation.
(b) Deadline for Implementation.--Except as provided in
paragraph (2), not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall carry out
activities to implement the plan developed under subsection
(a).
----------
385. An Amendment To Be Offered by Representative Schweikert of Arizona
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS;
CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL
CERTIFICATION FRAMEWORK.
(a) Report on Implementation of Certain Cybersecurity
Recommendations.--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 regarding the
plans of the Secretary to implement certain cybersecurity
recommendations to ensure--
(1) the Chief Information Officer of the Department
of Defense takes appropriate steps to ensure
implementation of DC3I tasks;
(2) Department components develop plans with
scheduled completion dates to implement any remaining
CDIP tasks overseen by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a
Department component to oversee the implementation of
any CDIP tasks not overseen by the Chief Information
Officer and reports on progress relating to such
implementation;
(4) Department components accurately monitor and
report information on the extent that users have
completed Cyber Awareness Challenge training, as well
as the number of users whose access to the Department
network was revoked because such users have not
completed such training;
(5) the Chief Information Officer ensures all
Department components, including DARPA, require their
users to take Cyber Awareness Challenge training;
(6) a Department component is directed to monitor the
extent to which practices are implemented to protect
the Department's network from key cyberattack
techniques; and
(7) the Chief Information Officer assesses the extent
to which senior leaders of the Department have more
complete information to make risk-based decisions, and
revise the recurring reports (or develop a new report)
accordingly, including information relating to the
Department's progress on implementing--
(A) cybersecurity practices identified in
cyber hygiene initiatives; and
(B) cyber hygiene practices to protect
Department networks from key cyberattack
techniques.
(b) Report on Cyber Hygiene and Cybersecurity Maturity Model
Certification Framework.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees and the Comptroller General of the United
States a report on the cyber hygiene practices of the
Department of Defense and the extent to which such
practices are effective at protecting Department
missions, information, system and networks. The report
shall include the following:
(A) An assessment of each Department
component's compliance with the requirements
and levels identified in the Cybersecurity
Maturity Model Certification framework.
(B) For each Department component that does
not achieve the requirements for ``good cyber
hygiene'' as defined in CMMC Model Version
1.02, a plan for how that component will
implement security measures to bring it into
compliance with good cyber hygiene requirements
within one year, and a strategy for mitigating
potential vulnerabilities and consequences
until such requirements are implemented.
(2) Comptroller general review.--Not later than 180
days after the submission of the report required under
paragraph (1)), the Comptroller General of the United
States shall conduct an independent review of the
report and provide a briefing to the congressional
defense committees on the findings of the review.
----------
386. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII, add the following new
section:
SEC. 8__. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY
PROGRAM.
(a) In General.--Section 841 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (10 U.S.C. 2302 note) is amended--
(1) in the heading, by striking ``PROHIBITION ON
PROVIDING FUNDS TO THE ENEMY'' and inserting ``THREAT
MITIGATION IN COMMERCIAL SUPPORT TO OPERATIONS'';
(2) in subsection (a)--
(A) in the heading, by striking
``Identification of Persons and Entities'' and
inserting ``Program'';
(B) in the matter preceding paragraph (1), by
striking ``establish in each covered combatant
command a program to identify persons and
entities within the area of responsibility of
such command that--'' and inserting the
following: ``establish a program to mitigate
threats posed by vendors supporting operations.
The program shall use available intelligence,
security, and law enforcement information to
identify persons and entities that--'';
(C) in paragraph (1), by striking ``; or''
and inserting a semicolon;
(D) in paragraph (2), by striking the period
at the end and inserting a semicolon; and
(E) by adding at the end the following new
paragraphs:
``(3) directly or indirectly support a covered person
or entity or otherwise pose a force protection risk to
personnel of the United States or coalition forces; or
``(4) pose an unacceptable national security risk.'';
(3) by striking subsection (g);
(4) by redesignating subsections (h) and (i) as
subsections (g) and (h), respectively;
(5) in subsection (g)(1), as so redesignated, by
striking ``may be providing'' and all that follows
through ``or entity'' and inserting ``have been
identified under the program established under
subsection (a)'';
(6) by amending subsection (h), as so redesignated,
to read as follows:
``(h) Waiver.--The Secretary of
Defense or the Secretary of State, with
the concurrence of the other Secretary,
in consultation with the Director of
National Intelligence, may waive any
requirement of this section upon
determining that to do so is in the
national interest of the United
States.'';
(7) by striking subsection (j);
(8) by redesignating subsections (k) and (l) as
subsections (i) and (j), respectively;
(9) in subsection (j), as so redesignated, by
striking ``Except as provided in subsection (m), the''
and inserting ``The'';
(10) by striking subsection (m); and
(11) by striking subsection (n).
(b) Authorities to Terminate, Void, and Restrict.--Section
841(c) of such Act is further amended--
(1) in paragraph (1)--
(A) by inserting ``to a person or entity''
after ``concerned''; and
(B) by striking ``the contract'' and all that
follows and inserting ``the person or entity
has been identified under the program
established under subsection (a).'';
(2) in paragraph (2), by striking ``has failed'' and
all that follows and inserting ``has been identified
under the program established under subsection (a).'';
and
(3) in paragraph (3), by striking ``the contract''
and all that follows and inserting ``the contractor, or
the recipient of the grant or cooperative agreement,
has been identified under the program established under
subsection (a).''.
(c) Contract Clause.--Section 841(d)(2)(B) of such Act is
amended by inserting after ``subsection (c)'' the following:
``and restrict future award to any contractor, or recipient of
a grant or cooperative agreement, that has been identified
under the program established under subsection (a)''.
(d) Disclosure of Information Exception.--Section 841(e) of
such Act is amended by adding at the end the following new
paragraph:
``(3) To provide that full disclosure of information
to the contractor or recipient of a grant or
cooperative agreement justifying an action taken under
subsection (c) need not be provided when such
disclosure would compromise national security or would
pose an unacceptable threat to the personnel of the
United States or coalition forces.''.
(e) Participation of Secretary of State.--Section 841 of such
Act (10 U.S.C. 2302 note) is further amended--
(1) in subsection (a) in the matter preceding
paragraph (1), by striking ``in consultation with'';
and
(2) in subsection (f)(1), by striking ``in
consultation with''.
(f) Additional Access to Records.--Section 842 of such Act
(10 U.S.C. 2302 note) is amended--
(1) in subsection (a), by striking paragraph (4);
(2) by striking subsection (b);
(3) by striking subsection (c);
(4) by redesignating paragraphs (1) through (3) of
subsection (a) as subsections (a) through (c),
respectively;
(5) by striking ``(a) Contracts, Grants, and
Cooperative Agreements.--'';
(6) in subsection (a), as so redesignated, by
striking ``, except as provided under subsection
(c)(1), the clause described in paragraph (2)'' and
inserting ``the clause described in subsection (b)'';
(7) in subsection (b), as so redesignated--
(A) by striking ``paragraph (3)'' and
inserting ``subsection (c)''; and
(B) by striking ``ensure that funds'' and all
that follows and inserting ``support the
program established under section 841(a).'';
and
(8) in subsection (c), as so redesignated--
(A) by striking ``paragraph (2)'' and
inserting ``subsection (b)''; and
(B) by striking ``that funds'' and all that
follows and inserting ``that the examination of
such records will support the program
established under section 841(a).''.
(g) Inclusion of All Contracts.--Sections 841 and 842 of such
Act (10 U.S.C. 2302 note) are further amended by striking
``covered contract'' each place it appears and inserting
``contract''.
(h) Inclusion of All Combatant Commands.--Sections 841 and
842 of such Act (10 U.S.C. 2302 note) are further amended by
striking ``covered combatant command'' each place it appears
and inserting ``combatant command''.
(i) Delegation Authority of Combatant Commander.--Sections
841 and 842 of such Act (10 U.S.C. 2302 note) are further
amended by striking ``specified deputies'' each place it
appears and inserting ``designee''.
(j) Definition Revisions.--Section 843 of such Act (10 U.S.C.
2302 note) is amended--
(1) by striking paragraphs (2), (3), (4), and (5);
(2) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (2), (3), (4), and (5), respectively;
and
(3) by amending paragraph (2), as so redesignated, to
read as follows:
``(2) Covered person or entity.--The term `covered
person or entity' means a person that is--
``(A) engaging in acts of violence against
personnel of the United States or coalition
forces;
``(B) providing financing, logistics,
training, or intelligence to a person described
in subparagraph (A);
``(C) engaging in foreign intelligence
activities against the United States or against
coalition forces;
``(D) engaging in transnational organized
crime or criminal activities; or
``(E) engaging in other activities that
present a direct or indirect risk to the
national security of the United States or
coalition forces.''.
----------
387. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR FAMILIES IN
QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Technical Amendment.--
(1) In general.--The second section 118a of title 10,
United States Code (relating to the quadrennial quality
of life review) is redesignated as section 118b.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by
striking the item relating to the second section 118a
and inserting the following new item:
``118b. Quadrennial quality of life review.''.
(b) Inclusion in Review.--Subsection (c) of section 118b of
title 10, United States Code, as redesignated under subsection
(a), is amended by adding at the end the following new
paragraph:
``(15) Support services for Gold Star families.''.
----------
388. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 10__. REVISION OF LIMITATION ON FUNDING FOR COMBATANT COMMANDS
THROUGH COMBATANT COMMANDER INITIATIVE FUND.
Section 166a(e)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A)--
(A) by striking ``$20,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$250,000'' and inserting
``$300,000'';
(2) in subparagraph (B), by striking ``$10,000,000''
and inserting ``$15,000,000''; and
(3) in subparagraph (C), by striking ``$5,000,000''
and inserting ``$10,000,000''.
----------
389. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT PROJECTS FOR
MILITARY INSTALLATIONS AND DEFENSE ACCESS ROADS.
Chapter 169 of title 10, United States Code, is amended by
inserting after section 2815 the following new section:
``Sec. 2815a. Stormwater management projects for installation and
defense access road resilience and waterway and
ecosystems conservation
``(a) Projects Authorized.--The Secretary concerned may carry
out a stormwater management project on or related to a military
installation for the purpose of--
``(1) improving military installation resilience or
the resilience of a defense access road or other
essential civilian infrastructure supporting the
military installation; and
``(2) protecting nearby waterways and stormwater-
stressed ecosystems.
``(b) Project Methods and Funding Sources.--Using such
amounts as may be provided in advance in appropriation Acts,
the Secretary concerned may carry out a stormwater management
project under this section as, or as part of, any of the
following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction
project under section 2805 of this title, including
using appropriations available for operation and
maintenance subject to the limitation in subsection (c)
of such section.
``(3) A military installation resilience project
under section 2815 of this title, including the use of
appropriations available for operations and maintenance
subject to the limitation of subsection (e)(3) of such
section.
``(4) A defense community infrastructure resilience
project under section 2391(d) of this title.
``(5) A construction project under section 2914 of
this title.
``(6) A reserve component facility project under
section 18233 of this title.
``(7) A defense access road project under section 210
of title 23.
``(c) Project Priorities.--In selecting stormwater management
projects to be carried out under this section, the Secretary
concerned shall give a priority to project proposals involving
the retrofitting of buildings and grounds on a military
installation or retrofitting a defense access road to reduce
stormwater runoff.
``(d) Project Activities.--Activities carried out as part of
a stormwater management project under this section may include,
but are not limited to, the following:
``(1) The installation, expansion, or refurbishment
of stormwater ponds and other water-slowing and
retention measures.
``(2) The installation of permeable pavement in lieu
of, or to replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and
rain gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater
management project carried out under this section on or related
to a military installation and any project related to the same
installation carried out under section 2391(d), 2815, or 2914
of this title, the Secretary concerned shall ensure
coordination between the projects regarding the water access,
management, conservation, security, and resilience aspects of
the projects.
``(f) Annual Report.--(1) Not later than 90 days after the
end of each fiscal year, each Secretary concerned shall submit
to the congressional defense committees a report describing--
``(A) the status of planned and active stormwater
management projects carried out by that Secretary under
this section; and
``(B) all projects completed by the Secretary
concerned during the previous fiscal year.
``(2) Each report shall include the following information
with respect to each stormwater management project described in
the report:
``(A) The title, location, a brief description of the
scope of work, the original project cost estimate, and
the current working cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation
resilience or the resilience of a defense
access road or other essential civilian
infrastructure supporting a military
installation; and
``(ii) protect waterways and stormwater-
stressed ecosystems.
``(C) Such other information as the Secretary
concerned considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road
certified to the Secretary of Transportation as
important to the national defense under the provisions
of section 210 of title 23.
``(2) The terms `facility' and `State' have the
meanings given those terms in section 18232 of this
title.
``(3) The term `military installation' includes a
facility of a reserve component owned by a State rather
than the United States.
``(4) The term `military installation resilience' has
the meaning given that term in section 101(e)(8) of
this title.
``(5) The term `Secretary concerned' means--
``(A) the Secretary of a military department
with respect to military installations under
the jurisdiction of that Secretary; and
``(B) the Secretary of Defense with respect
to matters concerning the Defense Agencies and
facilities of a reserve component owned by a
State rather than the United States.''.
----------
390. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
In section 2806(a), in the matter to be added as section 2870
of title 10, United States Code, insert after the semicolon in
paragraph (1) of subsection (a) (page 1139, line 11), the
following new paragraph (2) (and redesignate the existing
paragraph (2) as paragraph (3)):
(2) ensure, to the greatest extent possible, that
each contractor and subcontractor on such a contract
has a plan to hire, retain, and increase participation
of African American and other nontraditional apprentice
populations in military construction contracts;
----------
391. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. 1229. SUPPORT FOR FORCES IN IRAQ OPERATING IN THE NINEVEH PLAINS
REGION OF IRAQ.
(a) Sense of Congress.--It is the sense of Congress that the
United States should work with the Government of Iraq to ensure
the safe and voluntary return of ethno-religious minority
populations to their home communities in the Nineveh Plains
region of Iraq.
(b) Strategy.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
State, in consultation with the heads of other relevant
Federal departments and agencies, shall provide to the
appropriate congressional committees a strategy to
assist the Government of Iraq and relevant local
authorities with the safe return of ethno-religious
minorities displaced by violence in the Nineveh Plains
region of Iraq.
(2) Elements.--The strategy required by this
subsection should include the following:
(A) A strategy to support a political and
security climate that allows ethno-religious
minorities in the Nineveh Plains region to
safely and voluntarily return to their home
communities as well as to administer and secure
their own areas in cooperation with federal
authorities.
(B) An assessment of the impact of the Iraq
and Syria Genocide Relief and Accountability
Act of 2018 (Public Law 115-300) on return
rates of vulnerable, indigenous, ethno-
religious groups, including Assyrians and
Yazidis, in those areas of the Nineveh Plains
region in which funds have been spent.
(C) A description of the progress of and
ability to integrate minority security forces
previously trained by Combined Joint Task
Force-Operation Inherent Resolve (CJTF-OIR),
such as the Nineveh Plain Protection Units,
into the formal and permanent Iraqi state
institutions.
(D) A description of the negative impact of
Iranian-backed militias, such as PMF Brigades
30 and 50, on rates of return to, and ongoing
safety of communities within, the Nineveh
Plains region.
----------
392. An Amendment To Be Offered by Representative Sherrill of New
Jersey or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 559I. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION ASSISTANCE
PROGRAM OF THE DEPARTMENT OF DEFENSE.
(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 non-profit
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, 2025.
(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) Definitions.--In this section:
(1) 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) The term ``military installation'' has the
meaning given such term in section 2801 of title 10,
United States Code.
(3) The term ``TAP'' means the transition assistance
program of the Department of Defense under sections
1142 and 1144 of title 10, United States Code.
----------
393. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220A. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency
the National Cyber Exercise Program (referred to in
this section as the `Exercise Program') to evaluate the
National Cyber Incident Response Plan, and other
related plans and strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall
be--
``(i) based on current risk
assessments, including credible
threats, vulnerabilities, and
consequences;
``(ii) designed, to the extent
practicable, to simulate the partial or
complete incapacitation of a government
or critical infrastructure network
resulting from a cyber incident;
``(iii) designed to provide for the
systematic evaluation of cyber
readiness and enhance operational
understanding of the cyber incident
response system and relevant
information sharing agreements; and
``(iv) designed to promptly develop
after-action reports and plans that can
quickly incorporate lessons learned
into future operations.
``(B) Model exercise selection.--The Exercise
Program shall--
``(i) include a selection of model
exercises that government and private
entities can readily adapt for use; and
``(ii) aid such governments and
private entities with the design,
implementation, and evaluation of
exercises that--
``(I) conform to the
requirements described in
subparagraph (A);
``(II) are consistent with
any applicable national, State,
local, or Tribal strategy or
plan; and
``(III) provide for
systematic evaluation of
readiness.
``(3) Consultation.--In carrying out the Exercise
Program, the Director may consult with appropriate
representatives from Sector Risk Management Agencies,
the Office of the National Cyber Director,
cybersecurity research stakeholders, and Sector
Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana
Islands, the United States Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States.
``(2) Private entity.--The term `private entity' has
the meaning given such term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).''.
(b) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle
A of title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended--
(i) in the first section 2215 (6
U.S.C. 665; relating to the duties and
authorities relating to .gov internet
domain), by amending the section
enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(ii) in the second section 2215 (6
U.S.C. 665b; relating to the joint
cyber planning office), by amending the
section enumerator and heading to read
as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iii) in the third section 2215 (6
U.S.C. 665c; relating to the
Cybersecurity State Coordinator), by
amending the section enumerator and
heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(iv) in the fourth section 2215 (6
U.S.C. 665d; relating to Sector Risk
Management Agencies), by amending the
section enumerator and heading to read
as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(v) in section 2216 (6 U.S.C. 665e;
relating to the Cybersecurity Advisory
Committee), by amending the section
enumerator and heading to read as
follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vi) in section 2217 (6 U.S.C. 665f;
relating to Cybersecurity Education and
Training Programs), by amending the
section enumerator and heading to read
as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--
Paragraph (1) of section 904(b) of division U
of the Consolidated Appropriations Act, 2021
(Public Law 116-260) is amended, in the matter
preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by striking the items relating to sections 2214
through 2217 and inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. National Cyber Exercise Program.''.
____________________________________________________
394. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
Add at the end of title LX of division E the following:
SEC. ____. SUPPORT FOR AFGHAN SPECIAL IMMIGRANT VISA AND REFUGEE
APPLICANTS.
(a) Sense of Congress.--It is the sense of Congress that the
United States should increase support for nationals of
Afghanistan who aided the United States mission in Afghanistan
during the past twenty years and are now under threat from the
Taliban, specifically special immigrant visa applicants who are
nationals of Afghanistan and referrals of nationals of
Afghanistan to the United States Refugee Admissions Program,
including through the Priority 2 Designation for nationals of
Afghanistan, who remain in Afghanistan or are in third
countries.
(b) Requirements.--The Secretary of State, in coordination
with the Secretary of Homeland Security and the heads of other
relevant Federal departments and agencies, shall--
(1) prioritize for evacuation from Afghanistan bona
fide special immigrant visa applicants who are
nationals of Afghanistan and referrals of nationals of
Afghanistan to the United States Refugee Admissions
Program, including through the Priority 2 Designation
for nationals of Afghanistan;
(2) facilitate the rapid departure of such
individuals from Afghanistan by air charter and land
passage;
(3) provide letters of support, diplomatic notes and
other documentation, as appropriate, to ease transit of
such individuals;
(4) engage governments of relevant countries to
better facilitate evacuation;
(5) disseminate frequent updates to such individuals
and relevant nongovernmental organizations;
(6) identify or establish sufficient locations
outside of Afghanistan that will accept such
individuals during application processing; and
(7) further surge capacity to better support such
individuals and reduce their application processing
times, while ensuring strict and necessary security
vetting, including, to the extent practicable, enabling
refugee referrals to initiate application processes
while still in Afghanistan.
(c) Strategy and Reporting.--The Secretary of State, in
coordination with the Secretary of Homeland Security and the
heads of other relevant Federal departments and agencies, shall
submit to the committees on Foreign Affairs, Judiciary,
Homeland Security, and Armed Services of the House of
Representatives and the committees on Foreign Relations,
Judiciary, Homeland Security and Governmental Affairs, and
Armed Services of the Senate the following:
(1) Not later than 60 days after the date of the
enactment of this Act, a strategy, with a classified
annex if necessary, to safely process nationals of
Afghanistan abroad who have pending special immigrant
visa applications and refugee referrals, which strategy
shall include steps by the United States Government to
carry out each of paragraphs (1) through (7) of
subsection (b).
(2) Not later than 60 days after the date of the
enactment of this Act, and every month thereafter until
December 31, 2022, a report, with a classified annex if
necessary, that includes the following:
(A) The number of nationals of Afghanistan--
(i) referred to the United States
Refugee Admissions Program through
Priority 1 and Priority 2 referrals,
including whether such individuals
remain in Afghanistan or outside
Afghanistan, and the number of refugee
applications for such individuals that
are approved, denied, and pending; and
(ii) who have pending special
immigrant visa applications who remain
in Afghanistan or in a third country,
disaggregated by the special immigrant
visa processing steps completed with
respect to such individuals.
(B) Steps taken to implement each element of
the strategy described in paragraph (1).
----------
395. An Amendment To Be Offered by Representative Smith of Washington
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following:
SEC. 12_. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES ARMED
FORCES SERVICEMEMBERS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the servicemembers of the United States Armed
Forces who served in Afghanistan represent the very
best of the United States;
(2) the service of those who returned home from war
with wounds seen and unseen, those who died in defense
of the Nation, and those who ultimately lost their
lives to suicide are not forgotten; and
(3) the United States honors these brave members of
the Armed Forces and their families and shall never
forget the services they rendered and the sacrifices
they and their families made in the defense of a
grateful Nation.
----------
396. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
At the end of title LX, add the following new section:
SEC. 60__. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS AND INSECTS.
(a) Review.--The Comptroller General of the United States
shall conduct a review of whether the Department of Defense
experimented with ticks, other insects, airborne releases of
tick-borne bacteria, viruses, pathogens, or any other tick-
borne agents regarding use as a biological weapon between the
years of 1950 and 1977.
(b) Report.--If the Comptroller General of the United States
finds that any experiment described under subsection (a)
occurred, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on--
(1) the scope of such experiment; and
(2) whether any ticks, insects, or other vector-borne
agents used in such experiment were released outside of
any laboratory by accident or experiment design.
----------
397. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 885, after line 14, insert the following (and
redesignate the subsequent paragraph accordingly):
(2) Report on plan.--Not later than one year after
the date on which the Secretary begins to implement the
plan developed under subsection (a), the Secretary
shall submit to the congressional defense committees a
report on the results of such plan.
----------
398. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 119, line 8, after ``resources'', insert ``, or related
technologies such as advanced battery storage capacity,''.
----------
399. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 1348, line 5, insert ``distributed ledger
technologies;'' after ``intelligence;''.
----------
400. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 717, line 21, insert ``(such as distributed ledger or
cryptographic technologies)'' before the semicolon.
----------
401. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 871, line 22, insert ``and distributed ledger-based''
after ``cloud based''.
----------
402. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 582, line 7, insert ``distributed ledger technologies,''
after the comma.
----------
403. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 450, line 5, strike ``paragraphs (6) through (8)'' and
insert ``paragraphs (7) through (9)''.
Page 450, line 8, strike ``new paragraph''.
Page 450, after line 14, insert the following:
``(6) Plans to increase the number of minority cadets and
midshipmen at the military service academies and members of the
Senior Reserve Officer's Training Corps.''.
----------
404. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. __. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States should annually observe Atomic
Veterans Day to recognize American military service
members who participated in nuclear tests between 1945
and 1962, served with United States military forces in
or around Hiroshima and Nagasaki through mid-1946, or
were held as prisoners of war in or near Hiroshima or
Nagasaki;
(2) the people of the United States should recognize
and remember the contributions of America's Atomic
Veterans for their sacrifice and dedication to our
Nation's security, and recommit themselves to
supporting our Atomic Veterans and educating themselves
on the role these patriots played in our national
story; and
(3) President Reagan and President Biden took
important steps to recognize Atomic Veterans by
proclaiming July 16, 1983, and July 16, 2021,
respectively, as National Atomic Veterans Day,
reflective of the fact that July 16 is the anniversary
of Trinity, the world's first detonation of a nuclear
device in Alamogordo, New Mexico on July 16, 1945.
(b) National Atomic Veterans Day.--Chapter 1 of title 36,
United States Code, is amended by adding at the end the
following new section:
``Sec. 146. National Atomic Veterans Day
``The President shall issue each year a proclamation calling
on the people of the United States to--
``(1) observe such Atomic Veterans Day with
appropriate ceremonies and activities; and
``(2) remember and honor our Nation's Atomic Veterans
whose brave service and sacrifice played an important
role in the defense of our Nation.''.
(c) Clerical Amendment.--The analysis for chapter 1 of title
36, United States Code, is amended by adding at the end the
following new item:
``146. National Atomic Veterans Day.''.
____________________________________________________
405. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. REPORT ON OPEN RADIO ACCESS NETWORKS TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation the Secretary of Commerce, shall submit to the
appropriate congressional committees a report on the national
security implications of open radio access networks (Open RAN
or O-RAN) technology that--
(1) provides information on the Department of State's
diplomatic efforts to ensure United States leadership
in international standard setting bodies for Open RAN
technology;
(2) describes the involvement of China headquartered
companies in Open RAN standards setting bodies such as
the O-RAN Alliance;
(3) reviews the national security risks posed by the
presence of entities included on the Bureau of Industry
and Security's ``Entity List'' in the O-RAN Alliance;
(4) determines whether entities that do business in
the United States can participate in the O-Ran Alliance
under existing sanctions and export control laws;
(5) analyzes whether United States national security
is affected by the limited number of telecommunications
equipment vendors, and examines whether the advent and
deployment of Open RAN technology could affect such;
(6) outlines how the United States can work with
allies, partners, and other countries to ensure that
Open RAN technology maintains the highest security and
privacy standards; and
(7) identifies steps the United States can take to
assert leadership in Open RAN technology.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Energy and Commerce of the House
of Representatives; and
(4) the Committee on Commerce, Science, and
Transportation of the Senate.
----------
406. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X insert the following:
SEC. 10__. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR.
(a) Findings.--Congress finds the following:
(1) Since at least 2016, United States Government
personnel and their family members have reported
anomalous health incidents at diplomatic missions
across the world and in the United States, which are
sometimes referred to as ``Havana Syndrome''.
(2) Some of the anomalous health incidents have
resulted in unexplained brain injuries, which have had
permanent, life-altering effects that have disrupted
lives and ended careers.
(3) A panel of experts convened by the Bureau of
Medical Services of the Department of State in July
2017 to review triage assessments of medically
evaluated personnel from the United States Embassy in
Havana came to a consensus that the findings were most
likely related to neurotrauma from a nonnatural source.
(4) A 2020 report by the National Academy of Sciences
found that ``many of the distinctive and acute signs,
symptoms, and observations reported by [affected]
employees are consistent with the effects of directed,
pulsed radio frequency (RF) energy'' and that
``directed pulsed RF energy [...] appears to be the
most plausible mechanism in explaining these cases''.
(5) According to the National Academy of Sciences
report, ``such a scenario raises grave concerns about a
world with disinhibited malevolent actors and new tools
for causing harm to others''.
(6) The number and locations of these suspected
attacks have expanded and, according to press
reporting, there have been more than 130 possible cases
that have been reported by United States personnel in
Asia, in Europe, and in the Western Hemisphere,
including within the United States.
(7) The continuing and expanding scope of these
suspected attacks is impacting the security and morale
of United States personnel, especially those posted
overseas.
(8) The Convention on the Prevention and Punishment
of Crimes against Internationally Protected Persons
(including diplomatic agents) to which 180 countries
are a party, protects diplomatic personnel from attacks
on their persons, accommodations, or means of
transport, and requires all state parties to punish and
take measures to prevent such grave crimes.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the threat to United States Government personnel
from suspected attacks presenting as anomalous health
incidents is a matter of urgent concern and deserving
of the full attention of government;
(2) personnel, dependents, and other appropriate
individuals suffering anomalous health incidents from
these suspected attacks deserve equitable, accessible,
and high-quality medical assessment and care,
regardless of their employing Government agency;
(3) diagnoses and determinations to treat personnel,
dependents, and other appropriate individuals
experiencing symptoms consistent with such injuries
should be made by experienced medical professionals and
made available by the Federal Government;
(4) any recriminations, retaliation, or punishment
associated with personnel self-reporting symptoms is
unacceptable and should be investigated by internal
agency oversight mechanisms;
(5) information sharing and interagency coordination
is essential for the comprehensive investigation,
attribution, and mitigation of these injuries;
(6) the Administration should provide Congress and
the public with timely and regular unclassified updates
on the threat posed to United States Government
personnel by the suspected causes of these injuries;
(7) recent efforts by the Administration and among
relevant agencies represent positive steps toward
responding to the threat of anomalous health incidents,
but more comprehensive measures must be taken to
further assist victims, investigate and determine the
cause of the injuries of such victims, and prevent
future incidents;
(8) establishing the source and cause of these
anomalous health incidents must be a top priority for
the United States Government and requires the full
coordination of relevant agencies;
(9) if investigations determine that the anomalous
health incidents are the result of deliberate acts by
individuals, entities, or foreign countries, the United
States Government should recognize and respond to these
incidents as hostile attacks; and
(10) any actors found to have been targeting United
States Government personnel should be publicly
identified, as appropriate, and held accountable.
(c) Statement of Policy.--It is the policy of the United
States--
(1) to detect, deter, and punish any clandestine
attacks that cause persistent injuries to United States
personnel;
(2) to provide appropriate assistance to United
States personnel harmed by such attacks;
(3) to hold responsible any persons, entities, or
governments involved in ordering or carrying out such
attacks, including through appropriate sanctions,
criminal prosecutions, or other tools;
(4) to prioritize research into effective
countermeasures to help protect United States personnel
from such attacks; and
(5) to convey to foreign governments through official
contact at the highest levels the gravity of United
States concern about such suspected attacks and the
seriousness of consequences that may follow for any
actors found to be involved.
(d) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the
date of the enactment of this section, the President
shall designate--
(A) an appropriate senior official to be
known as the Anomalous Health Incidents
Interagency Coordinator; and
(B) an appropriate senior official in the
White House Office of Science and Technology
Policy to be known as the Deputy Anomalous
Health Incidents Interagency Coordinator.
(2) Duties.--The Interagency Coordinator shall work
through the President's designated National Security
process--
(A) to coordinate the response of the United
States Government to anomalous health
incidents;
(B) to coordinate among relevant agencies to
ensure equitable and timely access to
assessment and care for affected personnel,
dependents, and other appropriate individuals;
(C) to ensure adequate training and education
for United States Government personnel;
(D) to ensure that information regarding
anomalous health incidents is efficiently
shared across relevant agencies in a manner
that provides appropriate protections for
classified, sensitive, and personal
information;
(E) to coordinate through the White House
Office of Science and Technology Policy, and
across the science and technology enterprise of
the Government, the technological and research
efforts of the Government to address suspected
attacks presenting as anomalous health
incidents; and
(F) to develop policy options to prevent,
mitigate, and deter suspected attacks
presenting as anomalous health incidents.
(3) Designation of agency coordination leads.--
(A) In general.--The head of each relevant
agency shall designate a Senate-confirmed or
other appropriate senior official, who shall--
(i) serve as the Anomalous Health
Incident Agency Coordination Lead for
the relevant agency;
(ii) report directly to the head of
the relevant agency regarding
activities carried out under this
section;
(iii) perform functions specific to
the relevant agency, consistent with
the directives of the Interagency
Coordinator and the established
interagency process;
(iv) participate in interagency
briefings to Congress regarding the
response of the United States
Government to anomalous health
incidents; and
(v) represent the relevant agency in
meetings convened by the Interagency
Coordinator.
(B) Delegation prohibited.--An Agency
Coordination Lead may not delegate the
responsibilities described in clauses (i)
through (iii) of subparagraph (A).
(4) Secure reporting mechanisms.--Not later than 90
days after the date of the enactment of this section,
the Interagency Coordinator shall--
(A) ensure that each relevant agency develops
a process to provide a secure mechanism for
personnel, their dependents, and other
appropriate individuals to self-report any
suspected exposure that could be an anomalous
health incident;
(B) ensure that each relevant agency shares
all relevant data in a timely manner with the
Office of the Director of National
Intelligence, and other relevant agencies,
through existing processes coordinated by the
Interagency Coordinator; and
(C) in establishing the mechanism described
in subparagraph (A), prioritize secure
information collection and handling processes
to protect classified, sensitive, and personal
information.
(5) Briefings.--
(A) In general.--Not later than 60 days after
the date of the enactment of this section, and
quarterly thereafter for the following two
years, the Interagency Coordinator, the Deputy
Coordinator, and the Agency Coordination Leads
shall jointly provide a briefing to the
appropriate national security committees
regarding progress in carrying out the duties
under paragraph (2), including the requirements
under subparagraph (B).
(B) Elements.--The briefings required under
subparagraph (A) shall include--
(i) an update on the investigation
into anomalous health incidents
impacting United States Government
personnel and their family members,
including technical causation and
suspected perpetrators;
(ii) an update on new or persistent
incidents;
(iii) threat prevention and
mitigation efforts to include personnel
training;
(iv) changes to operating posture due
to anomalous health threats;
(v) an update on diagnosis and
treatment efforts for affected
individuals, including patient numbers
and wait times to access care;
(vi) efforts to improve and encourage
reporting of incidents;
(vii) detailed roles and
responsibilities of Agency Coordination
Leads;
(viii) information regarding
additional authorities or resources
needed to support the interagency
response; and
(ix) other matters that the
Interagency Coordinator or the Agency
Coordination Leads consider
appropriate.
(C) Unclassified briefing summary.--The
Agency Coordination Leads shall provide a
coordinated, unclassified summary of the
briefings to Congress, which shall include as
much information as practicable without
revealing classified information or information
that is likely to identify an individual.
(6) Retention of authority.--The appointment of the
Interagency Coordinator shall not deprive any Federal
agency of any authority to independently perform its
authorized functions.
(7) Rule of construction.--Nothing in this section
may be construed to limit--
(A) the President's authority under article
II of the United States Constitution; or
(B) the provision of health care and benefits
to afflicted individuals, consistent with
existing laws.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of State $5,000,000 for fiscal
year 2022 to be used--
(1) to increase capacity and staffing for the Health
Incident Response Task Force of the Department of
State;
(2) to support the development and implementation of
efforts by the Department of State to prevent and
mitigate anomalous health incidents affecting its
workforce;
(3) to investigate and characterize the cause of
anomalous health incidents, including investigations of
causation and attribution;
(4) to collect and analyze data related to anomalous
health incidents;
(5) to coordinate with other relevant agencies and
the National Security Council regarding anomalous
health incidents; and
(6) to support other activities to understand,
prevent, deter, and respond to suspected attacks
presenting as anomalous health incidents, at the
discretion of the Secretary of State.
(f) Development and Dissemination of Workforce Guidance.--The
President shall direct relevant agencies to develop and
disseminate to employees who are at risk of exposure to
anomalous health incidents, not later than 90 days after the
date of the enactment of this section, updated workforce
guidance to report, mitigate, and address suspected attacks
presenting as anomalous health incidents.
(g) Definitions.--In this section:
(1) The term ``Agency Coordination Lead'' means a
senior official designated by the head of a relevant
agency to serve as the Anomalous Health Incident Agency
Coordination Lead for such agency.
(2) The term ``appropriate national security
committees'' means--
(A) the Committee on Armed Services of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Select Committee on Intelligence of
the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on the Judiciary of the
Senate;
(F) the Committee on Armed Services of the
House of Representatives;
(G) the Committee on Foreign Affairs of the
House of Representatives;
(H) the Permanent Select Committee on
Intelligence of the House of Representatives;
(I) the Committee on Homeland Security of the
House of Representatives; and
(J) the Committee on the Judiciary of the
House of Representatives.
(3) The term ``Deputy Coordinator'' means the Deputy
Anomalous Health Incidents Interagency Coordinator in
the White House Office of Science and Technology Policy
designated pursuant to subsection (d)(1).
(4) The term ``Interagency Coordinator'' means the
Anomalous Health Incidents Interagency Coordinator
designated pursuant to subsection (d)(1).
(5) The term ``relevant agencies'' means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National
Intelligence;
(D) the Central Intelligence Agency;
(E) the Department of Justice;
(F) the Department of Homeland Security; and
(G) other agencies and bodies designated by
the Interagency Coordinator.
----------
407. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII, add the following new
section:
SEC. 8__. CONTRACTOR LOBBYING RESTRICTION COMPLIANCE REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
promulgate regulations requiring each offeror that submits a
bid or proposal in response to a solicitation issued by the
Department of Defense to include in such bid or proposal a
representation that all covered individuals receiving
compensation from such offeror are in compliance with the
requirements of section 1045 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1555; 10 U.S.C. 971 note prec.).
(b) Covered Individuals Defined.--The term ``covered
individual'' means an individual described in subsection (a)(2)
or (b)(2) of section 1045 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1555; 10
U.S.C. 971 note prec.).
----------
408. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. ____. INCREASE IN LENGTH OF POST-EMPLOYMENT BAN ON LOBBYING BY
CERTAIN FORMER SENIOR EXECUTIVE BRANCH PERSONNEL.
(a) Increase in Length of Ban.--Section 207(c) of title 18,
United States Code, is amended--
(1) in the heading, by striking ``One-Year'' and
inserting ``Two-Year''; and
(2) in paragraph (1), by striking ``within 1 year
after the termination'' and inserting ``within 2 years
after the termination''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to any individual who, on or after the
date of the enactment of this Act, leaves a position to which
subsection (c) of section 207 of title 18, United States Code,
applies.
----------
409. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. PLAN FOR DEVELOPMENT AND MANAGEMENT OF THE GENDER ADVISOR
WORKFORCE.
(a) Plan Required.--The Secretary of Defense shall develop
and implement a plan to institutionalize the gender advisor
workforce of the Department of Defense responsible for
supporting the implementation of the Women, Peace, and Security
Act of 2017 (Public Law 115-68; 131 Stat. 1202).
(b) Elements.--The plan under subsection (a) shall include:
(1) Plans for the development and management of the
gender advisor workforce, including plans for the
training, certification, assignments, and career
development of the personnel of such workforce.
(2) The actions the Secretary of Defense will carry
out to elevate, develop, define, and standardize the
gender advisor workforce in accordance with
recommendation 3.4(a) of the report of the Independent
Review Commission on Sexual Assault in the Military
titled ``Hard Truths and the Duty to Change:
Recommendations from the Independent Review Commission
on Sexual Assault in the Military'' and dated July 2,
2021.
(3) Development of or modifications to guidance,
policy, professional military education, and doctrine
to define and standardize the gender advisor program
with a focus on incorporating the principles outlined
in the plan of the Department of Defense titled
``Women, Peace, and Security Strategic Framework and
Implementation Plan'' and dated June 2020, or any
successor plan.
(4) Identification of training and education
requirements for members of the Armed Forces and
civilian employees of the Department of Defense,
including general and flag officers and members of the
senior executive service, on the role of the gender
advisor workforce and the principles outlined in plan
referred to in paragraph (3), or any successor plan.
(5) The funds, resources, and authorities needed to
establish and develop the gender advisor role into a
full-time, billeted, and resourced position across
organizations within the Department of Defense,
including the military departments, the Armed Forces,
the combatant commands, Defense Agencies, and
Department of Defense Field Activities.
(6) Developing and standardizing position
descriptions of the gender advisor workforce, including
gender advisors and gender focal points, across
organizations within the Department, including the
military departments, the Armed Forces, the combatant
commands, Defense Agencies, and Department of Defense
Field Activities.
(7) An assessment and review of the Department's
existing training programs for gender advisors and
gender focal points.
(8) Actions to adapt gender analysis (as defined in
section 3 of the Women's Entrepreneurship and Economic
Empowerment Act (Public Law 115-428; 22 U.S.C. 2151-2))
to fit the needs of the Department of Defense and to
incorporate such analysis into the work of gender
advisors and other personnel identified as part of the
gender advisor workforce.
(9) The actions the Secretary will carry out to
incorporate the total amount of expenditures and
proposed appropriations necessary to support the
program, projects, and activities of the gender advisor
workforce into the future years defense program, as
submitted to Congress under section 221 of title 10,
United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report detailing the
plan developed under subsection (a) and the Secretary's
progress in implementing such plan.
(d) Briefing.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the appropriate congressional committees a briefing on the
report under subsection (c) detailing the plan developed under
subsection (a) and the Secretary's progress in implementing
such plan.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
410. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title VII, add the following new
section:
SEC. 7__. AVAILABILITY OF CERTAIN PRECONCEPTION AND PRENATAL CARRIER
SCREENING TESTS UNDER THE TRICARE PROGRAM.
(a) Tests Available.--Section 1079(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(18) Preconception and prenatal carrier screening
tests shall be provided to covered beneficiaries upon
the request of the beneficiary, with a limit per
beneficiary of one test per condition per lifetime, for
the following conditions:
``(A) Cystic Fibrosis.
``(B) Spinal Muscular Atrophy.
``(C) Fragile X Syndrome.
``(D) Tay-Sachs Disease.
``(E) Hemoglobinopathies.
``(F) Conditions linked with Ashkenazi Jewish
descent.''.
(b) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall provide to the congressional defense
committees a report identifying the number of
beneficiaries under the TRICARE program who have
received a screening test under section 1079(a)(18) of
title 10, United States Code, as added by subsection
(a), disaggregated by type of beneficiary and whether
the test was provided under the direct care or
purchased care component of the TRICARE program.
(2) TRICARE program defined.--In this subsection, the
term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
----------
411. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
Add at the end of title LX of division E the following:
SEC. ____. AFGHAN REFUGEES OF SPECIAL HUMANITARIAN CONCERN.
(a) In General.--The Secretary of State, in consultation with
the Secretary of Homeland Security, shall designate as Priority
2 refugees of special humanitarian concern the following
individuals:
(1) Individuals who--
(A) are or were habitual residents of
Afghanistan;
(B) are nationals of Afghanistan or stateless
persons;
(C) have suffered persecution or have a well-
founded fear of persecution; and
(D) share common occupational characteristics
that identify them as targets of persecution in
Afghanistan on account of race, religion,
nationality, membership in a particular social
group, or political opinion, as determined by
the Secretary of State, including the
following:
(i) Civil servants.
(ii) Public officials and government
personnel, including members of the
peace negotiation team.
(iii) Democracy and human rights
defenders.
(iv) Women's rights defenders.
(v) Journalists and media personnel.
(vi) Legal professionals.
(2) Individuals who--
(A) are or were habitual residents of
Afghanistan;
(B) are nationals of Afghanistan or stateless
persons; and
(C) were employed in Afghanistan for an
aggregate period of not less than 1 year by--
(i) a media or nongovernmental
organization based in the United
States; or
(ii) an organization or entity that
has received a grant from, or entered
into a cooperative agreement or
contract with, the United States
Government.
(3) Individuals who--
(A) are or were habitual residents of
Afghanistan;
(B) are nationals of Afghanistan or stateless
persons; and
(C) are beneficiaries of an approved I-130
Petition for Alien Relative.
(b) Processing of Afghan Refugees.--The processing of
individuals who are or were habitual residents of Afghanistan,
are nationals of Afghanistan or stateless persons, and have
suffered persecution, or have a well-founded fear of
persecution, for classification as refugees may occur in
Afghanistan or in a third country.
(c) Eligibility for Admission as a Refugee.--An alien may not
be denied the opportunity to apply for admission as a refugee
under this section solely because such alien qualifies as an
immediate relative of a national of the United States or is
eligible for admission to the United States under any other
immigrant classification.
(d) Identification of Other Persecuted Groups.--The Secretary
of State, or the designee of the Secretary, is authorized to
classify other groups of individuals who are or were nationals
and residents of Afghanistan as Priority 2 refugees of special
humanitarian concern.
(e) Satisfaction of Other Requirements.--Aliens designated as
Priority 2 refugees of special humanitarian concern under this
section shall be deemed to satisfy the requirements under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) for admission to the United States.
(f) Timeline for Processing Applications.--
(1) In general.--The Secretary of State and the
Secretary of Homeland Security shall ensure that all
steps under the control of the United States Government
incidental to the approval of such applications,
including required screenings and background checks,
are completed not later than 6 months after the date on
which an eligible applicant submits an application
under subsection (a).
(2) Exception.--Notwithstanding paragraph (1), the
United States Refugee Admission Program may take
additional time to process applications described in
paragraph (1) if satisfaction of national security
concerns requires such additional time, if the
Secretary of Homeland Security, or the designee of the
Secretary, has determined that the applicant meets the
requirements for status as a refugee of special
humanitarian concern under this section and has so
notified the applicant.
(g) Additional Forms of Immigration Relief.--The Secretary of
State shall consider additional forms of immigration relief
available to Afghans and coordinate with embassies,
nongovernmental organizations, and the United Nations High
Commissioner for Refugees to receive referrals for individuals
who--
(1) are or were habitual residents of Afghanistan;
(2) are nationals of Afghanistan or stateless
persons; and
(3) are described in subsection (a) or otherwise face
humanitarian concerns.
(h) Issuance of Travel Documents.--Each officer or employee
of the Federal Government whose official duties include issuing
travel documentation, diplomatic notes, letters of support, or
other relevant materials for individuals described in
subsection (a) or for nationals of Afghanistan who are applying
for special immigrant visas or any other humanitarian relief
under the immigration laws, shall carry out such duties as
expeditiously as possible, and shall prioritize facilitating
the evacuation of such individuals.
(i) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of Homeland
Security, should establish a special humanitarian
parole program that--
(A) is for individuals described in
subsection (a) and for nationals of Afghanistan
who are applying for special immigrant visas or
any other humanitarian relief under the
immigration laws, who are human rights
defenders, democracy workers, women's rights
activists, women politicians, journalists, or
other highly visible women leaders; and
(B) prioritizes providing assistance for
women; and
(2) women's organizations in Afghanistan should be
included as recipients of any Federal funding for
assistance in Afghanistan, such as for food, water, and
shelter, as such organizations serve as trusted
resources for vulnerable Afghan women seeking such
assistance, most often as they are fleeing direct
violence and threats on their lives.
----------
412. An Amendment To Be Offered by Representative Stauber of Minnesota
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF BUSINESS
CONCERNS.
Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5);
and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) Determinations regarding status of concerns.--
``(A) In general.--Not later than 2 days
after the date on which a final determination
that a business concern does not meet the
requirements of the status such concern claims
to hold is made, such concern or the
Administrator, as applicable, shall update the
status of such concern in the System for Award
Management (or any successor system).
``(B) Administrator updates.--If such concern
fails to update the status of such concern as
described in subparagraph (A), not later than 2
days after such failure the Administrator shall
make such update.
``(C) Notification.--A concern required to
make an update described under subparagraph (A)
shall notify any contracting officers for which
such concern has an offer pending on a
contract, of the determination made under
subparagraph (A), if the concern, in good
faith, finds that such determination impacts
the eligibility of the concern to perform such
a contract.''.
----------
413. An Amendment To Be Offered by Representative Stauber of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title X, insert the following:
SEC. __. AWARD OF CONTRACTS FOR SHIP REPAIR WORK TO NON-HOMEPORT
SHIPYARDS TO MEET SURGE CAPACITY.
Section 8669a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) In order to meet surge capacity, the Secretary of the
Navy may solicit proposals from, and award contracts for ship
repair to, non-homeport shipyards that otherwise meet the
requirements of the Navy for ship repair work.''.
----------
414. An Amendment To Be Offered by Representative Stefanik of New York
or Her Designee, Debatable for 10 Minutes
At the end of subtitle __ of title LX, insert the following
new section:
SEC. 60__. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
(a) Establishment.--Title I of the National Quantum
Initiative Act (15 U.S.C. 8811 note et al.) is amended--
(1) by redesignating section 105 as section 106; and
(2) by inserting after section 104 the following new
section:
``SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY IMPLICATIONS OF
QUANTUM INFORMATION SCIENCE.
``(a) Establishment.--The President shall establish, through
the National Science and Technology Council, the Subcommittee
on the Economic and Security Implications of Quantum
Information Science.
``(b) Membership.--The Subcommittee shall include a
representative of--
``(1) the Department of Energy;
``(2) the Department of Defense;
``(3) the Department of Commerce;
``(4) the Department of Homeland Security;
``(5) the Office of the Director of National
Intelligence;
``(6) the Office of Management and Budget;
``(7) the Office of Science and Technology Policy;
``(8) the Federal Bureau of Investigation;
``(9) the National Science Foundation; and
``(10) such other Federal department or agency as the
President considers appropriate.
``(c) Chairpersons.--The Subcommittee shall be jointly
chaired by the Secretary of Defense, the Secretary of Energy,
the Director of National Intelligence, and the Director of the
Office of Science and Technology Policy.
``(d) Responsibilities.--The Subcommittee shall--
``(1) in coordination with the Director of the Office
and Management and Budget and the Director of the
National Quantum Coordination Office, track investments
of the Federal Government in quantum information
science research and development;
``(2) review and assess any economic or security
implications of such investments;
``(3) review and assess any counterintelligence risks
or other foreign threats to such investments;
``(4) establish goals and priorities of the Federal
Government and make recommendations to Federal
departments and agencies and the Director of the
National Quantum Coordination Office to address any
counterintelligence risks or other foreign threats
identified as a result of an assessment under paragraph
(3);
``(5) assess the export of technology associated with
quantum information science and recommend to the
Secretaries of Commerce, Defense, and State export
controls necessary to protect the economic and security
interests of the United States as a result of such
assessment;
``(6) recommend to Federal departments and agencies
investment strategies in quantum information science
that advance the economic and security interest of the
United States;
``(7) recommend to the Director of National
Intelligence, the Secretary of Defense, and the
Secretary of Energy, appropriate protections to address
counterintelligence risks or other foreign threats
identified as a result of the assessment under
paragraph (3); and
``(8) in coordination with the Subcommittee on
Quantum Information Science, ensure the approach of the
United States to investments of the Federal Government
in quantum information science research and development
reflects a balance between scientific progress and the
potential economic and security implications of such
progress.
``(e) Technical and Administrative Support.--
``(1) In general.--The Secretary of Defense, the
Secretary of Energy, the Director of National
Intelligence, and the Director of the National Quantum
Coordination Office may provide to the Subcommittee
personnel, equipment, facilities, and such other
technical and administrative support as may be
necessary for the Subcommittee to carry out the
responsibilities of the Subcommittee under this
section.
``(2) Support related to classified information.--The
Director of the Office of Science and Technology
Policy, and (to the extent practicable) the Secretary
of Defense and the Director of National Intelligence,
shall provide to the Subcommittee technical and
administrative support related to the responsibilities
of the Subcommittee that involve classified
information, including support related to sensitive
compartmented information facilities and the storage of
classified information.''.
(b) Sunset for Subcommittee.--
(1) Inclusion in sunset provision.--Such title is
further amended in section 106, as redesignated by
subsection (a), by striking ``103, and 104'' and
inserting ``103, 104, and 105''.
(2) Effective date.--The amendments made by
subsection (a) shall take effect as if included in the
enactment of the National Quantum Initiative Act (15
U.S.C. 8801 note et al.).
(c) Conforming Amendments.--The National Quantum Initiative
Act (15 U.S.C. 8801 note et al.) is further amended--
(1) in section 2, by striking paragraph (7) and
inserting the following new paragraphs:
``(7) Subcommittee on economic and security
implications.--The term `Subcommittee on Economic and
Security Implications' means the Subcommittee on the
Economic and Security Implications of Quantum
Information Science established under section 105(a).
``(8) Subcommittee on quantum information science.--
The term `Subcommittee on Quantum Information Science'
means the Subcommittee on Quantum Information Science
of the National Science and Technology Council
established under section 103(a).'';
(2) in section 102(b)(1)--
(A) in subparagraph (A), by striking ``;
and'' and inserting ``on Quantum Information
Science;'';
(B) in subparagraph (B), by inserting ``and''
after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(C) the Subcommittee on Economic and
Security Implications;''; and
(3) in section 104(d)(1), by striking `` and the
Subcommittee'' and inserting ``, the Subcommittee on
Quantum Information Science, and the Subcommittee on
Economic and Security Implications''
(d) Clerical Amendment.--The table of sections at the
beginning of the National Quantum Initiative Act (15 U.S.C.
8801 note et al.) is amended by striking the item relating to
section 105 and inserting the following new items:
``105. Subcommittee on the Economic and Security Implications of Quantum
Information Science.
``106. Sunset.''.
----------
415. An Amendment To Be Offered by Representative Stefanik of New York
or Her Designee, Debatable for 10 Minutes
Page 903, line 15, strike ``congressional defense
committees'' and insert ``House Committee on Armed Services''.
Page 905, strike lines 4 through 9 and insert the following:
(c) Timing.--With respect to the quarterly briefings required
under subsection (a)--
(1) the first such quarterly briefing is due not
later than March 31, 2022; and
(2) each subsequent briefing is due each quarter
thereafter until March 31, 2024.
----------
416. An Amendment To Be Offered by Representative Steil of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. _ REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS IN IRAQ.
(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 State, shall submit to the
appropriate congressional committees a report on the short- and
long-term threats posed by Iranian-backed militias in Iraq to
Iraq and to United States persons and interests.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed description of acts of violence and
intimidation that Iranian-backed militias in Iraq have
committed against Iraqi civilians during the previous
two years.
(2) A detailed description of the threat that
Iranian-backed militias in Iraq pose to United States
persons in Iraq and in the Middle East, including
United States Armed Forces and diplomats.
(3) A detailed description of the threat Iranian-
backed militias in Iraq pose to United States partners
in the region.
(4) A detailed description of the role that Iranian-
backed militias in Iraq", including the Badr Corps,
play in Iraq's armed forces and security services,
including Iraq's Popular Mobilization Forces.
(5) An assessment of whether, and to what extent, any
Iranian-backed militia in Iraq, or member of such
militia, was provided assistance directly or indirectly
from the Department of Defense or had illicit access to
United States-origin defense equipment provided to Iraq
since 2014 and the response from the Government of Iraq
to each incident.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex only if such annex is provided separately from the
unclassified 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 Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
Foreign Relations of the Senate.
----------
417. An Amendment To Be Offered by Representative Steil of Wisconsin or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. REPORT ON EFFECTIVENESS OF TALIBAN SANCTIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury shall submit to
Congress a report on the status of United States and United
Nations sanctions imposed with respect to the Taliban that
includes--
(1) a description of any gaps in current sanctions
authorities to block the Taliban's sources of finance
given the current situation in Afghanistan and the
Taliban's takeover;
(2) recommendations for ways current sanctions can be
enhanced to block the Taliban's profit from the drug
trade and the trade of rare earth minerals, as well as
from economic relations between the Taliban and China;
and
(3) a list of current waivers and licenses granted
with respect to sanctions imposed with respect to
Afghanistan, the reasons behind them, and how such
waivers and licenses affect the Taliban's financing.
----------
418. An Amendment To Be Offered by Representative Steil of Wisconsin or
His Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall issue a report to the Committees on Financial
Services and Foreign Affairs of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate that includes a copy of any
license issued by the Secretary in the preceding 180 days that
authorizes a United States financial institution (as defined
under section 561.309 of title 31, Code of Federal Regulations)
to provide financial services benefitting--
(1) a state sponsor of terrorism; or
(2) a person sanctioned pursuant to any of the
following:
(A) Section 404 of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule
of Law Accountability Act of 2012 (Public Law
112-208).
(B) Subtitle F of title XII of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328, the Global Magnitsky Human
Rights Accountability Act).
(C) Executive Order No. 13818.
----------
419. An Amendment To Be Offered by Representative Stewart of Utah or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title III, insert the following:
SEC. 3__. BRIEFING ON AIR FORCE PLAN FOR CERTAIN AEROSPACE GROUND
EQUIPMENT MODERNIZATION.
Not later than March 1, 2022, the Secretary of the Air Force
shall provide a briefing to the Committee on Armed Services of
the House of Representatives on current and future plans for
the replacement of aging aerospace ground equipment, which
shall include--
(1) an analysis of the average yearly cost to the Air
Force of maintaining legacy and out-of-production A/
M32A-60 and A/M32C-10 air start carts;
(2) a comparison of the cost of reconditioning these
existing legacy systems compared to the cost of
replacing them with next-generation air start carts;
(3) an analysis of the long-term maintenance and fuel
savings that would be realized by the Air Force if the
legacy systems were upgraded to next-generation air
start carts;
(4) an analysis of the tactical and logistical
benefits of transitioning from multi-component
aerospace ground equipment systems to modern all-in-one
systems; and
(5) an overview of existing and future plans to
replace legacy air start carts with modern aerospace
ground equipment technology.
----------
420. An Amendment To Be Offered by Representative Takano of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 576. CONSIDERATION OF SEXUAL ORIENTATION BY INSPECTOR GENERAL WHEN
CONDUCTING REVIEW OF RACIAL DISPARITY IN THE
DEPARTMENT OF DEFENSE.
The Inspector General of the Department of Defense shall take
sexual orientation into account when conducting any review of
racial disparity in such Department after the date of the
enactment of this Act.
----------
421. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
Page 912, line 13, strike ``; and'' and insert a semicolon.
Page 912, after line 13, insert the following:
(2) all instances of the supply, sale, or transfer of
arms or related materiel, including spare parts, to or
from Iran as well as all instances of missile launches
by Iran, including for the purposes of testing and
development or use in military operations; and
Page 912, line 17, strike ``such capabilities'' and insert
``the military capabilities described in paragraph (1)''.
----------
422. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XII, insert
the following:
SEC. 12__. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and Committee on Armed Services and the
Committee on Foreign Relations of the Senate a report that
includes a detailed description of the following:
(1) An assessment of the United Nations arms embargo
on Iran and its effectiveness in constraining Iran's
ability to supply, sell, or transfer, directly or
indirectly, arms or related materiel, including spare
parts, while the embargo was in effect.
(2) The measures that the Departments of Defense and
State are taking, in the absence of such a United
Nations arms embargo on Iran, to constrain Iranian arms
proliferation and advance an equally robust, global
prohibition on the supply, sale, or transfer, of
weapons to or from Iran.
----------
423. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XII, insert
the following:
SEC. 12__. REPORT ON IRGC-AFFILIATED OPERATIVES ABROAD.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the President shall
submit to the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and Committee
on Armed Services and the Committee on Foreign Relations of the
Senate a report that includes a detailed description of the
following:
(1) All IRGC-affiliated operatives serving in
diplomatic and consular posts outside of Iran.
(2) The ways in which the Department of Defense, in
coordination with the Department of State, is working
with partner countries to inform them of the threat
posed by IRGC-affiliated operatives, who are also
operatives of a designated foreign terrorist
organization, and to reduce the presence of such
operatives.
----------
424. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XII of division A, add the
following:
SEC. 12_. ESTABLISHMENT OF CHINA WATCHER PROGRAM.
(a) In General.--The Secretary of State, in coordination with
relevant offices and bureaus of the Department of Defense,
shall implement a program, to be known as the ``China Watcher
Program'', within the Department of State to--
(1) monitor and combat the People's Republic of
China's malign influence across military, economic, and
political sectors in foreign countries;
(2) monitor the People's Republic of China's military
trends abroad and counter its activities and
advancements in foreign nations that pose a threat to
United States interests and the rules-based order; and
(3) strengthen the capacity of United States
Government to engage with foreign countries and
regional and international military, economic, and
political organizations and institutions relating to
policy coordination regarding the People's Republic of
China and efforts to counter the People's Republic of
China's malign influence.
(b) Placement.--
(1) In general.--In carrying out the China Watcher
Program under this section, the Secretary of State, in
consultation with the Secretary of Defense, shall place
officers in positions in select United States
diplomatic and consular posts, in coordination with the
Secretary of State, to engage both Chinese and third-
country nationals, including host governments and non-
government entities, on the matters described in
subsection (a).
(2) Priority.--The Secretary of State shall--
(A) in selecting diplomatic and consular
posts, prioritize foreign countries in which
Chinese influence has been historically
significant and in which United States
interests and persons are vulnerable to the
People's Republic of China's malign activities;
and
(B) in placing personnel in such posts,
select, in consultation with the Secretary of
Defense, personnel within either the Department
of State or the Department of Defense who have
sufficient subject matter expertise, language
skills, and training to carry out their
functions effectively.
(c) Annual Report.--
(1) In general.--Each post or mission with a China
Watcher Program shall produce an annual report
outlining the steps it has taken to advance the
mission, trends and analysis, and the nature and extent
of Chinese foreign direct investment and influence in
key military, economic, and political sectors,
including technology, manufacturing, transportation,
energy, metals, agriculture, real estate, and defense.
(2) Matters to be included.--Such report shall
include an assessment of the investment, trade, and
other risks posed by Chinese malign influence as well
as instances of predatory actions by the People's
Republic of China or its affiliates.
(d) Risk Assessment.--The annual report required by
subsection (c) shall include a risk assessment which shall be
made publicly available. The Secretary of State, in
consultation with the Secretary of Defense, shall, based on the
results of such report, make publicly available a list of
countries of concern in regard to the likelihood of economic
espionage and coercion or influence of the People's Republic of
China across military, economic, and political sectors.
(e) Authorization of Appropriations.--There is authorized to
be appropriated $10,000,000 for fiscal year 2022 and each
fiscal year thereafter to carry out this section.
----------
425. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2___. ESTABLISHMENT OF QUANTUM NETWORK TESTBED PROGRAM FOR
DEPARTMENT OF AIR FORCE.
(a) In General.--The Secretary of the Air Force may establish
a program to develop a proof-of-concept quantum network testbed
that may be accessed by prototype quantum computers.
(b) Funding for Quantum Network Testbed Program.--
(1) Increase.--Notwithstanding the amounts set forth
in the funding tables in division D, the amount
authorized to be appropriated in section 201 for
research, development, test, and evaluation Air Force
applied research, line 014, as specified in the
corresponding funding table in section 4201, for
dominant information sciences and methods is hereby
increased by $10,000,000 (to be used to in support of
the quantum network and computing testbed program under
this section).
(2) 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, space force, as specified in the
corresponding funding table in section 4301, contractor
logistics and system support, line 080, is hereby
reduced by $10,000,000.
----------
426. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR AL-ASSAD.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the estimated net worth and known sources of
income of Syrian President Bashar al-Assad and his family
members (including spouse, children, siblings, and paternal and
maternal cousins), including income from corrupt or illicit
activities and including assets, investments, other business
interests, and relevant beneficial ownership information.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex if necessary. The unclassified portion of such report
shall be made available on a publicly available internet
website of the Federal Government.
----------
427. An Amendment To Be Offered by Representative Thompson of
Mississippi or His Designee, Debatable for 10 Minutes
Insert after title LIII the following new title:
TITLE LIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
SEC. 5401. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C.
344) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with
respect to leader development and
employee engagement,'' after
``policies'';
(ii) by striking ``and in line'' and
inserting ``, in line''; and
(iii) by inserting ``and informed by
best practices within the Federal
Government and the private sector,''
after ``priorities,'';
(B) in paragraph (2), by striking ``develop
performance measures to provide a basis for
monitoring and evaluating'' and inserting ``use
performance measures to evaluate, on an ongoing
basis,'';
(C) in paragraph (3), by inserting ``that, to
the extent practicable, are informed by
employee feedback'' after ``policies'';
(D) in paragraph (4), by inserting
``including leader development and employee
engagement programs,'' before ``in
coordination'';
(E) in paragraph (5), by inserting before the
semicolon at the end the following: ``that is
informed by an assessment, carried out by the
Chief Human Capital Officer, of the learning
and developmental needs of employees in
supervisory and nonsupervisory roles across the
Department and appropriate workforce planning
initiatives'';
(F) by redesignating paragraphs (9) and (10)
as paragraphs (13) and (14), respectively; and
(G) by inserting after paragraph (8) the
following new paragraphs:
``(9) maintain a catalogue of available employee
development opportunities, including the Homeland
Security Rotation Program pursuant to section 844,
departmental leadership development programs,
interagency development programs, and other rotational
programs;
``(10) ensure that employee discipline and adverse
action programs comply with the requirements of all
pertinent laws, rules, regulations, and Federal
guidance, and ensure due process for employees;
``(11) analyze each Department or Government-wide
Federal workforce satisfaction or morale survey not
later than 90 days after the date of the publication of
each such survey and submit to the Secretary such
analysis, including, as appropriate, recommendations to
improve workforce satisfaction or morale within the
Department;
``(12) review and approve all component employee
engagement action plans to ensure such plans include
initiatives responsive to the root cause of employee
engagement challenges, as well as outcome-based
performance measures and targets to track the progress
of such initiatives;'';
(2) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively;
(3) by inserting after subsection (c) the following
new subsection:
``(d) Chief Learning and Engagement Officer.--The Chief Human
Capital Officer may designate an employee of the Department to
serve as a Chief Learning and Engagement Officer to assist the
Chief Human Capital Officer in carrying out this section.'';
and
(4) in subsection (e), as so redesignated--
(A) by redesignating paragraphs (2), (3), and
(4) as paragraphs (5), (6), and (7),
respectively; and
(B) by inserting after paragraph (1) the
following new paragraphs:
``(2) information on employee development
opportunities catalogued pursuant to paragraph (9) of
subsection (b) and any available data on participation
rates, attrition rates, and impacts on retention and
employee satisfaction;
``(3) information on the progress of Departmentwide
strategic workforce planning efforts as determined
under paragraph (2) of subsection (b);
``(4) information on the activities of the steering
committee established pursuant to section 711(a),
including the number of meetings, types of materials
developed and distributed, and recommendations made to
the Secretary;''.
SEC. 5402. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 711. EMPLOYEE ENGAGEMENT.
``(a) Steering Committee.--Not later than 120 days after the
date of the enactment of this section, the Secretary shall
establish an employee engagement steering committee, including
representatives from operational components, headquarters, and
field personnel, including supervisory and nonsupervisory
personnel, and employee labor organizations that represent
Department employees, and chaired by the Under Secretary for
Management, to carry out the following activities:
``(1) Identify factors that have a negative impact on
employee engagement, morale, and communications within
the Department, such as perceptions about limitations
on career progression, mobility, or development
opportunities, collected through employee feedback
platforms, including through annual employee surveys,
questionnaires, and other communications, as
appropriate.
``(2) Identify, develop, and distribute initiatives
and best practices to improve employee engagement,
morale, and communications within the Department,
including through annual employee surveys,
questionnaires, and other communications, as
appropriate.
``(3) Monitor efforts of each component to address
employee engagement, morale, and communications based
on employee feedback provided through annual employee
surveys, questionnaires, and other communications, as
appropriate.
``(4) Advise the Secretary on efforts to improve
employee engagement, morale, and communications within
specific components and across the Department.
``(5) Conduct regular meetings and report, not less
than once per quarter, to the Under Secretary for
Management, the head of each component, and the
Secretary on Departmentwide efforts to improve employee
engagement, morale, and communications.
``(b) Action Plan; Reporting.--The Secretary, acting through
the Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the employee engagement steering
committee under subsection (a), issue a Departmentwide
employee engagement action plan, reflecting input from
the steering committee and employee feedback provided
through annual employee surveys, questionnaires, and
other communications in accordance with paragraph (1)
of such subsection, to execute strategies to improve
employee engagement, morale, and communications within
the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-
specific employee engagement plan to advance
the action plan required under paragraph (1)
that includes performance measures and
objectives, is informed by employee feedback
provided through annual employee surveys,
questionnaires, and other communications, as
appropriate, and sets forth how employees and,
where applicable, their labor representatives
are to be integrated in developing programs and
initiatives;
``(B) monitor progress on implementation of
such action plan; and
``(C) provide to the Chief Human Capital
Officer and the steering committee quarterly
reports on actions planned and progress made
under this paragraph.
``(c) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the steering
committee and its subcommittees.
``(d) Termination.--This section shall terminate on the date
that is five years after the date of the enactment of this
section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 710 the following
new item:
``Sec. 711. Employee engagement.''.
(c) Submissions to Congress.--
(1) Departmentwide employee engagement action plan.--
The Secretary of Homeland Security, acting through the
Chief Human Capital Officer of the Department of
Homeland Security, shall submit to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate the Departmentwide employee
engagement action plan required under subsection (b)(1)
of section 711 of the Homeland Security Act of 2002 (as
added by subsection (a) of this section) not later than
30 days after the issuance of such plan under such
subsection (b)(1).
(2) Component-specific employee engagement plans.--
Each head of a component of the Department of Homeland
Security shall submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate the component-specific employee
engagement plan of each such component required under
subsection (b)(2) of section 711 of the Homeland
Security Act of 2002 not later than 30 days after the
issuance of each such plan under such subsection
(b)(2).
SEC. 5403. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 5302 of this
Act, is further amended by adding at the end the following new
section:
``SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish an annual
employee award program to recognize Department employees or
groups of employees for significant contributions to the
achievement of the Department's goals and missions. If such a
program is established, the Secretary shall--
``(1) establish within such program categories of
awards, each with specific criteria, that emphasize
honoring employees who are at the nonsupervisory level;
``(2) publicize within the Department how any
employee or group of employees may be nominated for an
award;
``(3) establish an internal review board comprised of
representatives from Department components,
headquarters, and field personnel to submit to the
Secretary award recommendations regarding specific
employees or groups of employees;
``(4) select recipients from the pool of nominees
submitted by the internal review board under paragraph
(3) and convene a ceremony at which employees or groups
of employees receive such awards from the Secretary;
and
``(5) publicize such program within the Department.
``(b) Internal Review Board.--The internal review board
described in subsection (a)(3) shall, when carrying out its
function under such subsection, consult with representatives
from operational components and headquarters, including
supervisory and nonsupervisory personnel, and employee labor
organizations that represent Department employees.
``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the
requirements of this section or to require the Secretary to
provide monetary bonuses to recipients of an award under this
section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5402 of this Act, is further amended by inserting after
the item relating to section 711 the following new item:
``Sec. 712. Annual employee award program.''.
SEC. 5404. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall investigate whether the application in the
Department of Homeland Security of discipline and adverse
actions are administered in an equitable and consistent manner
that results in the same or substantially similar disciplinary
outcomes across the Department for misconduct by a
nonsupervisory or supervisor employee who engaged in the same
or substantially similar misconduct.
(b) Consultation.--In carrying out the investigation
described in subsection (a), the Comptroller General of the
United States shall consult with the Under Secretary for
Management of the Department of Homeland Security and the
employee engagement steering committee established pursuant to
subsection (b)(1) of section 711 of the Homeland Security Act
of 2002 (as added by section 5302(a) of this Act).
(c) Action by Under Secretary for Management.--Upon
completion of the investigation described in subsection (a),
the Under Secretary for Management of the Department of
Homeland Security shall review the findings and recommendations
of such investigation and implement a plan, in consultation
with the employee engagement steering committee established
pursuant to subsection (b)(1) of section 711 of the Homeland
Security Act of 2002, to correct any relevant deficiencies
identified by the Comptroller General of the United States in
such investigation. The Under Secretary for Management shall
direct the employee engagement steering committee to review
such plan to inform committee activities and action plans
authorized under such section 711.
SEC. 5405. IMPACTS OF SHUTDOWN.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall report to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate regarding the direct and
indirect impacts of the lapse in appropriations between
December 22, 2018, and January 25, 2019, on--
(1) Department of Homeland Security human resources
operations;
(2) the Department's ability to meet hiring
benchmarks; and
(3) retention, attrition, and morale of Department
personnel.
SEC. 5406. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY
REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of
2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and''
after the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate
advisory committees established pursuant to
section 871, including the Homeland Security
Advisory Council and the Homeland Security
Science and Technology Advisory Committee, or
otherwise established, including the Aviation
Security Advisory Committee established
pursuant to section 44946 of title 49, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on
the risk assessment required pursuant to
subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan
required to provide sufficient
resources to successfully'' and
inserting ``resources required to'';
and
(iii) by striking the semicolon at
the end and inserting the following:
``, including any resources identified
from redundant, wasteful, or
unnecessary capabilities or capacities
that may be redirected to better
support other existing capabilities or
capacities, as the case may be; and'';
(D) in paragraph (5), by striking ``; and''
and inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December
31 of the year'' and inserting ``60 days after
the date of the submission of the President's
budget for the fiscal year after the fiscal
year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and
inserting ``risk assessment of'';
(ii) in subparagraph (C), by
inserting ``, as required under
subsection (b)(2)'' before the
semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the
extent practicable,'' before
``a description''; and
(II) by striking ``budget
plan'' and inserting
``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the
extent practicable,'' before
``a discussion''; and
(II) by striking ``the status
of'';
(v) in subparagraph (G)--
(I) by inserting ``to the
extent practicable,'' before
``a discussion'';
(II) by striking ``the status
of'';
(III) by inserting ``and
risks'' before ``to national
homeland''; and
(IV) by inserting ``and''
after the semicolon at the end;
(vi) by striking subparagraph (H);
and
(vii) by redesignating subparagraph
(I) as subparagraph (H);
(C) by redesignating paragraph (3) as
paragraph (4); and
(D) by inserting after paragraph (2) the
following new paragraph:
``(3) Documentation.--The Secretary shall retain and,
upon request, provide to Congress the following
documentation regarding each quadrennial homeland
security review:
``(A) Records regarding the consultation
carried out pursuant to subsection (a)(3),
including the following:
``(i) All written communications,
including communications sent out by
the Secretary and feedback submitted to
the Secretary through technology,
online communications tools, in-person
discussions, and the interagency
process.
``(ii) Information on how feedback
received by the Secretary informed each
such quadrennial homeland security
review.
``(B) Information regarding the risk
assessment required pursuant to subsection
(c)(2)(B), including the following:
``(i) The risk model utilized to
generate such risk assessment.
``(ii) Information, including data
used in the risk model, utilized to
generate such risk assessment.
``(iii) Sources of information,
including other risk assessments,
utilized to generate such risk
assessment.
``(iv) Information on assumptions,
weighing factors, and subjective
judgments utilized to generate such
risk assessment, together with
information on the rationale or basis
thereof.'';
(4) by redesignating subsection (d) as subsection
(e); and
(5) by inserting after subsection (c) the following
new subsection:
``(d) Review.--Not later than 90 days after the submission of
each report required under subsection (c)(1), the Secretary
shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the
degree to which the findings and recommendations developed in
the quadrennial homeland security review that is the subject of
such report were integrated into the acquisition strategy and
expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to a quadrennial homeland security
review conducted after December 31, 2021.
SEC. 5407. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER
PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 5304 of this
Act, is further amended by adding at the end the following new
section:
``SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the Department
an acquisition professional career program to develop a cadre
of acquisition professionals within the Department.
``(b) Administration.--The Under Secretary for Management
shall administer the acquisition professional career program
established pursuant to subsection (a).
``(c) Program Requirements.--The Under Secretary for
Management shall carry out the following with respect to the
acquisition professional career program.
``(1) Designate the occupational series, grades, and
number of acquisition positions throughout the
Department to be included in the program and manage
centrally such positions.
``(2) Establish and publish on the Department's
website eligibility criteria for candidates to
participate in the program.
``(3) Carry out recruitment efforts to attract
candidates--
``(A) from institutions of higher education,
including such institutions with established
acquisition specialties and courses of study,
historically Black colleges and universities,
and Hispanic-serving institutions;
``(B) with diverse work experience outside of
the Federal Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated
positions under the program.
``(5) Develop a structured program comprised of
acquisition training, on-the-job experience,
Departmentwide rotations, mentorship, shadowing, and
other career development opportunities for program
participants.
``(6) Provide, beyond required training established
for program participants, additional specialized
acquisition training, including small business
contracting and innovative acquisition techniques
training.
``(d) Reports.--Not later than December 31, 2021, and
annually thereafter through 2027, the Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the acquisition
professional career program. Each such report shall include the
following information:
``(1) The number of candidates approved for the
program.
``(2) The number of candidates who commenced
participation in the program, including generalized
information on such candidates' backgrounds with
respect to education and prior work experience, but not
including personally identifiable information.
``(3) A breakdown of the number of participants hired
under the program by type of acquisition position.
``(4) A list of Department components and offices
that participated in the program and information
regarding length of time of each program participant in
each rotation at such components or offices.
``(5) Program attrition rates and postprogram
graduation retention data, including information on how
such data compare to the prior year's data, as
available.
``(6) The Department's recruiting efforts for the
program.
``(7) The Department's efforts to promote retention
of program participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term
`Hispanic-serving institution' has the meaning given
such term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
``(2) Historically black colleges and universities.--
The term `historically Black colleges and universities'
has the meaning given the term `part B institution' in
section 322(2) of Higher Education Act of 1965 (20
U.S.C. 1061(2)).
``(3) 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).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5403 of this Act, is further amended by inserting after
the item relating to section 712 the following new item:
``Sec. 713. Acquisition professional career program.''.
SEC. 5408. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following new section:
``SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the
laboratory described in subsection (b) as an additional
laboratory pursuant to the authority under section 308(c)(2).
Such laboratory shall be used to test and evaluate emerging
technologies and conduct research and development to assist
emergency response providers in preparing for, and protecting
against, threats of terrorism.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory--
``(1) known, as of the date of the enactment of this
section, as the National Urban Security Technology
Laboratory; and
``(2) transferred to the Department pursuant to
section 303(1)(E).
``(c) Laboratory Activities.--The National Urban Security
Technology Laboratory shall--
``(1) conduct tests, evaluations, and assessments of
current and emerging technologies, including, as
appropriate, the cybersecurity of such technologies
that can connect to the internet, for emergency
response providers;
``(2) act as a technical advisor to emergency
response providers; and
``(3) carry out other such activities as the
Secretary determines appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass Destruction
Office of the Department.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5407 of this Act, is further amended by inserting after
the item relating to section 321 the following new item:
``Sec. 322. National Urban Security Technology Laboratory.''.
SEC. 5409. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN ENHANCEMENT.
Section 434 of the Homeland Security Act of 2002 (6 U.S.C.
242) is amended--
(1) in subsection (e)(6), by striking ``utilizing
resources,'' and inserting ``developing and utilizing,
in consultation with the Advisory Board established
pursuant to subsection (g), resources''; and
(2) by adding at the end the following new
subsections:
``(f) Web-Based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall develop
web-based interactive training videos that utilize a learning
management system to provide online training opportunities that
shall be made available to the following individuals:
``(1) Federal, State, local, Tribal, and territorial
law enforcement officers.
``(2) Non-Federal correction system personnel.
``(3) Such other individuals as the Director
determines appropriate.
``(g) Blue Campaign Advisory Board.--
``(1) In general.--The Secretary shall establish
within the Department a Blue Campaign Advisory Board
and shall assign to such Board a representative from
each of the following components:
``(A) The Transportation Security
Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs
Enforcement.
``(D) The Federal Law Enforcement Training
Center.
``(E) The United States Secret Service.
``(F) The Office for Civil Rights and Civil
Liberties.
``(G) The Privacy Office.
``(H) Any other components or offices the
Secretary determines appropriate.
``(2) Charter.--The Secretary is authorized to issue
a charter for the Board, and such charter shall specify
the following:
``(A) The Board's mission, goals, and scope
of its activities.
``(B) The duties of the Board's
representatives.
``(C) The frequency of the Board's meetings.
``(3) Consultation.--The Director shall consult the
Board established pursuant to paragraph (1) regarding
the following:
``(A) Recruitment tactics used by human
traffickers to inform the development of
training and materials by the Blue Campaign.
``(B) The development of effective awareness
tools for distribution to Federal and non-
Federal officials to identify and prevent
instances of human trafficking.
``(C) Identification of additional persons or
entities that may be uniquely positioned to
recognize signs of human trafficking and the
development of materials for such persons.
``(4) Applicability.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to--
``(A) the Board; or
``(B) consultations under paragraph (2).
``(h) Consultation.--With regard to the development of
programs under the Blue Campaign and the implementation of such
programs, the Director is authorized to consult with State,
local, Tribal, and territorial agencies, nongovernmental
organizations, private sector organizations, and experts. Such
consultation shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).''.
SEC. 5410. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
``SEC. 890B. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department
a mentor-protege program (in this section referred to as the
`Program') under which a mentor firm enters into an agreement
with a protege firm for the purpose of assisting the protege
firm to compete for prime contracts and subcontracts of the
Department.
``(b) Eligibility.--The Secretary shall establish criteria
for mentor firms and protege firms to be eligible to
participate in the Program, including a requirement that a firm
is not included on any list maintained by the Federal
Government of contractors that have been suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization
of the Department, shall establish a process for
submission of an application jointly by a mentor firm
and the protege firm selected by the mentor firm. The
application shall include each of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the
extent available, the number and a brief
description of each anticipated subcontract to
be awarded to the protege firm.
``(B) A schedule with milestones for
achieving the assistance to be provided over
the period of participation in the Program.
``(C) An estimate of the costs to be incurred
by the mentor firm for providing assistance
under the Program.
``(D) Attestations that Program participants
will submit to the Secretary reports at times
specified by the Secretary to assist the
Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants
will inform the Secretary in the event of a
change in eligibility or voluntary withdrawal
from the Program.
``(2) Approval.--Not later than 60 days after receipt
of an application pursuant to paragraph (1), the head
of the Office of Small and Disadvantaged Business
Utilization shall notify applicants of approval or, in
the case of disapproval, the process for resubmitting
an application for reconsideration.
``(3) Rescission.--The head of the Office of Small
and Disadvantaged Business Utilization may rescind the
approval of an application under this subsection if it
determines that such action is in the best interest of
the Department.
``(d) Program Duration.--A mentor firm and protege firm
approved under subsection (c) shall enter into an agreement to
participate in the Program for a period of not less than 36
months.
``(e) Program Benefits.--A mentor firm and protege firm that
enter into an agreement under subsection (d) may receive the
following Program benefits:
``(1) With respect to an award of a contract that
requires a subcontracting plan, a mentor firm may
receive evaluation credit for participating in the
Program.
``(2) With respect to an award of a contract that
requires a subcontracting plan, a mentor firm may
receive credit for a protege firm performing as a
first-tier subcontractor or a subcontractor at any tier
in an amount equal to the total dollar value of any
subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical,
managerial, financial, or any other mutually agreed
upon benefit from a mentor firm, including a
subcontract award.
``(f) Reporting.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the head of
the Office of Small and Disadvantaged Business Utilization
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Homeland
Security and the Committee on Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm
and a protege firm entered into under this section,
including the number of protege firm participants that
are--
``(A) small business concerns;
``(B) small business concerns owned and
controlled by veterans;
``(C) small business concerns owned and
controlled by service-disabled veterans;
``(D) qualified HUBZone small business
concerns;
``(E) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
``(F) small business concerns owned and
controlled by women;
``(G) historically Black colleges and
universities; and
``(H) minority institutions of higher
education;
``(2) describes the type of assistance provided by
mentor firms to protege firms;
``(3) identifies contracts within the Department in
which a mentor firm serving as the prime contractor
provided subcontracts to a protege firm under the
Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical
capabilities of protege firms; and
``(B) an increase in the quantity and
estimated value of prime contract and
subcontract awards to protege firms for the
period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the
authority of the Department to participate in any program
carried out by or requiring approval of the Small Business
Administration or adopt or follow any regulation or policy that
the Administrator of the Small Business Administration may
promulgate, except that, to the extent that any provision of
this section (including subsection (h)) conflicts with any
other provision of law, regulation, or policy, this section
shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The
term `historically Black college or university' means
any of the historically Black colleges and universities
referred to in section 2323 of title 10, United States
Code, as in effect on March 1, 2018.
``(2) Mentor firm.--The term `mentor firm' means a
for-profit business concern that is not a small
business concern that--
``(A) has the ability to assist and commits
to assisting a protege firm to compete for
Federal prime contracts and subcontracts; and
``(B) satisfies any other requirements
imposed by the Secretary.
``(3) Minority institution of higher education.--The
term `minority institution of higher education' means
an institution of higher education with a student body
that reflects the composition specified in section
312(b) of the Higher Education Act of 1965 (20 U.S.C.
1058(b)).
``(4) Protege firm.--The term `protege firm' means a
small business concern, a historically Black college or
university, or a minority institution of higher
education that--
``(A) is eligible to enter into a prime
contract or subcontract with the Department;
and
``(B) satisfies any other requirements
imposed by the Secretary.
``(5) Small business act definitions.--The terms
`small business concern', `small business concern owned
and controlled by veterans', `small business concern
owned and controlled by service-disabled veterans',
`qualified HUBZone small business concern', and `small
business concern owned and controlled by women' have
the meanings given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632).
The term `small business concern owned and controlled
by socially and economically disadvantaged individuals'
has the meaning given such term in section 8(d)(3)(C)
of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5408 of this Act, is further amended by inserting after
the item relating to section 890A the following new item:
``Sec. 890B. Mentor-protege program.''.
SEC. 5411. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Subtitle C of title XIX of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by
adding at the end the following new section:
``SEC. 1932. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for the Department's employees and working animals
in the event of a chemical, biological, radiological, nuclear,
or explosives attack, naturally occurring disease outbreak, or
pandemic, and to support Department mission continuity.
``(b) Oversight.--The Chief Medical Officer of the Department
shall provide programmatic oversight of the medical
countermeasures program established pursuant to subsection (a),
and shall--
``(1) develop Departmentwide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical
countermeasures, including antibiotics, antivirals, and
radiological countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures
in strategic locations nationwide, based on threat and
employee density, in accordance with applicable Federal
statutes and regulations;
``(4) provide oversight and guidance regarding the
dispensing of stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of
medical countermeasures in a chemical, biological,
radiological, nuclear, or explosives attack, naturally
occurring disease outbreak, or pandemic;
``(6) provide training to Department employees on
medical countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief
Medical Officer shall establish a medical countermeasures
working group comprised of representatives from appropriate
components and offices of the Department to ensure that medical
countermeasures standards are maintained and guidance is
consistent.
``(d) Medical Countermeasures Management.--Not later than 120
days after the date of the enactment of this section, the Chief
Medical Officer shall develop and submit to the Secretary an
integrated logistics support plan for medical countermeasures,
including--
``(1) a methodology for determining the ideal types
and quantities of medical countermeasures to stockpile
and how frequently such methodology shall be
reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and
reconciliation procedures for existing stockpiles and
new medical countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and
quantities of medical countermeasures to stockpile under
subsection (d), the Chief Medical Officer shall utilize, if
available--
``(1) Department chemical, biological, radiological,
and nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention
guidance on medical countermeasures.
``(f) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate the plan developed in accordance with subsection
(d) and brief such Committees regarding implementing the
requirements of this section.
``(g) Definition.--In this section, the term `medical
countermeasures' means antibiotics, antivirals, radiological
countermeasures, and other countermeasures that may be deployed
to protect the Department's employees and working animals in
the event of a chemical, biological, radiological, nuclear, or
explosives attack, naturally occurring disease outbreak, or
pandemic.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5410 of this Act, is further amended by inserting after
the item relating to section 1931 the following new item:
``Sec. 1932. Medical countermeasures.''.
SEC. 5412. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.), as amended by
section 5310 of this Act, is further amended by adding at the
end the following new section:
``SEC. 890C. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is
authorized to conduct research and development to--
``(A) identify United States critical domains
for economic security and homeland security;
and
``(B) evaluate the extent to which
disruption, corruption, exploitation, or
dysfunction of any of such domain poses a
substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The
research under paragraph (1) shall include a
risk analysis of each identified United States
critical domain for economic security to
determine the degree to which there exists a
present or future threat to homeland security
in the event of disruption, corruption,
exploitation, or dysfunction to such domain.
Such research shall consider, to the extent
possible, the following:
``(i) The vulnerability and
resilience of relevant supply chains.
``(ii) Foreign production,
processing, and manufacturing methods.
``(iii) Influence of malign economic
actors.
``(iv) Asset ownership.
``(v) Relationships within the supply
chains of such domains.
``(vi) The degree to which the
conditions referred to in clauses (i)
through (v) would place such a domain
at risk of disruption, corruption,
exploitation, or dysfunction.
``(B) Additional research into high-risk
critical domains.--Based on the identification
and risk analysis of United States critical
domains for economic security pursuant to
paragraph (1) and subparagraph (A) of this
paragraph, respectively, the Secretary may
conduct additional research into those critical
domains, or specific elements thereof, with
respect to which there exists the highest
degree of a present or future threat to
homeland security in the event of disruption,
corruption, exploitation, or dysfunction to
such a domain. For each such high-risk domain,
or element thereof, such research shall--
``(i) describe the underlying
infrastructure and processes;
``(ii) analyze present and projected
performance of industries that comprise
or support such domain;
``(iii) examine the extent to which
the supply chain of a product or
service necessary to such domain is
concentrated, either through a small
number of sources, or if multiple
sources are concentrated in one
geographic area;
``(iv) examine the extent to which
the demand for supplies of goods and
services of such industries can be
fulfilled by present and projected
performance of other industries,
identify strategies, plans, and
potential barriers to expand the
supplier industrial base, and identify
the barriers to the participation of
such other industries;
``(v) consider each such domain's
performance capacities in stable
economic environments, adversarial
supply conditions, and under crisis
economic constraints;
``(vi) identify and define needs and
requirements to establish supply
resiliency within each such domain; and
``(vii) consider the effects of
sector consolidation, including foreign
consolidation, either through mergers
or acquisitions, or due to recent
geographic realignment, on such
industries' performances.
``(3) Consultation.--In conducting the research under
paragraph (1) and subparagraph (B) of paragraph (2),
the Secretary may consult with appropriate Federal
agencies, State agencies, and private sector
stakeholders.
``(4) Publication.--Beginning one year after the date
of the enactment of this section, the Secretary shall
publish a report containing information relating to the
research under paragraph (1) and subparagraph (B) of
paragraph (2), including findings, evidence, analysis,
and recommendations. Such report shall be updated
annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after
the publication of each report required under paragraph (4) of
subsection (a), the Secretary shall transmit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate each such report, together with a description of actions
the Secretary, in consultation with appropriate Federal
agencies, will undertake or has undertaken in response to each
such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic
security.--The term `United States critical domains for
economic security' means the critical infrastructure
and other associated industries, technologies, and
intellectual property, or any combination thereof, that
are essential to the economic security of the United
States.
``(2) Economic security.--The term `economic
security' means the condition of having secure and
resilient domestic production capacity, combined with
reliable access to the global resources necessary to
maintain an acceptable standard of living and to
protect core national values.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of fiscal years 2022
through 2026 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5411 of this Act, is further amended by inserting after
the item relating to section 890B the following new item:
``Sec. 890C. Homeland security critical domain research and
development.''.
Subtitle B--Cybersecurity
SEC. 5421. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.
(a) Technical Amendments.--
(1) Homeland security act of 2002.--Subtitle A of
title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended--
(A) in the first section 2215 (6 U.S.C. 665;
relating to the duties and authorities relating
to .gov internet domain), by amending the
section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(B) in the second section 2215 (6 U.S.C.
665b; relating to the joint cyber planning
office), by amending the section enumerator and
heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(C) in the third section 2215 (6 U.S.C. 665c;
relating to the Cybersecurity State
Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(D) in the fourth section 2215 (6 U.S.C.
665d; relating to Sector Risk Management
Agencies), by amending the section enumerator
and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(E) in section 2216 (6 U.S.C. 665e; relating
to the Cybersecurity Advisory Committee), by
amending the section enumerator and heading to
read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(F) in section 2217 (6 U.S.C. 665f; relating
to Cybersecurity Education and Training
Programs), by amending the section enumerator
and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.
(2) Consolidated appropriations act, 2021.--Paragraph
(1) of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is
amended, in the matter preceding subparagraph (A), by
inserting ``of 2002'' after ``Homeland Security Act''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.''.
SEC. 5422. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by
section 5321 of this Act, is further amended by adding at the
end the following new sections:
``SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section
102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(2) Cybersecurity plan.--The term `Cybersecurity
Plan' means a plan submitted by an eligible entity
under subsection (e)(1).
``(3) Eligible entity.--The term `eligible entity'
means--
``(A) a State; or
``(B) an Indian Tribe that, not later than
120 days after the date of the enactment of
this section or not later than 120 days before
the start of any fiscal year in which a grant
under this section is awarded--
``(i) notifies the Secretary that the
Indian Tribe intends to develop a
Cybersecurity Plan; and
``(ii) agrees to forfeit any
distribution under subsection (n)(2).
``(4) Incident.--The term `incident' has the meaning
given the term in section 2209.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4(e) of the of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304(e)).
``(6) Information sharing and analysis
organization.--The term `information sharing and
analysis organization' has the meaning given the term
in section 2222.
``(7) Information system.--The term `information
system' has the meaning given the term in section 102
of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(8) Online service.--The term `online service'
means any internet-facing service, including a website,
email, virtual private network, or custom application.
``(9) Ransomware incident.--The term `ransomware
incident' means an incident 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 for the purpose of coercing the information
system's owner, operator, or another person.
``(10) State and local cybersecurity grant program.--
The term `State and Local Cybersecurity Grant Program'
means the program established under subsection (b).
``(11) State and local cybersecurity resilience
committee.--The term `State and Local Cybersecurity
Resilience Committee' means the committee established
under subsection (o)(1).
``(12) Tribal organization.--The term `Tribal
organization' has the meaning given such term in
section 4(l) of the of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(l)).
``(b) Establishment.--
``(1) In general.--The Secretary, acting through the
Director, shall establish a program, to be known as the
`the State and Local Cybersecurity Grant Program', to
award grants to eligible entities to address
cybersecurity risks and cybersecurity threats to
information systems of State, local, or Tribal
organizations.
``(2) Application.--An eligible entity seeking a
grant under the State and Local Cybersecurity Grant
Program shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require.
``(c) Baseline Requirements.--An eligible entity or
multistate group that receives a grant under this section shall
use the grant in compliance with--
``(1)(A) the Cybersecurity Plan of the eligible
entity or the Cybersecurity Plans of the eligible
entities that comprise the multistate group; and
``(B) the Homeland Security Strategy to Improve the
Cybersecurity of State, Local, Tribal, and Territorial
Governments developed under section 2210(e)(1); or
``(2) activities carried out under paragraphs (3),
(4), and (5) of subsection (h).
``(d) Administration.--The State and Local Cybersecurity
Grant Program shall be administered in the same office of the
Department that administers grants made under sections 2003 and
2004.
``(e) Cybersecurity Plans.--
``(1) In general.--An eligible entity applying for a
grant under this section shall submit to the Secretary
a Cybersecurity Plan for approval.
``(2) Required elements.--A Cybersecurity Plan of an
eligible entity shall--
``(A) incorporate, to the extent practicable,
any existing plans of the eligible entity to
protect against cybersecurity risks and
cybersecurity threats to information systems of
State, local, or Tribal organizations;
``(B) describe, to the extent practicable,
how the eligible entity will--
``(i) manage, monitor, and track
information systems, applications, and
user accounts owned or operated by or
on behalf of the eligible entity or by
local or Tribal organizations within
the jurisdiction of the eligible entity
and the information technology deployed
on those information systems, including
legacy information systems and
information technology that are no
longer supported by the manufacturer of
the systems or technology;
``(ii) monitor, audit, and track
activity between information systems,
applications, and user accounts owned
or operated by or on behalf of the
eligible entity or by local or Tribal
organizations within the jurisdiction
of the eligible entity and between
those information systems and
information systems not owned or
operated by the eligible entity or by
local or Tribal organizations within
the jurisdiction of the eligible
entity;
``(iii) enhance the preparation,
response, and resilience of information
systems, applications, and user
accounts owned or operated by or on
behalf of the eligible entity or local
or Tribal organizations against
cybersecurity risks and cybersecurity
threats;
``(iv) implement a process of
continuous cybersecurity vulnerability
assessments and threat mitigation
practices prioritized by degree of risk
to address cybersecurity risks and
cybersecurity threats on information
systems of the eligible entity or local
or Tribal organizations;
``(v) ensure that State, local, and
Tribal organizations that own or
operate information systems that are
located within the jurisdiction of the
eligible entity--
``(I) adopt best practices
and methodologies to enhance
cybersecurity, such as the
practices set forth in the
cybersecurity framework
developed by, and the cyber
supply chain risk management
best practices identified by,
the National Institute of
Standards and Technology; and
``(II) utilize knowledge
bases of adversary tools and
tactics to assess risk;
``(vi) promote the delivery of safe,
recognizable, and trustworthy online
services by State, local, and Tribal
organizations, including through the
use of the .gov internet domain;
``(vii) ensure continuity of
operations of the eligible entity and
local, and Tribal organizations in the
event of a cybersecurity incident
(including a ransomware incident),
including by conducting exercises to
practice responding to such an
incident;
``(viii) use the National Initiative
for Cybersecurity Education
Cybersecurity Workforce Framework
developed by the National Institute of
Standards and Technology to identify
and mitigate any gaps in the
cybersecurity workforces of State,
local, or Tribal organizations, enhance
recruitment and retention efforts for
such workforces, and bolster the
knowledge, skills, and abilities of
State, local, and Tribal organization
personnel to address cybersecurity
risks and cybersecurity threats, such
as through cybersecurity hygiene
training;
``(ix) ensure continuity of
communications and data networks within
the jurisdiction of the eligible entity
between the eligible entity and local
and Tribal organizations that own or
operate information systems within the
jurisdiction of the eligible entity in
the event of an incident involving such
communications or data networks within
the jurisdiction of the eligible
entity;
``(x) assess and mitigate, to the
greatest degree possible, cybersecurity
risks and cybersecurity threats related
to critical infrastructure and key
resources, the degradation of which may
impact the performance of information
systems within the jurisdiction of the
eligible entity;
``(xi) enhance capabilities to share
cyber threat indicators and related
information between the eligible entity
and local and Tribal organizations that
own or operate information systems
within the jurisdiction of the eligible
entity, including by expanding existing
information-sharing agreements with the
Department;
``(xii) enhance the capability of the
eligible entity to share cyber threat
indictors and related information with
the Department;
``(xiii) leverage cybersecurity
services offered by the Department;
``(xiv) develop and coordinate
strategies to address cybersecurity
risks and cybersecurity threats to
information systems of the eligible
entity in consultation with--
``(I) local and Tribal
organizations within the
jurisdiction of the eligible
entity; and
``(II) as applicable--
``(aa) States that
neighbor the
jurisdiction of the
eligible entity or, as
appropriate, members of
an information sharing
and analysis
organization; and
``(bb) countries that
neighbor the
jurisdiction of the
eligible entity; and
``(xv) implement an information
technology and operational technology
modernization cybersecurity review
process that ensures alignment between
information technology and operational
technology cybersecurity objectives;
``(C) describe, to the extent practicable,
the individual responsibilities of the eligible
entity and local and Tribal organizations
within the jurisdiction of the eligible entity
in implementing the plan;
``(D) outline, to the extent practicable, the
necessary resources and a timeline for
implementing the plan; and
``(E) describe how the eligible entity will
measure progress toward implementing the plan.
``(3) Discretionary elements.--A Cybersecurity Plan
of an eligible entity may include a description of--
``(A) cooperative programs developed by
groups of local and Tribal organizations within
the jurisdiction of the eligible entity to
address cybersecurity risks and cybersecurity
threats; and
``(B) programs provided by the eligible
entity to support local and Tribal
organizations and owners and operators of
critical infrastructure to address
cybersecurity risks and cybersecurity threats.
``(4) Management of funds.--An eligible entity
applying for a grant under this section shall agree to
designate the Chief Information Officer, the Chief
Information Security Officer, or an equivalent official
of the eligible entity as the primary official for the
management and allocation of funds awarded under this
section.
``(f) Multistate Grants.--
``(1) In general.--The Secretary, acting through the
Director, may award grants under this section to a
group of two or more eligible entities to support
multistate efforts to address cybersecurity risks and
cybersecurity threats to information systems within the
jurisdictions of the eligible entities.
``(2) Satisfaction of other requirements.--In order
to be eligible for a multistate grant under this
subsection, each eligible entity that comprises a
multistate group shall submit to the Secretary--
``(A) a Cybersecurity Plan for approval in
accordance with subsection (i); and
``(B) a plan for establishing a cybersecurity
planning committee under subsection (g).
``(3) Application.--
``(A) In general.--A multistate group
applying for a multistate grant under paragraph
(1) shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require.
``(B) Multistate project description.--An
application of a multistate group under
subparagraph (A) shall include a plan
describing--
``(i) the division of
responsibilities among the eligible
entities that comprise the multistate
group for administering the grant for
which application is being made;
``(ii) the distribution of funding
from such a grant among the eligible
entities that comprise the multistate
group; and
``(iii) how the eligible entities
that comprise the multistate group will
work together to implement the
Cybersecurity Plan of each of those
eligible entities.
``(g) Planning Committees.--
``(1) In general.--An eligible entity that receives a
grant under this section shall establish a
cybersecurity planning committee to--
``(A) assist in the development,
implementation, and revision of the
Cybersecurity Plan of the eligible entity;
``(B) approve the Cybersecurity Plan of the
eligible entity; and
``(C) assist in the determination of
effective funding priorities for a grant under
this section in accordance with subsection (h).
``(2) Composition.--A committee of an eligible entity
established under paragraph (1) shall--
``(A) be comprised of representatives from
the eligible entity and counties, cities,
towns, Tribes, and public educational and
health institutions within the jurisdiction of
the eligible entity; and
``(B) include, as appropriate,
representatives of rural, suburban, and high-
population jurisdictions.
``(3) Cybersecurity expertise.--Not less than one-
half of the representatives of a committee established
under paragraph (1) shall have professional experience
relating to cybersecurity or information technology.
``(4) Rule of construction regarding existing
planning committees.--Nothing in this subsection may be
construed to require an eligible entity to establish a
cybersecurity planning committee if the eligible entity
has established and uses a multijurisdictional planning
committee or commission that meets, or may be leveraged
to meet, the requirements of this subsection.
``(h) Use of Funds.--An eligible entity that receives a grant
under this section shall use the grant to--
``(1) implement the Cybersecurity Plan of the
eligible entity;
``(2) develop or revise the Cybersecurity Plan of the
eligible entity; or
``(3) assist with activities that address imminent
cybersecurity risks or cybersecurity threats to the
information systems of the eligible entity or a local
or Tribal organization within the jurisdiction of the
eligible entity.
``(i) Approval of Plans.--
``(1) Approval as condition of grant.--Before an
eligible entity may receive a grant under this section,
the Secretary, acting through the Director, shall
review the Cybersecurity Plan, or any revisions
thereto, of the eligible entity and approve such plan,
or revised plan, if it satisfies the requirements
specified in paragraph (2).
``(2) Plan requirements.--In approving a
Cybersecurity Plan of an eligible entity under this
subsection, the Director shall ensure that the
Cybersecurity Plan--
``(A) satisfies the requirements of
subsection (e)(2);
``(B) upon the issuance of the Homeland
Security Strategy to Improve the Cybersecurity
of State, Local, Tribal, and Territorial
Governments authorized pursuant to section
2210(e), complies, as appropriate, with the
goals and objectives of the strategy; and
``(C) has been approved by the cybersecurity
planning committee of the eligible entity
established under subsection (g).
``(3) Approval of revisions.--The Secretary, acting
through the Director, may approve revisions to a
Cybersecurity Plan as the Director determines
appropriate.
``(4) Exception.--Notwithstanding subsection (e) and
paragraph (1) of this subsection, the Secretary may
award a grant under this section to an eligible entity
that does not submit a Cybersecurity Plan to the
Secretary if--
``(A) the eligible entity certifies to the
Secretary that--
``(i) the activities that will be
supported by the grant are integral to
the development of the Cybersecurity
Plan of the eligible entity; and
``(ii) the eligible entity will
submit by September 30, 2023, to the
Secretary, a Cybersecurity Plan for
review, and if appropriate, approval;
or
``(B) the eligible entity certifies to the
Secretary, and the Director confirms, that the
eligible entity will use funds from the grant
to assist with the activities described in
subsection (h)(3).
``(j) Limitations on Uses of Funds.--
``(1) In general.--An eligible entity that receives a
grant under this section may not use the grant--
``(A) to supplant State, local, or Tribal
funds;
``(B) for any recipient cost-sharing
contribution;
``(C) to pay a demand for ransom in an
attempt to--
``(i) regain access to information or
an information system of the eligible
entity or of a local or Tribal
organization within the jurisdiction of
the eligible entity; or
``(ii) prevent the disclosure of
information that has been removed
without authorization from an
information system of the eligible
entity or of a local or Tribal
organization within the jurisdiction of
the eligible entity;
``(D) for recreational or social purposes; or
``(E) for any purpose that does not address
cybersecurity risks or cybersecurity threats on
information systems of the eligible entity or
of a local or Tribal organization within the
jurisdiction of the eligible entity.
``(2) Penalties.--In addition to any other remedy
available, the Secretary may take such actions as are
necessary to ensure that a recipient of a grant under
this section uses the grant for the purposes for which
the grant is awarded.
``(3) Rule of construction.--Nothing in paragraph (1)
may be construed to prohibit the use of grant funds
provided to a State, local, or Tribal organization for
otherwise permissible uses under this section on the
basis that a State, local, or Tribal organization has
previously used State, local, or Tribal funds to
support the same or similar uses.
``(k) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Secretary shall
provide applicants with a reasonable opportunity to correct
defects, if any, in such applications before making final
awards.
``(l) Apportionment.--For fiscal year 2022 and each fiscal
year thereafter, the Secretary shall apportion amounts
appropriated to carry out this section among States as follows:
``(1) Baseline amount.--The Secretary shall first
apportion 0.25 percent of such amounts to each of
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, the United States Virgin
Islands, and 0.75 percent of such amounts to each of
the remaining States.
``(2) Remainder.--The Secretary shall apportion the
remainder of such amounts in the ratio that--
``(A) the population of each eligible entity,
bears to
``(B) the population of all eligible
entities.
``(3) Minimum allocation to indian tribes.--
``(A) In general.--In apportioning amounts
under this section, the Secretary shall ensure
that, for each fiscal year, directly eligible
Tribes collectively receive, from amounts
appropriated under the State and Local
Cybersecurity Grant Program, not less than an
amount equal to three percent of the total
amount appropriated for grants under this
section.
``(B) Allocation.--Of the amount reserved
under subparagraph (A), funds shall be
allocated in a manner determined by the
Secretary in consultation with Indian Tribes.
``(C) Exception.--This paragraph shall not
apply in any fiscal year in which the
Secretary--
``(i) receives fewer than five
applications from Indian Tribes; or
``(ii) does not approve at least two
applications from Indian Tribes.
``(m) Federal Share.--
``(1) In general.--The Federal share of the cost of
an activity carried out using funds made available with
a grant under this section may not exceed--
``(A) in the case of a grant to an eligible
entity--
``(i) for fiscal year 2022, 90
percent;
``(ii) for fiscal year 2023, 80
percent;
``(iii) for fiscal year 2024, 70
percent;
``(iv) for fiscal year 2025, 60
percent; and
``(v) for fiscal year 2026 and each
subsequent fiscal year, 50 percent; and
``(B) in the case of a grant to a multistate
group--
``(i) for fiscal year 2022, 95
percent;
``(ii) for fiscal year 2023, 85
percent;
``(iii) for fiscal year 2024, 75
percent;
``(iv) for fiscal year 2025, 65
percent; and
``(v) for fiscal year 2026 and each
subsequent fiscal year, 55 percent.
``(2) Waiver.--The Secretary may waive or modify the
requirements of paragraph (1) for an Indian Tribe if
the Secretary determines such a waiver is in the public
interest.
``(n) Responsibilities of Grantees.--
``(1) Certification.--Each eligible entity or
multistate group that receives a grant under this
section shall certify to the Secretary that the grant
will be used--
``(A) for the purpose for which the grant is
awarded; and
``(B) in compliance with, as the case may
be--
``(i) the Cybersecurity Plan of the
eligible entity;
``(ii) the Cybersecurity Plans of the
eligible entities that comprise the
multistate group; or
``(iii) a purpose approved by the
Secretary under subsection (h) or
pursuant to an exception under
subsection (i).
``(2) Availability of funds to local and tribal
organizations.--Not later than 45 days after the date
on which an eligible entity or multistate group
receives a grant under this section, the eligible
entity or multistate group shall, without imposing
unreasonable or unduly burdensome requirements as a
condition of receipt, obligate or otherwise make
available to local and Tribal organizations within the
jurisdiction of the eligible entity or the eligible
entities that comprise the multistate group, and as
applicable, consistent with the Cybersecurity Plan of
the eligible entity or the Cybersecurity Plans of the
eligible entities that comprise the multistate group--
``(A) not less than 80 percent of funds
available under the grant;
``(B) with the consent of the local and
Tribal organizations, items, services,
capabilities, or activities having a value of
not less than 80 percent of the amount of the
grant; or
``(C) with the consent of the local and
Tribal organizations, grant funds combined with
other items, services, capabilities, or
activities having the total value of not less
than 80 percent of the amount of the grant.
``(3) Certifications regarding distribution of grant
funds to local and tribal organizations.--An eligible
entity or multistate group shall certify to the
Secretary that the eligible entity or multistate group
has made the distribution to local, Tribal, and
territorial governments required under paragraph (2).
``(4) Extension of period.--
``(A) In general.--An eligible entity or
multistate group may request in writing that
the Secretary extend the period of time
specified in paragraph (2) for an additional
period of time.
``(B) Approval.--The Secretary may approve a
request for an extension under subparagraph (A)
if the Secretary determines the extension is
necessary to ensure that the obligation and
expenditure of grant funds align with the
purpose of the State and Local Cybersecurity
Grant Program.
``(5) Exception.--Paragraph (2) shall not apply to
the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, the United States Virgin
Islands, or an Indian Tribe.
``(6) Direct funding.--If an eligible entity does not
make a distribution to a local or Tribal organization
required in accordance with paragraph (2), the local or
Tribal organization may petition the Secretary to
request that grant funds be provided directly to the
local or Tribal organization.
``(7) Penalties.--In addition to other remedies
available to the Secretary, the Secretary may terminate
or reduce the amount of a grant awarded under this
section to an eligible entity or distribute grant funds
previously awarded to such eligible entity directly to
the appropriate local or Tribal organization as a
replacement grant in an amount the Secretary determines
appropriate if such eligible entity violates a
requirement of this subsection.
``(o) Advisory Committee.--
``(1) Establishment.--Not later than 120 days after
the date of enactment of this section, the Director
shall establish a State and Local Cybersecurity
Resilience Committee to provide State, local, and
Tribal stakeholder expertise, situational awareness,
and recommendations to the Director, as appropriate,
regarding how to--
``(A) address cybersecurity risks and
cybersecurity threats to information systems of
State, local, or Tribal organizations; and
``(B) improve the ability of State, local,
and Tribal organizations to prevent, protect
against, respond to, mitigate, and recover from
such cybersecurity risks and cybersecurity
threats.
``(2) Duties.--The committee established under
paragraph (1) shall--
``(A) submit to the Director recommendations
that may inform guidance for applicants for
grants under this section;
``(B) upon the request of the Director,
provide to the Director technical assistance to
inform the review of Cybersecurity Plans
submitted by applicants for grants under this
section, and, as appropriate, submit to the
Director recommendations to improve those plans
prior to the approval of the plans under
subsection (i);
``(C) advise and provide to the Director
input regarding the Homeland Security Strategy
to Improve Cybersecurity for State, Local,
Tribal, and Territorial Governments required
under section 2210;
``(D) upon the request of the Director,
provide to the Director recommendations, as
appropriate, regarding how to--
``(i) address cybersecurity risks and
cybersecurity threats on information
systems of State, local, or Tribal
organizations; and
``(ii) improve the cybersecurity
resilience of State, local, or Tribal
organizations; and
``(E) regularly coordinate with the State,
Local, Tribal and Territorial Government
Coordinating Council, within the Critical
Infrastructure Partnership Advisory Council,
established under section 871.
``(3) Membership.--
``(A) Number and appointment.--The State and
Local Cybersecurity Resilience Committee
established pursuant to paragraph (1) shall be
composed of 15 members appointed by the
Director, as follows:
``(i) Two individuals recommended to
the Director by the National Governors
Association.
``(ii) Two individuals recommended to
the Director by the National
Association of State Chief Information
Officers.
``(iii) One individual recommended to
the Director by the National Guard
Bureau.
``(iv) Two individuals recommended to
the Director by the National
Association of Counties.
``(v) One individual recommended to
the Director by the National League of
Cities.
``(vi) One individual recommended to
the Director by the United States
Conference of Mayors.
``(vii) One individual recommended to
the Director by the Multi-State
Information Sharing and Analysis
Center.
``(viii) One individual recommended
to the Director by the National
Congress of American Indians.
``(viii) Four individuals who have
educational and professional experience
relating to cybersecurity work or
cybersecurity policy.
``(B) Terms.--
``(i) In general.--Subject to clause
(ii), each member of the State and
Local Cybersecurity Resilience
Committee shall be appointed for a term
of two years.
``(ii) Requirement.--At least two
members of the State and Local
Cybersecurity Resilience Committee
shall also be members of the State,
Local, Tribal and Territorial
Government Coordinating Council, within
the Critical Infrastructure Partnership
Advisory Council, established under
section 871.
``(iii) Exception.--A term of a
member of the State and Local
Cybersecurity Resilience Committee
shall be three years if the member is
appointed initially to the Committee
upon the establishment of the
Committee.
``(iv) Term remainders.--Any member
of the State and Local Cybersecurity
Resilience Committee appointed to fill
a vacancy occurring before the
expiration of the term for which the
member's predecessor was appointed
shall be appointed only for the
remainder of such term. A member may
serve after the expiration of such
member's term until a successor has
taken office.
``(v) Vacancies.--A vacancy in the
State and Local Cybersecurity
Resilience Committee shall be filled in
the manner in which the original
appointment was made.
``(C) Pay.--Members of the State and Local
Cybersecurity Resilience Committee shall serve
without pay.
``(4) Chairperson; vice chairperson.--The members of
the State and Local Cybersecurity Resilience Committee
shall select a chairperson and vice chairperson from
among members of the committee.
``(5) Permanent authority.--Notwithstanding section
14 of the Federal Advisory Committee Act (5 U.S.C.
App.), the State and Local Cybersecurity Resilience
Committee shall be a permanent authority.
``(p) Reports.--
``(1) Annual reports by grant recipients.--
``(A) In general.--Not later than one year
after an eligible entity or multistate group
receives funds under this section, the eligible
entity or multistate group shall submit to the
Secretary a report on the progress of the
eligible entity or multistate group in
implementing the Cybersecurity Plan of the
eligible entity or Cybersecurity Plans of the
eligible entities that comprise the multistate
group, as the case may be.
``(B) Absence of plan.--Not later than 180
days after an eligible entity that does not
have a Cybersecurity Plan receives funds under
this section for developing its Cybersecurity
Plan, the eligible entity shall submit to the
Secretary a report describing how the eligible
entity obligated and expended grant funds
during the fiscal year to--
``(i) so develop such a Cybersecurity
Plan; or
``(ii) assist with the activities
described in subsection (h)(3).
``(2) Annual reports to congress.--Not less
frequently than once per year, the Secretary, acting
through the Director, shall submit to Congress a report
on the use of grants awarded under this section and any
progress made toward the following:
``(A) Achieving the objectives set forth in
the Homeland Security Strategy to Improve the
Cybersecurity of State, Local, Tribal, and
Territorial Governments, upon the date on which
the strategy is issued under section 2210.
``(B) Developing, implementing, or revising
Cybersecurity Plans.
``(C) Reducing cybersecurity risks and
cybersecurity threats to information systems,
applications, and user accounts owned or
operated by or on behalf of State, local, and
Tribal organizations as a result of the award
of such grants.
``(q) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
``(1) for each of fiscal years 2022 through 2026,
$500,000,000; and
``(2) for each subsequent fiscal year, such sums as
may be necessary.
``SEC. 2220B. CYBERSECURITY RESOURCE GUIDE DEVELOPMENT FOR STATE,
LOCAL, TRIBAL, AND TERRITORIAL GOVERNMENT
OFFICIALS.
``The Secretary, acting through the Director, shall develop,
regularly update, and maintain a resource guide for use by
State, local, Tribal, and territorial government officials,
including law enforcement officers, to help such officials
identify, prepare for, detect, protect against, respond to, and
recover from cybersecurity risks (as such term is defined in
section 2209), cybersecurity threats, and incidents (as such
term is defined in section 2209).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5413, is further amended by inserting after the item
relating to section 2220 the following new items:
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. Cybersecurity resource guide development for State, local,
Tribal, and territorial government officials.''.
SEC. 5423. STRATEGY.
(a) Homeland Security Strategy To Improve the Cybersecurity
of State, Local, Tribal, and Territorial Governments.--Section
2210 of the Homeland Security Act of 2002 (6 U.S.C. 660) is
amended by adding at the end the following new subsection:
``(e) Homeland Security Strategy To Improve the Cybersecurity
of State, Local, Tribal, and Territorial Governments.--
``(1) In general.--
``(A) Requirement.--Not later than one year
after the date of the enactment of this
subsection, the Secretary, acting through the
Director, shall, in coordination with the heads
of appropriate Federal agencies, State, local,
Tribal, and territorial governments, the State
and Local Cybersecurity Resilience Committee
established under section 2220A, and other
stakeholders, as appropriate, develop and make
publicly available a Homeland Security Strategy
to Improve the Cybersecurity of State, Local,
Tribal, and Territorial Governments.
``(B) Recommendations and requirements.--The
strategy required under subparagraph (A)
shall--
``(i) provide recommendations
relating to the ways in which the
Federal Government should support and
promote the ability of State, local,
Tribal, and territorial governments to
identify, mitigate against, protect
against, detect, respond to, and
recover from cybersecurity risks (as
such term is defined in section 2209),
cybersecurity threats, and incidents
(as such term is defined in section
2209); and
``(ii) establish baseline
requirements for cybersecurity plans
under this section and principles with
which such plans shall align.
``(2) Contents.--The strategy required under
paragraph (1) shall--
``(A) identify capability gaps in the ability
of State, local, Tribal, and territorial
governments to identify, protect against,
detect, respond to, and recover from
cybersecurity risks, cybersecurity threats,
incidents, and ransomware incidents;
``(B) identify Federal resources and
capabilities that are available or could be
made available to State, local, Tribal, and
territorial governments to help those
governments identify, protect against, detect,
respond to, and recover from cybersecurity
risks, cybersecurity threats, incidents, and
ransomware incidents;
``(C) identify and assess the limitations of
Federal resources and capabilities available to
State, local, Tribal, and territorial
governments to help those governments identify,
protect against, detect, respond to, and
recover from cybersecurity risks, cybersecurity
threats, incidents, and ransomware incidents
and make recommendations to address such
limitations;
``(D) identify opportunities to improve the
coordination of the Agency with Federal and
non-Federal entities, such as the Multi-State
Information Sharing and Analysis Center, to
improve--
``(i) incident exercises, information
sharing and incident notification
procedures;
``(ii) the ability for State, local,
Tribal, and territorial governments to
voluntarily adapt and implement
guidance in Federal binding operational
directives; and
``(iii) opportunities to leverage
Federal schedules for cybersecurity
investments under section 502 of title
40, United States Code;
``(E) recommend new initiatives the Federal
Government should undertake to improve the
ability of State, local, Tribal, and
territorial governments to identify, protect
against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats,
incidents, and ransomware incidents;
``(F) set short-term and long-term goals that
will improve the ability of State, local,
Tribal, and territorial governments to
identify, protect against, detect, respond to,
and recover from cybersecurity risks,
cybersecurity threats, incidents, and
ransomware incidents; and
``(G) set dates, including interim
benchmarks, as appropriate for State, local,
Tribal, and territorial governments to
establish baseline capabilities to identify,
protect against, detect, respond to, and
recover from cybersecurity risks, cybersecurity
threats, incidents, and ransomware incidents.
``(3) Considerations.--In developing the strategy
required under paragraph (1), the Director, in
coordination with the heads of appropriate Federal
agencies, State, local, Tribal, and territorial
governments, the State and Local Cybersecurity
Resilience Committee established under section 2220A,
and other stakeholders, as appropriate, shall
consider--
``(A) lessons learned from incidents that
have affected State, local, Tribal, and
territorial governments, and exercises with
Federal and non-Federal entities;
``(B) the impact of incidents that have
affected State, local, Tribal, and territorial
governments, including the resulting costs to
such governments;
``(C) the information related to the interest
and ability of state and non-state threat
actors to compromise information systems (as
such term is defined in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501))
owned or operated by State, local, Tribal, and
territorial governments;
``(D) emerging cybersecurity risks and
cybersecurity threats to State, local, Tribal,
and territorial governments resulting from the
deployment of new technologies; and
``(E) recommendations made by the State and
Local Cybersecurity Resilience Committee
established under section 2220A.
``(4) Exemption.--Chapter 35 of title 44, United
States Code (commonly known as the `Paperwork Reduction
Act'), shall not apply to any action to implement this
subsection.''.
(b) Responsibilities of the Director of the Cybersecurity and
Infrastructure Security Agency.--Section 2202 of the Homeland
Security Act of 2002 (6 U.S.C. 652) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following
new subsection:
``(d) Additional Responsibilities.--In addition to the
responsibilities under subsection (c), the Director shall--
``(1) develop program guidance, in consultation with
the State and Local Government Cybersecurity Resilience
Committee established under section 2220A, for the
State and Local Cybersecurity Grant Program under such
section or any other homeland security assistance
administered by the Department to improve
cybersecurity;
``(2) review, in consultation with the State and
Local Cybersecurity Resilience Committee, all
cybersecurity plans of State, local, Tribal, and
territorial governments developed pursuant to any
homeland security assistance administered by the
Department to improve cybersecurity;
``(3) provide expertise and technical assistance to
State, local, Tribal, and territorial government
officials with respect to cybersecurity; and
``(4) provide education, training, and capacity
development to enhance the security and resilience of
cybersecurity and infrastructure security.''.
(c) Feasibility Study.--Not later than 270 days after the
date of the enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security of the Department of
Homeland Security shall conduct a study to assess the
feasibility of implementing a short-term rotational program for
the detail to the Agency of approved State, local, Tribal, and
territorial government employees in cyber workforce positions.
SEC. 5424. CYBERSECURITY VULNERABILITIES.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through
(8) as paragraphs (5) through (9),
respectively; and
(B) by inserting after paragraph (3) the
following new paragraph:
``(4) the term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in
section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501);''.
(2) in subsection (c)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' after the semicolon at the end;
(ii) by redesignating subparagraph
(B) as subparagraph (C);
(iii) by inserting after subparagraph
(A) the following new subparagraph:
``(B) sharing mitigation protocols to counter
cybersecurity vulnerabilities pursuant to subsection
(n); and''; and
(iv) in subparagraph (C), as so
redesignated, by inserting ``and
mitigation protocols to counter
cybersecurity vulnerabilities in
accordance with subparagraph (B)''
before ``with Federal'';
(B) in paragraph (7)(C), by striking
``sharing'' and inserting ``share''; and
(C) in paragraph (9), by inserting
``mitigation protocols to counter cybersecurity
vulnerabilities,'' after ``measures,'';
(3) in subsection (e)(1)(G), by striking the
semicolon after ``and'' at the end;
(4) by redesignating subsection (o) as subsection
(p); and
(5) by inserting after subsection (n) following new
subsection:
``(o) Protocols to Counter Certain Cybersecurity
Vulnerabilities.--The Director may, as appropriate, identify,
develop, and disseminate actionable protocols to mitigate
cybersecurity vulnerabilities to information systems and
industrial control systems, including in circumstances in which
such vulnerabilities exist because software or hardware is no
longer supported by a vendor.''.
SEC. 5425. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY TO IDENTIFY THREATS TO INDUSTRIAL
CONTROL SYSTEMS.
(a) In General.--Section 2209 of the Homeland Security Act of
2002 (6 U.S.C. 659) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (G), by striking ``and;''
after the semicolon;
(B) in subparagraph (H), by inserting ``and''
after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(I) activities of the Center address the
security of both information technology and
operational technology, including industrial
control systems;''; and
(2) by adding at the end the following new
subsection:
``(p) Industrial Control Systems.--The Director shall
maintain capabilities to identify and address threats and
vulnerabilities to products and technologies intended for use
in the automated control of critical infrastructure processes.
In carrying out this subsection, the Director shall--
``(1) lead Federal Government efforts, in
consultation with Sector Risk Management Agencies, as
appropriate, to identify and mitigate cybersecurity
threats to industrial control systems, including
supervisory control and data acquisition systems;
``(2) maintain threat hunting and incident response
capabilities to respond to industrial control system
cybersecurity risks and incidents;
``(3) provide cybersecurity technical assistance to
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control system stakeholders to identify,
evaluate, assess, and mitigate vulnerabilities;
``(4) collect, coordinate, and provide vulnerability
information to the industrial control systems community
by, as appropriate, working closely with security
researchers, industry end-users, product manufacturers,
Sector Risk Management Agencies, other Federal
agencies, and other industrial control systems
stakeholders; and
``(5) conduct such other efforts and assistance as
the Secretary determines appropriate.''.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act and every six months
thereafter during the subsequent 4-year period, the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security shall provide to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a briefing on the industrial control systems
capabilities of the Agency under section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659), as amended by subsection
(a).
(c) GAO Review.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall review implementation of the requirements of
subsections (e)(1)(I) and (p) of section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659), as amended by subsection
(a), and submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report that includes
findings and recommendations relating to such implementation.
Such report shall include information on the following:
(1) Any interagency coordination challenges to the
ability of the Director of the Cybersecurity and
Infrastructure Agency of the Department of Homeland
Security to lead Federal efforts to identify and
mitigate cybersecurity threats to industrial control
systems pursuant to subsection (p)(1) of such section.
(2) The degree to which the Agency has adequate
capacity, expertise, and resources to carry out threat
hunting and incident response capabilities to mitigate
cybersecurity threats to industrial control systems
pursuant to subsection (p)(2) of such section, as well
as additional resources that would be needed to close
any operational gaps in such capabilities.
(3) The extent to which industrial control system
stakeholders sought cybersecurity technical assistance
from the Agency pursuant to subsection (p)(3) of such
section, and the utility and effectiveness of such
technical assistance.
(4) The degree to which the Agency works with
security researchers and other industrial control
systems stakeholders, pursuant to subsection (p)(4) of
such section, to provide vulnerability information to
the industrial control systems community.
SEC. 5426. REPORT ON CYBERSECURITY VULNERABILITIES.
(a) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on how
the Agency carries out subsection (n) of section 2209 of the
Homeland Security Act of 2002 to coordinate vulnerability
disclosures, including disclosures of cybersecurity
vulnerabilities (as such term is defined in such section), and
subsection (o) of such section (as added by section 5324) to
disseminate actionable protocols to mitigate cybersecurity
vulnerabilities to information systems and industrial control
systems, that include the following:
(1) A description of the policies and procedures
relating to the coordination of vulnerability
disclosures.
(2) A description of the levels of activity in
furtherance of such subsections (n) and (o) of such
section 2209.
(3) Any plans to make further improvements to how
information provided pursuant to such subsections can
be shared (as such term is defined in such section
2209) between the Department and industry and other
stakeholders.
(4) Any available information on the degree to which
such information was acted upon by industry and other
stakeholders.
(5) A description of how privacy and civil liberties
are preserved in the collection, retention, use, and
sharing of vulnerability disclosures.
(b) Form.--The report required under subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
SEC. 5427. COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES.
The Under Secretary for Science and Technology of the
Department of Homeland Security, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department, may establish an incentive-based
program that allows industry, individuals, academia, and others
to compete in identifying remediation solutions for
cybersecurity vulnerabilities (as such term is defined in
section 2209 of the Homeland Security Act of 2002, as amended
by section 5325) to information systems (as such term is
defined in such section 2209) and industrial control systems,
including supervisory control and data acquisition systems.
SEC. 5428. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by
section 5322 of this Act, is further amended by adding at the
end the following new section:
``SEC. 2220C. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency
the National Cyber Exercise Program (referred to in
this section as the `Exercise Program') to evaluate the
National Cyber Incident Response Plan, and other
related plans and strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall
be--
``(i) based on current risk
assessments, including credible
threats, vulnerabilities, and
consequences;
``(ii) designed, to the extent
practicable, to simulate the partial or
complete incapacitation of a government
or critical infrastructure network
resulting from a cyber incident;
``(iii) designed to provide for the
systematic evaluation of cyber
readiness and enhance operational
understanding of the cyber incident
response system and relevant
information-sharing agreements; and
``(iv) designed to promptly develop
after-action reports and plans that can
quickly incorporate lessons learned
into future operations.
``(B) Model exercise selection.--The Exercise
Program shall--
``(i) include a selection of model
exercises that government and private
entities can readily adapt for use; and
``(ii) aid such governments and
private entities with the design,
implementation, and evaluation of
exercises that--
``(I) conform to the
requirements described in
subparagraph (A);
``(II) are consistent with
any applicable national, State,
local, or Tribal strategy or
plan; and
``(III) provide for
systematic evaluation of
readiness.
``(3) Consultation.--In carrying out the Exercise
Program, the Director may consult with appropriate
representatives from Sector Risk Management Agencies,
cybersecurity research stakeholders, and Sector
Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana
Islands, the United States Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States.
``(2) Private entity.--The term `private entity' has
the meaning given such term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5422 of this Act, is further amended by adding after
the item relating to section 2220B the following new item:
``Sec. 2220C. National Cyber Exercise Program.''.
Subtitle C--Transportation Security
SEC. 5431. SURVEY OF THE TRANSPORTATION SECURITY ADMINISTRATION
WORKFORCE REGARDING COVID-19 RESPONSE.
(a) Survey.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration (referred to in this section as the
``Administrator''), in consultation with the labor organization
certified as the exclusive representative of full- and part-
time nonsupervisory Administration personnel carrying out
screening functions under section 44901 of title 49, United
States Code, shall conduct a survey of the Transportation
Security Administration (referred to in this section as the
``Administration'') workforce regarding the Administration's
response to the COVID-19 pandemic. Such survey shall be
conducted in a manner that allows for the greatest practicable
level of workforce participation.
(b) Contents.--In conducting the survey required under
subsection (a), the Administrator shall solicit feedback on the
following:
(1) The Administration's communication and
collaboration with the Administration's workforce
regarding the Administration's response to the COVID-19
pandemic and efforts to mitigate and monitor
transmission of COVID-19 among its workforce, including
through--
(A) providing employees with personal
protective equipment and mandating its use;
(B) modifying screening procedures and
Administration operations to reduce
transmission among officers and passengers and
ensuring compliance with such changes;
(C) adjusting policies regarding scheduling,
leave, and telework;
(D) outreach as a part of contact tracing
when an employee has tested positive for COVID-
19; and
(E) encouraging COVID-19 vaccinations and
efforts to assist employees that seek to be
vaccinated such as communicating the
availability of duty time for travel to
vaccination sites and recovery from vaccine
side effects.
(2) Any other topic determined appropriate by the
Administrator.
(c) Report.--Not later than 30 days after completing the
survey required under subsection (a), the Administration shall
provide a report summarizing the results of the survey to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 5432. TRANSPORTATION SECURITY PREPAREDNESS PLAN.
(a) Plan Required.--Section 114 of title 49, United States
Code, is amended by adding at the end the following new
subsection:
``(x) Transportation Security Preparedness Plan.--
``(1) In general.--Not later than two years after the
date of the enactment of this subsection, the Secretary
of Homeland Security, acting through the Administrator,
in coordination with the Chief Medical Officer of the
Department of Homeland Security and in consultation
with the partners identified under paragraphs (3)(A)(i)
through (3)(A)(iv), shall develop a transportation
security preparedness plan to address the event of a
communicable disease outbreak. The Secretary, acting
through the Administrator, shall ensure such plan
aligns with relevant Federal plans and strategies for
communicable disease outbreaks.
``(2) Considerations.--In developing the plan
required under paragraph (1), the Secretary, acting
through the Administrator, shall consider each of the
following:
``(A) The findings of the survey required
under section 5331 of the National Defense
Authorization Act for Fiscal Year 2022.
``(B) All relevant reports and
recommendations regarding the Administration's
response to the COVID-19 pandemic, including
any reports and recommendations issued by the
Comptroller General and the Inspector General
of the Department of Homeland Security.
``(C) Lessons learned from Federal
interagency efforts during the COVID-19
pandemic.
``(3) Contents of plan.--The plan developed under
paragraph (1) shall include each of the following:
``(A) Plans for communicating and
collaborating in the event of a communicable
disease outbreak with the following partners:
``(i) Appropriate Federal departments
and agencies, including the Department
of Health and Human Services, the
Centers for Disease Control and
Prevention, the Department of
Transportation, the Department of
Labor, and appropriate interagency task
forces.
``(ii) The workforce of the
Administration, including through the
labor organization certified as the
exclusive representative of full- and
part-time non-supervisory
Administration personnel carrying out
screening functions under section 44901
of this title.
``(iii) International partners,
including the International Civil
Aviation Organization and foreign
governments, airports, and air
carriers.
``(iv) Public and private
stakeholders, as such term is defined
under subsection (t)(1)(C).
``(v) The traveling public.
``(B) Plans for protecting the safety of the
Transportation Security Administration
workforce, including--
``(i) reducing the risk of
communicable disease transmission at
screening checkpoints and within the
Administration's workforce related to
the Administration's transportation
security operations and mission;
``(ii) ensuring the safety and
hygiene of screening checkpoints and
other workstations;
``(iii) supporting equitable and
appropriate access to relevant
vaccines, prescriptions, and other
medical care; and
``(iv) tracking rates of employee
illness, recovery, and death.
``(C) Criteria for determining the conditions
that may warrant the integration of additional
actions in the aviation screening system in
response to the communicable disease outbreak
and a range of potential roles and
responsibilities that align with such
conditions.
``(D) Contingency plans for temporarily
adjusting checkpoint operations to provide for
passenger and employee safety while maintaining
security during the communicable disease
outbreak.
``(E) Provisions setting forth criteria for
establishing an interagency task force or other
standing engagement platform with other
appropriate Federal departments and agencies,
including the Department of Health and Human
Services and the Department of Transportation,
to address such communicable disease outbreak.
``(F) A description of scenarios in which the
Administrator should consider exercising
authorities provided under subsection (g) and
for what purposes.
``(G) Considerations for assessing the
appropriateness of issuing security directives
and emergency amendments to regulated parties
in various modes of transportation, including
surface transportation, and plans for ensuring
compliance with such measures.
``(H) A description of any potential
obstacles, including funding constraints and
limitations to authorities, that could restrict
the ability of the Administration to respond
appropriately to a communicable disease
outbreak.
``(4) Dissemination.--Upon development of the plan
required under paragraph (1), the Administrator shall
disseminate the plan to the partners identified under
paragraph (3)(A) and to the Committee on Homeland
Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
``(5) Review of plan.--Not later than two years after
the date on which the plan is disseminated under
paragraph (4), and biennially thereafter, the
Secretary, acting through the Administrator and in
coordination with the Chief Medical Officer of the
Department of Homeland Security, shall review the plan
and, after consultation with the partners identified
under paragraphs (3)(A)(i) through (3)(A)(iv), update
the plan as appropriate.''.
(b) Comptroller General Report.--Not later than 1 year after
the date on which the transportation security preparedness plan
required under subsection (x) of section 114 of title 49,
United States Code, as added by subsection (a), is disseminated
under paragraph (4) of such subsection (x), the Comptroller
General of the United States shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the results of a study assessing the
transportation security preparedness plan, including an
analysis of--
(1) whether such plan aligns with relevant Federal
plans and strategies for communicable disease
outbreaks; and
(2) the extent to which the Transportation Security
Administration is prepared to implement the plan.
SEC. 5433. AUTHORIZATION OF TRANSPORTATION SECURITY ADMINISTRATION
PERSONNEL DETAILS.
(a) Coordination.--Pursuant to sections 106(m) and 114(m) of
title 49, United States Code, the Administrator of the
Transportation Security Administration may provide
Transportation Security Administration personnel, who are not
engaged in front line transportation security efforts, to other
components of the Department and other Federal agencies to
improve coordination with such components and agencies to
prepare for, protect against, and respond to public health
threats to the transportation security system of the United
States.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall brief the
appropriate congressional committees regarding efforts to
improve coordination with other components of the Department of
Homeland Security and other Federal agencies to prepare for,
protect against, and respond to public health threats to the
transportation security system of the United States.
SEC. 5434. TRANSPORTATION SECURITY ADMINISTRATION PREPAREDNESS.
(a) Analysis.--
(1) In general.--The Administrator of the
Transportation Security Administration shall conduct an
analysis of preparedness of the transportation security
system of the United States for public health threats.
Such analysis shall assess, at a minimum, the
following:
(A) The risks of public health threats to the
transportation security system of the United
States, including to transportation hubs,
transportation security stakeholders,
Transportation Security Administration (TSA)
personnel, and passengers.
(B) Information sharing challenges among
relevant components of the Department, other
Federal agencies, international entities, and
transportation security stakeholders.
(C) Impacts to TSA policies and procedures
for securing the transportation security
system.
(2) Coordination.--The analysis conducted of the
risks described in paragraph (1)(A) shall be conducted
in coordination with the Chief Medical Officer of the
Department of Homeland Security, the Secretary of
Health and Human Services, and transportation security
stakeholders.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall brief the
appropriate congressional committees on the following:
(1) The analysis required under subsection (a).
(2) Technologies necessary to combat public health
threats at security screening checkpoints to better
protect from future public health threats TSA
personnel, passengers, aviation workers, and other
personnel authorized to access the sterile area of an
airport through such checkpoints, and the estimated
cost of technology investments needed to fully
implement across the aviation system solutions to such
threats.
(3) Policies and procedures implemented by TSA and
transportation security stakeholders to protect from
public health threats TSA personnel, passengers,
aviation workers, and other personnel authorized to
access the sterile area through the security screening
checkpoints, as well as future plans for additional
measures relating to such protection.
(4) The role of TSA in establishing priorities,
developing solutions, and coordinating and sharing
information with relevant domestic and international
entities during a public health threat to the
transportation security system, and how TSA can improve
its leadership role in such areas.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security of the
House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the
Senate.
(2) The term ``sterile area'' has the meaning given
such term in section 1540.5 of title 49, Code of
Federal Regulations.
(3) The term ``TSA'' means the Transportation
Security Administration.
SEC. 5435. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT PASSENGER
SCREENING CHECKPOINTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator, in coordination with
the Chief Medical Officer of the Department of Homeland
Security, and in consultation with the Secretary of Health and
Human Services and the Director of the Centers for Disease
Control and Prevention, shall issue and commence implementing a
plan to enhance, as appropriate, security operations at
airports during the COVID-19 national emergency in order to
reduce risk of the spread of the coronavirus at passenger
screening checkpoints and among the TSA workforce.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) An identification of best practices developed in
response to the coronavirus among foreign governments,
airports, and air carriers conducting aviation security
screening operations, as well as among Federal agencies
conducting similar security screening operations
outside of airports, including in locations where the
spread of the coronavirus has been successfully
contained, that could be further integrated into the
United States aviation security system.
(2) Specific operational changes to aviation security
screening operations informed by the identification of
best practices under paragraph (1) that could be
implemented without degrading aviation security and a
corresponding timeline and costs for implementing such
changes.
(c) Considerations.--In carrying out the identification of
best practices under subsection (b), the Administrator shall
take into consideration the following:
(1) Aviation security screening procedures and
practices in place at security screening locations,
including procedures and practices implemented in
response to the coronavirus.
(2) Volume and average wait times at each such
security screening location.
(3) Public health measures already in place at each
such security screening location.
(4) The feasibility and effectiveness of implementing
similar procedures and practices in locations where
such are not already in place.
(5) The feasibility and potential benefits to
security, public health, and travel facilitation of
continuing any procedures and practices implemented in
response to the COVID-19 national emergency beyond the
end of such emergency.
(d) Consultation.--In developing the plan required under
subsection (a), the Administrator may consult with public and
private stakeholders and the TSA workforce, including through
the labor organization certified as the exclusive
representative of full- and part-time nonsupervisory TSA
personnel carrying out screening functions under section 44901
of title 49, United States Code.
(e) Submission.--Upon issuance of the plan required under
subsection (a), the Administrator shall submit the plan to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
(f) Issuance and Implementation.--The Administrator shall not
be required to issue or implement, as the case may be, the plan
required under subsection (a) upon the termination of the
COVID-19 national emergency except to the extent the
Administrator determines such issuance or implementation, as
the case may be, to be feasible and beneficial to security
screening operations.
(g) GAO Review.--Not later than 1 year after the issuance of
the plan required under subsection (a) (if such plan is issued
in accordance with subsection (f)), the Comptroller General of
the United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a review,
if appropriate, of such plan and any efforts to implement such
plan.
(h) Definitions.--In this section:
(1) The term ``Administrator'' means the
Administrator of the Transportation Security
Administration.
(2) The term ``coronavirus'' has the meaning given
such term in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations
Act, 2020 (Public Law 116-123).
(3) The term ``COVID-19 national emergency'' means
the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.)
on March 13, 2020, with respect to the coronavirus.
(4) The term ``public and private stakeholders'' has
the meaning given such term in section 114(t)(1)(C) of
title 49, United States Code.
(5) The term ``TSA'' means the Transportation
Security Administration.
SEC. 5436. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a review of Department of Homeland Security trusted
traveler programs. Such review shall examine the following:
(1) The extent to which the Department of Homeland
Security tracks data and monitors trends related to
trusted traveler programs, including root causes for
identity-matching errors resulting in an individual's
enrollment in a trusted traveler program being
reinstated.
(2) Whether the Department coordinates with the heads
of other relevant Federal, State, local, Tribal, or
territorial entities regarding redress procedures for
disqualifying offenses not covered by the Department's
own redress processes but which offenses impact an
individual's enrollment in a trusted traveler program.
(3) How the Department may improve individuals'
access to reconsideration procedures regarding a
disqualifying offense for enrollment in a trusted
traveler program that requires the involvement of any
other Federal, State, local, Tribal, or territorial
entity.
(4) The extent to which travelers are informed about
reconsideration procedures regarding enrollment in a
trusted traveler program.
SEC. 5437. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF HOMELAND
SECURITY TRUSTED TRAVELER PROGRAMS.
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall, with respect to an individual whose
enrollment in a trusted traveler program was revoked in error
extend by an amount of time equal to the period of revocation
the period of active enrollment in such a program upon
reenrollment in such a program by such an individual.
SEC. 5438. THREAT INFORMATION SHARING.
(a) Prioritization.--The Secretary of Homeland Security shall
prioritize the assignment of officers and intelligence analysts
under section 210A of the Homeland Security Act of 2002 (6
U.S.C. 124h) from the Transportation Security Administration
and, as appropriate, from the Office of Intelligence and
Analysis of the Department of Homeland Security, to locations
with participating State, local, and regional fusion centers in
jurisdictions with a high-risk surface transportation asset in
order to enhance the security of such assets, including by
improving timely sharing, in a manner consistent with the
protection of privacy rights, civil rights, and civil
liberties, of information regarding threats of terrorism and
other threats, including targeted violence.
(b) Intelligence Products.--Officers and intelligence
analysts assigned to locations with participating State, local,
and regional fusion centers under this section shall
participate in the generation and dissemination of
transportation security intelligence products, with an emphasis
on such products that relate to threats of terrorism and other
threats, including targeted violence, to surface transportation
assets that--
(1) assist State, local, and Tribal law enforcement
agencies in deploying their resources, including
personnel, most efficiently to help detect, prevent,
investigate, apprehend, and respond to such threats;
(2) promote more consistent and timely sharing with
and among jurisdictions of threat information; and
(3) enhance the Department of Homeland Security's
situational awareness of such threats.
(c) Clearances.--The Secretary of Homeland Security shall
make available to appropriate owners and operators of surface
transportation assets, and to any other person that the
Secretary determines appropriate to foster greater sharing of
classified information relating to threats of terrorism and
other threats, including targeted violence, to surface
transportation assets, the process of application for security
clearances under Executive Order No. 13549 (75 Fed. Reg. 162;
relating to a classified national security information program)
or any successor Executive order.
(d) GAO Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a review of the
implementation of this section, together with any
recommendations to improve information sharing with State,
local, Tribal, territorial, and private sector entities to
prevent, identify, and respond to threats of terrorism and
other threats, including targeted violence, to surface
transportation assets.
(e) Definitions.--In this section:
(1) The term ``surface transportation asset''
includes facilities, equipment, or systems used to
provide transportation services by--
(A) a public transportation agency (as such
term is defined in section 1402(5) of the
Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1131(5)));
(B) a railroad carrier (as such term is
defined in section 20102(3) of title 49, United
States Code);
(C) an owner or operator of--
(i) an entity offering scheduled,
fixed-route transportation services by
over-the-road bus (as such term is
defined in section 1501(4) of the
Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities,
equipment, or systems, as determined by the
Secretary.
(2) The term ``targeted violence'' means an incident
of violence in which an attacker selected a particular
target in order to inflict mass injury or death with no
discernable political or ideological motivation beyond
mass injury or death.
(3) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is
defined in section 2331(5) of title 18, United
States Code); and
(B) international terrorism (as such term is
defined in section 2331(1) of title 18, United
States Code).
SEC. 5439. LOCAL LAW ENFORCEMENT SECURITY TRAINING.
(a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may
in a manner consistent with the protection of privacy rights,
civil rights, and civil liberties, develop, through the Federal
Law Enforcement Training Centers, a training program to enhance
the protection, preparedness, and response capabilities of law
enforcement agencies with respect to threats of terrorism and
other threats, including targeted violence, at a surface
transportation asset.
(b) Requirements.--If the Secretary of Homeland Security
develops the training program described in subsection (a), such
training program shall--
(1) be informed by current information regarding
tactics used by terrorists and others engaging in
targeted violence;
(2) include tactical instruction tailored to the
diverse nature of the surface transportation asset
operational environment; and
(3) prioritize training officers from law enforcement
agencies that are eligible for or receive grants under
sections 2003 or 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605) and officers employed by
railroad carriers that operate passenger service,
including interstate passenger service.
(c) Definitions.--In this section:
(1) The term ``public and private sector
stakeholders'' has the meaning given such term in
section 114(u)(1)(c) of title 49, United States Code.
(2) The term ``surface transportation asset''
includes facilities, equipment, or systems used to
provide transportation services by--
(A) a public transportation agency (as such
term is defined in section 1402(5) of the
Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1131(5)));
(B) a railroad carrier (as such term is
defined in section 20102(3) of title 49, United
States Code);
(C) an owner or operator of--
(i) an entity offering scheduled,
fixed-route transportation services by
over-the-road bus (as such term is
defined in section 1501(4) of the
Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities,
equipment, or systems, as determined by the
Secretary.
(3) The term ``targeted violence'' means an incident
of violence in which an attacker selected a particular
target in order to inflict mass injury or death with no
discernable political or ideological motivation beyond
mass injury or death.
(4) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is
defined in section 2331(5) of title 18, United
States Code); and
(B) international terrorism (as such term is
defined in section 2331(1) of title 18, United
States Code).
SEC. 5440. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2); Public Law 110-53) is amended by inserting ``and
associated backfill'' after ``security training''.
SEC. 5441. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is
amended--
(1) by redesignating subsection (m) as subsection
(n); and
(2) by inserting after subsection (l) the following
new subsection:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph
(2), funds provided pursuant to a grant awarded under
this section for a use specified in subsection (b)
shall remain available for use by a grant recipient for
a period of not fewer than 36 months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in
subparagraph (M) or (N) of subsection (b)(1) shall
remain available for use by a grant recipient for a
period of not fewer than 55 months.''.
SEC. 5442. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE
GRANT PROGRAM.
(a) In General.--The Comptroller General of the United States
shall conduct a review of the public transportation security
assistance grant program under section 1406 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall
include the following:
(1) An assessment of the type of projects funded
under the public transportation security grant program
referred to in such paragraph.
(2) An assessment of the manner in which such
projects address threats to public transportation
infrastructure.
(3) An assessment of the impact, if any, of sections
5342 through 5345 (including the amendments made by
this Act) on types of projects funded under the public
transportation security assistance grant program.
(4) An assessment of the management and
administration of public transportation security
assistance grant program funds by grantees.
(5) Recommendations to improve the manner in which
public transportation security assistance grant program
funds address vulnerabilities in public transportation
infrastructure.
(6) Recommendations to improve the management and
administration of the public transportation security
assistance grant program.
(c) Report.--Not later than one year after the date of the
enactment of this Act and again not later than five years after
such date of enactment, the Comptroller General of the United
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
review required under this section.
SEC. 5443. SENSITIVE SECURITY INFORMATION; INTERNATIONAL AVIATION
SECURITY.
(a) Sensitive Security Information.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of
the Transportation Security Administration (TSA)
shall--
(A) ensure clear and consistent designation
of ``Sensitive Security Information'',
including reasonable security justifications
for such designation;
(B) develop and implement a schedule to
regularly review and update, as necessary, TSA
Sensitive Security Information identification
guidelines;
(C) develop a tracking mechanism for all
Sensitive Security Information redaction and
designation challenges;
(D) document justifications for changes in
position regarding Sensitive Security
Information redactions and designations, and
make such changes accessible to TSA personnel
for use with relevant stakeholders, including
air carriers, airport operators, surface
transportation operators, and State and local
law enforcement, as necessary; and
(E) ensure that TSA personnel are adequately
trained on appropriate designation policies.
(2) Stakeholder outreach.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator of the Transportation Security
Administration (TSA) shall conduct outreach to relevant
stakeholders described in paragraph (1)(D) that
regularly are granted access to Sensitive Security
Information to raise awareness of the TSA's policies
and guidelines governing the designation and use of
Sensitive Security Information.
(b) International Aviation Security.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Administrator of
the Transportation Security Administration shall
develop and implement guidelines with respect to last
point of departure airports to--
(A) ensure the inclusion, as appropriate, of
air carriers and other transportation security
stakeholders in the development and
implementation of security directives and
emergency amendments;
(B) document input provided by air carriers
and other transportation security stakeholders
during the security directive and emergency
amendment, development, and implementation
processes;
(C) define a process, including timeframes,
and with the inclusion of feedback from air
carriers and other transportation security
stakeholders, for cancelling or incorporating
security directives and emergency amendments
into security programs;
(D) conduct engagement with foreign partners
on the implementation of security directives
and emergency amendments, as appropriate,
including recognition if existing security
measures at a last point of departure airport
are found to provide commensurate security as
intended by potential new security directives
and emergency amendments; and
(E) ensure that new security directives and
emergency amendments are focused on defined
security outcomes.
(2) Briefing to congress.--Not later than 90 days
after the date of the enactment of this Act, the
Administrator of the Transportation Security
Administration shall brief the Committee on Homeland
Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate on the guidelines described in paragraph
(1).
(3) Decisions not subject to judicial review.--
Notwithstanding any other provision of law, any action
of the Administrator of the Transportation Security
Administration under paragraph (1) is not subject to
judicial review.
----------
428. An Amendment To Be Offered by Representative Thompson of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. __. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN DEPARTMENT OF
THE NAVY.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report
detailing the processing of Requests for Equitable Adjustment
by the Department of the Navy, including progress in complying
with the covered directive.
(b) Contents.--The report required under subsection (a) shall
include, at a minimum, the following:
(1) The number of Requests for Equitable Adjustment
submitted since October 1, 2011.
(2) The organizations within the Department of the
Navy to which such Requests were submitted.
(3) The number of Requests for Equitable Adjustment
outstanding as of the date of the enactment of this
Act.
(4) The number of Requests for Equitable Adjustment
agreed to but not paid as of the date of the enactment
of this Act, including a description of why each such
Request has not been paid.
(5) A detailed explanation of the efforts by the
Department of the Navy to ensure compliance with the
covered directive.
(c) Covered Directive Defined.--In this section, the term
``covered directive'' means the directive of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, dated March 20, 2020, directing payment of all
settled Requests for Equitable Adjustment and the expeditious
resolution of all remaining Requests for Equitable Adjustment.
----------
429. An Amendment To Be Offered by Representative Tiffany of Wisconsin
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following:
SEC. ___. COOPERATION BETWEEN THE UNITED STATES AND UKRAINE REGARDING
THE TITANIUM INDUSTRY.
(a) Sense of Congress.--It is the sense of the Congress that
cooperation in the titanium industry is a strategic priority in
United States-Ukraine relations.
(b) Statement of Policy.--It is the policy of the United
States to engage with the government of Ukraine in cooperation
in the titanium industry as an alternative to Chinese and
Russian sources on which the United States and European defense
industrial bases currently depend.
(c) Reporting Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report that describes the feasibility of utilizing titanium
sources from Ukraine as a potential alternative to Chinese and
Russian sources for the defense industrial base.
(d) Form.--The report required by subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
Committees on Armed Services and on Foreign Relations of the
Senate and the Committees on Armed Services and on Foreign
Affairs of the House of Representatives.
----------
430. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LX of division E, insert
the following:
SEC. __. REPORT ON ASSISTANCE TO TURKMENISTAN.
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, shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on the impact of assistance
provided to Turkmenistan that includes the following:
(1) A description of assistance provided or intended
to be provided to Turkmenistan.
(2) A description of the objectives, and progress
meeting such objectives, of such assistance, including
as it relates to a strategy on United States engagement
with Turkmenistan.
(3) An assessment of the impact on public health
outcomes related to COVID-19 in Turkmenistan.
(4) A description of metrics and evidence used to
measure such outcomes.
----------
431. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
Page 971, insert after line 23 the following (and conform the
table of contents accordingly):
SEC. 1325. REPORT THE GREY WOLVES ORGANIZATION.
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 that contains the
following:
(1) A detailed report of the activities of the Grey
Wolves organization (AKA Bozkurtlar & Ulku Ocaklar()
undertaken against U.S. interests, allies, and
international partners, including a review of the
criteria met for designation as a foreign terrorist
organization as set forth in section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) A determination as to whether the Grey Wolves
meet the criteria for designation as a foreign
terrorist organization as set forth in section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189),
and should be designated as such by the Secretary of
State.
(3) If the Secretary of State determines that the
Grey Wolves do not meet the criteria set forth under
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189), a detailed justification as to which
criteria have not been met.
----------
432. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 243, after line 11, insert the following:
(3) Addressing concerns regarding housing
discrimination against individuals based on race,
ethnicity, sex, gender identity, religion, or
employment.
----------
433. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 451, line 22, insert ``islamophobic,'' after ``anti-
Semitic,''.
Page 453, line 9, insert ``islamophobic,'' after ``anti-
Semitic,''.
----------
434. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13__. PLAN FOR VETTING SECURITY ASSISTANCE PARTICIPANTS FOR
PARTICIPATION IN GROUPS THAT HAVE A VIOLENT
IDEOLOGY.
(a) Plan Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to the
appropriate congressional committees a plan for vetting the
potential for United States security assistance provided to
units of foreign national security forces to be received by
groups or individuals that have a violent ideology, including
those that are white identity terrorist, anti-semitic, or
islamophobic, that includes a comprehensive plan and strategy
for how the Department will--
(1) vet recipients of United States security
assistance for ties to groups that have violent
ideologies, including those that are white identity
terrorist, anti-semitic, or islamophobic;
(2) develop vetting to flag recipients of United
States training, or others that have a relationship
with the Department of Defense, for affiliation with
groups that have violent ideologies, including those
that are white identity terrorist, anti-semitic, or
islamophobic;
(3) deny security assistance to recipients flagged by
the vetting techniques developed pursuant to paragraph
(2);
(4) inform local partner governments of the reasons
why assistance was denied and encourage them to take
steps to rectify the situation; and
(5) maintain and update existing databases with
institutions and groups flagged by the vetting
techniques developed pursuant to paragraph (2).
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
----------
435. An Amendment To Be Offered by Representative Torres of California
Her Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS FOR EXPORT
OF CERTAIN ITEMS REMOVED FROM THE JURISDICTION OF
THE UNITED STATES MUNITIONS LIST AND MADE SUBJECT
TO THE JURISDICTION OF THE EXPORT ADMINISTRATION
REGULATIONS.
(a) In General.--The Secretary of Commerce may not grant a
license or other authorization for the export of covered items
unless before granting the license or other authorization the
Secretary submits to the chairman and ranking member of the
Committee on Foreign Affairs of the House of Representatives
and the chairman and ranking member of the Committee on Foreign
Affairs of the Senate a written certification with respect to
such proposed export license or other authorization
containing--
(1) the name of the person applying for the license
or other authorization;
(2) the name of the person who is the proposed
recipient of the export;
(3) the name of the country or international
organization to which the export will be made;
(4) a description of the items proposed to be
exported; and
(5) the value of the items proposed to be exported.
(b) Form.--A certification required under subsection (a)
shall be submitted in unclassified form, except that
information regarding the dollar value and number of items
proposed to be exported may be restricted from public
disclosure if such disclosure would be detrimental to the
security of the United States.
(c) Deadlines; Waiver.--A certification required under
subsection (a) shall be submitted--
(1) at least 15 calendar days before a proposed
export license or other authorization is granted in the
case of a transfer of items to a country which is a
member of the North Atlantic Treaty Organization or
Australia, Japan, the Republic of Korea, Israel, or New
Zealand, and
(2) at least 30 calendar days before a proposed
export license or other authorization is issued in the
case of a transfer of items to any other country.
(d) Congressional Resolution of Disapproval.--A proposed
export license or other authorization described in paragraph
(1) of subsection (c) shall become effective after the end of
the 15-day period described in such paragraph, and a proposed
export license or other authorization described in paragraph
(2) of subsection (c) shall become effective after the end of
the 30-day period specified in such paragraph, only if the
Congress does not enact, within the applicable time period, a
joint resolution prohibiting the export of items with respect
to the proposed export license.
(e) Definitions.--In this section:
(1) Covered items.--The term ``covered items'' means
items that--
(A) were included in category I of the United
States Munitions List (as in effect on January
1, 2020);
(B) were removed from the United States
Munitions List and made subject to the
jurisdiction of the Export Administration
Regulations through publication in the Federal
Register on January 23, 2020; and
(C) are valued at $1,000,000 or more.
(2) Export administration regulations.--The term
``Export Administration Regulations'' means the
regulations set forth in subchapter C of chapter VII of
title 15, Code of Federal Regulations, or successor
regulations.
(3) United states munitions list.--The term ``United
States Munitions List'' means the list maintained
pursuant to part 121 of title 22, Code of Federal
Regulations.
----------
436. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
At the end of title XIII of division A, add the following:
Subtitle D--Central American Women and Children Protection Act of 2021
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ``Central American Women
and Children Protection Act of 2021''.
SEC. 1332. FINDINGS.
Congress finds the following:
(1) The Northern Triangle countries of El Salvador,
Guatemala, and Honduras have among the highest homicide
rates in the world. In 2020, there were--
(A) 19.7 homicides per 100,000 people in El
Salvador;
(B) 15.4 homicides per 100,000 people in
Guatemala; and
(C) 37.6 homicides per 100,000 people in
Honduras.
(2) El Salvador, Guatemala, and Honduras are
characterized by a high prevalence of drug- and gang-
related violence, murder, and crimes involving sexual-
and gender-based violence against women and children,
including domestic violence, child abuse, and sexual
assault.
(3) In 2019, El Salvador, Guatemala, and Honduras
were all listed among the 7 countries in the Latin
America and Caribbean region with the highest rates of
femicides (the intentional killing of women or girls
because of their gender). In 2019--
(A) 113 women in El Salvador were victims of
femicide;
(B) 160 women in Guatemala were victims of
femicide; and
(C) 299 women in Honduras were victims of
femicide or violent homicide.
(4) In 2015, El Salvador and Honduras were among the
top 3 countries in the world with the highest child
homicides rates, with more than 22 and 32 deaths per
100,000 children, respectively, according to the
nongovernmental organization Save the Children.
(5) Thousands of women, children, and families from
El Salvador, Guatemala, and Honduras fled unsafe homes
and communities in 2019.
(6) Violent crimes against women and children are
generally assumed to be substantially under-reported
because the majority of victims lack safe access to
protection and justice.
(7) Impunity for perpetrators of violence against
women is rampant in El Salvador, Guatemala, and
Honduras. There was a 5 percent conviction rate for
violence against women in El Salvador in 2016 and 2017.
The impunity level for violence against women in
Guatemala was 97.05 percent in 2018. In 2018, there was
an impunity rate of 95 percent for violence against
women in Honduras.
(8) According to a study conducted by the Woodrow
Wilson International Center for Scholars--
(A) childhood experiences with domestic
violence in Latin America are a major risk
factor for future criminal behavior; and
(B) 56 percent of incarcerated women and 59
percent of incarcerated men surveyed
experienced intra-familial violence during
childhood.
SEC. 1333. WOMEN AND CHILDREN PROTECTION COMPACTS.
(a) Authorization To Enter Into Compacts.--The President, in
coordination with the Secretary of State and the Administrator
of the United States Agency for International Development, is
authorized to enter into multi-year, bilateral agreements of
not longer than 6 years in duration, developed in conjunction
with the governments of El Salvador, Guatemala, and Honduras
(referred to in this subtitle as ``Compact Countries''). Such
agreements shall be known as Women and Children Protection
Compacts (referred to in this subtitle as ``Compacts'').
(b) Purpose.--Each Compact shall--
(1) set out the shared goals and objectives of the
United States and the government of the Compact
Country; and
(2) be aimed at strengthening the Compact Country's
efforts--
(A) to strengthen criminal justice and civil
court systems to protect women and children and
serve victims of domestic violence, sexual
violence, and child exploitation and neglect,
and hold perpetrators accountable;
(B) to secure, create, and sustain safe
communities, building on best practices to
prevent and deter violence against women and
children;
(C) to ensure that schools are safe and
promote the prevention and early detection of
domestic abuse against women and children
within communities; and
(D) to increase access to high-quality, life-
saving health care, including post-rape and
dignity kits, psychosocial support, and
dedicated spaces and shelters for gender-based
violence survivors, in accordance with
international standards.
(c) Compact Elements.--Each Compact shall--
(1) establish a 3- to 6-year cooperative strategy and
assistance plan for achieving the shared goals and
objectives articulated in such Compact;
(2) be informed by the assessments of--
(A) the areas within the Compact Country
experiencing the highest incidence of violence
against women and children;
(B) the ability of women and children to
access protection and obtain effective judicial
relief; and
(C) the judicial capacity to respond to
reports within the Compact Country of femicide,
sexual and domestic violence, and child
exploitation and neglect, and to hold the
perpetrators of such criminal acts accountable;
(3) seek to address the driving forces of violence
against women and children, which shall include efforts
to break the binding constraints to inclusive economic
growth and access to justice;
(4) identify clear and measurable goals, objectives,
and benchmarks under the Compact to detect, deter and
respond to violence against women and children;
(5) set out clear roles, responsibilities, and
objectives under the Compact, which shall include a
description of the anticipated policy and financial
commitments of the central government of the Compact
Country;
(6) seek to leverage and deconflict contributions and
complementary programming by other donors,
international organizations, multilateral institutions,
regional organizations, nongovernmental organizations,
and the private sector, as appropriate;
(7) include a description of the metrics and
indicators to monitor and measure progress toward
achieving the goals, objectives, and benchmarks under
the Compact, including reductions in the prevalence of
femicide, sexual assault, domestic violence, and child
abuse and neglect;
(8) provide for the conduct of an impact evaluation
not later than 1 year after the conclusion of the
Compact; and
(9) provide for a full accounting of all funds
expended under the Compact, which shall include full
audit authority for the Office of the Inspector General
of the Department of State, the Office of the Inspector
General of the United States Agency for International
Development, and the Government Accountability Office,
as appropriate.
(d) Sunset.--The authority to enter into Compacts under this
subtitle shall expire on September 30, 2023.
SEC. 1334. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The President, in coordination with the
Secretary of State and the Administrator of the United States
Agency for International Development, is authorized to provide
assistance under this section.
(b) Authorization of Appropriations.--There is authorized to
be appropriated $25,000,000 for each of the fiscal years 2022
and 2023 to carry out this subtitle.
(c) Implementers.--Assistance authorized under subsection (a)
may be provided through grants, cooperative agreements,
contracts or other innovative financing instruments to civil
society, international organizations, or other private entities
with relevant expertise.
(d) Prohibition on Funding to Central Governments.--No funds
appropriated pursuant to subsection (b) may be provided as
direct budgetary support to the Government of El Salvador, the
Government of Guatemala, or the Government of Honduras.
(e) Suspension of Assistance.--
(1) In general.--The Secretary of State, in
coordination with the Administrator of the United
States Agency for International Development, may
suspend or terminate assistance authorized under this
subtitle if the Secretary determines that the Compact
Country or implementing entity--
(A) is engaged in activities that are
contrary to the national security interests of
the United States;
(B) has engaged in a pattern of actions
inconsistent with the goals, objectives,
commitments, or obligations under the Compact;
or
(C) has failed to make sufficient progress
toward meeting the goals, objectives,
commitments, or obligations under the Compact.
(2) Reinstatement.--The President, in coordination
with the Secretary of State and the Administrator of
the United States Agency for International Development,
may reinstate assistance suspended or terminated
pursuant to paragraph (1) only if the Secretary
certifies to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives that the Compact Country or
implementing entity has taken steps to correct each
condition for which assistance was suspended or
terminated under paragraph (1).
(3) Notification and report.--Not later than 15 days
before suspending or terminating assistance pursuant to
paragraph (1), the Secretary, in coordination with the
Administrator of the United States Agency for
International Development, shall notify the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives of the
suspension or termination, including a justification
for such action.
SEC. 1335. CONGRESSIONAL NOTIFICATION.
Not later than 15 days before entering into a Compact with
the Government of Guatemala, the Government of Honduras, or the
Government of El Salvador, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives--
(1) a copy of the proposed Compact;
(2) a detailed summary of the cooperative strategy
and assistance plan required under section 1333(c); and
(3) a copy of any annexes, appendices, or
implementation plans related to the Compact.
SEC. 1336. COMPACT PROGRESS REPORTS AND BRIEFINGS.
(a) Progress Report.--Not later than 1 year after entering
into a Compact, and annually during the life of the Compact,
the President, in coordination with the Secretary of State and
the Administrator of the United States Agency for International
Development, shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives describing the progress made under
the Compact.
(b) Contents.--The report under subsection (a) shall
include--
(1) analysis and information on the overall rates of
gender-based violence against women and children in El
Salvador, Guatemala, and Honduras, including by using
survivor surveys, regardless of whether or not these
acts of violence are reported to government
authorities;
(2) analysis and information on incidences of cases
of gender-based violence against women and children
reported to the authorities in El Salvador, Guatemala,
and Honduras, and the percentage of alleged
perpetrators investigated, apprehended, prosecuted, and
convicted;
(3) analysis and information on the capacity and
resource allocation of child welfare systems in El
Salvador, Guatemala, and Honduras to protect
unaccompanied children;
(4) the percentage of reported violence against women
and children cases reaching conviction;
(5) a baseline and percentage changes in women and
children victims receiving legal and other social
services;
(6) a baseline and percentage changes in school
retention rates;
(7) a baseline and changes in capacity of police,
prosecution service, and courts to combat violence
against women and children;
(8) a baseline and changes in capacity of health,
protection, and other relevant ministries to support
survivors of gender-based violence; and
(9) independent external evaluation of funded
programs, including compliance with terms of the
Compacts by El Salvador, Guatemala, and Honduras, and
by the recipients of the assistance.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide a briefing to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives regarding--
(1) the data and information collected pursuant to
this section; and
(2) the steps taken to protect and assist victims of
domestic violence, sexual violence, and child
exploitation and neglect.
----------
437. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XV, add the following new
section:
SEC. 15___. DEPARTMENT OF HOMELAND SECURITY GUIDANCE WITH RESPECT TO
CERTAIN INFORMATION AND COMMUNICATIONS TECHNOLOGY
OR SERVICES CONTRACTS.
(a) Guidance.--The Secretary of Homeland Security, acting
through the Under Secretary, shall issue guidance with respect
to new and existing covered contracts.
(b) New Covered Contracts.--In developing guidance under
subsection (a), with respect to each new covered contract, as a
condition on the award of such a contract, each contractor
responding to a solicitation for such a contract shall submit
to the covered officer--
(1) a planned bill of materials when submitting a bid
proposal; and
(2) the certification and notifications described in
subsection (e).
(c) Existing Covered Contracts.--In developing guidance under
subsection (a), with respect to each existing covered contract,
each contractor with an existing covered contract shall submit
to the covered officer--
(1) the bill of materials used for such contract,
upon the request of such officer; and
(2) the certification and notifications described in
subsection (e).
(d) Updating Bill of Materials.--With respect to a covered
contract, in the case of a change to the information included
in a bill of materials submitted pursuant to subsections (b)(1)
and (c)(1), each contractor shall submit to the covered officer
the update to such bill of materials, in a timely manner.
(e) Certification and Notifications.--The certification and
notifications referred to in subsections (b)(2) and (c)(2),
with respect to a covered contract, are the following:
(1) A certification that each item listed on the
submitted bill of materials is free from all known
vulnerabilities or defects affecting the security of
the end product or service identified in--
(A) the National Institute of Standards and
Technology National Vulnerability Database; and
(B) any database designated by the Under
Secretary, in coordination with the Director of
the Cybersecurity and Infrastructure Security
Agency, that tracks security vulnerabilities
and defects in open source or third-party
developed software.
(2) A notification of each vulnerability or defect
affecting the security of the end product or service,
if identified, through--
(A) the certification of such submitted bill
of materials required under paragraph (1); or
(B) any other manner of identification.
(3) A notification relating to the plan to mitigate,
repair, or resolve each security vulnerability or
defect listed in the notification required under
paragraph (2).
(f) Enforcement.--In developing guidance under subsection
(a), the Secretary shall instruct covered officers with respect
to--
(1) the processes available to such officers
enforcing subsections (b) and (c); and
(2) when such processes should be used.
(g) Effective Date.--The guidance required under subsection
(a) shall take effect on the date that is 180 days after the
date of the enactment of this section.
(h) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Secretary, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that includes--
(1) a review of the implementation of this section;
(2) information relating to the engagement of the
Department of Homeland Security with industry;
(3) an assessment of how the guidance issued pursuant
to subsection (a) complies with Executive Order 14208
(86 Fed. Reg. 26633; relating to improving the nation's
cybersecurity); and
(4) any recommendations relating to improving the
supply chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) The term ``bill of materials'' means a list of
the parts and components (whether new or reused) of an
end product or service, including, with respect to each
part and component, information relating to the origin,
composition, integrity, and any other information as
determined appropriate by the Under Secretary.
(2) The term ``covered contract'' means a contract
relating to the procurement of covered information and
communications technology or services for the
Department.
(3) The term ``covered information and communications
technology or services'' means the terms--
(A) ``information technology'' (as such term
is defined in section 11101(6) of title 40,
United States Code);
(B) ``information system'' (as such term is
defined in section 3502(8) of title 44, United
States Code);
(C) ``telecommunications equipment'' (as such
term is defined in section 3(52) of the
Communications Act of 1934 (47 U.S.C.
153(52))); and
(D) ``telecommunications service'' (as such
term is defined in section 3(53) of the
Communications Act of 1934 (47 U.S.C.
153(53))).
(4) The term ``covered officer'' means--
(A) a contracting officer of the Department;
and
(B) any other official of the Department as
determined appropriate by the Under Secretary.
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``software'' means computer programs and
associated data that may be dynamically written or
modified during execution.
(7) The term ``Under Secretary'' means the Under
Secretary for Management of the Department.
----------
438. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
In title LI, add at the end the following:
SEC. 5106. FINCEN EXCHANGE.
Section 310(d) of title 31, United States Code, is amended--
(1) in paragraph (2), by inserting ``other relevant
private sector entities,'' after ``financial
institutions,'';
(2) in paragraph (3)(A)(i)(II), by inserting ``and
other relevant private sector entities'' after
``financial institutions''; and
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``or
other relevant private sector entity'' after
``financial institution''; and
(B) in subparagraph (B)--
(i) by striking ``Information'' and
inserting the following:
``(i) Use by financial
institutions.--Information''; and
(ii) by adding at the end the
following:
``(ii) Use by other relevant private
sector entities.--Information received
by a relevant private sector entity
that is not a financial institution
pursuant to this section shall not be
used for any purpose other than
assisting a financial institution in
identifying and reporting on activities
that may involve the financing of
terrorism, money laundering,
proliferation financing, or other
financial crimes, or in assisting
FinCEN or another agency of the U.S.
Government in mitigating the risk of
the financing of terrorism, money
laundering, proliferation financing, or
other criminal activities.''.
----------
439. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XV, add the following new
section:
SEC. 15___. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF INFORMATION
SYSTEMS AND CYBERSECURITY THREATS.
(a) Responsibilities of Director.--Section 2202(c)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended by
striking the semicolon at the end and adding the following: ``,
including by carrying out a periodic strategic assessment of
the related programs and activities of the Agency to ensure
such programs and activities contemplate the innovation of
information systems and changes in cybersecurity risks and
cybersecurity threats;''
(b) Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act and not fewer than
once every three years thereafter, the Director of the
Cybersecurity and Infrastructure Security Agency shall
submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a
strategic assessment for the purposes described in
paragraph (2)
(2) Purposes.--The purposes described in this
paragraph are the following:
(A) A description of the existing programs
and activities administered in furtherance of
section 2202(c)(3) of the Homeland Security Act
of 2002 (6 U.S.C. 652).
(B) An assessment of the capability of
existing programs and activities administered
by the Agency in furtherance of such section to
monitor for, manage, mitigate, and defend
against cybersecurity risks and cybersecurity
threats.
(C) An assessment of past or anticipated
technological trends or innovation of
information systems or information technology
that have the potential to affect the efficacy
of the programs and activities administered by
the Agency in furtherance of such section.
(D) A description of any changes in the
practices of the Federal workforce, such as
increased telework, affect the efficacy of the
programs and activities administered by the
Agency in furtherance of section 2202(c)(3).
(E) A plan to integrate innovative security
tools, technologies, protocols, activities, or
programs to improve the programs and activities
administered by the Agency in furtherance of
such section.
(F) A description of any research and
development activities necessary to enhance the
programs and activities administered by the
Agency in furtherance of such section.
(G) A description of proposed changes to
existing programs and activities administered
by the Agency in furtherance of such section,
including corresponding milestones for
implementation.
(H) Information relating to any new resources
or authorities necessary to improve the
programs and activities administered by the
Agency in furtherance of such section.
(c) Definitions.--In this section:
(1) The term ``Agency'' means the Cybersecurity and
Infrastructure Security Agency.
(2) The term ``cybersecurity purpose'' has the
meaning given such term in section 102(4) of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501(4)).
(3) The term ``cybersecurity risk'' has the meaning
given such term in section 2209(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 659(a)(2)).
(4) The term ``information system'' has the meaning
given such term in section 3502(8) of title 44, United
States Code.
(5) The term ``information technology'' has the
meaning given such term in 3502(9) of title 44, United
States Code.
(6) The term ``telework'' has the meaning given the
term in section 6501(3) of title 5, United States Code.
----------
440. An Amendment To Be Offered by Representative Trahan of
Massachusetts or Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 6013. REPORT ON SPACE DEBRIS AND LOW EARTH ORBIT SATELLITES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the National Space Council shall
submit to the appropriate congressional committees a report
that includes--
(1) an assessment of the risks space debris orbiting
the Earth imposes on night sky luminance, collision
risk, radio interference, astronomical data loss by
satellite streaks, and other potential factors relevant
to space exploration, research, and national security;
and
(2) the current and future impact of low Earth orbit
satellites on night sky luminance and how such
satellites may impact space exploration, research, and
national security.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Science, Space, and Technology, and the Committee on
Energy and Commerce of the House of Representatives;
and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
----------
441. An Amendment To Be Offered by Representative Trone of Maryland or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. 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 in 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, and regulatory agencies in foreign
countries.
(3) Carrying out the program to provide assistance to
build the capacity of foreign law enforcement agencies
with respect to covered synthetic drugs, as required by
section 3.
(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 narcotics and other
drugs, as required by section 4.
(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 Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(c) Program To Provide Assistance To Build the Capacity of
Foreign Law Enforcement Agencies With Respect to Covered
Synthetic Drugs.--
(1) 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 build the capacity of law enforcement
agencies of the countries described in paragraph (3) to
help such agencies to identify, track, and improve
their forensics detection capabilities with respect to
covered synthetic drugs.
(2) Priority.--The Secretary of State shall
prioritize assistance under paragraph (1) among those
countries described in paragraph (3) in which such
assistance would have the most impact in reducing
illicit use of covered synthetic drugs in the United
States.
(3) Countries described.--The foreign countries
described in this paragraph are--
(A) countries that are producers of covered
synthetic drugs;
(B) countries whose pharmaceutical and
chemical industries are known to be exploited
for development or procurement of precursors of
covered synthetic drugs; or
(C) major drug-transit countries as defined
by the President.
(4) Authorization of additional appropriations.--
There is authorized to be appropriated to the Secretary
to carry out this subsection $4,000,000 for each of the
fiscal years 2022 through 2026 and such amounts shall
be in addition to amounts authorized for such purposes.
(d) Exchange Program for Governmental and Nongovernmental
Personnel To Provide Educational and Professional Development
on Demand Reduction Matters Relating to Illicit Use of
Narcotics and Other Drugs.--
(1) 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 narcotics and other
drugs.
(2) Program requirements.--The program required by
paragraph (1)--
(A) shall be limited to individuals who have
expertise and experience in matters described
in paragraph (1);
(B) 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
consultation or coordination with the Bureau of
International Narcotics and Law Enforcement
Affairs; and
(C) shall include outbound exchanges for
governmental or nongovernmental personnel in
the United States.
(3) Authorization of additional appropriations.--
There is authorized to be appropriated to the Secretary
to carry out this subsection $1,000,000 for each of the
fiscal years 2022 through 2026 and such amounts shall
be in addition to amounts authorized for such purposes.
(e) Amendments to International Narcotics Control Program.--
(1) International narcotics control strategy
report.--Section 489(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291h(a)) is amended by adding at
the end the following:
``(10) Synthetic opioids and new psychoactive
substances.--
``(A) Synthetic opioids.--Information that
contains an assessment of the countries
significantly involved in the manufacture,
production, or transshipment of synthetic
opioids, including fentanyl and fentanyl
analogues, to include the following:
``(i) The scale of legal domestic
production and any available
information on the number of
manufacturers and producers of such
opioids in such countries.
``(ii) Information on any law
enforcement assessments of the scale of
illegal production, including a
description of the capacity of illegal
laboratories to produce such opioids.
``(iii) The types of inputs used and
a description of the primary methods of
synthesis employed by illegal producers
of such opioids.
``(iv) An assessment of the policies
of such countries to regulate licit
manufacture and interdict illicit
manufacture, diversion, distribution,
and shipment of such opioids 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 (as such term is defined in section
7 of the FENTANYL Results Act), 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.''.
(2) 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--
(A) in paragraph (2)--
(i) by striking ``means a country in
which--'' and inserting ``means--
``(A) a country in which--'';
(ii) by striking ``(A) 1,000'' and
inserting the following:
``(i) 1,000'';
(iii) by striking ``(B) 1,000'' and
inserting the following:
``(ii) 1,000'';
(iv) by striking ``(C) 5,000'' and
inserting the following:
``(iii) 5,000'';
(v) in subparagraph (A)(iii), as
redesignated by this subsection, by
adding ``or'' at the end; and
(vi) by adding at the end the
following:
``(B) a country which is a significant direct
source of illicit narcotic or psychotropic
drugs or other controlled substances
significantly affecting the United States.'';
and
(B) in paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a
country through which are transported illicit narcotic
or psychotropic drugs or other controlled substances
significantly affecting the United States.''.
(f) 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
and vote 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.
(g) Definition.--In this section:
(1) 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) 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 signed at
New York, New York, on March 30, 1961,
or the Convention on Psychotropic
Substances signed at Vienna, Austria,
on February 21, 1971;
(B) is new or has reemerged on the illicit
market; and
(C) poses a threat to the public health and
safety.
----------
442. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XII the following new
section:
SEC. 1253. COMPLIANCE BY CHINA WITH NUCLEAR NON-PROLIFERATION TREATY.
(a) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a special compliance
assessment with respect to the compliance by China with article
VI of the Nuclear Non-Proliferation Treaty, including the
factors leading to the conclusion of the President.
(b) Form.--The special compliance assessment under subsection
(a) shall be submitted in unclassified form.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Committee
on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Committee
on Foreign Relations of the Senate.
(2) The term ``Nuclear Non-Proliferation Treaty''
means the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1,
1968, and entered into force March 5, 1970 (21 UST
483).
----------
443. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. REPORT AND CERTIFICATION ON THE FATE AND DISPOSITION OF
MILITARY EQUIPMENT BELONGING TO AFGHANISTAN
SECURITY FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) certify to the congressional defense committees,
with respect to military equipment that previously
belonged to the Afghanistan security forces and was
located in Uzbekistan on September 11, 2021--
(A) the manner in which it was transferred to
a foreign country and the authority under which
the equipment was so transferred; and
(B) whether, under any circumstances, such
equipment could be transferred to the Taliban
or to the Islamic Emirate of Afghanistan; and
(2) submit to the congressional defense committees a
report on the fate and disposition of military
equipment described in such subsection and a
description of the circumstances that led to the
ultimate fate and disposition of such equipment.
----------
444. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXXI insert the following:
SEC. 3117. RELEASE OF REVERSIONARY INTEREST IN CERTAIN REAL PROPERTY,
SPRINGFIELD, OHIO.
(a) Release of Reversionary Interest Authorized.--Subject to
subsection (b), the Secretary of Energy may release, without
reimbursement or other consideration, a reversionary interest
acquired by the United States when the National Nuclear
Security Administration made a grant to support the acquisition
of real property and construction of infrastructure located at
4170 Allium Court in Springfield, Ohio.
(b) Condition on Release.--The authority of the Secretary of
Energy to release the reversionary interest described in
subsection (a) is conditioned on, and may be exercised only
after, the acquisition of title to the real property subject to
the reversionary interest by the Community Improvement
Corporation of Clark County, a nonprofit entity created by the
City of Springfield, Ohio, Clark County, Ohio, and the Chamber
of Commerce in the County.
----------
445. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII the following new
section:
SEC. 1325. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
SENSORS.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and not later than September 1 of
each subsequent year, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the
sensors used in the international monitoring system of the
Comprehensive Nuclear-Test-Ban Treaty Organization. Each such
report shall include, with respect to the period covered by the
report--
(1) the number of incidents where such sensors are
disabled, turned off, or experience ``technical
difficulties''; and
(2) with respect to each such incident--
(A) the location of the sensor;
(B) the duration of the incident; and
(C) whether the Secretary determines there is
reason to believe that the incident was a
deliberate act on the part of the host nation.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
446. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Page 950, line 21, insert ``and with respect to NATO specific
infrastructure'' after ``in Europe''.
----------
447. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1649. SENSE OF CONGRESS ON AEGIS ASHORE SITES IN POLAND AND
ROMANIA.
It is the sense of Congress that--
(1) both Poland and Romania, which host Aegis Ashore
sites of the United States, are vital allies of the
United States;
(2) the contributions provided by these Aegis Ashore
sites help ensure the defenses of Poland, Romania, the
United States, and the member states of the North
Atlantic Treaty Organization; and
(3) it is vital that the construction of the Aegis
Ashore site in Redzikowo, Poland, is completed and
brought online at the earliest possible date.
----------
448. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Page 1012, line 25, insert ``mobile satellite services,''
after ``System,''.
----------
449. An Amendment To Be Offered by Representative Valadao of California
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XIII of division A the
following:
SEC. 13__. REPORT ON UNITED STATES HUMANITARIAN AID TO NAGORNO
KARABAKH.
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 Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report that
contains--
(1) a detailed review of all United States
humanitarian and developmental assistance programs
being implemented in Nagorno Karabakh, including
project descriptions and budgets, a listing of
partnering organizations, and resulting deliverables;
(2) an analysis of the effectiveness of such
assistance programs for Nagorno Karabakh; and
(3) plans for future such assistance programs for
Nagorno Karabakh.
----------
450. An Amendment To Be Offered by Representative Van Duyne of Texas or
Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. STUDY ON SUPPLY CHAINS CRITICAL TO NATIONAL SECURITY.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence and the
Director of the Central Intelligence Agency shall jointly--
(1) complete a study--
(A) to identify--
(i) supply chains that are critical
to the national security, economic
security, or public health or safety of
the United States; and
(ii) important vulnerabilities in
such supply chains; and
(B) to develop recommendations for
legislative or administrative action to secure
the supply chains identified under subparagraph
(A)(i); and
(2) submit to the congressional intelligence
committees (as that term is defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) the
findings of the directors with respect to the study
conducted under paragraph (1).
----------
451. An Amendment To Be Offered by Representative Vargas of California
or His Designee, Debatable for 10 Minutes
After title LIII, insert the following:
TITLE LIV--COVID-19 EMERGENCY MEDICAL SUPPLIES
SEC. 5401. SHORT TITLE.
This title may be cited as the ``COVID-19 Emergency Medical
Supplies Enhancement Act of 2021''.
SEC. 5402. DETERMINATION ON EMERGENCY SUPPLIES AND RELATIONSHIP TO
STATE AND LOCAL EFFORTS.
(a) Determination.--For the purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the following
materials shall be deemed to be scarce and critical materials
essential to the national defense and otherwise meet the
requirements of section 101(b) of such Act during the COVID-19
emergency period:
(1) Diagnostic tests, including serological tests,
for COVID-19 and the reagents and other materials
necessary for producing or conducting such tests.
(2) Personal protective equipment, including face
shields, N-95 respirator masks, and any other masks
determined by the Secretary of Health and Human
Services to be needed to respond to the COVID-19
pandemic, and the materials to produce such equipment.
(3) Medical ventilators, the components necessary to
make such ventilators, and medicines needed to use a
ventilator as a treatment for any individual who is
hospitalized for COVID-19.
(4) Pharmaceuticals and any medicines determined by
the Food and Drug Administration or another Government
agency to be effective in treating COVID-19 (including
vaccines for COVID-19) and any materials necessary to
produce or use such pharmaceuticals or medicines
(including self-injection syringes or other delivery
systems).
(5) Any other medical equipment or supplies
determined by the Secretary of Health and Human
Services or the Secretary of Homeland Security to be
scarce and critical materials essential to the national
defense for purposes of section 101 of the Defense
Production Act of 1950 (50 U.S.C. 4511).
(b) Exercise of Title I Authorities in Relation to Contracts
by State and Local Governments.--In exercising authorities
under title I of the Defense Production Act of 1950 (50 U.S.C.
4511 et seq.) during the COVID-19 emergency period, the
President (and any officer or employee of the United States to
which authorities under such title I have been delegated)--
(1) may exercise the prioritization or allocation
authority provided in such title I to exclude any
materials described in subsection (a) ordered by a
State or local government that are scheduled to be
delivered within 15 days of the time at which--
(A) the purchase order or contract by the
Federal Government for such materials is made;
or
(B) the materials are otherwise allocated by
the Federal Government under the authorities
contained in such Act; and
(2) shall, within 24 hours of any exercise of the
prioritization or allocation authority provided in such
title I--
(A) notify any State or local government if
the exercise of such authorities would delay
the receipt of such materials ordered by such
government; and
(B) take such steps as may be necessary to
ensure that such materials ordered by such
government are delivered in the shortest
possible period.
(c) Update to the Federal Acquisition Regulation.--Not later
than 15 days after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to reflect the
requirements of subsection (b)(1).
SEC. 5403. ENGAGEMENT WITH THE PRIVATE SECTOR.
(a) Sense of Congress.--The Congress--
(1) appreciates the willingness of private companies
not traditionally involved in producing items for the
health sector to volunteer to use their expertise and
supply chains to produce essential medical supplies and
equipment;
(2) encourages other manufacturers to review their
existing capacity and to develop capacity to produce
essential medical supplies, medical equipment, and
medical treatments to address the COVID-19 emergency;
and
(3) commends and expresses deep appreciation to
individual citizens who have been producing personal
protective equipment and other materials for, in
particular, use at hospitals in their community.
(b) Outreach Representative.--
(1) Designation.--Consistent with the authorities in
title VII of the Defense Production Act of 1950 (50
U.S.C. 4551 et seq.), the Administrator of the Federal
Emergency Management Agency, in consultation with the
Secretary of Health and Human Services, shall designate
or shall appoint, pursuant to section 703 of such Act
(50 U.S.C. 4553), an individual to be known as the
``Outreach Representative''. Such individual shall--
(A) be appointed from among individuals with
substantial experience in the private sector in
the production of medical supplies or
equipment; and
(B) act as the Government-wide single point
of contact during the COVID-19 emergency for
outreach to manufacturing companies and their
suppliers who may be interested in producing
medical supplies or equipment, including the
materials described under section 5402.
(2) Encouraging partnerships.--The Outreach
Representative shall seek to develop partnerships
between companies, in coordination with the Supply
Chain Stabilization Task Force or any overall
coordinator appointed by the President to oversee the
response to the COVID-19 emergency, including through
the exercise of the authorities under section 708 of
the Defense Production Act of 1950 (50 U.S.C. 4558).
SEC. 5404. ENHANCEMENT OF SUPPLY CHAIN PRODUCTION.
In exercising authority under title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect to
materials described in section 5402, the President shall seek
to ensure that support is provided to companies that comprise
the supply chains for reagents, components, raw materials, and
other materials and items necessary to produce or use the
materials described in section 5402.
SEC. 5405. OVERSIGHT OF CURRENT ACTIVITY AND NEEDS.
(a) Response to Immediate Needs.--
(1) In general.--Not later than 7 days after the date
of the enactment of this Act, the President, in
coordination with the National Response Coordination
Center of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary
of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report assessing
the immediate needs described in paragraph (2) to
combat the COVID-19 pandemic and the plan for meeting
those immediate needs.
(2) Assessment.--The report required by this
subsection shall include--
(A) an assessment of the needs for medical
supplies or equipment necessary to address the
needs of the population of the United States
infected by the virus SARS-CoV-2 that causes
COVID-19 and to prevent an increase in the
incidence of COVID-19 throughout the United
States, including diagnostic tests, serological
tests, medicines that have been approved by the
Food and Drug Administration to treat COVID-19,
and ventilators and medicines needed to employ
ventilators;
(B) based on meaningful consultations with
relevant stakeholders, an assessment of the
need for personal protective equipment and
other supplies (including diagnostic tests)
required by--
(i) health professionals, health
workers, and hospital staff;
(ii) workers in industries and
sectors described in the ``Advisory
Memorandum on Identification of
Essential Critical Infrastructure
Workers during the COVID-19 Response''
issued by the Director of Cybersecurity
and Infrastructure Security Agency of
the Department of Homeland Security on
April 17, 2020 (and any expansion of
industries and sectors included in
updates to such advisory memorandum);
and
(iii) other workers determined to be
essential based on such consultation;
(C) an assessment of the quantities of
equipment and supplies in the Strategic
National Stockpile (established under section
319F-2 of the Public Health Service Act (42
U.S.C. 247d-6b(a)(1))) as of the date of the
report, and the projected gap between the
quantities of equipment and supplies identified
as needed in the assessment under subparagraphs
(A) and (B) and the quantities in the Strategic
National Stockpile;
(D) an identification of the industry sectors
and manufacturers most ready to fulfill
purchase orders for such equipment and supplies
(including manufacturers that may be
incentivized) through the exercise of authority
under section 303(e) of the Defense Production
Act of 1950 (50 U.S.C. 4533(e)) to modify,
expand, or improve production processes to
manufacture such equipment and supplies to
respond immediately to a need identified in
subparagraph (A) or (B);
(E) an identification of Government-owned and
privately-owned stockpiles of such equipment
and supplies not included in the Strategic
National Stockpile that could be repaired or
refurbished;
(F) an identification of previously
distributed critical supplies that can be
redistributed based on current need;
(G) a description of any exercise of the
authorities described under subsection (a)(5)
or (b)(1) of section 5402; and
(H) an identification of critical areas of
need, by county and by areas identified by the
Indian Health Service, in the United States and
the metrics and criteria for identification as
a critical area.
(3) Plan.--The report required by this subsection
shall include a plan for meeting the immediate needs to
combat the COVID-19 pandemic, including the needs
described in paragraph (1). Such plan shall include--
(A) each contract the Federal Government has
entered into to meet such needs, including the
purpose of each contract, the type and amount
of equipment, supplies, or services to be
provided under the contract, the entity
performing such contract, and the dollar amount
of each contract;
(B) each contract that the Federal Government
intends to enter into within 14 days after
submission of such report, including the
information described in subparagraph (A) for
each such contract; and
(C) whether any of the contracts described in
subparagraph (A) or (B) have or will have a
priority rating under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.), including
purchase orders pursuant to Department of
Defense Directive 4400.1 (or any successor
directive), subpart A of part 101 of title 45,
Code of Federal Regulations, or any other
applicable authority.
(4) Additional requirements.--The report required by
this subsection, and each update required by paragraph
(5), shall include--
(A) any requests for equipment and supplies
from State or local governments and Indian
Tribes, and an accompanying list of the
employers and unions consulted in developing
these requests;
(B) any modeling or formulas used to
determine allocation of equipment and supplies,
and any related chain of command issues on
making final decisions on allocations;
(C) the amount and destination of equipment
and supplies delivered;
(D) an explanation of why any portion of any
contract, whether to replenish the Strategic
National Stockpile or otherwise, will not be
filled;
(E) of products procured under this section,
the percentage of such products that are used
to replenish the Strategic National Stockpile,
that are targeted to COVID-19 hotspots, and
that are used for the commercial market;
(F) metrics, formulas, and criteria used to
determine COVID-19 hotspots or areas of
critical need for a State, county, or an area
identified by the Indian Health Service;
(G) production and procurement benchmarks,
where practicable; and
(H) results of the consultation with the
relevant stakeholders required by paragraph
(2)(B).
(5) Updates.--The President, in coordination with the
National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the
Defense Logistics Agency, the Secretary of Health and
Human Services, the Secretary of Veterans Affairs, and
heads of other Federal agencies (as appropriate), shall
update such report every 14 days.
(6) Public availability.--The President shall make
the report required by this subsection and each update
required by paragraph (5) available to the public,
including on a Government website.
(b) Response to Longer-Term Needs.--
(1) In general.--Not later than 14 days after the
date of enactment of this Act, the President, in
coordination with the National Response Coordination
Center of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary
of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report
containing an assessment of the needs described in
paragraph (2) to combat the COVID-19 pandemic and the
plan for meeting such needs during the 6-month period
beginning on the date of submission of the report.
(2) Assessment.--The report required by this
subsection shall include--
(A) an assessment of the elements described
in subparagraphs (A) through (E) and
subparagraph (H) of subsection (a)(2); and
(B) an assessment of needs related to COVID-
19 vaccines and any additional services to
address the COVID-19 pandemic, including
services related to health surveillance to
ensure that the appropriate level of contact
tracing related to detected infections is
available throughout the United States.
(3) Plan.--The report required by this subsection
shall include a plan for meeting the longer-term needs
to combat the COVID-19 pandemic, including the needs
described in paragraph (1). This plan shall include--
(A) a plan to exercise authorities under the
Defense Production Act of 1950 (50 U.S.C. 4501
et seq.) necessary to increase the production
of the medical equipment, supplies, and
services that are essential to meeting the
needs identified in paragraph (2) (including
the number of N-95 respirator masks and other
personal protective equipment needed), based on
meaningful consultations with relevant
stakeholders--
(i) by the private sector to resume
economic activity; and
(ii) by the public and nonprofit
sectors to significantly increase their
activities;
(B) results of the consultations with the
relevant stakeholders required by subparagraph
(A)(ii);
(C) an estimate of the funding and other
measures necessary to rapidly expand
manufacturing production capacity for such
equipment and supplies, including--
(i) any efforts to expand, retool, or
reconfigure production lines;
(ii) any efforts to establish new
production lines through the purchase
and installation of new equipment; or
(iii) the issuance of additional
contracts, purchase orders, purchase
guarantees, or other similar measures;
(D) each contract the Federal Government has
entered into to meet such needs or expand such
production, the purpose of each contract, the
type and amount of equipment, supplies, or
services to be provided under the contract, the
entity performing such contract, and the dollar
amount of each contract;
(E) each contract that the Federal Government
intends to enter into within 14 days after
submission of such report, including the
information described in subparagraph (D) for
each such contract;
(F) whether any of the contracts described in
subparagraph (D) or (E) have or will have a
priority rating under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.), including
purchase orders pursuant to Department of
Defense Directive 4400.1 (or any successor
directive), subpart A of part 101 of title 45,
Code of Federal Regulations, or any other
applicable authority; and
(G) the manner in which the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.)
could be used to increase services necessary to
combat the COVID-19 pandemic, including
services described in paragraph (2)(B).
(4) Updates.--The President, in coordination with the
National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the
Defense Logistics Agency, the Secretary of Health and
Human Services, the Secretary of Veterans Affairs, and
heads of other Federal agencies (as appropriate), shall
update such report every 14 days.
(5) Public availability.--The President shall make
the report required by this subsection and each update
required by paragraph (4) available to the public,
including on a Government website.
(c) Report on Exercising Authorities Under the Defense
Production Act of 1950.--
(1) In general.--Not later than 14 days after the
date of the enactment of this Act, the President, in
consultation with the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense,
and the Secretary of Health and Human Services, shall
submit to the appropriate congressional committees a
report on the exercise of authorities under titles I,
III, and VII of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) prior to the date of such report.
(2) Contents.--The report required under paragraph
(1) and each update required under paragraph (3) shall
include, with respect to each exercise of such
authority--
(A) an explanation of the purpose of the
applicable contract, purchase order, or other
exercise of authority (including an allocation
of materials, services, and facilities under
section 101(a)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4511(a)(2)));
(B) the cost of such exercise of authority;
and
(C) if applicable--
(i) the amount of goods that were
purchased or allocated;
(ii) an identification of the entity
awarded a contract or purchase order or
that was the subject of the exercise of
authority; and
(iii) an identification of any entity
that had shipments delayed by the
exercise of any authority under the
Defense Production Act of 1950 (50
U.S.C. 4501 et seq.).
(3) Updates.--The President shall update the report
required under paragraph (1) every 14 days.
(4) Public availability.--The President shall make
the report required by this subsection and each update
required by paragraph (3) available to the public,
including on a Government website.
(d) Quarterly Reporting.--The President shall submit to
Congress, and make available to the public (including on a
Government website), a quarterly report detailing all
expenditures made pursuant to titles I, III, and VII of the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).
(e) Sunset.--The requirements of this section shall terminate
on the later of--
(1) December 31, 2021; or
(2) the end of the COVID-19 emergency period.
SEC. 5406. ENHANCEMENTS TO THE DEFENSE PRODUCTION ACT OF 1950.
(a) Health Emergency Authority.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended by adding at
the end the following:
``(c) Health Emergency Authority.--With respect to a public
health emergency declaration by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act, or preparations for such a health emergency, the Secretary
of Health and Human Services and the Administrator of the
Federal Emergency Management Agency are authorized to carry out
the authorities provided under this section to the same extent
as the President.''.
(b) Emphasis on Business Concerns Owned by Women, Minorities,
Veterans, and Native Americans.--Section 108 of the Defense
Production Act of 1950 (50 U.S.C. 4518) is amended--
(1) in the heading, by striking ``MODERNIZATION OF
SMALL BUSINESS SUPPLIERS'' and inserting ``SMALL
BUSINESS PARTICIPATION AND FAIR INCLUSION'';
(2) by amending subsection (a) to read as follows:
``(a) Participation and Inclusion.--
``(1) In general.--In providing any assistance under
this Act, the President shall accord a strong
preference for subcontractors and suppliers that are--
``(A) small business concerns; or
``(B) businesses of any size owned by women,
minorities, veterans, and the disabled.
``(2) Special consideration.--To the maximum extent
practicable, the President shall accord the preference
described under paragraph (1) to small business
concerns and businesses described in paragraph (1)(B)
that are located in areas of high unemployment or areas
that have demonstrated a continuing pattern of economic
decline, as identified by the Secretary of Labor.'';
and
(3) by adding at the end the following:
``(c) Minority Defined.--In this section, the term
`minority'--
``(1) has the meaning given the term in section
308(b) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989; and
``(2) includes any indigenous person in the United
States, including any territories of the United
States.''.
(c) Additional Information in Annual Report.--Section
304(f)(3) of the Defense Production Act of 1950 (50 U.S.C.
4534(f)(3)) is amended by striking ``year.'' and inserting
``year, including the percentage of contracts awarded using
Fund amounts to each of the groups described in section
108(a)(1)(B) (and, with respect to minorities, disaggregated by
ethnic group), and the percentage of the total amount expended
during such fiscal year on such contracts.''.
(d) Definition of National Defense.--Section 702(14) of the
Defense Production Act of 1950 is amended by striking ``and
critical infrastructure protection and restoration'' and
inserting ``, critical infrastructure protection and
restoration, and health emergency preparedness and response
activities''.
SEC. 5407. SECURING ESSENTIAL MEDICAL MATERIALS.
(a) Statement of Policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical
materials essential to national defense, including
through measures designed to secure the drug supply
chain, and taking into consideration the importance of
United States competitiveness, scientific leadership
and cooperation, and innovative capacity;''.
(b) Strengthening Domestic Capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(1) in subsection (a), by inserting ``(including
medical materials)'' after ``materials''; and
(2) in subsection (b)(1), by inserting ``(including
medical materials such as drugs to diagnose, cure,
mitigate, treat, or prevent disease that essential to
national defense)'' after ``essential materials''.
(c) Strategy on Securing Supply Chains for Medical
Articles.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of
the enactment of this section, the President, in consultation
with the Secretary of Health and Human Services, the Secretary
of Commerce, the Secretary of Homeland Security, and the
Secretary of Defense, shall transmit a strategy to the
appropriate Members of Congress that includes the following:
``(1) A detailed plan to use the authorities under
this title and title III, or any other provision of
law, to ensure the supply of medical materials
(including drugs to diagnose, cure, mitigate, treat, or
prevent disease) essential to national defense, to the
extent necessary for the purposes of this Act.
``(2) An analysis of vulnerabilities to existing
supply chains for such medical articles, and
recommendations to address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as
required for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from
the plan and measures described in this
subsection on the production, cost, or
distribution of vaccines or any other drugs (as
defined under section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321));
``(B) a timeline to ensure that essential
components of the supply chain for medical
materials are not under the exclusive control
of a foreign government in a manner that the
President determines could threaten the
national defense of the United States; and
``(C) efforts to mitigate any risks resulting
from the plan and measures described in this
subsection to United States competitiveness,
scientific leadership, and innovative capacity,
including efforts to cooperate and proactively
engage with United States allies.
``(b) Progress Report.--Following submission of the strategy
under subsection (a), the President shall submit to the
appropriate Members of Congress an annual progress report
evaluating the implementation of the strategy, and may include
updates to the strategy as appropriate. The strategy and
progress reports shall be submitted in unclassified form but
may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and
minority leader of the House of Representatives, the majority
leader and minority leader of the Senate, the Chairman and
Ranking Member of the Committees on Armed Services and
Financial Services of the House of Representatives, and the
Chairman and Ranking Member of the Committees on Armed Services
and Banking, Housing, and Urban Affairs of the Senate.''.
SEC. 5408. GAO REPORT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on ensuring that
the United States Government has access to the medical supplies
and equipment necessary to respond to future pandemics and
public health emergencies, including recommendations with
respect to how to ensure that the United States supply chain
for diagnostic tests (including serological tests), personal
protective equipment, vaccines, and therapies is better
equipped to respond to emergencies, including through the use
of funds in the Defense Production Act Fund under section 304
of the Defense Production Act of 1950 (50 U.S.C. 4534) to
address shortages in that supply chain.
(b) Review of Assessment and Plan.--
(1) In general.--Not later than 30 days after each of
the submission of the reports described in subsections
(a) and (b) of section 5405, the Comptroller General of
the United States shall submit to the appropriate
congressional committees an assessment of such reports,
including identifying any gaps and providing any
recommendations regarding the subject matter in such
reports.
(2) Monthly review.--Not later than a month after the
submission of the assessment under paragraph (1), and
monthly thereafter, the Comptroller General shall issue
a report to the appropriate congressional committees
with respect to any updates to the reports described in
subsections (a) and (b) of section 5405 that were
issued during the previous 1-month period, containing
an assessment of such updates, including identifying
any gaps and providing any recommendations regarding
the subject matter in such updates.
SEC. 5409. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committees on Appropriations, Armed Services, Energy
and Commerce, Financial Services, Homeland Security,
and Veterans' Affairs of the House of Representatives
and the Committees on Appropriations, Armed Services,
Banking, Housing, and Urban Affairs, Health, Education,
Labor, and Pensions, Homeland Security and Governmental
Affairs, and Veterans' Affairs of the Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the
date of enactment of this Act and ending after the end
of the incident period for the emergency declared on
March 13, 2020, by the President under section 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector;
and
(C) representatives of labor organizations
representing workers, including unions that
represent health workers, manufacturers, public
sector employees, and service sector workers.
(4) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
----------
452. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC INFLATION
ADJUSTMENTS TO THE ACQUISITION-RELATED DOLLAR
THRESHOLD.
(a) In General.--Section 1908(b)(2) of title 41, United
States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(D) in sections 3131 through 3134 of title
40, except any modification of any such dollar
threshold made by regulation in effect on the
date of the enactment of this subparagraph
shall remain in effect.''.
(b) Technical Amendment.--Section 1908(d) of such title is
amended by striking the period at the end.
----------
453. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following new section:
SEC. 60__. 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 January 31 of
each year, 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.--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''.
(c) Deadline for Biennial Report.--Not later than 2 years
after the date of enactment of this Act, and every 2 years
thereafter, the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark
Office shall submit to Congress the biennial report required
under section 124(e) of title 35, United States Code, as added
by subsection (a).
----------
454. An Amendment To Be Offered by Representative Wagner of Missouri or
Her Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. 6013. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND ASEAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall develop and submit to the
appropriate congressional committees a comprehensive strategy
for engagement with Southeast Asia and the Association of
Southeast Asian Nations (ASEAN).
(b) Matters To Be Included.--The strategy required by
subsection (a) shall include the following:
(1) A statement of enduring United States interests
in Southeast Asia and a description of efforts to
bolster the effectiveness of ASEAN.
(2) A description of efforts to--
(A) deepen and expand Southeast Asian
alliances, partnerships, and multilateral
engagements, including efforts to expand broad
based and inclusive economic growth, security
ties, security cooperation and
interoperability, economic connectivity, and
expand opportunities for ASEAN to work with
other like-minded partners in the region; and
(B) encourage like-minded partners outside of
the Indo-Pacific region to engage with ASEAN.
(3) A summary of initiatives across the whole of the
United States Government to strengthen the United
States partnership with Southeast Asian nations and
ASEAN, including to promote broad based and inclusive
economic growth, trade, investment, energy innovation
and sustainability, public-private partnerships,
physical and digital infrastructure development,
education, disaster management, public health and
global health security, and economic, political, and
public diplomacy in Southeast Asia.
(4) A summary of initiatives across the whole of the
United States Government to enhance the capacity of
Southeast Asian nations with respect to enforcing
international law and multilateral sanctions, and
initiatives to cooperate with ASEAN as an institution
in these areas.
(5) A summary of initiatives across the whole of the
United States Government to promote human rights and
democracy, to strengthen the rule of law, civil
society, and transparent governance, to combat
disinformation and to protect the integrity of
elections from outside influence.
(6) A summary of initiatives to promote security
cooperation and security assistance within Southeast
Asian nations, including--
(A) maritime security and maritime domain
awareness initiatives for protecting the
maritime commons and supporting international
law and freedom of navigation in the South
China Sea; and
(B) efforts to combat terrorism, human
trafficking, piracy, and illegal fishing, and
promote more open, reliable routes for sea
lines of communication.
(c) Distribution of Strategy.--For the purposes of assuring
allies and partners in Southeast Asia and deepening United
States engagement with ASEAN, the Secretary of State shall
direct each United States chief of mission to ASEAN and its
member states to distribute the strategy required by subsection
(a) to host governments.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
----------
455. An Amendment To Be Offered by Representative Walberg of Michigan
or His Designee, Debatable for 10 Minutes
Page 812, line 16, add at the end before the period the
following: ``, including an evaluation of the capabilities of
the Taliban post-withdrawal to monetize through the transfer of
abandoned covered Unites States equipment, property, and
classified material to adversaries of the United States''.
----------
456. An Amendment To Be Offered by Representative Walberg of Michigan
or His Designee, Debatable for 10 Minutes
At the end of title LX of division E, add the following:
SEC. __. REPRESENTATION AND LEADERSHIP OF UNITED STATES IN
COMMUNICATIONS STANDARDS-SETTING BODIES.
(a) In General.--In order to enhance the representation of
the United States and promote United States leadership in
standards-setting bodies that set standards for 5G networks and
for future generations of wireless communications networks, the
Assistant Secretary shall, in consultation with the National
Institute of Standards and Technology--
(1) equitably encourage participation by companies
and a wide variety of relevant stakeholders, but not
including any company or relevant stakeholder that the
Assistant Secretary has determined to be not trusted,
(to the extent such standards-setting bodies allow such
stakeholders to participate) in such standards-setting
bodies; and
(2) equitably offer technical expertise to companies
and a wide variety of relevant stakeholders, but not
including any company or relevant stakeholder that the
Assistant Secretary has determined to be not trusted,
(to the extent such standards-setting bodies allow such
stakeholders to participate) to facilitate such
participation.
(b) Standards-Setting Bodies.--The standards-setting bodies
referred to in subsection (a) include--
(1) the International Organization for
Standardization;
(2) the voluntary standards-setting bodies that
develop protocols for wireless devices and other
equipment, such as the 3GPP and the Institute of
Electrical and Electronics Engineers; and
(3) any standards-setting body accredited by the
American National Standards Institute or Alliance for
Telecommunications Industry Solutions.
(c) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary shall brief the
Committees on Energy and Commerce and Foreign Affairs of the
House of Representatives and the Committees on Commerce,
Science, and Transportation and Foreign Relations of the Senate
on a strategy to carry out subsection (a).
(d) Definitions.--In this section:
(1) 3GPP.--The term ``3GPP'' means the 3rd Generation
Partnership Project.
(2) 5G network.--The term ``5G network'' means a
fifth-generation mobile network as described by 3GPP
Release 15 or higher.
(3) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(4) Cloud computing.--The term ``cloud computing''
has the meaning given the term in Special Publication
800-145 of the National Institute of Standards and
Technology, entitled ``The NIST Definition of Cloud
Computing'', published in September 2011, or any
successor publication.
(5) Communications network.--The term
``communications network'' means any of the following:
(A) A system enabling the transmission,
between or among points specified by the user,
of information of the user's choosing.
(B) Cloud computing resources.
(C) A network or system used to access cloud
computing resources.
(6) Not trusted.--The term ``not trusted'' means,
with respect to a company or stakeholder, that the
company or stakeholder is determined by the Assistant
Secretary to pose a threat to the national security of
the United States. In making such a determination, the
Assistant Secretary shall rely solely on one or more of
the following determinations:
(A) A specific determination made by any
executive branch interagency body with
appropriate national security expertise,
including the Federal Acquisition Security
Council established under section 1322(a) of
title 41, United States Code.
(B) A specific determination made by the
Department of Commerce pursuant to Executive
Order No. 13873 (84 Fed. Reg. 22689; relating
to securing the information and communications
technology and services supply chain).
(C) Whether a company or stakeholder produces
or provides covered telecommunications
equipment or services, as defined in section
889(f)(3) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1918).
----------
457. An Amendment To Be Offered by Representative Waltz of Florida or
His Designee, Debatable for 10 Minutes
SEC. 12__. PROHIBITION ON FUNDING TO CERTAIN GOVERNMENTS OF
AFGHANISTAN.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense for
Afghanistan may be made available to any program, project, or
activity with the government of Afghanistan if such government
includes one or more individuals belonging to an organization
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) as a foreign terrorist
organization.
----------
458. An Amendment To Be Offered by Representative Waltz of Florida or
His Designee, Debatable for 10 Minutes
At the appropriate place in title II, insert the following
new section:
SEC. __. RESEARCH SECURITY TRAINING REQUIREMENT FOR FEDERAL RESEARCH
GRANT PERSONNEL.
(a) Annual Training Requirement.--Drawing on stakeholder
input, not later than 12 months after the date of the enactment
of this Act, each Federal research agency shall establish a
requirement that, as part of an application for a research and
development award from the agency--
(1) each covered individual listed on the application
for a research and development award certify that they
have completed research security training that meets
the guidelines developed under subsection (b) within
one year of the application; and
(2) each institution of higher education or other
organization applying for such an award certify that
each covered individual who is employed by the
institution or organization and listed on the
application has been made aware of the requirement
under this subsection.
(b) Training Guidelines.--The Director of the Office of
Science and Technology Policy, acting through the National
Science and Technology Council and in accordance with the
authority provided under section 1746(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 42 U.S.C. 6601 note), shall develop guidelines for
institutions of higher education and other organizations
receiving Federal research and development funds to use in
developing their own training programs to address the unique
needs, challenges, and risk profiles of such institutions,
including adoption of training modules developed under
subsection (c).
(c) Security Training Modules.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Director of the
Office of Science and Technology Policy in coordination
with the Director of the National Science Foundation
and the Director of the National Institute of Health,
and in consultation with other relevant Federal
research agencies, shall enter into an agreement or
contract with a qualified entity for the development of
online research security training modules for the
research community, including modules focused on
international collaboration and international travel,
foreign interference, and rules for proper use of
funds, disclosure, conflict of commitment, and conflict
of interest.
(2) Stakeholder input.--Prior to entering into the
agreement under paragraph (1), the Director of the
Office of Science and Technology Policy shall seek
input from academic, private sector, intelligence, and
law enforcement stakeholders regarding the scope and
content of training modules, including the diversity of
needs across institutions of higher education and other
awardees of different sizes and types, and
recommendations for minimizing administrative burden on
institutions of higher education and researchers.
(3) Development.--The Director of the Office of
Science and Technology Policy shall ensure that the
entity identified in paragraph (1)--
(A) develops modules that can be adapted and
utilized across Federal science agencies; and
(B) develops and implements a plan for
regularly updating the modules as needed.
(d) Constistency.--The Director of the Office of Science and
Technology Policy shall ensure that the training requirements
issued by Federal research agencies under subsection (a) are
consistent.
(e) Definitions.--In this section:
(1) The term ``covered individual'' means an
individual who--
(A) contributes in a substantive, meaningful
way to the scientific development or execution
of a research and development project proposed
to be carried out with a research and
development award from a Federal research
agency; and
(B) is designated as a covered individual by
the Federal research agency concerned.
(2) The term ``Federal research agency'' means any
Federal agency with an annual extramural research
expenditure of over $100,000,000.
(3) The term ``research and development award'' means
support provided to an individual or entity by a
Federal research agency to carry out research and
development activities, which may include support in
the form of a grant, contract, cooperative agreement,
or other such transaction. The term does not include a
grant, contract, agreement or other transaction for the
procurement of goods or services to meet the
administrative needs of a Federal research agency.
----------
459. An Amendment To Be Offered by Representative Waltz of Florida or
His Designee, Debatable for 10 Minutes
Add at the appropriate place in title LX the following:
SEC. __. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM PROHIBITION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, each Federal research agency shall
establish a requirement that, as part of a proposal for a
research and development award from the agency--
(1) each covered individual listed in the proposal
for a research and development award certify that they
are not a party to a malign foreign talent recruitment
program from a foreign country of concern in their
proposal submission and annually thereafter for the
duration of the award; and
(2) each institution of higher education or other
organization applying for such an award certify that
each covered individual who is employed by the
institution of higher education or other organization
has been made aware of the requirement under this
section.
(b) International Collaboration.--Each policy developed under
subsection (a) shall not prohibit--
(1) making scholarly presentations and publishing
written materials regarding scientific information not
otherwise controlled under current law;
(2) participation in international conferences or
other international exchanges, research projects or
programs that involve open and reciprocal exchange of
scientific information, and which are aimed at
advancing international scientific understanding;
(3) advising a foreign student enrolled at the
covered individual's institution of higher education or
writing a recommendation for such a student, at the
student's request; and
(4) other international activities deemed appropriate
by the Federal research agency head or their designee.
(c) Limitation.--The certifications required under subsection
(a) shall not apply retroactively to research and development
awards made prior to the establishment of the policy by the
Federal research agency.
(d) Definitions.--In this section:
(1) The term ``covered individual'' means an
individual who--
(A) contributes in a substantive, meaningful
way to the scientific development or execution
of a research and development project proposed
to be carried out with a research and
development award from a Federal research
agency; and
(B) is designated as a covered individual by
the Federal research agency concerned.
(2) The term ``Federal research agency'' means any
Federal agency with an annual extramural research
expenditure of over $100,000,000.
(3) The term ``foreign country of concern'' means the
People's Republic of China, the Democratic People's
Republic of Korea, the Russian Federation, the Islamic
Republic of Iran, or any other country deemed to be a
country of concern as determined by the Department of
State.
(4) The term ``Malign foreign talent program'' means
any program, position, or activity that includes
compensation, including cash, research funding,
promised future compensation, or things of value,
directly provided by the foreign state at any level
(national, provincial or local) or other foreign
entity, whether or not directly sponsored by the
foreign state, to the targeted individual in exchange
for the individual--
(A) transferring intellectual property,
materials, or data products owned by a U.S.
entity or developed with a federal research and
development award exclusively to the foreign
country's government or other foreign entity
regardless of whether that government or entity
provided support for the development of the
intellectual property, materials, or data
products;
(B) being required to recruit students or
researchers to enroll in malign foreign talent
programs sponsored by the foreign state or
entity; or,
(C) establishing a laboratory, accepting a
faculty position, or undertaking any other
employment or appointment in the foreign state
or entity contrary to the standard terms and
conditions of a federal research and
development award.
(5) The term ``research and development award'' means
support provided to an individual or entity by a
Federal research agency to carry out research and
development activities, which may include support in
the form of a grant, contract, cooperative agreement,
or other such transaction. The term does not include a
grant, contract, agreement or other transaction for the
procurement of goods or services to meet the
administrative needs of a Federal research agency.
----------
460. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Page 449, line 16, after ``academies'' insert ``, the Federal
Officer Candidate and Training Schools,''.
Page 449, line 21, after ``academies'' insert ``, the Federal
Officer Candidate and Training Schools,''.
Page 449, line 24, after ``academies'' insert ``, the Federal
Officer Candidate and Training Schools,''.
Page 450, line 10, after ``the'' insert ``Federal Officer
Candidate and Training Schools and the''.
----------
461. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Page 393, line 19, after ``program'' insert ``, the
demographic information of individuals enrolled in the
program,''.
Page 394, line 3, strike ``and''.
Page 394, line 5, strike the period at the end and insert ``;
and''.
Page 394, after line 5, insert the following:
(6) a description of program-wide diversity and
inclusion recruitment and retention efforts.
----------
462. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Page 1334, after line 17, insert the following:
SEC. ___. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL FINANCIAL
INSTITUTIONS.
(a) In General.--It is the policy of the United States that
it will not recognize or deal with the State Administration
Council, or any successor entity controlled by the military, as
the government of Burma for the purpose of the provision of
assistance from the international financial institutions.
(b) International Financial Institution Defined.--In
subsection (a), the term ``international financial
institution'' means the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, and the Asian Development Bank.
(c) Position of the United States.--Title XVI of the
International Financial Institutions Act (22 U.S.C. 262p-262p-
13) is amended by adding at the end the following:
``SEC. 1630. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL
FINANCIAL INSTITUTIONS.
``(a) In General.--The Secretary of Treasury shall instruct
the United States Executive Director at each international
financial institution to notify the respective institution that
the provision of any assistance to Burma through the State
Administration Council, or any successor entity controlled by
the military, except for humanitarian assistance channeled
through an independent implementing agency, such as the United
Nations Office for Project Services (UNOPS), that would be
responsible for financial management, procurement of goods and
services, and control of the flow of funds from the
international financial institution, would be cause for a
serious review of future United States participation in the
institution.
``(b) International Financial Institution Defined.--In
subsection (a), the term `international financial institution'
means the International Monetary Fund, the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Multilateral Investment Guarantee Agency, and the Asian
Development Bank.''.
----------
463. An Amendment To Be Offered by Representative Wenstrup of Ohio or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, add the following new
section:
SEC. 7__. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND MENTAL
HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.
Section 1145(a)(5) of title 10, United States Code is
amended--
(1) in subparagraph (A), by striking ``The
Secretary'' and inserting ``Except as provided in
subparagraph (D), the Secretary''; and
(2) by adding at the end the following new
subparagraph:
``(D) The requirement for a physical examination and
mental health assessment under subparagraph (A) shall
not apply with respect to a member of a reserve
component described in paragraph (2)(B) unless the
member is retiring, or being discharged or dismissed,
from the armed forces.''.
----------
464. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 1325. ANNUAL REPORT ON UNITED STATES STRATEGY TO COUNTER MALIGN
FOREIGN INFLUENCE IN AFRICA.
(a) Report Required.--Not later than 120 days after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary of State, in consultation with the heads
of other Federal departments and agencies as appropriate, shall
submit to the appropriate committees a report on the United
States strategy and associated efforts to counter the malign
influence of the People's Republic of China, the Russian
Federation, and other foreign actors who seek to undermine
United States efforts and influence in Africa.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the scope and nature of foreign
malign influence in Africa, including malign influence
that is facilitated by the People's Republic of China,
the Russian Federation, and other actors.
(2) A detailed account of United States foreign
assistance and other initiatives developed and
implemented during fiscal years 2018, 2019, 2020, and
2021 to address foreign malign influence in Africa,
including those programs designed to build foreign
government and civil society capacity to improve
standards related to human rights, labor, anti-
corruption, fiscal transparency, and other tenets of
good governance.
(3) Analysis of policy and programmatic limitations,
gaps, and resource requirements to meet related
strategic objectives.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Appropriate Congressional Committtees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
----------
465. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. INDEPENDENT STUDY ON HUMAN RIGHTS ABUSES RELATED TO THE ARMS
EXPORTS OF THE TOP FIVE ARMS-EXPORTING FOREIGN
COUNTRIES.
(a) In General.--The Secretary of State, in coordination with
the Defense Security Cooperation Agency, the National Security
Council, the Secretary of Defense, and the Secretary of
Commerce, shall enter into an agreement to provide for the
conduct of an independent study on human rights abuses related
to the arms exports of the top five arms-exporting foreign
countries, including China and Russia.
(b) Matters To Be Included.--The study described in
subsection (a)--
(1) shall provide recommendations to reduce civilian
harm in foreign countries that may have occurred
directly or indirectly in connection with such arms
exports, including--
(A) strategies to work with partner nations;
and
(B) complementary or additional engagement,
including with capabilities;
(2) shall analyze how to reduce risk relating to such
arms exports, including through use of additional
training, tools, and data; and
(3) may include other relevant elements.
(c) Deadline.--
(1) In general.--The study described in subsection
(a) shall be completed by September 1, 2022 and shall
be submitted to the appropriate congressional
committees not later than 5 days after its completion.
(2) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
----------
466. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following new
section:
SEC. 13__. FUNDING FOR CIVILIAN HARM MITIGATION BY DEFENSE SECURITY
COOPERATION AGENCY.
(a) Increase.--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,
Defense-wide, as specified in the corresponding funding table
in section 4301, for the Defense Security Cooperation Agency is
hereby increased by $2,000,000, of which $1,000,000 is for the
Defense Institute of International Legal Studies for Civilian
Harm Mitigation and $1,000,000 is for the Institute of Security
Governance for Civilian Harm Mitigation, for civilian harm
mitigation overall program process improvement and management
such as, at a minimum, assessment framework development and
improvement, risk analysis improvement, and the development of
new training and advising materials.
(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,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Undistributed in line 580 is hereby
reduced by $2,000,000.
----------
467. An Amendment To Be Offered by Representative Williams of Georgia
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. CHILD CARE RESOURCE GUIDE.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. CHILD CARE RESOURCE GUIDE.
``(a) In General.--Not later than 1 year after the date of
the enactment of this section and not less frequently than
every 5 years thereafter, the Administrator shall publish or
update a resource guide, applicable to various business models
as determined by the Administrator, for small business concerns
operating as child care providers.
``(b) Guidance on Small Business Concern Matters.--The
resource guide required under subsection (a) shall include
guidance for such small business concerns related to--
``(1) operations (including marketing and management
planning);
``(2) finances (including financial planning,
financing, payroll, and insurance);
``(3) compliance with relevant laws (including the
Internal Revenue Code of 1986 and this Act);
``(4) training and safety (including equipment and
materials);
``(5) quality (including eligibility for funding
under the Child Care and Development Block Grant Act of
1990 as an eligible child care provider); and
``(6) any other matters the Administrator determines
appropriate.
``(c) Consultation Required.--Before publication or update of
the resource guide required under subsection (a), the
Administrator shall consult with the following:
``(1) The Secretary of Health and Human Services.
``(2) Representatives from lead agencies designated
under section 658D of the Child Care and Development
Block Grant Act of 1990.
``(3) Representatives from local or regional child
care resource and referral organizations described in
section 658E(c)(3)(B)(iii)(I) of the Child Care and
Development Block Grant Act of 1990.
``(4) Any other relevant entities as determined by
the Administrator.
``(d) Publication and Dissemination Required.--
``(1) Publication.--The Administrator shall publish
the resource guide required under subsection (a) in
English and in the 10 most commonly spoken languages,
other than English, in the United States, which shall
include Mandarin, Cantonese, Japanese, and Korean. The
Administrator shall make each translation of the
resource guide available on a publicly accessible
website of the Administration.
``(2) Distribution.--
``(A) Administrator.--The Administrator shall
distribute the resource guide required under
subsection (a) to offices within the
Administration, including district offices, and
to the persons consulted under subsection (c).
``(B) Other entities.--Women's business
centers (as described under section 29), small
business development centers, chapters of the
Service Corps of Retired Executives
(established under section 8(b)(1)(B)), and
Veteran Business Outreach Centers (as described
under section 32) shall distribute to small
business concerns operating as child care
providers, sole proprietors operating as child
care providers, and child care providers that
have limited administrative capacity, as
determined by the Administrator--
``(i) the resource guide required
under subsection (a); and
``(ii) other resources available that
the Administrator determines to be
relevant.''.
----------
468. An Amendment To Be Offered by Representative Williams of Georgia
or Her Designee, Debatable for 10 Minutes
Add at the end of title LX the following:
SEC. 6013. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.
(a) In General.--There is established the National Equal Pay
Enforcement Task Force, consisting of representatives from the
Equal Employment Opportunity Commission, the Department of
Justice, the Department of Labor, and the Office of Personnel
Management.
(b) Mission.--In order to improve compliance, public
education, and enforcement of equal pay laws, the National
Equal Pay Enforcement Task Force will ensure that the agencies
in subsection (a) are coordinating efforts and limiting
potential gaps in enforcement.
(c) Duties.--The National Equal Pay Enforcement Task Force
shall investigate challenges related to pay inequity pursuant
to its mission in subsection (b), advance recommendations to
address those challenges, and create action plans to implement
the recommendations.
----------
469. An Amendment To Be Offered by Representative Wilson of South
Carolina or His Designee, Debatable for 10 Minutes
Page 447, line 2, strike ``Of the amount'' and insert the
following:
(1) In general.--Of the amount
Page 447, after line 9, insert the following:
(2) Allocation for high concentration schools.--Of
the amount made available under paragraph (1),
$10,000,000 shall be available for use by the Secretary
of Defense to make payments to local educational
agencies determined by the Secretary to have higher
concentrations of military children with severe
disabilities.
----------
470. An Amendment To Be Offered by Representative Wittman of Virginia
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XVI the following new
section:
SEC. 1609. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.
(a) Finding.--Congress finds that modern high-throughput non-
geostationary orbit satellite constellations provide robust
commercial satellite communication capabilities that enable
current military operations and facilitate advanced
communications networks that would provide significant quality
of life enhancements for deployed personnel of the Navy.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments
and heads of the Defense Agencies, shall submit to the
congressional defense committees a report on current commercial
satellite communication initiatives, particularly with respect
to new non-geostationary orbit satellite technologies, the Navy
has employed to increase satellite communication throughput to
afloat platforms currently constrained by legacy capabilities.
The report shall include the following:
(1) A potential investment strategy concerning how to
operationalize commercial satellite communication
capabilities using non-geostationary orbit satellites
across the fleet, including--
(A) requisite funding required to adequately
prioritize and accelerate the integration of
such capabilities into Navy warfighting
systems; and
(B) future-year spending projections for such
efforts that align with other satellite
communication investments of the Department.
(2) An integrated satellite communications reference
architecture roadmap for the Navy to achieve a
resilient, secure network for operationalizing
commercial satellite communication capabilities using
non-geostationary orbit satellites across the Navy that
is capable of leveraging multi-band and multi-orbit
architectures, including requirements that enable
maximum use of commercially available technologies.
----------
471. An Amendment To Be Offered by Representative Young of Alaska or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title X the following new
section:
SEC. 10__. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT RESCUE AIRCRAFT
AND EQUIPMENT.
The Secretary of the Air Force shall submit to the
congressional defense committees a strategy for the Department
of Air Force for the acquisition of combat rescue aircraft and
equipment that aligns with the stated capability and capacity
requirements of the Air Force to meet the national defense
strategy (required under section 113(g) of title 10, United
States Code) and Arctic Strategy of the Department of the Air
Force.
----------
472. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, insert the following:
SEC. 8__. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this
subsection, the term `covered individual' means--
``(A) a member of the Armed Forces, including
the National Guard or Reserves;
``(B) an individual who is participating in
the Transition Assistance Program established
under section 1144 of title 10, United States
Code;
``(C) an individual who--
``(i) served on active duty in any
branch of the Armed Forces, including
the National Guard or Reserves; and
``(ii) was discharged or released
from such service under conditions
other than dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October
1 after the enactment of this subsection and for the
subsequent 4 fiscal years, the Administrator shall
carry out a program to be known as the `Boots to
Business Program' to provide entrepreneurship training
to covered individuals.
``(3) Goals.--The goals of the Boots to Business
Program are to--
``(A) provide assistance and in-depth
training to covered individuals interested in
business ownership; and
``(B) provide covered individuals with the
tools, skills, and knowledge necessary to
identify a business opportunity, draft a
business plan, identify sources of capital,
connect with local resources for small business
concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business
Program may include--
``(i) a presentation providing
exposure to the considerations involved
in self-employment and ownership of a
small business concern;
``(ii) an online, self-study course
focused on the basic skills of
entrepreneurship, the language of
business, and the considerations
involved in self-employment and
ownership of a small business concern;
``(iii) an in-person classroom
instruction component providing an
introduction to the foundations of self
employment and ownership of a small
business concern; and
``(iv) in-depth training delivered
through online instruction, including
an online course that leads to the
creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and
private entities to develop course
curricula for the Boots to Business
Program; and
``(ii) modify program components in
coordination with entities
participating in a Warriors in
Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013
(10 U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran
Business Outreach Centers
regularly participate, on a
nationwide basis, in the Boots
to Business Program; and
``(II) to the maximum extent
practicable, use a variety of
other resource partners and
entities in administering the
Boots to Business Program.
``(ii) Grant authority.--In carrying
out clause (i), the Administrator may
make grants to Veteran Business
Outreach Centers, other resource
partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of
defense.--The Administrator shall make
available to the Secretary of Defense
information regarding the Boots to Business
Program, including all course materials and
outreach materials related to the Boots to
Business Program, for inclusion on the website
of the Department of Defense relating to the
Transition Assistance Program, in the
Transition Assistance Program manual, and in
other relevant materials available for
distribution from the Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans
Affairs, the Administrator shall make available
for distribution and display at local
facilities of the Department of Veterans
Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility
requirements for participating in the
Boots to Business Program.
``(5) Report.--Not later than 180 days after the date
of the enactment of this subsection and every year
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the performance and
effectiveness of the Boots to Business Program, which
may be included as part of another report submitted to
such Committees by the Administrator, and which shall
include--
``(A) information regarding grants awarded
under paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants
using each component of the Boots to Business
Program;
``(D) the completion rates for each component
of the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age,
race, relationship to military,
military occupational specialty, and
years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with
assistance under the Boots to Business
Program;
``(iii) the gross receipts of small
business concerns receiving assistance
under the Boots to Business Program;
``(iv) the number of jobs created
with assistance under the Boots to
Business Program;
``(v) the number of referrals to
other resources and programs of the
Administration;
``(vi) the number of program
participants receiving financial
assistance under loan programs of the
Administration;
``(vii) the type and dollar amount of
financial assistance received by
program participants under any loan
program of the Administration; and
``(viii) results of participant
satisfaction surveys, including a
summary of any comments received from
program participants;
``(F) an evaluation of the effectiveness of
the Boots to Business Program in each region of
the Administration during the most recent
fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business
Program, as identified by the Administrator;
``(H) any recommendations of the
Administrator for improvement of the Boots to
Business Program, which may include expansion
of the types of individuals who are covered
individuals;
``(I) an explanation of how the Boots to
Business Program has been integrated with other
transition programs and related resources of
the Administration and other Federal agencies;
and
``(J) any additional information the
Administrator determines necessary.''.
----------
473. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
In the appropriate place in title LX, insert the following:
SEC. _. ENSURING THAT CONTRACTOR EMPLOYEES ON ARMY CORPS PROJECTS ARE
PAID PREVAILING WAGES AS REQUIRED BY LAW.
The Assistant Secretary of the Army for Civil Works shall
provide to each Army Corps district clarifying, uniform
guidance with respect to prevailing wage requirements for
contractors and subcontractors of the Army Corps that--
(1) conforms with the Department of Labor's
regulations, policies, and guidance with respect to the
proper implementation and enforcement of subchapter IV
of chapter 31 of title 40, United States Code (commonly
known as the "Davis-Bacon Act") and other related Acts,
including the proper classification of all crafts by
Federal construction contractors and subcontractors;
(2) directs Army Corps districts to investigate
worker complaints and third-party complaints within 30
days of the date of filing; and
(3) instructs Army Corps districts that certified
payroll reports submitted by contractors and
subcontractors and the information contained therein
shall be publicly available and are not exempt from
disclosure under section 552(b) of title 5, United
States Code.
----------
474. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Page 1390, after line 19, insert the following:
SEC. 6013. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES
LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016
(Public Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following
new subparagraph:
``(B) to the extent specified in advance in
an appropriations Act for a fiscal year, any
funds received as compensation for an easement
described in subsection (e); and''.
----------
475. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
Page 495, line 18, strike ``to approximate'' and all that
follows through ``meat products'' and insert ``from plants
(such as vegetables, beans, and legumes), fungi, or other non-
animal sources of protein''.
----------
476. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 596. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.
(a) Study.--The Comptroller General of the United States
shall evaluate the tattoo policies of each Armed Force,
including--
(1) the effects of such policies on recruitment,
retention, reenlistment of members of the Armed Forces;
and
(2) processes for waivers to such policies to
recruit, retain, or reenlist members who have
unauthorized tattoos.
(b) Report.--Not later than March 31, 2022, the Comptroller
General shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the
results of the evaluations under subsection (a).
[all]